Law Commons^™

Law, Religion, And Health Care, David Orentlicher

UC Irvine Law Review

No abstract provided.

Religious Healing Exemptions And The Jurisprudential Gap Between Substantive Due Process And Free Exercise Rights, Shaakirrah R. Sanders

UC Irvine Law Review

Religious healing parents have vexed state courts for almost a century. Religious healing is the belief that “prayer” or “spiritual means,” rather than modern medicine, can cure individuals. Adults and emancipated minors have the right to refuse medical treatment. Some states go further and grant religious healing parents a statutory exemption against criminal and civil actions for child endangerment, neglect, negligence, manslaughter, and even homicide. This Article identifies these types of exemptions as an issue of religious childrearing.

Religious healing exemptions demonstrate the difficulty delineating the line between childrearing rights of parents and the state’s duty to protect children. Professor …

How To Manage A Marital Dispute: Legal Pluralism From The Ground Up In Zanzibar, Erin E. Stiles

UC Irvine Law Review

This paper considers legal pluralism on the Swahili Coast by looking at marital dispute resolution among Muslims in Zanzibar, Tanzania. The state of Zanzibar, a semi-autonomous island polity of Tanzania, has its own semi-independent legal system, which includes Islamic courts for family disputes for Muslims. Through investigating legal pluralism from the point of view of lay people and their day-to-day legal practice, the paper argues for studying legal pluralism from the ground up, thus building on calls from Caplan and Dupret for socio-legal scholars studying legal pluralism to ask “what is the law” through the eyes of everyday people. In …