Digital Commons Network^™

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

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 …

The Mediterranean Legacy In The Concept Of Sovereignty: A Case Of Legal And Philosophical Hybridity, Alessio Lo Giudice

Journal of Civil Law Studies

The ideas of centralized political power and monarchy that emerged from the Mediterranean world are among the most important philosophical bases for the concept of sovereignty. My thesis is that the normative idea of an absolute, independent, and exclusive center of power originates in a complex case of philosophical hybridity. It is the outcome of the alternation between the conception of the Sovereign as representing the supreme power (the indirect theory) and the conception of the Sovereign as directly containing that power (the direct theory). The former conception is usually associated with the history of Western political culture and the …

Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino

William & Mary Bill of Rights Journal

Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …

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

Fordham Law Review

No abstract provided.

The Religious Liberty Of Judges, Daniel R. Suhr

William & Mary Bill of Rights Journal

This Article begins by reviewing the government employee line of cases, starting with United Public Workers v. Mitchell in 1947.29 The first section concludes that the modified Pickering balancing test set forth in United States v. National Treasury Employees Union (NTEU) is the appropriate level of scrutiny for judicial conduct rules. The body of this Article reviews ways in which the four canons of the ABA Model Code of Judicial Ethics and official interpretations of and rulings regarding them limit the religious activities of judges. I conclude that numerous applications of the Model Code are unconstitutional infringements on judges’ First …

"Here, The People Rule": A Constitutional Populist Manifesto , Richard D. Parker

Valparaiso University Law Review

No abstract provided.

Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson

BYU Law Review

No abstract provided.

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 …

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. …

Pregnant With Embarrassements: An Incomplete Theory Of The Seventh Amendment, Ian Ayres

Valparaiso University Law Review

No abstract provided.

"Noncoercive" Support For Religion: Another False Claim About The Establishment Clause, Douglas Laycock

Valparaiso University Law Review

No abstract provided.

The Public Life Of The Virtual Self, Ari E. Waldman

Ari E Waldman

While the Internet has changed dramatically since the early 1990s, the legal regime governing online speech and liability is still steeped in an early myth of the Internet user, completely hidden from other Internet users, in total control of his online experience and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility and radical individuation online, allowing hate and harassment to run wild. I argue that the myth of the online anonym is not only false as a matter of technology, but also inaccurate – …

Sacred Disputes? On The Ministerial Exception And The Constitution, Mark Strasser

Mark Strasser

Federal courts have long been hearing church disputes, for example, concerning conflicting claims regarding the rightful possession and use of church property. However, there is no clear understanding concerning the contours of the constitutional limitations on the courts when one of the parties in interest is a religious organization. The conflicting jurisprudence may be clarified in the 2011-2012 term when the Court hears and decides Hosanna–Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, although there is reason to be pessimistic that this will happen. This article lays out the relevant jurisprudence as presented by the United States …

Symposium: Mission Of A Church-Related Law School - The Fundamentalist Tradition, John Eidsmoe

Valparaiso University Law Review

No abstract provided.

Review Essay - The Consumption Of History In The Legal Academy: Science And Synthesis, Perils And Prospects, Christopher Tomlins

Journal of Legal Education

No abstract provided.

Representative Self-Government And The Declaration Of Independence, Alexander Tsesis

Alexander Tsesis

Legal scholars typically treat the Declaration of Independence as a purely historical document, but as this article explains, the Declaration is relevant to legislative and judicial decisionmaking. After describing why this founding document contains legal significance, I examine two contemporary legal issues through the lens of the Declaration’s prescriptions.

Section 5 of the Fourteenth Amendment grants Congress the power to make laws that enforce the civil rights clauses in the amendment’s first four sections. In City of Boerne v. Flores and its progeny, however, the Supreme Court decided that it alone can identify fundamental rights and relegated Congress’s power under …

An Examination Of Religious Tax Exemption Policy Under Section 501(C)(3) Internal Revenue Code, Paul H.K. Hageman

Valparaiso University Law Review

No abstract provided.

Socialized Religion: California's Public Trust Theory, Morton B. Jackson

Valparaiso University Law Review

No abstract provided.

State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck

Valparaiso University Law Review

No abstract provided.

Diplomatic Relations Between The United States And The Holy See: Another Brick From The Wall, Mark Thomas Van Der Molen

Valparaiso University Law Review

No abstract provided.

Equality As A Fundamental Value In The Indiana Constitution, Michael John Deboer

Valparaiso University Law Review

No abstract provided.

Spring 2011 Magazine

Ergo

No abstract provided.

Religion And Law, John Laws

South Carolina Law Review

No abstract provided.

Life, Death & The God Complex: The Effectiveness Of Incorporating Religion-Based Arguments Into The Pro-Choice Perspective On Abortion, Stacy A. Scaldo

Stacy A Scaldo

While speaking on the issue of healthcare in August of 2009, President Barrack Obama told a meeting of Jewish rabbis, “We are God’s partners in matters of life and death.” While the President’s message was expressly targeting choices in healthcare and end of life decisions, the statement is representative of a shift in the public rhetoric reflective of all matters concerning life - including abortion. This, indeed, would be a remarkable change in both express policy and argument identification – one that appears to be a new weapon in the arsenal of those who identify themselves with the pro-choice movement. …

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

Faculty Scholarship

No abstract provided.

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

Global Business & Development Law Journal

No abstract provided.

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

McGeorge School of Law Scholarly Articles

No abstract provided.

Between Liberalism And Theocracy, John D. Inazu

Campbell Law Review

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 navigating the relationship between church and state.' By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), I 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 …