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Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg Sep 2019

Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


The Need For A Law Of Church And Market, Nathan B. Oman Sep 2019

The Need For A Law Of Church And Market, Nathan B. Oman

Nathan B. Oman

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …


Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson Sep 2019

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Nathan B. Oman

No abstract provided.


A Defense Of The Authority Of Church Doctrine, Nathan B. Oman Sep 2019

A Defense Of The Authority Of Church Doctrine, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer Sep 2019

Same-Sex Cynicism And The Self-Defeating Pursuit Of Social Acceptance Through Litigation, James G. Dwyer

James G. Dwyer

No abstract provided.


God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas Sep 2019

God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas

Davison M. Douglas

In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …


Religion In The Public Schools: A Proposed Constitutional Standard, Jesse H. Choper Aug 2019

Religion In The Public Schools: A Proposed Constitutional Standard, Jesse H. Choper

Jesse H Choper

No abstract provided.


Use Of Spiritual Coping Strategies By Gender, Race/Ethnicity And Religion At 1 And 3 Months After Infant’S/Child’S Intensive Care Unit Death, Dawn Hawthorne, Joanne M. Youngblut, Dorothy Brooten Aug 2019

Use Of Spiritual Coping Strategies By Gender, Race/Ethnicity And Religion At 1 And 3 Months After Infant’S/Child’S Intensive Care Unit Death, Dawn Hawthorne, Joanne M. Youngblut, Dorothy Brooten

JoAnne Youngblut

Background and purpose

In the US, 57,000 children (newborn-18 years) die annually. Bereaved parents may rely on religious or spiritual beliefs in their grief. The study’s purpose was to examine differences in parents’ use of spiritual and religious coping practices by gender, race/ethnicity and religion at one and three months after infant/ICU death.

Methods

The sample consisted of 165 bereaved parents; 78% minority. The Spiritual Coping Strategies Scale was used to measure religious and spiritual coping practices, separately. One-way ANOVAs indicated that Black non-Hispanic mothers used significantly more religious coping practices at 3 months than White non-Hispanic mothers. Protestant and …


The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise E. Pantin Apr 2019

The Legacy Of Civil Rights And The Opportunity For Transactional Law Clinics, Lynnise E. Pantin

Lynnise E. Pantin

At the end of the historic march from Selma to Montgomery in 1965, Reverend Dr. Martin Luther King Jr. famously paraphrased abolitionist and Unitarian minister Theodore Parker stating, “the arc of the moral universe is long, but it bends towards justice.” The implication of the phrase is that the social justice goals of the Civil Rights Movement would eventually be achieved. His prayer was that servants of justice would be rewarded in due time. In other words, that the goals of the Civil Rights Movement would be achievable at some point in the future. President Obama resurrected the phrase throughout …


Theology Proper, Norm Mathers Mar 2019

Theology Proper, Norm Mathers

Norm Mathers

No abstract provided.