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Journal articles on the topic 'Exemptions (Law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 12 February 2022

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1

Sandberg, Russell, and Norman Doe. "RELIGIOUS EXEMPTIONS IN DISCRIMINATION LAW." Cambridge Law Journal 66, no. 2 (July 2007): 302–12. http://dx.doi.org/10.1017/s0008197307000530.

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The debate in January 2007, as presented by the mass media, concerning whether an exemption should be provided for Roman Catholic Adoption Agencies from new laws prohibiting discrimination on grounds of sexual orientation in the provision of goods and services, rested upon two erroneous assumptions. The first was an assumption that awarding exemptions on grounds of religion was novel; the second was that the debate concerned whether there ought to be a religious exemption at all. This article seeks to engage with the real debate concerning the Equality Act (Sexual Orientation) Regulations 2007, which is not whether there ought to be a religious exemption (since one has been given) but rather the scope of the exemption. It also aims to show that religious exemptions are common in English law, including discrimination law, and to elucidate the various exemptions, paying particular attention to their beneficiaries and the basis on which discrimination is permitted. In short, this article seeks to understand the state of the law as a whole contextualising the recent moral panic.

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2

Anders, Cameo C. "Individual and Institutional Religious Exemptions from Vaccines." National Catholic Bioethics Quarterly 20, no. 3 (2020): 501–23. http://dx.doi.org/10.5840/ncbq202020346.

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Under federal law, an individual religious exemption from vaccines is valid when it is based on subjective, sincere beliefs rooted in religion but not dependent on the existence, veracity, or accurate understanding or application of denominational tenets or doctrines. Despite the subjective nature of the individual religious exemption, Catholic institutions may recognize or deny (under certain circumstances) individual religious exemptions on the basis of the institution’s own religious exemptions. For example, under the doctrine of the common good, the significant risk to the community presented by non-vaccinated individuals could be grounds for an institution to deny an individual’s otherwise valid religious exemption. This paper attempts to clarify the decision-making framework used by law to balance individual religious exemptions and compelling state interests, then proposes a similar decision-making framework, consistent with Catholic moral principles, for religious institutions to use when balancing individual conscience objections and compelling duties to society.

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3

Sandberg, Russell. "Gods and Services: Religious Groups and Sexual Orientation Discrimination." Ecclesiastical Law Journal 10, no. 2 (April 16, 2008): 205–9. http://dx.doi.org/10.1017/s0956618x08001208.

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Exemptions for religious groups from generally applicable laws are by no means unusual, especially in the field of discrimination law. However, exemptions from laws prohibiting discrimination on grounds of sexual orientation have proved particularly controversial. The legality of exemptions in regulations prohibiting discrimination on grounds of sexual orientation in the employment sphere has been the subject of judicial review and the scope of those exemptions has also been judicially examined. The extension to prohibit discrimination on grounds of sexual orientation in the provision of goods and services has proved controversial, and case law on the extent of the religious exemption included in the British regulations is awaited. In the meantime, a recent judicial review of the corresponding Northern Ireland regulations, which were enacted prior to the British regulations, may be illuminating.

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Richardson, Siane. "Marriage: A Get Out of Jail Free Card?" International Journal of Law, Policy and the Family 34, no. 2 (August 1, 2020): 168–90. http://dx.doi.org/10.1093/lawfam/ebaa004.

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Abstract Marital rape is a particularly heinous form of sexual violence that occurs within intimate relationships. However, throughout much of the world, the marriage contract affords legal immunity to marital partners who would otherwise be convicted as sexual offenders. By reviewing the laws of the Commonwealth jurisdictions, this research highlights the necessity for reform in many jurisdictions that continue to allow for marital exemptions to sexual offending. This review identified three main forms of marital exemption, that is the general marital exemption to the primary sexual offence, the creation of spousal-specific sexual offences, and the use of marital exemptions to remove or reduce liability for sexual offences involving minors. The operation of these marital exemptions is then considered in the context of international human rights law and its prohibition on sexual violence within intimate relationships. An analysis of the jurisprudence surrounding Article 2 of CEDAW, Article 19 of the CRC and the prohibition of torture informs the argument that international human rights law requires the prohibition of marital exemptions to sexual offending throughout the Commonwealth nations. Marital exemptions continue to afford sexual offending with impunity across many Commonwealth jurisdictions in breach of the international human rights obligations of those nations and reform should occur in order to uphold the rights of sexual violence survivors.

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5

Conis, Elena, and Jonathan Kuo. "Historical Origins of the Personal Belief Exemption to Vaccination Mandates: The View from California." Journal of the History of Medicine and Allied Sciences 76, no. 2 (February 24, 2021): 167–90. http://dx.doi.org/10.1093/jhmas/jrab003.

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Abstract A number of states, starting with California, have recently removed all non-medical exemptions from their laws requiring vaccinations for schoolchildren. California was also one of the earliest states to include a broad non-medical, or personal, belief exemption in its modern immunization law, which it did with a 1961 law mandating polio vaccination for school enrollment, Assembly Bill 1940 (AB 1940). This paper examines the history of AB 1940’s exemption clause as a case study for shedding light on the little-examined history of the personal belief exemption to vaccination in the United States. This history shows that secular belief exemptions date back further than scholars have allowed. It demonstrates that such exemptions resulted from political negotiation critical to ensuring compulsory vaccination’s political success. It challenges a historiography in which antivaccination groups and their allies led late-nineteenth and early-twentieth century opposition to vaccination mandates while religious groups drove mid-twentieth century opposition. It also complicates the historiographic idea of a return to compulsion in the late 1960s, instead dating this return a decade earlier, to a time when belief exemptions in polio vaccination mandates helped reconcile the goal of a widely vaccinated population with the sacrosanct idea of health as a personal responsibility.

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6

Nehushtan, Yossi. "Granting Conscientious Exemptions: The Need to Take Sides." Religion and Human Rights 7, no. 1 (2012): 31–58. http://dx.doi.org/10.1163/187103212x624210.

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Abstract There are several possible views of the proper way in which the state should respond to claims to be granted conscientious exemptions. This article discusses, and ultimately rejects, two main approaches to the issue of granting conscientious exemptions: the neutral approach and the ‘equal-regard’ approach. According to the neutral approach the decision whether to grant an exemption should not be affected, at least not directly, by the content of a person’s conscience. The equal-regard approach suggests that, when an exemption is granted to a non-religious conscientious objector, an exemption should also be granted to his equivalent religious objector, and vice versa. It is suggested that the state has to take sides and to evaluate the content of one’s conscience in order to decide whether to grant him an exemption from the law. The general argument that intolerance should normally not be tolerated provides one reason, among others, why the content of someone’s conscience is significant when deciding when to grant conscientious exemptions.

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7

Nehushtan, Yossi. "Religious Conscientious Exemptions." Law and Philosophy 30, no. 2 (November 10, 2010): 143–66. http://dx.doi.org/10.1007/s10982-010-9088-4.

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8

Påhlsson, Robert. "The Vat Exemption for Health Care: Eu Law and its Impact on Swedish law." Nordic Tax Journal 2015, no. 2 (December 1, 2015): 18–35. http://dx.doi.org/10.1515/ntaxj-2015-0010.

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Abstract The general rule in EU law is that value-added tax (VAT) is to be levied on all goods and services. There are a number of exceptions, however, one of which applies to certain medical services. This paper examines the legal basis for tax exemptions in EU VAT law and in Swedish law, with particular attention to the extent to which the rapidly growing private health-care sector is covered by these tax exemptions.

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9

Bonn, Dorothy. "Texas law allows conscientious immunisation exemptions." Lancet Infectious Diseases 3, no. 9 (September 2003): 525. http://dx.doi.org/10.1016/s1473-3099(03)00751-5.

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10

Mazurkiewicz, Szymon. "Judge as Conscientious Objector – Analysis Based on Cultural Exemptions Theory and U.S. Law." Polish Review of International and European Law 6, no. 1 (September 4, 2018): 73. http://dx.doi.org/10.21697/priel.2017.6.1.03.

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The aim of this paper is to analyze whether it is possible for a judge to possess the right to conscientious objection. Firstly, the author provides some conceptual remarks along with distinguishing conscientious objection from other situations concerning conflict between law and morality that involve judges. Next, cultural exemptions/religious accommodations theory is introduced as a conceptual basis for further analysis. W. Ciszewski’s multidimensional view on exemption theory is applied here. It distinguishes three levels of discussion: the general legitimatization of accommodations, secondly, the justification of a concrete exemption and thirdly the scope, process of application and exclusions of the specific exemption. This paper involves the second level and some issues from the third. Five premises given by W. Ciszewski are considered: (1) significance of a goal realized by regulation, (2) formal amenability of a duty to exclusion, (3) significance of one’s world view being in conflict with duty, (4) prohibition of the unjustified privileging of a group and (5) size of a group that may obtain an exemption. The last part involves the problem of applying a conscience clause. In the paper the author analyzes whether the regulation of judicial disqualification, especially judicial recusal, can be regarded as a legal basis for taking advantage of conscientious objection. The author also considers the boundaries of the clause of conscience with special emphasize on the individual’s right to a fair trial.

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11

Chitov, Alexandre. "Exemptions from punishment in China and Thailand from the perspective of the theory of Leon Petrazycky." Pravovedenie 62, no. 3 (2018): 570–81. http://dx.doi.org/10.21638/spbu25.2018.309.

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This paper compares legislative provisions of Chinese and Thai laws pertaining to exemptions from punishment. These exemptions must be distinguished from the exemptions from criminal liability. In the latter case, Chinese and Thai courts cannot inflict punishment on a person who is justified or excused in committing an act otherwise defined as a crime. In contrast, an exemption from punishment is granted by courts as an exercise of discretionary powers. Chinese and Thai laws bear similar characteristics in defining the exemptions from criminal liability, but differ significantly in the scope of discretionary powers of courts to exempt from punishments. Chinese law allows judges to have more discretion in not imposing penalties on an offender than Thai law does. The reason for the difference lies in a greater openness of Chinese law to moral considerations to be played in sentencing practices. Thai law is much more influenced by the philosophy of legal positivism. These similarities and differences are discussed in the light of the theory of Leon Petrazycki. It is argued that Petyrazycki’s concept of intuitive law as attributive imperatives is important in explaining and justifying the powers of the court not to inflict punishment if it meets the goals of criminal justice. From the viewpoint of the theory of Petrazycki, Chinese law can accommodate better the intuitive law of the public to the exigencies of various social situations. However, Petrazycki’s theory alone cannot override many reasons against giving judges extensive powers to apply their intuitive laws to exempt offenders from punishment. There is a plurality of psychological imperatives which may conflict with each other. To resolve those conflicts, it is necessary to draw on the idea of natural law. Even though Petrazycki did not explicitly argue for the existence of the natural law, its existence can be drawn from common psychological imperatives as well as from a striking similarity between various systems of criminal law in such diverse countries as China and Thailand. Many of the legal provisions of their laws display certain common legal paradigms that cannot be only accounted for by the adoption of the Western legal concepts.

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12

Grodin, M. A. "Religious Exemptions: Brain Death and Jewish Law." Journal of Church and State 36, no. 2 (March 1, 1994): 357–72. http://dx.doi.org/10.1093/jcs/36.2.357.

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13

Wołowiec, Tomasz, and Dariusz Reśko. "CLASSIFICATION OF TAX RELIEFS AND EXEMPTIONS IN POLISH TAX SYSTEM." International Journal of New Economics and Social Sciences 4, no. 2 (December 30, 2016): 18–32. http://dx.doi.org/10.5604/01.3001.0010.4537.

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The main aim of this article is to present the classification of reliefs and exemptions in the Polish tax system. We analyzed the provisions of the Tax Code nad general tax law. The study compared individual reliefs and exemptions pointing out the differences and special their features. We find out main conclusions about the nature of the application, indicating the directions of the ways of modification relief and exemptions in Polish tax law.

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14

van Kesteren, Herman, and Vishal Sharma. "Cost sharing exemptions." ERA Forum 19, no. 2 (June 2018): 229–36. http://dx.doi.org/10.1007/s12027-018-0520-9.

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15

Efendi, A'an. "PROSPEK PERSEROAN PEMEGANG SAHAM TUNGGAL TANPA PERKECUALIAN UNTUK KEMUDAHAN BISNIS." Veritas et Justitia 6, no. 2 (December 25, 2020): 343–69. http://dx.doi.org/10.25123/vej.3694.

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As a general rule, economic enterprises or companies should be established based on the principle of capital association and agreement. In contrast, Law No. 40 of 2007 re. Limited Liability Companies, provide exemptions to both principles. On the basis of this observation the issue discussed in this articles are: (1) why is the exemption provided only for certain forms of economic enterprises or companies; (2) is this exemption to the rule justified, perceived from the principle of equality; and (3) what are the justification for allowing the establishment of a limited liability company with a single investor (sole ownership). Using a juridical doctrinal approach the answer to the above questions are: (1) exemption are granted for state owned companies, established and regulated under public law; (2) the exemption is unjust as it discriminates and allowed for discriminative treatment; and (3) the practice of establishing a limited liability company by a single shareholder is a long standing practice.

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16

Jones, Malia, and Alison Buttenheim. "Potential Effects of California’s New Vaccine Exemption Law on the Prevalence and Clustering of Exemptions." American Journal of Public Health 104, no. 9 (September 2014): e3-e6. http://dx.doi.org/10.2105/ajph.2014.302065.

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17

Stankovic, Mirjana, and Bratislav Stankovic. "Biotech Research-Tool Patents in Macedonia: Current Legal and Economic Parameters." Review of Central and East European Law 38, no. 2 (2013): 113–39. http://dx.doi.org/10.1163/092598812x13274154887385.

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One of the vigorously debated topics related to the protection of biotechnology inventions has been the issue of patents on biotechnology research tools, which usually are used in very early stages of biotechnology research. Proponents of patenting argue that the patent system acts as an incentive for biotech/pharma companies to invest in research and development which is aimed at developing biotech research tools. Opponents of patenting maintain that such patents might impede future research by creating “patent-thickets” and preventing researchers from performing experiments which rely on the patented tools without authorization and royalty payments.The Republic of Macedonia is a small, developing country that lacks specifically crafted legislation or even an articulated public policy promoting the growth of the biotechnology sector. Macedonian patent law contains rather broad exemption to patent rights, termed in “free use for personal and non commercial purposes” and “free use for research and development” of a patented invention. These provisions use obfuscating language and might generate confusion and divergent judicial practices. Also problematic are the law’s provisions which pertain to biotechnology patents and, especially, exemptions to biotechnology patents; these appear to misinterpret the mirroring provisions of the European Union Biotechnology Directive.This article argues in favor of amending the Macedonian industrial property law with a list of both specific exemptions and safeguards, which should provide clarity in future judicial practice pertaining to experimental-use exemptions of biotech research-tool patents in this country.

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18

Schwochau, Susan. "The labor exemptions to antitrust law: An overview." Journal of Labor Research 21, no. 4 (December 2000): 535–55. http://dx.doi.org/10.1007/s12122-000-1030-3.

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19

Artunç, Cihan. "The Price of Legal Institutions: TheBeratlıMerchants in the Eighteenth-Century Ottoman Empire." Journal of Economic History 75, no. 3 (August 27, 2015): 720–48. http://dx.doi.org/10.1017/s0022050715001059.

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In the eighteenth century, European embassies in the Ottoman Empire started selling exemption licenses calledberats, which granted non-Muslim Ottomans tax exemptions and the option to use European law. I construct a novel price panel for British and French licenses based on primary sources. The evidence reveals that prices were significantly high and varied across countries. Agents acquired multipleberatsto enhance their legal options, which they exploited through strategic court switching. By the early 1800s,beratholders had driven other groups from European-Ottoman trade.

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20

Boeuf, Blandine, Oliver Fritsch, and Julia Martin-Ortega. "Justifying exemptions through policy appraisal: ecological ambitions and water policy in France and the United Kingdom." Water Policy 20, no. 3 (March 16, 2018): 647–66. http://dx.doi.org/10.2166/wp.2018.108.

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Abstract The Water Framework Directive aims to achieve ‘good status’ for all water bodies in the European Union. However, exemption clauses enable member states to delay protective measures and to lower water quality objectives. The ambiguity of exemption clauses has led to a plurality of approaches across the continent. They differ as to their political objectives, i.e., the overall ambition displayed in implementing the Directive, and to their methodological choices, i.e., the analytical tools used to justify exemptions. This article argues that those political and methodological dimensions influence each other. Relying on a framework of analysis that integrates key recommendations from the literature, we explore the usage and justification of exemptions in two countries, the United Kingdom and France. Our analysis suggests that analytical methods were often decided so as to reflect the ecological ambitions of a country, and some methodological choices seem to have had unintended consequences for water quality objectives. We conclude that economic methods should be adapted so that they take into account, rather than ignore, the political ambitions of a country in the field of water.

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21

Mungan, Murat C. "Welfare enhancing regulation exemptions." International Review of Law and Economics 31, no. 4 (December 2011): 249–55. http://dx.doi.org/10.1016/j.irle.2011.06.002.

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22

Łopatecki, Karol. "EGZEMPCJE WOJSKOWE - IMMUNITET ŻOŁNIERSKI W RZECZYPOSPOLITEJ SZLACHECKIEJ XVI-XVII WIEKU." Zeszyty Prawnicze 5, no. 1 (June 10, 2017): 101. http://dx.doi.org/10.21697/zp.2005.5.1.05.

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Military Exemptions - Soldier’s Immunity in Polish -Lithuanian Commonwealth of XVI-XVII CenturySummaryMilitary exemptions have not been described in the hitherto literature whereas they constitute an interesting phenom enon allowing to evaluate the legal position of mercenary soldiers, functioning of legal norms of a temporary character and the interrelations between the statutory and customary law. In XVI and XVII centuries both - general exemptions, granted by Seym, and hetm an’s exemptions, deprived of the Seym’s sanction, existed. The constitutions on the exemptions always had a temporary nature. As a consequence o f the advancing paralysis of the parliament’s works, the exemptions issued by hetm an became more and more common.Exemptions were the releases to be applied before all types of courts, apart from military courts. They withheld the proceedings (even enforcement proceedings when the verdict did not benefit from the res iudicata character) with regard to all persons taking part in the military expeditions and their families. This enhanced the attractiveness of military service and prevented soldiers from leaving the army.Exemptions were known to the customary law, however, they were formulated by Seym by means of constitutions. The parliament, depending on the circumstances, enlarged or limited the group of the beneficiaries, applied more or less strict criteria, changed the time limits of the exemptions’ validity, prevented their abuse, and most importantly, it firmly opposed a rejection of the releases by courts.

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23

Bruynes, J. P., Jason Daniel, and Libbie Walker. "CFTC adopts amendments to position limit aggregation rules." Journal of Investment Compliance 18, no. 2 (July 3, 2017): 31–35. http://dx.doi.org/10.1108/joic-04-2017-0023.

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Purpose To explain the final position limit aggregation rules and exemptions pertaining to derivative positions in nine agricultural commodities adopted by the Commodity Futures Trading Commission on December 5, 2016 and effective February 14, 2017, the notice filing deadline with respect to which was extended by the CFTC by limited time no-action relief until August 14, 2017. Design/methodology/approach Explains the position limit aggregation rules and exemptions pertaining to equity interests in owned entities, ownership or equity interests in pooled accounts or positions, positions of an “eligible entity” in connection with client positions carried by an “independent account controller,” positions held by futures commission merchants (FCMs) in discretionary accounts or customer trading program accounts, equity interests of underwriters based on unsold allotments of securities in distributions, broker-dealers if the equity interest is acquired in the normal course of business and positions for which information cannot be collected without risk of violating a law. Findings Unless an exemption from aggregation is available, all positions in accounts for which any person controls the trading or holds a 10 per cent or greater ownership or equity interest must be aggregated with positions held, and trading done, by such person. The final rule adds several new exemptions, including for persons with a 10 per cent or greater ownership or equity interest in an entity so long as certain conditions establishing independence are met. The final rule requires notice filing to take advantage of most exemptions from aggregation. Originality/value Practical guidance from experienced lawyers specializing in securities, funds, and investment management.

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24

Koppelman, Andrew. "CONSCIENCE, VOLITIONAL NECESSITY, AND RELIGIOUS EXEMPTIONS." Legal Theory 15, no. 3 (September 2009): 215–44. http://dx.doi.org/10.1017/s1352325209990061.

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Why do we grant religious exemptions? Many distinguished scholars and judges have been drawn to the idea that conscience is entitled to special protection, because a person in its grip cannot obey the law without betraying his deepest, most identity-defining commitments. The weakness of this justification is shown by philosopher Harry Frankfurt's account of what he calls “volitional necessity,” which clarifies the structure of the argument that invocations of conscience imply. Frankfurt shows that a person can be bound in this way by allegiances that there is no reason to respect; volitional necessity can arise from anything at all that a person cares about. Conscience is thus a poor basis for claims upon other people. Accommodation must rather depend on some idea of the value of religion.

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Ginzky, Harald. "Exemptions from Statutory Water Management Objectives: Requirements, Spheres of Responsibility, Unresolved Implementation Issues." Journal for European Environmental & Planning Law 3, no. 2 (2006): 117–31. http://dx.doi.org/10.1163/187601006x00362.

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AbstractPursuant to Sec. 25a-d, 36, and 36b of the Federal Water Act (Wasserhaushaltsgesetz) all water management objectives and the consequent implementation measures are to be elaborated by 31 December 2009. The characterisation that was realised in 2005 showed that many problems have yet to be resolved, and that they can only be resolved at great expense. In view of this fact, it would be desirable to allow exemptions from specific water management objectives in special cases. The criteria such exemptions must meet are set forth in Sec. 25c-d of the Federal Water Act. The present report argues that these criteria should be interpreted in such a way as to ensure that exemptions are allowed in exceptional cases only, and in a manner that is consistent with the provisions of the Water Framework Directive.

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CORNELISSEN, GEMMA. "Belief-Based Exemptions: Are Religious Beliefs Special?*." Ratio Juris 25, no. 1 (February 22, 2012): 85–109. http://dx.doi.org/10.1111/j.1467-9337.2011.00504.x.

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27

Payne, Cymie R. "ICJ Halts Antarctic Whaling – Japan Starts Again." Transnational Environmental Law 4, no. 1 (April 2015): 181–94. http://dx.doi.org/10.1017/s2047102515000035.

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AbstractThe International Court of Justice (ICJ) judgment inWhaling in the Antarctic, a dispute brought by Australia against Japan, found that Japan had violated the International Convention for the Regulation of Whaling (ICRW) moratoria on all commercial whaling and the use of factory ships to process whales, and also the prohibition on whaling in the Southern Ocean Sanctuary. In the course of analyzing whether special permits issued by Japan qualified for the scientific whaling exemption under Article VIII ICRW, the Court benefited from a more robust scientific fact-finding process than at times in the past. The judgment emphasized the mutual obligations of this multilateral agreement by taking the view that the provisions of the ICRW’s scientific whaling exemptions are neither self-judging nor subject to a ‘margin of appreciation’ in favour of a state party claiming the exemption. The case was driven by conflicting attitudes towards commercial whaling, and also towards global common spaces. The ICJ’s decision and Japan’s response indicate the limits of the ICRW in resolving those differences.

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BORDAKOVA, A. G. "Norms-exemptions and exceptions in law: problems of differentiation." Eurasian Law Journal 8, no. 147 (2020): 59–61. http://dx.doi.org/10.46320/2073-4506-2020-8-147-59-61.

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Bond, R. Douglass. "Making Sense of Billboard Law: Justifying Prohibitions and Exemptions." Michigan Law Review 88, no. 8 (August 1990): 2482. http://dx.doi.org/10.2307/1289546.

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30

Pierik, Roland. "On religious and secular exemptions: A case study of childhood vaccination waivers." Ethnicities 17, no. 2 (March 9, 2017): 220–41. http://dx.doi.org/10.1177/1468796817692629.

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This paper analyses exemptions to general law through the prism of vaccine waivers in the United States. All US states legally require the vaccination of children prior to school or daycare entry; however, this obligation is accompanied with a system of medical, religious, and/or philosophical exemptions. Nonmedical exemptions became subject of discussion after the 2015 Disneyland measles outbreak in California, which unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates in Western societies, resulting in the reoccurrence of measles outbreaks. This can be traced back to an increasing public questioning of vaccines by a growing anti-vaccination movement. In reaction to the outbreak and the public outrage it generated, several states proposed—and some already passed—bills to eliminate nonmedical exemptions. I analyze two questions. First, can legal exemptions from mandatory childhood vaccination schemes for parents who are opposed to vaccination (still) be justified? Second, should legal exemptions be limited to religious objections to vaccination, or should they also be granted to secular objections? Although the argument in the paper starts from the example of the US, it seeks to provide a more general philosophical reflection on the question of exemptions from mandatory childhood vaccination.

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Bespalov, Andrei. "Religious exemptions, claims of conscience, and idola fori." Jurisprudence 11, no. 2 (March 2, 2020): 225–42. http://dx.doi.org/10.1080/20403313.2020.1728162.

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32

Gedicks. "Religious Exemptions, Formal Neutrality, and Laïcité." Indiana Journal of Global Legal Studies 13, no. 2 (2006): 473. http://dx.doi.org/10.2979/gls.2006.13.2.473.

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Oleske, James M. "The ‘Mere Civility’ of Equality Law and Compelled-Speech Quandaries." Oxford Journal of Law and Religion 9, no. 2 (June 1, 2020): 288–304. http://dx.doi.org/10.1093/ojlr/rwaa009.

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Abstract When, if ever, do business owners have a right to be exempted from laws prohibiting discrimination in the commercial marketplace? Although public debate over this question often focuses on the issue of religious liberty, litigants seeking exemptions in court have placed equal or greater reliance on arguments about compelled speech. This article examines how such arguments have been employed in recent high-profile cases in both the UK and the USA. The article also addresses a new variation on the exemption argument inspired by Teresa Bejan’s book, Mere Civility, and the allegedly ‘minimal’ conception of civility Roger Williams advocated in the 17th century. After explaining why reliance on Bejan and Williams is misplaced, the article turns to the key questions that arise under modern compelled-speech doctrine when a business owner seeks to resist an equal-service mandate. The US Supreme Court ultimately sidestepped those questions in Masterpiece Cakeshop, Ltd v Colorado Civil Rights Commission, while the UK Supreme Court (UKSC) offered cursory and unsatisfactory answers in Lee v Ashers Baking Co. This article fills the gap with a more thorough analysis.

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Gogarty, Brendan, Anja Hilkemeijer, and Daniel Westbury. "Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage." Alternative Law Journal 43, no. 3 (August 16, 2018): 225–28. http://dx.doi.org/10.1177/1037969x18783437.

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In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to individuals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ individuals against discrimination.

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Reiss, Dorit Rubinstein, and V. B. Dubal. "Influenza Mandates and Religious Accommodation: Avoiding Legal Pitfalls." Journal of Law, Medicine & Ethics 46, no. 3 (2018): 756–62. http://dx.doi.org/10.1177/1073110518804237.

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Influenza mandates in health care institutions are recommended by professional associations as an effective way to prevent the contraction of influenza by patients from health care workers. Health care institutions with such mandates must operate within civil rights frameworks. A recent set of cases against health care institutions with influenza mandates reveals the liabilities posed by federal law that protects employees from religious discrimination. This article examines this legal framework and draws important lessons from this litigation for health care institutions. We argue counterintuitively that providing religious exemptions from influenza mandates may expose health care institutions to more liability than not providing a formal exemption.

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Lowther, Jason. "Ivory trade: Policy and law change." Environmental Law Review 20, no. 4 (December 2018): 225–32. http://dx.doi.org/10.1177/1461452918804939.

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Against a backdrop of consistent NGO pressure, countered by an unrelenting and increasingly transnational organised crime-framed poaching effort, the Secretary of State for the Environment Food and Rural Affairs moved to enact legislation which will significantly curtail what remains of the market for ivory products in the UK. The Ivory Bill, at the time of writing going through its parliamentary stages, will sidestep the majority of the current exemptions, premised on the antiquity of a worked item, to the usual prohibition on the trade of raw or worked ivory which owes its existence to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora 1973 (CITES) and the Treaty’s domestic implementing measures. The accelerated illegal killing of charismatic species such as elephants has prompted legal responses at international and local levels in both range and destination-market states. Laws targeting both the supply and demand sides of the trade have been undermined by the trade in antique ivory: a shadow, parallel market of imitation antiques has existed for some time to launder poached ivory through the exemptions to the CITES system. This short article will introduce the mechanics of the Ivory Bill, set in the context of the drivers which have prompted it, and will evaluate its potential contribution to curtailing this destructive trade.

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Ahdar, Rex. "Exemptions for Religion or Conscience under the Canopy of the Rule of Law." Journal of Law, Religion and State 5, no. 3 (November 22, 2017): 185–213. http://dx.doi.org/10.1163/22124810-00503002.

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This essay endeavours to restate the case for the right to freedom of conscience and religion. Specifically, it seeks to make the case for exemptions from the law of the land for religious believers and similarly-situated citizens who hold sincere conscientious beliefs. The rule of law is not something to be ignored, and carving out exemptions for conscience has been criticized as unfair, anomalous, potentially open-ended in scope, and difficult to administer. I attempt to assuage these legitimate concerns by underscoring the importance of the dignity of the individual and the virtue of protecting religious minorities (and dissenters of all stripes), who challenge the conventions of the day. If the default position is the rule of law, believers face an uphill task. Ultimately, only a truly liberal polity can offer protection to what, in every age, is a fragile liberty.

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Underwood, Julie. "Under the Law: Measles outbreaks motivate change." Phi Delta Kappan 101, no. 7 (March 30, 2020): 64–66. http://dx.doi.org/10.1177/0031721720917547.

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In response to recent increases in the number of measles cases, some states have tightened their vaccine requirements for school admission, eliminating religious and personal belief exemptions. Julie Underwood traces the history of vaccination requirements and how the court has ruled on challenges to these requirements, which argue that requiring vaccination violates various individual rights. So far, courts have ruled in favor of vaccination requirements, noting that they are intended to promote the general welfare of all.

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Goettel, Aleksy. "INCOME TAX EXEMPTION FOR SELECTED REVENUES EARNED BY POLICE OFFICERS." PRZEGLĄD POLICYJNY 137, no. 1 (February 4, 2019): 22–37. http://dx.doi.org/10.5604/01.3001.0014.2400.

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Revenues of police offi cers obtained for their service, as in case of other professional groups, are subject to personal income tax. However, this does not change the fact that certain categories of the above benefi ts have been treated favourably in terms of the tax law. By means of the exemptions in question, the tax legislator waives the obligation to pay tax on benefi ts which, due to their specifi c nature (e.g. relating to the specifi c nature of the business relationship, social, family, health or other axiological considerations), should remain free of tax. The important thing is that the analysed tax preferences are differentiated in terms of their legal structure — while some of them cover only cash benefi ts, in some cases they concern benefi ts in kind. In addition, some tax exemptions for police offi cers do not involve waiving the obligation to pay tax of the full amount of income from a particular source, but only a certain part of it. The exemption from income tax for certain categories of benefi ts received by police offi cers has a direct impact on the performance of so-called instrumental duties, in particular the obligation to submit income tax returns.

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Phillips, Alan. "An Introduction to Vaccine Policy and Law in the United States." Homœopathic Links 29, no. 02 (June 2016): 097–100. http://dx.doi.org/10.1055/s-0036-1582470.

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US Vaccine Rights Attorney Alan Phillips briefly reviews vaccine effectiveness historically; then highlights some of the well-documented, systemic corruption in today's health care system generally, and introduces components of vaccine law in the United States, including the federal Vaccine Injury Compensation Program and vaccine exemptions that apply to vaccine mandates in over a dozen different contexts and subcontexts.

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Werner, Philipp. "Fiscal State Aid: On Tax Exemptions and Reimbursement of Taxes." Cambridge Yearbook of European Legal Studies 9 (2007): 481–505. http://dx.doi.org/10.1017/s1528887000002901.

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Fiscal state aid is an important aspect of state aid law. Aid granted though fiscal measures accounted for more than 40 per cent of aid granted in 2003–5. According to a recent study, allegations that fiscal measures constitute illegal aid account for more than 50 per cent of state aid cases before national courts. The European Commission and European as well as national courts are thus increasingly being called upon to consider the extent to which state aid rules apply to fiscal measures.

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Leigh, Ian. "Hatred, Sexual Orientation, Free Speech and Religious Liberty." Ecclesiastical Law Journal 10, no. 3 (August 12, 2008): 337–44. http://dx.doi.org/10.1017/s0956618x08001440.

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In recent years, the clash between supporters of religious liberty and sexual orientation equality legislation has led to repeated battles both in Parliament and the courts. First came the clashes over the scope of exemptions in employment discrimination legislation for religious groups. The UK Regulations dealing with employment discrimination on grounds of sexual orientation give a limited exception for ‘employment for purposes of an organised religion’, which allows an employer to apply a requirement related to sexual orientation to comply with the doctrines of the religion, or to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers. A legal challenge brought to the scope of this exception was unsuccessful but, despite that, the exemption has not averted damaging findings of discrimination against the Church of England. The Bishop of Hereford was held to have discriminated unlawfully in blocking the appointment of a practising homosexual to a youth-officer post within the Church of England. The partial success of religious groups in achieving exemption was followed by defeat in the equivalent regulations dealing with discrimination in goods and services, made under the Equality Act 2006, despite the claims of Catholic adoption agencies that they would rather close than place children with same-sex couples.

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Ferretti, Maria Paola, and Lenka Strnadová. "Rules and Exemptions: The Politics of Difference Within Liberalism." Res Publica 15, no. 3 (August 2009): 213–17. http://dx.doi.org/10.1007/s11158-009-9098-y.

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Stoner,, James R. "Religious Liberty & Common Law: Free Exercise Exemptions & American Courts." Polity 26, no. 1 (September 1993): 1–24. http://dx.doi.org/10.2307/3234993.

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Alshech, Eli. "Islamic Law, Practice, and Legal Doctrine: Exempting the Poor from the Jizya Under the Ayyubids (1171-1250)." Islamic Law and Society 10, no. 3 (2003): 348–75. http://dx.doi.org/10.1163/156851903770227584.

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AbstractMost Sunnī scholars unequivocally exempt poor dhimmīs (mostly Christians and Jews under Muslim rule) from the duty to pay the Qur ān-imposed poll tax. Shāfi ī scholars, however, hold two conflicting opinions, one that exempts the poor and another that does not. This article examines the reality of destitute Jews living in Egypt and Syria under the Ayyubid regime in order to determine which of the two conflicting Shāfi ī rulings was applied in practice. Drawing on Geniza documents and literary sources, I argue that in the Ayyubid period no exemptions were offered to the poor whatsoever. This taxation policy, in my view, may reflect not an arbitrary choice made by local Ayyubid tax officials, but a conscious decision made by the Ayyubid rulers and the leading contemporary Shāfi ī scholars. The Ayyubids most likely appealed to the Shāfi ī religious authorities, pressing them to adopt the more stringent opinion, which would allow authorities to refrain from exempting the poor.

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Berkowitz, Jeremy, and Richard Hynes. "Bankruptcy Exemptions and the Market for Mortgage Loans." Journal of Law and Economics 42, no. 2 (October 1999): 809–30. http://dx.doi.org/10.1086/467443.

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Sponeck, H. C. G. "Sanctions and Humanitarian Exemptions: A Practitioner's Commentary." European Journal of International Law 13, no. 1 (February 1, 2002): 81–87. http://dx.doi.org/10.1093/ejil/13.1.81.

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Gočin, Miljenko, and Sandra Debeljak. "Izuzeća za vozače i vozila – posebice u odnosu na prijevoz putnika na linijskim vožnjama na udaljenosti do 50 kilometara." Zbornik Veleučilišta u Rijeci 6, no. 1 (2018): 155–80. http://dx.doi.org/10.31784/zvr.6.1.13.

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Exemptions from the application of certain provisions on working time, obligatory breaks for mobile workers and recording equipment in road transport applies to certain drivers who operate the excluded categories of vehicles and to vehicles which are partially or entirely exempted from the obligation to install a road vehicle recording device – a tachograph. Through this research, this paper answers the question what exactly the exemptions are, what law sources appertain to these exceptions, whether they apply in practice and what the novelties are in their practical implementation. The paper also explains the legal rules that determine the working hours and obligatory breaks of excluded drivers and how to keep records for such workers and their working hours. At the end of the paper, authors indicate advantages and disadvantages of applying these exemptions for both drivers and employers, and provide a concluding assessment of the benefits of these exemptions, as well as the need for additional interventions through acts, but even more, through practical knowledge of the rights and obligations of drivers and employers in order to overcome the vagueness and insecurities of these major participants in the transport of goods and passengers in road transport.

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B., D. W. "Property Tax Exemptions for Charitable, Benevolent, and Religious Organizations in Virginia." Virginia Law Review 71, no. 4 (May 1985): 601. http://dx.doi.org/10.2307/1073023.

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Kassab, Dina. "Tax Exemptions of Ethical Products Revisited." Environmental and Resource Economics 77, no. 2 (August 14, 2020): 423–47. http://dx.doi.org/10.1007/s10640-020-00502-4.

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