Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (24)
- Religion Law (16)
- Social and Behavioral Sciences (12)
- Leadership Studies (6)
- Legal Studies (5)
-
- Legal Theory (5)
- Arts and Humanities (4)
- First Amendment (4)
- Constitutional Law (3)
- Ethics and Political Philosophy (3)
- Philosophy (3)
- Jurisprudence (2)
- Public Law and Legal Theory (2)
- Africana Studies (1)
- Architectural History and Criticism (1)
- Architecture (1)
- Courts (1)
- Feminist, Gender, and Sexuality Studies (1)
- Human Rights Law (1)
- Law and Philosophy (1)
- Medicine and Health Sciences (1)
- Nursing (1)
- Other Feminist, Gender, and Sexuality Studies (1)
- Peace and Conflict Studies (1)
- Public Affairs, Public Policy and Public Administration (1)
- Race, Ethnicity and Post-Colonial Studies (1)
- Urban, Community and Regional Planning (1)
- Women's Studies (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 32
Full-Text Articles in Entire DC Network
“Zoning” Matters: Rluipa And The New Normal Of Religious Discrimination, Michael Allan Wolf
“Zoning” Matters: Rluipa And The New Normal Of Religious Discrimination, Michael Allan Wolf
San Diego Law Review
The protection of religious freedom under federal law waxes and wanes, depending on two unpredictable factors: judicial activism and congressional action. A review of dozens of cases involving alleged violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), including two recent cases heard by the Supreme Court and the Fourth Circuit, reveals for the first time that many litigants and judges have ignored the congressional injunction to limit the reach of RLUIPA to two (and only two) forms of land-use regulation: zoning and landmarking. Plaintiffs have instead used RLUIPA to challenge water and sewer, septic, fire prevention, building, …
Urban Contacts: Orientalist Urban Planning And Le Corbusier In French Colonial Algiers, Delaney Tax
Urban Contacts: Orientalist Urban Planning And Le Corbusier In French Colonial Algiers, Delaney Tax
Copley Library Undergraduate Research Awards
Algiers, the first French colony in Africa, was conquered in 1830 and gained independence in 1962. During this period, Algiers was constructed into an Orientalist acting ground that was shaped through political, social, economic formations in the built environment. The French colonial fascination with Algiers centered around the casbah, and thus the casbah became a laboratory for ethnographic and urban reflections. The French process of urban planning included military intervention, preservation motivated by exoticism and museology, and superstructure master plans dictated by the present benefit of indigenous communities to the colonial regime. Le Corbusier’s contact with Algiers further expresses the …
Where's The Beef?, Stanley Fish
Where's The Beef?, Stanley Fish
San Diego Law Review
A key concern of the papers written for this conference is the relationship between religious beliefs and secular beliefs of the kind that carry with them deep ethical obligations. Are these systems of belief essentially the same or are they different in important respects? The question is typically posed abstractly, and I thought it might be useful to have before us an example of religious belief and the demands that attend it. The example is taken from the beginning of John Bunyan’s The Pilgrim’s Progress. Christian, Bunyan’s protagonist, has suddenly become aware that his salvation is imperiled, and he is …
Religion And Insularity: Brian Leiter On Accommodating Religion, Christopher J. Eberle
Religion And Insularity: Brian Leiter On Accommodating Religion, Christopher J. Eberle
San Diego Law Review
Crucial to Leiter’s overall case is the claim that there is no credible reason to accommodate religious objectors but not secular objectors: “[N]o one has been able to articulate a credible principled argument . . . that would explain why . . . we ought to accord special legal and moral treatment to religious practices.” He reaches this skeptical conclusion, in significant part, because he takes religion to be afflicted with a troubling defect, that is, religion involves commitment to categorical demands that are insulated from scientific and commonsensical scrutiny. But, I will argue, there is no good reason to …
Why Distinguish Religion, Legally Speaking?, Winnifred Fallers Sullivan
Why Distinguish Religion, Legally Speaking?, Winnifred Fallers Sullivan
San Diego Law Review
Law professors commonly answer this critique by scholars of religion, as Andrew Koppelman does, with the comment that, after all, any ambiguity in definition only arises in a few cases. Most of the time the reference is obvious, he says. Moreover, he insists, it has worked fine for all those for whom it should work. But that is the problem—its very obviousness. The problems of exclusion are largely invisible. The reference is so obvious to many and so obviously inclusive of those who are deserving that there is no way to have a conversation about it without the conversation devolving …
How Much Autonomy Do You Want?, Maimon Schwarzschild
How Much Autonomy Do You Want?, Maimon Schwarzschild
San Diego Law Review
At root, the questions of special accommodation and religious adjudicatory independence arise most urgently when a government grows in its reach and ambition. After all, if most areas of life, including those that touch on religious life, are left to people’s private arrangement, then not much special accommodation will be necessary. But when government takes control over more and more areas of life, regulating who shall do what and under what rules and conditions, then clashes with one or another religious way of life are almost inevitable. The dispute over government mandates to provide abortive drugs and contraception, in the …
Religion, Conscience, And The Case For Accommodation, William A. Galston
Religion, Conscience, And The Case For Accommodation, William A. Galston
San Diego Law Review
I do not believe that religion is an obsolete constitutional category. But I do believe that the holdings in United States v. Seeger and Welsh v. United States, the Vietnam-era draft cases that extended conscientious objector status to individuals invoking nonreligious claims, were correct. Can I consistently embrace both propositions? I think I can. My argument, in brief, is that religion is indeed special. But when we understand what it is about religion that warrants both distinctive privileges and distinctive burdens, we will see that some other systems of belief track these features of religion closely enough to warrant comparable …
Religion, Meaning, Truth, Life, Frederick Mark Gedicks
Religion, Meaning, Truth, Life, Frederick Mark Gedicks
San Diego Law Review
I am a believer, yet I will also say that it is simply not correct that only religion can offer deep meaning to life, and I can say this out of my own experience. Ordinary activities can be crucial to the meaning of one’s life, whether or not they are experienced or defined as “religious.” Though not all such activities are as morally serious as religious belief and practice, some are, and they are surely not “nihilistic” or “nothing” because they lack the character of transcendent religious truth.
“Religion” As A Bundle Of Legal Proxies: Reply To Micah Schwartzman, Andrew Koppelman
“Religion” As A Bundle Of Legal Proxies: Reply To Micah Schwartzman, Andrew Koppelman
San Diego Law Review
The debate among legal scholars about whether religion is special is chronically confused by the scholars’ failure to grasp a point familiar in the academic study of religion: “religion” is a label for something that has no ontological reality. Religion has no essence. If it has a determinate meaning, it is simply because there is a settled and familiar practice of applying the label of religion in predictable ways. The question of religious accommodation arises in cases where a law can allow some exceptions. Many laws, such as military conscription, taxes, environmental regulations, and antidiscrimination laws, will accomplish their ends …
Religion As A Legal Proxy, Micah Schwartzman
Religion As A Legal Proxy, Micah Schwartzman
San Diego Law Review
In what follows, after briefly summarizing Koppelman’s position, I argue that his view is vulnerable to the charge that using religion as a legal proxy is unfair to those with comparable, but otherwise secular, ethical and moral convictions. Koppelman has, of course, anticipated this objection, but his responses are either ambivalent or insufficient to overcome it. The case for adopting religion as a proxy turns partly on arguments against other potential candidates. In particular, Koppelman rejects the freedom of conscience as a possible substitute. But even if he is right that its coverage is not fully extensive with the category …
Prediction Theories Of Law And The Internal Point Of View, Michael S. Green
Prediction Theories Of Law And The Internal Point Of View, Michael S. Green
San Diego Law Review
In my remarks here, I will try to defend Claus’s iconoclastic tone by identifying the important difference between prediction theories of law and Hart’s. I start with a number of distinctions. By a prediction theory of law I mean a theory under which a statement about the law, such as “The Securities Exchange Act is valid law,” is a prediction of the behavior and attitudes of people in a community. In addition to offering this theory, Claus tacks on what I will call a prediction theory of lawmaking, under which the words uttered or written by lawmakers are themselves essentially …
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
San Diego Law Review
So these are some reasons why political theory might dictate that religious dissenters be accommodated even though, by enacting the laws to which the dissenters object, government indicates that it believes the dissenters err. If political theory justifies religious accommodations, however, then when government acts on the basis of political theory, is it establishing a religion? Bill argues, in support of Seeger, that claims of conscience derived from moral theory can qualify for accommodations under the Free Exercise Clause. But the two religion clauses in the Constitution use the noun “religion” only once. So if claims of conscience derived from …
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
Faculty Scholarship
No abstract provided.
To Seek And Save The Lost: Human Trafficking And Salvation Schemas Among American Evangelicals, Austin Choi-Fitzpatrick
To Seek And Save The Lost: Human Trafficking And Salvation Schemas Among American Evangelicals, Austin Choi-Fitzpatrick
School of Peace Studies: Faculty Scholarship
American evangelicals have a history of engagement in social issues in general and anti-slavery activism in particular. The last 10 years have seen an increase in both scholarly attention to evangelicalism and evangelical focus on contemporary forms of slavery. Extant literature on this engagement often lacks the voices of evangelicals themselves. This study begins to fill this gap through a qualitative exploration of how evangelical and mainline churchgoers conceptualize both the issue of human trafficking and possible solutions. I extend Michael Young's recent work on the confessional schema motivating evangelical abolitionists in the 1830s. Through analysis of open-ended responses to …
A Tale Of Two Schools: The Spiritual Development Of Leaders In Protestant Seminaries, Patricia A. Rhodes Phd
A Tale Of Two Schools: The Spiritual Development Of Leaders In Protestant Seminaries, Patricia A. Rhodes Phd
Dissertations
Scholars and practitioners increasingly consider the spiritual development of leaders to be essential, not only for individual well-being, but that of the culture at large. This is particularly important for clergy, a profession centered on spiritual leadership. While the institutions in which most Protestant ministers pursue training have historically privileged scholarship over spirituality, this has changed substantially since the Association of Theological Schools (ATS) added spiritual development of students to its accreditation standards in 1992. Since then, seminaries have sought to comply in various ways. This study explored two Protestant seminaries, addressing these questions: (a) what is the process seminaries …
Quality Of Life, Religious/Spiritual Coping, Demoralization And Depression In Heart Failure Patients, Terry Larsen Phd, Rn, Cns
Quality Of Life, Religious/Spiritual Coping, Demoralization And Depression In Heart Failure Patients, Terry Larsen Phd, Rn, Cns
Dissertations
Background: Research suggests that the heart failure (HF) population is particularly vulnerable to depression. Other factors may also affect quality of life such as religious/spiritual coping, and demoralization. Purpose: The purpose of this descriptive correlational study was to examine factors that predict health-related quality of life (HRQoL) in adults with heart failure. Specific Aims: (1) to examine level of religious/spiritual coping, spiritual distress, demoralization, depression and HRQoL among adults with heart failure; (2) to examine the relationships of religious/spiritual coping, spiritual distress demoralization, depression and selected demographic variables (age, gender, race/ethnicity and length of living with HF) with HRQoL. Methods: …
Congregation Activism In The Community: A Study Of Faith-Based Leadership, Jensen Harry Shirley Edd
Congregation Activism In The Community: A Study Of Faith-Based Leadership, Jensen Harry Shirley Edd
Dissertations
Policymakers have acted as if the federal government was the prime mover in developing and supporting American communities with significant needs. That assumption is now being challenged not only by politicians who recommend funding faith-based initiatives, but also by scholars who make the case for giving the nation's churches a central role in tackling community problems, including problems associated with poverty (Boddie, 2003). These scholars point out that, with over 300,000 congregations in America, faith-based organizations are strategically located in the community to address community needs (Boddie, 2003). As government services devolve to the community level, these scholars argue, congregations …
Experiences Of Sacramental Marriage, James Patrick O'Brien Edd
Experiences Of Sacramental Marriage, James Patrick O'Brien Edd
Dissertations
This study interprets the stories told by eight couples about their experiences approaching marriage as a religious sacrament. The eight couples represented a purposeful sample selected using the following criteria: (a) They self-identified as having a sacramental marriage within the Roman Catholic tradition; (b) they appeared to be information rich sources who could provide an emic, i.e., an insider, view of the sacramental marriage experience; (c) they participated in the Catholic Cursillo movement; (d) they engaged in observable religious practices; and (e) they parented children. Research methods included guided conversation, participant observation, and a timeline activity that asked participants to …
Acts 2:42 In 2006: Examining Small Group Discussion In An American Mega-Church, Sheri Guseman Edd
Acts 2:42 In 2006: Examining Small Group Discussion In An American Mega-Church, Sheri Guseman Edd
Dissertations
During the last century, Americans have become increasingly isolated from one another, resulting in feelings of loneliness and creating a void of community (Frazee, 2001). However, as attendance at mainline churches continues to decline (Stafford, 1998), attendance and participation in mega-churches, defined as those serving more than 2,500 individuals and offering a multiplicity of services, continues to increase (http://www.hirr.hartsem.edu/org ). One popular explanation for this phenomenon is that mega-churches are often characterized by an organized small group ministry---something absent in more traditional churches. Although this trend has clearly swept the nation (Gladwell, 2005), related research on the efficacy of the …
Justice Douglas, Justice O'Connor, And George Orwell: Does The Constitution Compel Us To Disown Our Past, Steven D. Smith
Justice Douglas, Justice O'Connor, And George Orwell: Does The Constitution Compel Us To Disown Our Past, Steven D. Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Justice William O. Douglas's majority opinion in Zorach v. Clauson famously asserted that "[w]e are a religious people whose institutions presuppose a Supreme Being." What did Douglas mean, and was he right? More recently, in cases involving the Ten Commandments, the Pledge of Allegiance and other public expressions and symbols, the Supreme Court has said that the Constitution prohibits government from endorsing religion. Can Douglas's "Supreme Being" assertion be reconciled with the "no endorsement" prohibition? And does the more modern doctrine demand that we forget, falsify, or forswear our pervasively religious political heritage? This essay, presented as the William O. …
The Iceberg Of Religious Freedom: Subsurface Levels Of Nonestablishment Discourse, Steven Douglas Smith
The Iceberg Of Religious Freedom: Subsurface Levels Of Nonestablishment Discourse, Steven Douglas Smith
University of San Diego Public Law and Legal Theory Research Paper Series
This article discusses three levels of disagreement in establishment clause discourse– or what may be called the “lawyerly,” the “constitutive” (or “culture wars”), and the “philosophical” (or perhaps the “theological”) levels. Disagreement at the first of these levels is everywhere apparent in the way lawyers and justices and scholars write and argue; disagreement at the second level is somewhat less obtrusive but still easily discernible; disagreement at the third level is almost wholly beneath the surface. The manifest indeterminacy of lawyerly arguments suggests that in this area, premises are more likely to be derived from favored conclusions, not the other …
Nonestablishment Under God? The Nonsectarian Principle, Steven Douglas Smith
Nonestablishment Under God? The Nonsectarian Principle, Steven Douglas Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Using as a point of reference the Ninth Circuit's assertion in Newdow v. United States Congress that "[a] profession that we are a nation "under God" is identical, for Establishment Clause purposes, to a profession that we are a nation "under Jesus," a nation "under Vishnu," a nation "under Zeus," or a nation "under no god," this essay attempts to disentangle three themes that the modern discourse of religious freedom often conflates, with baneful effect. We can call these the "public secularism" principle, the "neutrality" principle, and the "nonsectarian principle." The essay argues that the first two of these principles …
The Pluralist Predicament: Contemporary Theorizing In The Law Of Religious Freedom, Steven Douglas Smith
The Pluralist Predicament: Contemporary Theorizing In The Law Of Religious Freedom, Steven Douglas Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Religious pluralism is at once the cause of and a substantial impediment to theorizing about religious freedom. The purpose of theorizing in law is typically to impose order on an unruly collection of phenomena - of seemingly conflicting decisions, or doctrines, or legal arguments - and to do so by articulating and elaborating the foundational truths that govern the subject in question. In a condition of religious pluralism, however, theorists typically suppose that it is impermissible to appeal to contested religious beliefs. But these are the very beliefs that would provide the natural foundations for thinking about the proper relation …
“God Told Me To Kill”: Religion Or Delusion?, Grant M. Morris, Ansar Haroun
“God Told Me To Kill”: Religion Or Delusion?, Grant M. Morris, Ansar Haroun
San Diego Law Review
This Article explores how, in assessing the motivation of those who kill because they believe they were directed by God to do so, society distinguishes religious-based decisions from delusional decisions that result from mental disorder. Part II discusses how religion is defined in our society, and Part III considers the extent to which religious conduct, as opposed to religious belief, is protected from governmental intrusion.
An Analysis Of The Pedagogical Methods Of Hindu Gurus, Pearl Anjanee Gyan Edd
An Analysis Of The Pedagogical Methods Of Hindu Gurus, Pearl Anjanee Gyan Edd
Dissertations
The purpose of this study was to explore the pedagogical methods of Hindu gurus that could be applicable to elementary school teaching for the inner development of students. With severe cutbacks to classroom instruction and demands by economic, political, and educational leaders for education to produce a highly skilled work force for the future of the economy, teachers are forced to use precision teaching for measurable learning. The review of the literature in this study presented a historiography of Western pedagogical methods. It showed how Western teaching methods have been defined by the seventeenth-century Newtonian objectivistic-reductionistic-mechanistic paradigm and later enforced …
Experiences Of Moral Commitment: A Phenomenological Study, Suzanne West Macrenato Edd
Experiences Of Moral Commitment: A Phenomenological Study, Suzanne West Macrenato Edd
Dissertations
This study's purpose was to increase understanding and meaning of the lived experience of moral commitment as practiced by participants at the time of the study, not in retrospective. Phenomenology was the research methodology selected to elicit participants' understanding of moral commitment through in-depth interviews. Study participants were referred using selection criteria which included: demonstration of sustained selfless service to others outside of one's work life and a demonstrated tendency to inspire others to engage in similar service. The four women and six men in the study, ranging from 33 to 78 years of age, represented blue-collar and professional occupations. …
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
San Diego Law Review
This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
San Diego Law Review
This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.
The Pope's Submarine, John H. Garvey
The Pope's Submarine, John H. Garvey
San Diego Law Review
This Article looks at the conflict between religious authority and liberal politics from a point of view within the Catholic Church. It examines the grounds of the teaching authority asserted by the Church, the scope and strength of that authority, and the possibility that obedience to authority will create dilemmas for religiously committed public officials. For purposes of illustration it uses New York Governor Mario Cuomo's religious and political observations on the subject of abortion.
The Place Of Religious Argument In A Free And Democratic Society, Robert Audi
The Place Of Religious Argument In A Free And Democratic Society, Robert Audi
San Diego Law Review
This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …