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2011

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Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett Dec 2011

Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett

NULR Online

No abstract provided.


Sexuality Education, Eva Goldfarb, Norman A. Constantine Dec 2011

Sexuality Education, Eva Goldfarb, Norman A. Constantine

Department of Public Health Scholarship and Creative Works

Sexuality education comprises the lifelong intentional processes by which people learn about themselves and others as sexual, gendered beings from biological, psychological, and sociocultural perspectives. It takes place through a potentially wide range of programs and activities in schools, community settings, religious centers, as well as informally within families, among peers, and through electronic and other media. Sexuality education for adolescents occurs in the context of the biological, cognitive, and social-emotional developmental progressions and issues of adolescence. Formal sexuality education falls into two main categories: behavior change approaches, which are represented by abstinence-only and abstinence-plus models, and healthy sexual development …


Nonbelievers, Nelson Tebbe Sep 2011

Nonbelievers, Nelson Tebbe

Cornell Law Faculty Publications

How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …


Rectitude In International Arbitration, William W. Park Sep 2011

Rectitude In International Arbitration, William W. Park

Faculty Scholarship

Few criteria for evaluating arbitrator independence and impartiality will stay foolproof for long, given how ingenious fools often prove themselves to be. No less than in other areas of the law, elaboration of ethical standards for arbitrators implicates a tension between the transient and the permanent. Conflict-of-interest principles remain most useful if implemented with sensitivity to new trouble spots. Traditional ethical models serve as starting points for evaluating the fitness of those to whom business managers and nations entrust their treasure and their welfare. The constant evolution in expectations by users of the arbitral system call for regular adjustment in …


Spring 2011 Magazine Apr 2011

Spring 2011 Magazine

Ergo

No abstract provided.


February 25, 2011: Is Unitarian Universalism The Answer?, Bruce Ledewitz Feb 2011

February 25, 2011: Is Unitarian Universalism The Answer?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Unitarian Universalism the Answer?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Nonbelievers, Nelson Tebbe Jan 2011

Nonbelievers, Nelson Tebbe

Faculty Scholarship

No abstract provided.


Transforming Students, Transforming Self: The Power Of Teaching Social Justice Struggles In Context, Raquel Aldana Jan 2011

Transforming Students, Transforming Self: The Power Of Teaching Social Justice Struggles In Context, Raquel Aldana

McGeorge School of Law Scholarly Articles

No abstract provided.


Scientific Integrity: The Perils And Promise Of White House Administration, Heidi Kitrosser Jan 2011

Scientific Integrity: The Perils And Promise Of White House Administration, Heidi Kitrosser

Articles

This Article was written for a Fordham Law Review symposium on “Presidential Influence over Administrative Action, Recent Developments.” The Article explores developments in scientific integrity in the first two years of the Obama Administration. Specifically, it looks at the impact of “presidential administration” - that is, of top-down White House directives to administrative agencies - on scientific integrity. I define processes embodying scientific integrity as those designed to enable expert scientific findings to be presented without extra-scientific interference or distortion. Scientific integrity is a subset of information integrity. A system that facilitates information integrity is one that is relatively transparent …


Funding Stem Cell Research: The Convergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone Jan 2011

Funding Stem Cell Research: The Convergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone

Faculty Publications

The controversy over the funding of stem cell research by the federal government is used as a case study for examining how policy choices are made in the field of public bioethics. This article examines the manner in which the decision to fund stem cell research has been influenced by the convergence of evolving scientific knowledge, conflicting religious values, and the role of elected officials in a representative democracy. The article begins by reviewing the current state of scientific knowledge concerning adult stem cells, embryonic stem cells, induced pluripotent stem cells, and the process of direct cell re-programming. Because each …


Winter 2011 Magazine Jan 2011

Winter 2011 Magazine

Ergo

No abstract provided.


Designing Agencies, Jacob Gersen Jan 2011

Designing Agencies, Jacob Gersen

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett Jan 2011

Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett

Faculty Publications

The Hosanna-Tabor case concerns the separation of church and state, an arrangement that is often misunderstood but is nevertheless a critical dimension of the freedom of religion protected by the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism - the project of protecting political freedom by marking boundaries to the power of government - has been assisted by the principled commitment to religious liberty and to church-state separation, correctly understood. A community that respects - as ours does - both the importance of, and the distinction between, the spheres of political and religious …


Phony Originalism And The Establishment Clause, Andrew M. Koppelman Jan 2011

Phony Originalism And The Establishment Clause, Andrew M. Koppelman

Faculty Working Papers

The "originalist" interpretations of the Establishment Clause by Supreme Court Justices William Rehnquist, Antonin Scalia, and Clarence Thomas are remarkably indifferent to the original purposes of that clause. Their arguments are a remarkable congeries of historical error and outright misrepresentation. This is not necessarily a criticism of originalism per se. However, the abuse of originalist scholarship that these judges have practiced raises questions about what originalist scholars are actually accomplishing.


The New American Civil Religion: Lesson For Italy, Andrew Koppelman Jan 2011

The New American Civil Religion: Lesson For Italy, Andrew Koppelman

Faculty Working Papers

American civil religion has been changing, responding to increasing religious plurality by becoming more abstract. The problem of increasing plurality is not only an American one. It is also presented in Italy, where civic identity has been centered around a Catholicism that is no longer universal. Perhaps Italy has, in this respect, an American future.


Between Liberalism And Theocracy, John D. Inazu Jan 2011

Between Liberalism And Theocracy, John D. Inazu

Faculty Scholarship

Our symposium conveners have focused us on “the relationship between liberalism and Christianity and their influence on American constitutionalism.” My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for the relationship between church and state. By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are prone to …


Designing Agencies, Jacob Gersen Jan 2011

Designing Agencies, Jacob Gersen

Public Law and Legal Theory Working Papers

No abstract provided.


The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth Jan 2011

The Challenge And Dilemma Of Charting A Course To Constitutionally Protect The Severely Mentally Ill Capital Defendant From The Death Penalty, Lyn Entzeroth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


William Howard Taft And The Taft Arbitration Treaties, John E. Noyes Jan 2011

William Howard Taft And The Taft Arbitration Treaties, John E. Noyes

Faculty Scholarship

Part I of this Essay explains Taft's interest in international law, placing it in historical context. Part II, outlines key features of the treaties and explores the debate over their ratification. Part III then reflects on the significance of the treaties.


The Forms And Limits Of Religious Accommodation: The Case Of Rluipa, Ira C. Lupu, Robert W. Tuttle Jan 2011

The Forms And Limits Of Religious Accommodation: The Case Of Rluipa, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

This paper, prepared for a Symposium at the Benjamin Cardozo School of Law to mark the 20th anniversary of the Supreme Court’s decision in Employment Division v. Smith, focuses on the constitutionally appropriate forms for, and limits on, government protection of religious freedom. Part I articulates in general terms the primary constitutional strategy of mandatory accommodations – protection of religion and its secular analogues in matters of speech, association, and equality – and the limits on such accommodations, with an emphasis on a jurisdictional limit to the state’s capacity to decide questions of religious significance. Part II extends this concept …