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Articles 1 - 17 of 17

Full-Text Articles in Law

Sharia Law Poses No Threat To American Courts, Nathan B. Oman Sep 2019

Sharia Law Poses No Threat To American Courts, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Religious Tests And The British Monarchy, Nathan B. Oman Sep 2019

Religious Tests And The British Monarchy, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman Sep 2019

Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Preaching To The Court House And Judging In The Temple, Nathan B. Oman Sep 2019

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Wagering On Religious Liberty, Nathan B. Oman Sep 2019

Wagering On Religious Liberty, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman Sep 2019

Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Story Of A Forgotten Battle, Nathan B. Oman Sep 2019

The Story Of A Forgotten Battle, Nathan B. Oman

Nathan B. Oman

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 …


Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman Sep 2019

Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman

Nathan B. Oman

In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon polygamy. Historians have interpreted Reynolds, and the anti-polygamy legislation and litigation that it midwifed, as an extension of Reconstruction into the American West. This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international context of Great Power imperialism and American international expansion at the end of the nineteenth century. It does this by recovering the lost theory of religious freedom that the Mormons …


Markets, Religion, And The Limits Of Privacy, Nathan B. Oman Sep 2019

Markets, Religion, And The Limits Of Privacy, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman Sep 2019

Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Indiana And Doux Commerce, Nathan B. Oman Sep 2019

Indiana And Doux Commerce, Nathan B. Oman

Nathan B. Oman

No abstract provided.


International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman Sep 2019

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman

Nathan B. Oman

No abstract provided.


How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman Sep 2019

How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman

Nathan B. Oman

This Article thus has two goals. The first is to show how the Muslim conception of marriage diverges from the Christian-influenced norms that dominate American law and society. Understanding this divergence provides a necessary background to Islamic mahr contracts. The second goal is to provide lawyers and judges with a doctrinal framework within our current law for analyzing these contracts and reaching sensible results in concrete cases.


Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald Sep 2019

Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Nathan B. Oman

No abstract provided.


Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald Sep 2019

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Nathan B. Oman

No abstract provided.


Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman Sep 2019

Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman

Nathan B. Oman

No abstract provided.