Law Commons^™

Catholic Social Thought And Criminal Justice Reform, R. Michael Cassidy

R. Michael Cassidy

Professor Cassidy examines the criminal justice reform movement in the United States through the lens of Catholic social thought. In particular, he focuses on God’s gift of redemption and the Gospels’ directives that we love one another and show mercy toward the poor, the oppressed and the imprisoned. Cassidy then examines the implications of these fundamental Catholic teachings for the modern debate about the death penalty, sentencing reform, prisoner reentry and parole.

State Regulation Of Religious Education, Neal Devins

Neal E. Devins

No abstract provided.

State Regulation Of Christian Schools, Neal Devins

Neal E. Devins

No abstract provided.

Religious Symbols And The Establishment Clause, Neal Devins

Neal E. Devins

No abstract provided.

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Neal E. Devins

No abstract provided.

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Christie S. Warren

No abstract provided.

Introduction To Special Collection: Seminar Papers On Women And Islamic Law, Christie S. Warren

Christie S. Warren

No abstract provided.

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

Nathan B. Oman

No abstract provided.

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

Nathan B. Oman

No abstract provided.

Wagering On Religious Liberty, Nathan B. Oman

Nathan B. Oman

No abstract provided.

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

Nathan B. Oman

No abstract provided.

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

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

Nathan B. Oman

No abstract provided.

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

Nathan B. Oman

No abstract provided.

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

Nathan B. Oman

No abstract provided.

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

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

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

Nathan B. Oman

No abstract provided.

The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus

Paul Marcus

The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …

Fundamentalist Schools And The Law, Neal Devins

Neal E. Devins

No abstract provided.

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

James G. Dwyer

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers and educators …

Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer

James G. Dwyer

No abstract provided.

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Vivian E. Hamilton

No abstract provided.

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.