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Pax Yearbook 2006, Subiaco Abbey And Academy

The Pax, 1927; 1946-2020

Yearbook of Subiaco Abbey and Academy for the 2005-2006 school year.

“The Rest Of The (Christmas) Story”, Scott R. Paeth

Scott R. Paeth

No abstract provided.

David, Patricia, Bronx African American History Project

Oral Histories

Interviewers: Mark Naison and Natasha Lightfoot

Interviewee: Patricia David

Summarized by Leigh Waterbury

Patricia David was born inBirmingham,Englandin 1959. Her parents were both born inDominicain the French West Indies and immigrated toEngland. After Patricia was born her father came alone to theUnited Statesand lived inQueens. He then became a superintendent of a building in theSouth Bronxand then Patricia and her siblings moved along with their mother into the ground floor apartment onTremont Avenue. Her mother basically took over superintendent duties so that her father could work to provide extra income. Many of the other apartments in the building were occupied …

Privilege Through Prayer: Examining Bible-Based Prison Rehabilitation Programs Under The Establishment Clause, Nathaniel J. Odle

ExpressO

In early June of 2006, an Iowa federal judge found a publicly-funded prison ministry to be in violation of the Establishment Clause and ordered it stopped. The program in question, the InnerChange Freedom Initiative, conceived and maintained by Prison Fellowship Ministries, utilized an overtly Christian model to rehabilitate inmates through spiritual and moral regeneration. In the eyes of the court, the failure of the state of Iowa to provide a reasonable secular alternative had the primary effect of advancing religion and fostered excessive governmental entanglement under a traditional Lemon analysis. Equally important in the court’s decision was the lack of …

San Francesco D'Assisi E Santa Caterina Da Siena. La Loro Influenza Sulla Letteratura, La Cultura, La Religione E L'Arte Italiana Dei Primordi, Ann-Frances Hamill

Master's Theses, Dissertations, Graduate Research and Major Papers Overview

Examines the works and thoughts of two Italian saints: Saint Francis of Assisi (1181-1226) and Saint Catherine of Siena (1347-1380). Explores the common ideological denominator in the works of these major figures and analyzes their impact on Italian society and culture.

Teilhard And The Future Of Humanity, Thierry Meynard, S.J.

Religion

Fifty years after his death, the thought of the French scientist and Jesuit Pierre Teilhard de Chardin (1881–1955) continues to inspire new ways of understanding humanity’s future. Trained as a paleontologist and philosopher, Teilhard was an innovative synthesizer of science and religion, developing an idea of evolution as an unfolding of material and mental worlds into an integrated, holistic universe at what he called the Omega Point. His books, such as the bestselling The Phenomenon of Man, have influenced generations of ecologists, environmentalists, planners, and others concerned with the fate of the earth.

This book brings together original essays …

Fritz Eichenberg's Saint Francis: Showing Humanity's Duality, Sarina Wyant

Technical Services Department Faculty Publications

Through his visual storytelling in the St. Francis engravings, Eichenberg expresses with grace and power the duality of our humanity.

The Use Of Religion In Death Penalty Sentencing Trials, Monica Miller, Brian H. Bornstein

Department of Psychology: Faculty Publications

Both prosecutors and defense attorneys have presented religious appeals and testimony about a defendant’s religious activities in order to influence capital jurors’ sentencing. Courts that have objected to this use of religion fear that religion will improperly influence jurors’ decisions and interfere with their ability to weigh aggravators and mitigators. This study investigated the effects of both prosecution and defense appeals. Prosecution appeals did not affect verdict decisions; however, use of religion by the defense affected both verdicts and the weighing of aggravators and mitigators. These results could be due to differences in perceived sincerity and remorse that are conveyed …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Uncivil Religion: "Judeo-Christianity" And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix

ExpressO

In the recent Decalogue Cases, Justice Scalia argued that when it comes to “public acknowledgment of religious belief, it is entirely clear from our Nation's historical practices that the Establishment Clause permits th[e] disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.” Justice Scalia's argument represents the latest attempt to insulate American civil religion from Establishment Clause attack. A “civil religion” is a set of nondenominational values, symbols, rituals, and assumptions which create both reverence of national history and formation of a communal national bond. The most recent incarnation of American civil …

The Daily Gamecock, Tuesday, October 3, 2006, University Of South Carolina, Office Of Student Media

October

No abstract provided.

The Future Of Apologies, Aaron Lazare

New England Journal of Public Policy

Aaron Lazare spoke on the topic of apologies at the inauguration of Chancellor Michael Collins at the University of Massachusetts Boston. This text is taken from Lazare’s 2004 book On Apology published by Oxford University Press and reprinted here with permission.

The Freedom To Manifest Religious Belief: An Analysis Of The Necessity Clauses Of The Iccpr And The Echr, M. Todd Parker

Duke Journal of Comparative & International Law

No abstract provided.

The City Of God And The Cities Of Men: A Response To Jason Carter, Randy Beck

Scholarly Works

Law school seminars sometimes educate the professor as much as the students. That proved true for me in the spring of 2004, when seventeen law students and two colleagues from other departments joined me for a seminar focused on ancient and contemporary perspectives on law found within various Christian theological traditions. One seminar student who repeatedly spurred my own thinking was Jason Carter. Particularly thought provoking was the paper Jason presented in the final weeks of the seminar.

The returns from the 2004 election suggested that Jason had been unusually prescient in his analysis of U.S. religious and political trends. …

Legal Consciousness And Contractual Obligations, Kojo Yelpaala

ExpressO

The Article on “Legal Consciousness and Contractual Obligations” will explore and offer an explanation of the origins of the moral foundations for contractual obligations beyond conventional analysis. Building on themes and threads across many disciplines and theories, it seeks to identify and locate certain unities and common elements that explain human consciousness in exchange relations across cultures. The term contract is used in its non-technical and most inclusive sense to cover agreements, promises, undertakings and other forms of consensus whether or not supported by consideration. Viewed within this broad conceptual framework, where do human beings get the idea that they …

Undoing The Native American Graves And Repartriation Act, Lori N. Wight

ExpressO

No abstract provided.

Legal Pluralism & Women's Rights: A Study In Post-Colonial Tanzania, Edward R. Fluet, Mark J. Calaguas, Cristina M. Drost

ExpressO

Recognizing a dearth of legal research on Zanzibar, the authors explore the complex legal and cultural landscape of this archipelago and its relationship to mainland Tanzania. The article discusses the problems that arise when multicultural societies adopt a pluralist system of justice in order to preserve the traditions of its diverse communities. Although the article focuses on Tanzania, the problems that arise from multicultural accommodations affect not only young, postcolonial nations in Africa and Asia, but also individuals in cosmopolitan, economically-developed countries such as Israel and the United States. As countries wrestle with ever diversifying ethnic and religious populations, such …

Demographic Change And Response: Social Context And The Practice Of Birth Control In Six Countries, Sangeeta Parashar, Harriet B. Presser, Megan L. Klein Hattori, Sara Raley, Zhihong Sa

Department of Sociology Faculty Scholarship and Creative Works

This paper expands on Kingsley Davis’s demographic thesis of change and re- sponse. Specifically, we consider the social context that accounts for the primacy of particular birth control methods that bring about fertility change during specific time periods. We examine the relevance of state policy (including national family planning programs), the international population establishment, the medical profession, organized religion, and women’s groups using case studies from Japan, Russia, Puerto Rico, China, India, and Cameroon. Some of these countries are undergoing the second demographic transition, others the first. Despite variations in context, heavy reliance on sterilization and/or abortion as a means …

Indoctrination, Diversity, And Teaching About Spirituality And Religion In The Workplace, Donald W. Mccormmick

Organization Management Journal

The author reflects on his experience and discusses problems in teaching a course about spirituality and religion in the workplace. Sometimes indoctrination happens when professors treat their own spiritual ideology as the truth, or they require students to engage in religious practices in class. Indoctrination is teaching people “to accept a system of thought uncritically.” The management education literature has little to say about indoctrination. Indoctrination can be avoided by (1) ensuring informed consent, (2) designing learning activities for students from all spiritual perspectives, (3) teaching about the topic (instead of taking the “how to” approach), (4) presenting diverse spiritual …

Why Guru Nanak Is Another Nail In The Coffin Of West Coast Hotel V. Parrish, John H. Ryskamp

ExpressO

In Guru Nanak v. Sutter, the Ninth Circuit upheld RLUIPA by accepting its conflation of "individualized assessments" and "substantial burden." Although RLUIPA involved a misreading of Oregon v. Smith, it was a misreading the Ninth Circuit adopted. The question is, why did Sutter counsel allow the misreading of Smith, especially since Smith lost? It is because, in general, the American bar has failed to see that there has been a substantial corrosion of the scrutiny regime established by West Coast Hotel v. Parrish. They are in denial: they can't believe that the scrutiny regime could ever fall. And yet, the …

Varied Carols: Legislative Prayer In A Pluralist Polity, Robert J. Delahunty

ExpressO

The article grows out of my research in writing an amicus brief for a group of distinguished theologians and religious scholars in Hinrichs v. Bosma, a case currently pending before the Seventh Circuit. That litigation involves a challenge to the practice of the Indiana House of Representatives of inviting chaplains of various faiths to lead the House in prayer before the start of each day’s official business. The trial court interpreted the Supreme Court’s 1983 decision, Marsh v. Chambers, to prohibit “sectarian” legislative prayer, and accordingly enjoined the Indiana House’s chaplains from invoking the name of Jesus, or otherwise praying …

Liberalism And Religion, Steven H. Shiffrin

ExpressO

No abstract provided.

For A New Order In The Court, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendents, S. Alan Ray

ExpressO

The Cherokee Nation today faces the challenge of determining its citizenship criteria in the context of race. The article focuses on the Cherokee Freedmen. As former slaves of Cherokee citizens, the Freedmen were adopted into the Cherokee Nation after the Civil War pursuant to a treaty with the United States, and given unqualified rights of citizenship. The incorporation of the Freedmen into the tribe was resisted from the start, and now, faced with a decision of the Cherokee Nation’s highest court affirming the descendents’ citizenship rights, the Nation prepares to vote on a constitutional amendment which would impose an Indian …

Why Don’T More Public Schools Teach Sex Education? A Constitutional Explanation And Critique, Jesse R. Merriam

ExpressO

This Article questions why so many public schools do not teach any form of sex education. The answer proposed in this Article is that the U.S. Constitution is a part of the problem. This claim is based on the following two premises: (1) the U.S. Constitution certainly does not require public schools to teach sex education; and (2) the U.S. Constitution arguably requires public schools that teach sex education to exempt those students whose religious beliefs are substantially burdened by sex education.

To illustrate how these two premises might weigh in a school district’s decision not to teach sex education, …

Religion And Family Relational Health: An Overview And Conceptual Model, Loren Marks

Faculty Publications

This paper presents a review of research addressing religion and family relational health. Strengths of the extant data include the correlation of three dimensions of religious experience (religious practices, religious beliefs, and religious community) with certain aspects of mother–child, father–child, and marital relationships and specific connections between the three dimensions of religious experience and family relationships are identified. Key weaknesses in the research at present include a paucity of research examining the hows, whys, and processes involved behind identified religion–family correlations and a lack of data on non-nuclear families, families of color, interfaith families, and non-Christian religions including Judaism and …

Our Sovereign Body: Narrating The Fiction Of Sovereign Immunity In The Supreme Court: Part I-A English Stories, Marc L. Roark

ExpressO

This is part I-A of a Book I am working towards on the narratives and fictions of sovereign immunity. The goal in this part is to look before the American republic and towards the background in which American Sovereignty came to be shaped by -- the feudal notion of the sovereign; the Lockean response, and the Blackstonean doctrine. The first part looks at the legal fictions surrounding the kingship, their sources and their effects. The Second part looks to the specific ways of treating the sovereign in law, namely viewing King as Property owner or patriarch, Trustee, and Constitution.

Our Sovereign Body: Narrating The Fiction Of Sovereign Immunity In The Supreme Court, Marc L. Roark

ExpressO

This is the introduction to a book I am preparing on the Normative and Narrative aspects of the U.S. Sovereign Immunity Doctrine. The introduction sets up the problem of a doctrine that is not exactly coherent with the national narrative.

A Queer Miracle In Georgia: The Origins Of Gay-Affirming Religion In The South, Jodie Talley

History Theses

The intersection of homosexuality and faith values, a very controversial topic in the United States, has generated both social accommodation as well as “culture war.” In the past forty years this nation has witnessed the establishment of predominantly gay congregations, gay “welcoming” and “affirming” mainstream congregations, as well as virulently anti-gay religious organizations. This study investigates the origins and evolving history of gay and gay-affirming religious traditions in America with an emphasis on Atlanta and Georgia. Primarily an oral history, this project draws from eighty-two interviews as well as primary and secondary documents to construct this history. Several conclusions unfold: …

Wittgenstein And Religion, Daniel Patrick Corrigan

Philosophy Theses

This thesis considers the implications of Wittgenstein’s early and later philosophy for the issue of religious belief, as well as the relation of religion to Wittgenstein’s thought. In the first chapter I provide an overview of the Tractatus and discuss the place of religion within the Tractarian framework. I then provide an overview of Philosophical Investigations. In the second chapter I consider interpretations by Norman Malcolm and Peter Winch of Wittgenstein’s later philosophy in relation to religion, as well as Kai Nielsen’s famous critique of ‘Wittgensteinian Fideism.’ The third and final chapter takes up the issue of construing religious belief …