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Articles 1 - 30 of 76
Full-Text Articles in Law
Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong
Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong
Faculty Publications
As volume four of Current Legal Issues demonstrates, commentary on the interplay between law and religion in the UK is growing, although the subject still attracts nowhere near the level of attention it does in other countries. The newest addition to the literature constitutes a welcome advance to lawyers working or interested in the field. For example, many existing collections of essays on law and religion focus primarily on sociological issues. This compilation, on the other hand, contains many essays that stress truly legal dilemmas, although sociological, philosophical and other approaches to the question are still well represented among the …
Islamic Law Vs. Patriarchal Systems: A Woman's Perspective, Azizah Y. Al-Hibri
Islamic Law Vs. Patriarchal Systems: A Woman's Perspective, Azizah Y. Al-Hibri
Law Faculty Publications
It is best to understand Islam through its core concept,· adalah (justice). This is a complex concept that thoroughly permeates the Islamic worldview. It is not reducible to retributive justice, because it is a higher-order concept whose backbone is the Mizaan (balance and harmony).
Islamic Feminism: Unveiling The Western Stigma, Shazia N. Nagamia
Islamic Feminism: Unveiling The Western Stigma, Shazia N. Nagamia
Buffalo Women's Law Journal
No abstract provided.
Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie
Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie
Buffalo Public Interest Law Journal
No abstract provided.
The Role Of Compulsion In Islamic Conversion: Jihad, Dhimma And Ridda, Donna E. Arzt
The Role Of Compulsion In Islamic Conversion: Jihad, Dhimma And Ridda, Donna E. Arzt
Buffalo Human Rights Law Review
No abstract provided.
Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee, David W. Newton
Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee, David W. Newton
Nevada Law Journal
No abstract provided.
Biblical Law In America: Historical Perspectives And Potentials For Reform, John W. Welch
Biblical Law In America: Historical Perspectives And Potentials For Reform, John W. Welch
BYU Law Review
No abstract provided.
The Story Of A Forgotten Battle: Reviewing The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth Century America, Nathan B. Oman
The Story Of A Forgotten Battle: Reviewing The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth Century America, Nathan B. Oman
BYU Law Review
No abstract provided.
Government Hostility To Religion: How Misconstruction Of The Establishment Clause Stifles Religious Freedom, Andrew R. Cogar
Government Hostility To Religion: How Misconstruction Of The Establishment Clause Stifles Religious Freedom, Andrew R. Cogar
West Virginia Law Review
No abstract provided.
The Separation Of Mosque And State: Islam And Democracy In Modern Turkey, Susanna Dokupil
The Separation Of Mosque And State: Islam And Democracy In Modern Turkey, Susanna Dokupil
West Virginia Law Review
No abstract provided.
The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.
The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.
Dr. Muhammad Munir
Islam introduced the most humane rules in warfare before other religions or faiths could do it. Most authors acknowledge this fact, however, John Kelsay, Fredrick Donner, and few others doubt Islam's enormous contribution to bring in humanity in warfare. These authors assume that Islam has learned humanitarian principles, such as the principle of distinction, from the pre-Islamic practices; that Imam Al-Shafi'i allowed the killing of all women whether combatant or non-combatant; that even the Prophet Muhammad (peace be upon him) allowed the killing of women and children; and that women and children can be enslaved. This work completely rebuts all …
Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong
Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong
Faculty Publications
Oxford University Press has initiated a new series on the European Convention on Human Rights and, in light of recent world events, could not have found a more timely first installment than Carolyn Evans's book on freedom of religion. However, the choice of topics is sound even when one sets aside the current interest in the interplay between law and religion.
Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny
Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny
M. Cathleen Kaveny
This article draws upon the Roman Catholic distinction between “ordinary” and “extraordinary” means of medical treatment to analyze the case of “Jodie” and “Mary,” the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O’Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used …
Freedom Of Religion In Context, Guy Haarscher
Religious Freedom In The Argentine Republic: Twenty Years After The Declaration On The Elimination Of Intolerance And Religious Discrimination, Juan G. Navarro Floria
Religious Freedom In The Argentine Republic: Twenty Years After The Declaration On The Elimination Of Intolerance And Religious Discrimination, Juan G. Navarro Floria
BYU Law Review
No abstract provided.
Relations Benveen The State And Religious Communities In The Federal Republic Of Yugoslavia, Boris Milosavljevic
Relations Benveen The State And Religious Communities In The Federal Republic Of Yugoslavia, Boris Milosavljevic
BYU Law Review
No abstract provided.
Religious Freedom Issues In Hungary, Balazs Schanda
Religious Freedom Issues In Hungary, Balazs Schanda
BYU Law Review
No abstract provided.
Mexico And The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Jose Luis Soberanes Fernandez
Mexico And The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Jose Luis Soberanes Fernandez
BYU Law Review
No abstract provided.
Freedom Of Religious Association: The Right Of Religious Organizations To Obtain Legal Entity Status Under The European Convention, Lance S. Lehnhof
Freedom Of Religious Association: The Right Of Religious Organizations To Obtain Legal Entity Status Under The European Convention, Lance S. Lehnhof
BYU Law Review
No abstract provided.
Religious Liberty In Pakistan: Law, Reality, And Perception (A Brief Synopsis), Farooq Hassan
Religious Liberty In Pakistan: Law, Reality, And Perception (A Brief Synopsis), Farooq Hassan
BYU Law Review
No abstract provided.
The Evolution Of Religious Freedom As A Universal Human Right: Examining The Role Of The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Derek H. Davis
BYU Law Review
No abstract provided.
Islamic Law And Ambivalent Scholarship, Khaled Abou El Fadl
Islamic Law And Ambivalent Scholarship, Khaled Abou El Fadl
Michigan Law Review
This book reminds me of the image of the arrogantly condescending and blustering tourist in Cairo who drifts into a store that has taken the trouble of prominently displaying the price of their commodities in nicely typed tags. Nevertheless, the tourist walks in, reads the price tag, and then proclaims, "Okay, what is the real price?" The poor store employee stares at him with incredulity, and simply repeats the price on the tag, and, in response, the tourist emits this knowing and smug smile as if saying, "I know you guys, you never mean what you say; everything in Arab …
The Attitude Of Belgian Authorities Toward New Religious Movements, Adelbert Denaux
The Attitude Of Belgian Authorities Toward New Religious Movements, Adelbert Denaux
BYU Law Review
No abstract provided.
Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith
Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith
BYU Law Review
No abstract provided.
The Effect Of International Treaties On Religious Freedom In Mexico, Ricardo Hernandez-Forcada
The Effect Of International Treaties On Religious Freedom In Mexico, Ricardo Hernandez-Forcada
BYU Law Review
No abstract provided.
Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen
Contemporary Discussions On Religious Minorities In Islam, Jorgen S. Nielsen
BYU Law Review
No abstract provided.
Religion In Turkey, Niyazi Oktem
Religion, Church, And State In The Post-Communist Era: The Case Of Ukraine (With Special References To Orthodoxy And Human Rights Issues), Victor Yelensky
Religion, Church, And State In The Post-Communist Era: The Case Of Ukraine (With Special References To Orthodoxy And Human Rights Issues), Victor Yelensky
BYU Law Review
No abstract provided.
How Secrets Are Kept: Viewing The Current Clergy-Penitent Privilege Through A Comparison With The Attorney-Client Privilege, Shawn P. Bailey
How Secrets Are Kept: Viewing The Current Clergy-Penitent Privilege Through A Comparison With The Attorney-Client Privilege, Shawn P. Bailey
BYU Law Review
No abstract provided.
"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman
"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman
All Faculty Scholarship
Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability to beneficiaries that occurs when public funds are given to religious organizations for secular programs, and she proposes solutions to this problem. As Professor Gilman explains, doctrines that constrain abuses of governmental discretion, such as administrative procedure acts and constitutional restrictions, generally do not apply when public programs are privatized. Moreover, religious organizations are often insulated from public scrutiny because of First Amendment …