Digital Commons Network^™

Cheer On Separation Of School, Religious Messages, Alan E. Garfield

Alan E Garfield

No abstract provided.

Beyond Incentives: Making Corporate Whistleblowing Moral In The New Era Of Dodd-Frank Act "Bounty Hunting", Matt A. Vega

Matt A Vega

In this article, I examine the SEC's new whistleblower bounty program authorized by the Dodd-Frank Act. Under the program, which went into effect last year, the SEC is required to pay a bounty to whistleblowers who voluntarily provide the agency with "original information" about a potential securities law violation that leads to a successful SEC or "related" enforcement action and that results in monetary sanctions of sufficient size. When the average SEC settlement is over $18.3 million, whistleblowers can expect the average bounty to be well in the range of $2-5 million.

My contention is that this new program is …

Sacred Cows, Holy Wars, Kenneth Lasson

Kenneth Lasson

ED COWS, HOLY WARS Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat By Kenneth Lasson Abstract In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights …

Los "Popol Wuj" Y Sus Epistemologías: Las Diferencias, El Conocimiento Y Los Ciclos Del Infinito, Carlos M. López

Carlos M. López

In this book the author studies one of the documents contained in the Ayer MS 1515, commonly known as the Popol Wuj (or Vuh). This text constitutes a fragmentary but not necessarily coherent corpus of writings, however, it still is a very important piece of the cultural and epistemological discourse of some of the pre-colonial Mesoamerican civilizations. Another important characteristic of this text is the superposition of multiple re-phonetizations and translations to which the text has been subjected. This transforms it into a text written under conditions of coloniality that encompasses several layers of meanings intersected by Western concepts. The …

To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman

Steven J. Heyman

In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq. This decision reinforces a position that has become increasingly prevalent in First Amendment jurisprudence – the view that the state may not regulate public discourse to protect individuals from emotional or dignitary injury. In this Article, I argue that this view is deeply problematic for two reasons: it unduly sacrifices the value of individual personality and it tends to undermine the sphere of public discourse itself by negating the practical and …

The Embodiment Of Tolerance In Discourses And Practices Addressing Cultural Diversity In Schools, The Case Of Cyprus, Nicos Trimikliniotis, Corina Demetriou, Elena Papamichael

Nicos Trimikliniotis

The report examines the processes, methods and Practices of the Cypriot educational system as the

embodiment of tolerance in discourses and practices addressing cultural diversity in schools. These are

mediated by the perceptions of policy makers, the convictions of stakeholders involved in the processes and abilities of and tools made available to educationalists. In examining the nature of the educational system and particularly the way in which the system treats its minoritised individuals and groups, the philosophy which emerges is that of viewing diversity as a disadvantage and a deficiency that needs to be ‘treated’, against a backdrop of essentialising …

Halal Concept According To Abu Mansur Al-Maturidi: A Thematic Study, Noor Jamaliah Ibrahim, Aisyah Abdullah, Zulkifli Mohd Yusoff

Noor Jamaliah Ibrahim

Awareness among Malaysian people towards halal issues is a good sign of holistic development and very beneficial indeed. This awareness should be fostered from a better understanding (true) and comprehensive/worldwide, not just focus on one issue of halal food only, but the scope of halal issues need to be expanded and worldwide, across all aspects of life. Starting from this point, this paper will discuss about the concept of halal according to Abu Mansur alMaturidi, cited from his interpretation’s works known as Ta’wilat Ahl al-Sunnah.

Religion, Religiosity And Depression: Re-Assessing Their Relationship, Maximo Rossi, Shoshana Neuman, Natalia Melgar

Maximo Rossi

We provide evidence on the significant effect of religiosity (measured by attendance to religious services) on reducing depression. In particular, it is found a significant negative effect of religiosity on the probability of being depressed. Findings of previous studies are extended by showing that while the religious denomination seems to have a non-significant effect on the probably of depression, other aspects of religiosity, in particular the religious diversity of the country of residence does affect the prospects of depression. The probability of being depressed is higher, the lower the religious diversity. Other personal socio-economic variables have the expected and documented …

The San Nicandresi Jews: A Brief Bibliographic And Photographic Essay, Michael C. Vocino

michael c vocino

Brief bibliographic, photographic essay on the conversion story of the Southern Italian Jews known as the Jews of San Nicandro.

Religion And The Academy: Report On The Western Conference On British Studies Roundtable, Robert Ellison

Robert Ellison

This article is a report of a roundtable I moderated at the 2006 meeting of the Western Conference on British Studies. It proposes some directions religious studies might take in the 21st century; it is also the first publication to mention of the British Pulpit Online, an emerging digital resource for the study of the sermon from 1688-1901.

The Tractarians' Political Rhetoric, Robert Ellison

Robert Ellison

This article examines the political speaking and writing of John Keble, John Henry Newman, and other leading figures of the Oxford Movement. It argues that while they were essentially conservative in the pulpit, where they spoke as official representatives of the Established Church, they were more critical and outspoken in other works, where they enjoyed more of the freedom afforded to private citizens.

Prophecy And Anti-Popery In Victorian London: John Cumming Reconsidered, Robert Ellison, Carol Herringer

Robert Ellison

John Cumming (1807-1881) was the popular minister of the Crown Court Church of Scotland in London's Covent Garden. This article examines his views on the end times and the Roman Catholic Church, two of the favorite subjects of his preaching.

Squaring God's Books, Timothy J. Burbery

Timothy J. Burbery

The Word and the World, a splendid collection of essays, sheds light on matter of religion-science debate in a fresh, even startling way. Rather than considering how religion in general may have nurtured or hampered the rise of science, this book examines the role of biblical exegesis in the formation of the early scientific method. Featuring twelve essays by a variety of American, English, German, and Swedish thinkers-two teach at Catholic universities, the other ten at secular institutions--The Word and the World is organized around the provocative thesis that the new science and biblical interpretation, "far from being implacable enemies …

A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine

Samuel J. Levine

This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …

Death And Rehabilitation, Meghan J. Ryan

Meghan J. Ryan

While rehabilitation is reemerging as an important penological goal, the Supreme Court is eroding the long-revered divide between capital and non-capital sentences. This raises the question of whether and how rehabilitation applies in the capital context. Courts and scholars have long concluded that it does not—that death is completely irrelevant to rehabilitation. Yet, historically, the death penalty in this country has been imposed in large part to induce the rehabilitation of offenders’ characters. Additionally, there are tales of the worst offenders transforming their characters when they are facing death, and several legal doctrines are based on the idea that death …

Substantive Rights In A Constitutional Technocracy, Abigail Moncrieff

Abigail R. Moncrieff

There are two deep puzzles in American constitutional law, particularly related to individual substantive rights, that have persisted across generations: First, why do courts apply a double standard of judicial review, giving strict scrutiny to noneconomic liberties but mere rational basis review to economic ones? Second, why does American constitutional law take the common law baseline as the free and natural state that needs to be protected? This Article proposes a technocratic vision of substantive rights to explain and justify both of these puzzles. The central idea is that modern substantive rights—the rights to speech, religion, association, reproduction, and parenting—protect …

Household Allocation Of Time And Church Attendance, Corry Azzi, Ronald G. Ehrenberg

Ronald G. Ehrenberg

This paper presents the first systematic attempt by economists to analyze the determinants of individuals' participation in religious activities. A multiperiod utility-maximizing model of household behavior is developed which includes among its implications the shape of a house-hold's life-cycle religious-participation profile and the division of religious participation between husband and wife. The theory is empirically tested using statewide church-membership data and survey data on individuals' frequency of church attendance. The paper concludes by discussing several extensions of the model which lead to additional potentially testable hypotheses.

Household Allocation Of Time And Religiosity: Replication And Extension, Ronald G. Ehrenberg

Ronald G. Ehrenberg

Stephen Long and Russell Settle's (1977) empirical tests of the economic theory of religiosity presented by Corry Azzi and myself (1975) in this Journal tend to be less supportive of our theory than were our original results. As such, I welcome the opportunity to trot out some further replications and extensions that I have conducted and I leave it to the reader to judge the relative merits of the two new contributions.

Preface To Singing In A Strange Land, Nick Salvatore

Nick Salvatore

Salvatore delves into the life of the one of the most influential clergyman in twentieth-century African-American religious life, from his 1915 origins as a poor Mississippi farmboy to his early years as a preacher in Tennessee to his 1950s rise to acclaim in Detroit. Along the way, Franklin's charismatic preaching style revolutionized the sermon yet he was no saint away from the pulpit. His encouragement to proclaim both faith and dignity in the black community helped bolster the civil rights movement.

Religion / State: Where The Separation Lies, Vincent Samar

Vincent J. Samar

The article traces the history of the establishment clause including various court tests that have been used to interpret it, discusses various contemporary justifications for the clause, and culls from those justifications why the “accommodationist” approach sometimes used by the Court must be rejected.

I then introduce the ethical Doctrine of Double Effect to reconsider other tests the Court has applied (total separation, endorsement, neutrality and coercion), ultimately to justify a new neutrality test that provides a clearer understanding of the principles behind non-establishment. I show how the new neutrality test could be used in resolving future cases, for example, …

Leaving The Dale To Be More Fair: On Cls And First Amendment Jurisprudence, Mark Strasser

Mark Strasser

In Christian Legal Society of the University of California, Hastings College of Law v. Martinez, the Supreme Court upheld the Hastings College of Law’s requirement that all recognized student groups have an open membership policy. The decision has been criticized for a variety of reasons, e.g., that the Court conflated the First Amendment tests for speech and association. What has not been adequately explored is the degree to which the Court has modified limited purpose public forum analysis in the university context over the past few decades, resulting in a jurisprudence that is virtually unrecognizable in light of the more …

Taking Religion Out Of Civil Divorce, Julia Halloran Mclaughlin

Julia Halloran McLaughlin

News Value, Islamophobia, Or The First Amendment, Why And How The Philadelphia Inquirer Published The Danish Cartoons, Robert Kahn

Robert Kahn

The typical framing of the United States in the Danish cartoon controversy is driven by the refusal of most papers to republish the cartoons. On this view, American journalists, unlike their European counterparts, focused narrowly on the cartoons' "news value" which--even at the papers that published the cartoons--ruled out the anti-Muslim stereotypes that accompanied the running of the cartoons in Denmark and Europe.

This paper puts this frame to the test by looking at the debate that unfolded after the Philadelphia Inquirer ran the turban cartoon. While editor Amanda Bennett defended her decision as "what newspapers do," a detailed review …

The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum

Ian C Bartrum

This paper explores the scope of independent religious sovereignty in the context of the ministerial exception.

Faith, Politics, And American Culture [Review Of The Books Letter To A Christian Nation, Pity And Politics: The Right-Wing Assault On Religious Freedom, Faith And Politics: How The “Moral Values” Debate Divides America And How To Move Forward Together, The Compassionate Community: Ten Values To Unite America, Righteous: Dispatches From The Evangelical Youth Movement, And Believers: A Journey Into Evangelical America], Nick Salvatore

Nick Salvatore

[Excerpt] In January 2004, before a black church congregation in New Orleans, President George W. Bush commemorated Martin Luther King's birthday with a spirited promotion of his faith-based initiatives. Appropriating the slain Civil Rights leader's profession of faith, Bush proclaimed his ultimate purpose was to change "America one heart, one soul, one conscience at a time." He emphasized voluntary action by citizens (four times he extolled them as "the social entrepreneurs") and he consistency denigrated the role of government but for one critical function: providing "billions of dollars" to faith-based social-service groups. Proclaiming the values of the Christian Bible as …

A Line In The Sand: The Affair Between Henry Ii And Thomas Becket, Deana Perry

Deana Perry

No abstract provided.

Religious Right Versus Government Interest, Alan E. Garfield

Alan E Garfield

No abstract provided.

Why Harlan Fiske Stone (Also) Matters, Eric H. Schepard

Eric H Schepard

Harlan Fiske Stone has been largely overlooked in the recent legal literature even though his legacy should influence how we resolve contemporary legal problems. This article examines Stone’s archived correspondence, his speeches and opinions, and numerous secondary sources to demonstrate why he is more important now than at any time since his death in 1946. As Attorney General from 1924-25, Stone’s decision to prohibit the Bureau of Investigation (BI, today’s FBI) from spying on domestic radicals established a framework that should guide the troublesome relationship between domestic intelligence and law enforcement that reemerged after September 11, 2001. As an Associate …

On The Sacred Power Of Violence, Eric Bain-Selbo

Eric Bain-Selbo

No abstract provided.

Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman Ms., Ahmed Eldakak Mr.

Radwa S Elsaman

The parliamentary elections that followed the Egyptian Revolution witnessed an unprecedented success for Islamists as they secured an overwhelming majority of seats, suggesting that they may intend to amend many laws to bring it in compliance with the Islamic Shari’a. This article addresses legal challenges that will face the new majority if they decide to Islamize laws and regulations related to business and finance. Particularly, the article discusses Islamic money theory, trade, banking systems, consumer protection, insurance, competition, and tax systems. The article analyzes the Egyptian business and finance laws to examine whether they comply with Islamic law. It then …