Law Commons^™

Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Bruce Ledewitz

Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett

Richard W Garnett

Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.

New Adventures Of Old Pauline Law, Tawia Baidoe Ansah

Tawia B. Ansah

This article examines the idea of law within two recent philosophical approaches to a theological text. Giorgio Agamben and Alain Badiou, two postmodern philosophers on the political left, look to the letters of St. Paul for the definition and extraction of the political subject. They look to Paul’s messianism and his conversion to discover, within their own philosophical projects, what is truly political within the Western philosophical tradition, for which Paul’s theology is unconditional. The article focuses on the conception of law that, in turn, derives from these projects. The article suggests that within both, despite the objective rejection of …

The Exorcism Motif In The Philosophy Of Sovereign Citizen Movements, John Ehrett

John Ehrett

I aim to deconstruct a key part of the sovereign citizen movement’s perspective on legitimate authority. I argue that the core underpinnings of sovereign citizen mentality (as applied) operate according to an anthropological framework similar to that used in an exorcism: namely, the ceremonial divestiture from an oppressive authority into whose service one has been subtly pressed.

A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee

Randy Lee

No abstract provided.

The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Brennan

Patrick McKinley Brennan

This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …

A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine

Samuel J. Levine

This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …

Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine

Samuel J. Levine

In one of his earliest encyclicals, Dives in Misericordia, Pope John Paul II explored the concepts of mercy and kindness, with a focus on notions of divine love and compassion. Building upon these observations, and drawing extensively on the work of Rabbi Joseph Soloveitchik and other scholars of Jewish law and philosophy, Levine considers the complementary roles of justice and mercy in Jewish tradition. Toward that end, Levine places these concepts in a broader perspective, viewing mercy as representative of attributes such as kindness, compassion, love, and peacefulness, while understanding justice in terms of more exacting principles, such as strict …

Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine

Samuel J. Levine

No abstract provided.

Further Reflections On The Role Of Religion In Lawyering And In Life, Samuel J. Levine

Samuel J. Levine

No abstract provided.

Sex And Hiv Disclosure, Aziza Ahmed, Beri Hull

Aziza Ahmed

No abstract provided.

Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed

Aziza Ahmed

No abstract provided.

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.

The Aspiration To Be A Catholic Social Scientist In The Eyes Of Robert Coles: The Search For Wisdom In An Information Age, Randy Lee

Randy Lee

The Catholic social scientist seeks to understand his world so he can know his God. He is called by love to the questions that he addresses, and the answers he finds to those questions draw him to a call of service, a call to make a life other than his own at least a little better. One of the pre-eminent Catholic social scientists of our time is the psychiatrist, medical doctor, and “hard” scientist, Dr. Robert Coles. This article seeks to consider five pieces of advice that Dr. Coles offers to those aspiring to be Catholic social scientists. First, work …

The Immutability Of Faith And The Necessity Of Action, Randy Lee

Randy Lee

No abstract provided.

A Look At God, Feminism, And Tort Law, Randy Lee

Randy Lee

No abstract provided.