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Full-Text Articles in Law

Deal Leaves Court Issues Unresolved, Bruce Ledewitz Oct 2014

Deal Leaves Court Issues Unresolved, Bruce Ledewitz

Ledewitz Papers

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


Natural Law, Natural Rights, And Same Sex Marriage, Shannon Holzer Jun 2014

Natural Law, Natural Rights, And Same Sex Marriage, Shannon Holzer

Shannon Holzer

ABSTRACT The Definition of Rights and Same-Sex Marriage The claim that same-sex couples have the right to be married needs to be explained according to particular theories of rights. This presents a problem for same-sex marriage (SSM) advocates for two reasons. First, if SSM advocates suggest that they have a natural right to be married (as rights were understood by Thomas Jefferson in the Declaration of Independence), then they have the burden to prove that this is the case. Yet, Natural Rights entail Natural Law (NL), and NL tends to support teleological definitions of marriage. Thus, the SSM advocate must …


Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer May 2014

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


Health Coverage Versus Religious Liberty: The Affordable Care Act's Contraception Mandate, Samuel D. Livingston Apr 2014

Health Coverage Versus Religious Liberty: The Affordable Care Act's Contraception Mandate, Samuel D. Livingston

Senior Theses and Projects

No abstract provided.


Pa. Gay Marriage With An Exemption, Bruce Ledewitz Mar 2014

Pa. Gay Marriage With An Exemption, Bruce Ledewitz

Ledewitz Papers

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


Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz Jan 2014

Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz

Ledewitz Papers

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


The Transformation Of An Empire To A Nation-State: From The Ottoman Empire To The Republic Of Turkey, Sarah R. Menzies Jan 2014

The Transformation Of An Empire To A Nation-State: From The Ottoman Empire To The Republic Of Turkey, Sarah R. Menzies

Scripps Senior Theses

The transformation of the Ottoman Empire to the Republic of Turkey involved reforming the government, redefining the relationship between the population and the ruling elite, and navigating ethnic and religious identities and how those identities affected the national identity. Unfortunately, these processes were accompanied by the suppression of religious and ethnic minorities, deportations, violence, and murder.


The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz Jan 2014

The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz

Ledewitz Papers

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


"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson Dec 2013

"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson

K Benson

Anwar al-Awlaki was the first American citizen to be targeted for extrajudicial assassination by the Obama administration. While scholarly attention has focused on legality of his killing under domestic law, his status as a chaplain under International Humanitarian Law (IHL) has gone unexamined. The possibility that Anwar al-Awlaki may have been a protected person as a chaplain has profound ramifications for the legality of his killing and for the conduct of the war on terror more generally. As the definition of a "Chaplain" under IHL is under-developed at best and vague at worst, ideologues such as Mr. al-Awlaki operate in …


Decorating The Structure: The Art Of Making Human Law, Brian M. Mccall Dec 2013

Decorating The Structure: The Art Of Making Human Law, Brian M. Mccall

Brian M McCall

This article continues to develop the theme of law as architecture begun in two published articles, The Architecture of Law: Building Law on a Solid Foundation, the Eternal and Natural Law and Consulting the Architect when Problems Arise: The Divine Law. Having considered the foundation and framework of human law, this article turns to the decoration of the structure through the craft of human law making. It examines the process whereby the natural law is determined in particular political communities. Human law is the craft of particularizing the general principles of natural law in a community’s laws. It relies on …