Digital Commons Network^™

Corporations, Taxes, And Religion: The Hobby Lobby And Conestoga Contraceptive Cases, Steven Willis

Steven J. Willis

Beginning in 2013, the federal government mandated that general business corporations include contraceptive and early abortion coverage in large employee health plans. Internal Revenue Code Section 4980D imposes a substantial excise tax on health plans violating the mandate. Indeed, for one company – Hobby Lobby – the expected annual tax is nearly one-half billion dollars. Dozens of “for profit” businesses have challenged the mandate on free exercise grounds, asserting claims under the First Amendment as well as under the Religious Freedom Restoration Act. So far, courts have been reluctant to hold corporations have religious rights of their own; as a …

The Return Of The Christian Burial Speech Case, Phillip Johnson

Phillip Johnson

No abstract provided.

Strengthening Skills: Hosting A Research Boot Camp, Stephanie Soule, Heidi Gauder

Heidi Gauder

Instruction librarians and an academic department formed a community of practice and developed a three-day research “boot camp” for graduate research assistants. The students gained critical research skills, which benefited their department, while the librarians experimented with new instruction techniques.

Models Of Cosmic Order: Physical Expression Of Sacred Space Among The Ancient Maya, Jennifer P. Mathews, James F. Garber

Jennifer P Mathews

The archaeological record, as well as written texts, oral traditions, and iconographic representations, express the Maya perception of cosmic order, including the concepts of quadripartite division and layered cosmos. The ritual act of portioning and layering created spatial order and was used to organize everything from the heavens to the layout of altars. These acts were also metaphors for world creation, world order, and establishing the center as a position of power and authority. This article examines the articulations of these concepts from the level of caches to the level of regions from the past and present in an attempt …

Earth Ethics, James Martin-Schramm, Daniel Spencer, Laura A. Stivers

Laura Stivers

The French Law "Marriage For All" A Lot Of Noise, And Then?, Frank S. Giaoui

Frank S. Giaoui

Upon a recent decision of the Federal Supreme Court, the USA has become the 15th country in the World to act marriage as a civil right for same-sex couples. Just two years before, in a very different constitutional environment, France acted an equivalent law including adoptive filiation. France had to overcome a long debate at the parliament and passionate reactions among the various secular and religious constituencies of its society.

This article tends to address three main questions: How does the law actually change the family environment of same-sex couples? Why the most willing legislators advised by the …

Steady As She Goes: The 2016-17 Term Of The Us Supreme Court, Miller W. Shealy Jr.

Miller W. Shealy Jr.

No abstract provided.

Wrestling With Angels: Postsecular Contemporary American Poetry, Paul T. Corrigan

Paul T. Corrigan

In the current “secular age,” more and more people find beliefs and behaviors associated with traditional religion intellectually and ethically untenable. At the same time, many “postsecular” writers, both believers and nonbelievers, continue to write with religious or religiously-inflected forms, themes, and purposes. In the United States, postsecular poets “wrestle with angels” by engaging constructively and deconstructively with matters traditionally considered the domain of religion and spirituality. While the recent work of Jürgen Habermas, Charles Taylor, John McClure and others puts the concept of the postsecular at the cutting edge of various fields of study, including religion, sociology, and literature, …

Big Eyes, Katrina Bramstedt

Katrina A. Bramstedt

This is a review of the film Big Eyes. Adapted from a true story about artist Margaret Keane, the overarching theme of the movie is plagiarism. While most people think of written works such as books and articles being plagiarized, Big Eyes gives viewers insight into the world of stolen works of visual art, namely paintings. The victim finds moral courage through religion, while the thief (Keane’s husband,Walter) lives in denial until death. Anyone with an interest in art, law, or psychiatry will enjoy what Big Eyes has to offer.

Bordering On Legality: Canadian Church Sanctuary And The Rule Of Law, Sean Rehaag

Sean Rehaag

This paper examines church sanctuary incidents in Canada involving unsuccessful refugee claimants seeking to avoid deportation. The author contends that when faith-based communities develop formal screening mechanisms to determine who among the many that request it is accorded sanctuary, they apply similar norms and procedures as those found in Canada's official refugee determination process. The author argues that although sanctuary practices are often criticized as a form of civil disobedience that poses a threat to the rule of law, it is also possible to understand sanctuary practices as a means through which faith-based communities prevent the state from violiating both …

The Isis Crisis And The Development Of International Humanitarian Law, Johan D. Van Der Vyver

Johan D van der Vyver

ABOUT THE ARTICLE This article identifies the rules of international humanitarian law that have a bearing on the Israeli offensive in Gaza. It first of all attempts to establish whether or not Israel remained an Occupying Power after its disengagement from the Gaza Strip in 2005. If due to the control Israel continued to exercise over border crossings, electricity and water supplies and the like, Israel is found to be de facto in occupation of Gaza, the Hamas responses would qualify as a war of liberation, which in terms of Protocol I to the Geneva Conventions of 12 August 1949 …

Religious Diversity, Education, And The 'Crisis' In State Neutrality, Benjamin L. Berger

Benjamin L. Berger

Education – and particularly public education – has become a crucible for the relationship between state and religious diversity, a principal site for contemporary debates about the meaning of secularism and the management of religious difference. This is so across a variety of national traditions, and despite wide differences in the historical and “emotional inheritances” surrounding the configuration of law, politics, and religion. Through an exploration of Hannah Arendt’s thought about responsibility and freedom in education, this article works towards a better understanding of why education is such a crucial and fraught field in the modern encounter between religion and …

Belonging To Law: Religious Difference, Secularism, And The Conditions Of Civic Inclusion, Benjamin L. Berger

Benjamin L. Berger

This paper examines the appeal to law as the basis for civic identity and political belonging under conditions of religious diversity. Beginning by assessing the descriptive utility of the concept of “secularism,” the paper argues that secularism is best approached as a repertoire of moves available in negotiating the relationship between religion and political authority, focussing then on one such move evident in the contemporary project of liberal secularism: the assertion, in the face of the challenges posed by religious diversity, that to belong to the political community means, above all else, to belong to law. This shift of “obedience …

The Aesthetics Of Religious Freedom, Benjamin L. Berger

Benjamin L. Berger

What influence might legal aesthetics have on the shape of religious freedom? Focusing on time and space as foundational elements of the perception of phenomena, this paper argues that these aesthetic intuitions are an under-examined and yet elemental component of what conditions and shapes religious freedom in liberal constitutional orders. If one takes law to be a cultural form, attention to these basic facets of legal perception is essential to understanding law’s encounter with religion. Drawing from a range of examples in the Canadian jurisprudence, this paper shows that legal approaches to religious diversity, multiculturalism, tolerance, and accommodation are all …

Law's Religion: Rendering Culture, Benjamin L. Berger

Benjamin L. Berger

This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …

Religious Diversity, Education, And The "Crisis" In State Neutrality, Benjamin L. Berger

Benjamin L. Berger

Education – and particularly public education – has become a crucible for the relationship between state and religious diversity, a principal site for contemporary debates about the meaning of secularism and the management of religious difference. This is so across a variety of national traditions, and despite wide differences in the historical and “emotional inheritances” surrounding the configuration of law, politics, and religion. Through an exploration of Hannah Arendt’s thought about responsibility and freedom in education, this article works towards a better understanding of why education is such a crucial and fraught field in the modern encounter between religion and …

Newspaper Editors’ Attitudes Toward The Great Awakening, 1740-1748, Lisa Smith

Lisa Smith

No abstract provided.

A Statute Is Worth A Thousand Words: Same Sex Marriage And Rfra, Daniel Korda

Daniel Korda

This article explores the effectiveness of the Religious Freedom Restoration Act as a defense for individuals with religious objections towards servicing same sex marriages. Specifically, this article (a) evaluates if the Federal Government has a compelling interest to promote equal accommodations for same sex marriages and (b) considers if "private" individuals suing private parties for refusing to service their marriage are in fact "public" plaintiffs, as the enforcement of laws banning marital discrimination have traditionally been enforced by the State.

Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla Higgins

Kayla Higgins

On July 21, 2014 President Obama released Executive Order 13672, which expressly aimed to provide for a uniform policy for the Federal Government to prohibit discrimination and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity. Some commentators believe that the order “could be the next battleground” for the competing views of religious leaders and liberals when it comes to how to weigh religious liberty against other priorities. However, there are two main reasons why the most recent executive order should not crumble under the Hobby Lobby …

Between Magic And Religion: Interdisciplinary Studies In Ancient Mediterranean Religion And Society, Sulochana Asirvatham, Corinne Pache, John Watrous

Corinne Pache

Between Magic and Religion represents a radical rethinking of traditional distinctions involving the term 'religion' in the ancient Greek world and beyond, through late antiquity to the seventeenth century. The title indicates the fluidity of such concepts as religion and magic, highlighting the wide variety of meanings evoked by these shifting terms from ancient to modern times. The contributors put these meanings to the test, applying a wide range of methods in exploring the many varieties of available historical, archaeological, iconographical, and literary evidence. No reader will ever think of magic and religion the same way after reading through the …

Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman

Stephen D Sugarman

This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible for …

The Concept Of Qailulah (Midday Napping) From Neuroscientific And Islamic Perspectives, Mohd Amzari Tumiran

Mohd Amzari Tumiran

Napping/siesta during the day is a phenomenon which is widely practised in the world. However, the timing, frequency and duration may vary. The basis of napping is also diverse, but it is mainly done for improvement of alertness and general well-being. Neuroscience reveals that midday napping improves memory, enhances alertness, boosts wakefulness and performance, and recovers certain qualities of lost night sleep. Interestingly, Islam, the religion of the Muslims, advocates midday napping primarily because it was a practice preferred by Prophet Muhammad (pbuh). The objectives of this review are to investigate and compare identical key points on focused topic from …

A Hidden Life, Matthew Schmalz

Mathew Schmalz

The author recalls a former student whose traditional Catholic devotion celebrated the hidden life, a life cut short by domestic violence.

The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad

Zeina Jallad

The Power of the Body:

Analyzing the Logic of Law and Social Change in the Arab Spring

Abstract:

Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian …

Liberalism And Religion

Steven H. Shiffrin

No abstract provided.

Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic, Donald L. Beschle

Donald L. Beschle

No abstract provided.

God Bless The Child?: The Use Of Religion As A Factor In Child Custody And Adoption Proceedings, Donald L. Beschle

Donald L. Beschle

No abstract provided.

Who Is My Neighbor? Commentary On David Hilfiker's Case Story, M. Therese Lysaught

M. Therese Lysaught

No abstract provided.

"Not So Fast, Mr. Wilson." A Review Of Genes, Genesis And God: Values And Their Origins In Natural And Human History By Holmes Rolston., M. Therese Lysaught

M. Therese Lysaught

No abstract provided.

Wrongful Life? The Strange Case Of Nicholas Perruche, M. Therese Lysaught

M. Therese Lysaught

No abstract provided.