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Articles 91 - 120 of 131
Full-Text Articles in Law
Kitzmiller And The "Is It Science?" Question, Jay D. Wexler
Kitzmiller And The "Is It Science?" Question, Jay D. Wexler
Faculty Scholarship
When Judge John E. Jones, III, a United States District Court judge appointed by President George W. Bush, ruled that the Dover school board's intelligent design (ID) policy violated the Establishment Clause, ID opponents were ecstatic. They had good reason to be. The opinion was a comprehensive and complete victory for ID opponents. The decision held that the policy was an unconstitutional endorsement of religion when viewed both from a reasonable Dover student's perspective as well as from the perspective of a reasonable adult in the Dover community. It also held that the policy was adopted for a religious purpose, …
Ignore The Rumors—Campaigning From The Pulpit Is Okay: Thinking Past The Symbolism Of Section 501(C)(3), Michael Hatfield
Ignore The Rumors—Campaigning From The Pulpit Is Okay: Thinking Past The Symbolism Of Section 501(C)(3), Michael Hatfield
Articles
This Article is enough to ruin many Thanksgiving family dinners. It is about American religion, politics, and taxes. Mostly it is about taxes. As I will explain, this is what sets it apart from the contemporary legal scholarship exploring the campaign restrictions on tax exempt churches. This Introduction identifies the problem addressed in the article, then introduces the contemporary legal scholarship and the alternative approach this article takes.
Part I of this Article introduces the reader to the legal context of "the problem" of churches being unable to campaign if they choose to be Tax Exempt under Section 501 (c) …
The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter
The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter
Publications
This essay contends that there is a structural element of federal law and policy that sets up legal battles over American Indian sacred sites. The Supreme Court has held that whatever rights groups may have at sacred sites, the federal government's rights as owner and sovereign of the public lands ultimately prevails. Federal agencies can, if they choose, accommodate various interests on the public lands, but such decisions are left to fluctuating executive policy and the discretion of land managers. This approach reflects well-established doctrine in public lands law, but leaves various citizens and groups clamoring for the federal government …
A Monk's Musings: A Coda, Alan Watson
A Monk's Musings: A Coda, Alan Watson
Scholarly Works
I have set out this coda by my close relative and colleague with some reluctance. My reluctance has nothing to do with the quality of the peace. But Sandy is insistent. He is keen on advancement within his law school. Publications are needed. But no law review would be interested in this; it is too short, and has not enough footnotes.
My reluctance to deal with Sandy's coda increased because it contains no law. Yet, it is precisely that which brings out the importance of the episode of Jesus and the Samaritan woman in the Gospel of John. For the …
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Religious Discourse In The Public Square, David Blaikie, Diana Ginn
Religious Discourse In The Public Square, David Blaikie, Diana Ginn
Articles, Book Chapters, & Popular Press
Full, open, and civilized discourse among citizens is fundamental to the life of a liberal democracy. It seems trite to assert that no discourse should be prohibited or excluded simply because it is grounded in religious faith or employs religious beliefs to justify a particular position. Yet there are those who contend that it is improper for citizens to use religious arguments when debating or deciding issues in the public square, that metaphorical arena where issues of public policy are discussed and contested. In this article we challenge this position, examining the various arguments that are put forward for keeping …
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
In volume 1, James Hitchcock provides a comprehensive historical treatment of all the U.S. Supreme Court cases involving the religion clauses. Volume 2 focuses on the broader “context of the continuing dialogue about the role of religion in public life” and its relationship to the Court’s interpretation of the religion clauses.
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Seattle University Law Review
The Administration's Faith-Based Initiatives would fail a constitutional challenge under the Establishment Clause of the First Amendment. Applying the three-pronged test developed in Lemon v. Kurtzman and Zelman v. Simmons-Harris, this Comment concludes that the Initiatives, (1) though purportedly secular, have been enacted for a sectarian purpose and are not neutral toward religion; (2) are coercive and fail to fulfill the condition of private choice because the rural poor, such as those in Franklin County, Washington, whom the Initiatives target, realistically cannot choose between non-religious and sectarian service providers; and (3) to the extent that Initiative funded programs can …
The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler
The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler
UIC Law Review
No abstract provided.
Context Is King: A Perception-Based Test For Evaluating Government Displays Of The Ten Commandments, Nathan P. Heller
Context Is King: A Perception-Based Test For Evaluating Government Displays Of The Ten Commandments, Nathan P. Heller
Villanova Law Review
No abstract provided.
Prophecy And Casuistry: Abortion, Torture And Moral Discourse, M. Cathleen Kaveny
Prophecy And Casuistry: Abortion, Torture And Moral Discourse, M. Cathleen Kaveny
Villanova Law Review
No abstract provided.
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Thou Shalt Not?, Mark Strasser
Thou Shalt Not?, Mark Strasser
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Apparent Consistency Of Religion Clause Doctrine, The The Rehnquist Court And The First Amendment, Abner S. Greene
Apparent Consistency Of Religion Clause Doctrine, The The Rehnquist Court And The First Amendment, Abner S. Greene
Faculty Scholarship
A hallmark of religion clause scholarship is the complaint that the doctrine is a hopeless muddle. However, the Rehnquist Court brought a considerable amount of consistency-well, apparent consistency- to the doctrine. I say "apparent consistency" because, just as a paradox is only a seeming contradiction, so was the Rehnquist Court's religion clause jurisprudence only seemingly consistent. The doctrine focuses on whether the government singles out religion for special benefit (generally problematic under the Establishment Clause) or for special burden (generally problematic under the Free Exercise Clause). If, on the other hand, the government benefits religion as part of a more …
Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen
Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen
Faculty Publications
Can international law be used to address conflicts that arise out of questions of the freedom of religion? Modern international law was born of conflicts of politics and religion. The Treaty of Westphalia, the seed from which grew today's systems of international law and international relations, attempted to set out rules to end decades of religious strife and war across the European continent. The treaty replaced empires and feudal holdings with a system of sovereign states. But this was within a relatively narrow and historically interconnected community: Protestants and Catholics, yes, but Christians all. Europe was Christendom.
To what extent …
Could Jesus Serve On A Jury - Not In The Third Circuit: Religion-Based Peremptory Challenges In United States V. Dejesus And Bronshtein V. Horn, Anthony D. Foti
Could Jesus Serve On A Jury - Not In The Third Circuit: Religion-Based Peremptory Challenges In United States V. Dejesus And Bronshtein V. Horn, Anthony D. Foti
Villanova Law Review
No abstract provided.
The Constitutionality Of The Monkey Wrench: Exploring The Case For Intelligent Design, Johnny Buckles
The Constitutionality Of The Monkey Wrench: Exploring The Case For Intelligent Design, Johnny Buckles
Oklahoma Law Review
Teaching intelligent design in public schools has become an extremely controversial, and highly publicized, educational prospect that is just beginning to garner judicial attention. This Article argues that a proper resolution of the constitutional problems raised by teaching intelligent design requires both a precise understanding of intelligent design and evolutionary theory, and a sophisticated grasp of theological conceptions of the origin and development of life. After explaining these important foundational concepts and surveying the most relevant Supreme Court precedent, this Article discusses two important threshold questions that arise from the origins debate. First, is intelligent design theory inherently religious? Secondly, …
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Northwestern Journal of International Law & Business
The past years have seen a clear and incontrovertible rise in the use of international financial and commercial instruments expressed to be governed by Islamic principles. Banks and other commercial entities in Islamic and non-Islamic countries are increasingly aware of the commercial need to offer services which are specifically tailored to meet this sector of the international market. Disputes over the interpretation and application of such instruments invariably arise. English courts are not insulated from such disputes, given that the City of London is at the forefront of many international commercial and financial dealings. As a matter of law, the …
Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter
Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter
Publications
The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes …
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Publications
No abstract provided.
What's Real For Law?, Jospeh Vining
What's Real For Law?, Jospeh Vining
Articles
Law is not academic. The univeristy if not its home. Law is in the wider world and is pervasive there, in language, thought, and action.
Religion And State: Some Main Issues And Sources, John M. Finnis
Religion And State: Some Main Issues And Sources, John M. Finnis
Journal Articles
Public reason's default position is not atheism or agnosticism about the dependence of everything on a transcendent Creator. On the contrary, there is good reason to judge that there is such a transcendent cause, capable of communicating with intelligent creatures, that one of the world's religions may be essentially true and others substantially truer than atheism, and that there is a human or natural right to immunity from coercion in religious inquiry, belief (or unbelief, precisely as such), and practice so far as is compatible with public order, that is with the rights of others, public peace and public morality. …
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
Faculty Scholarship
The current state of religion in the nation's public schools is odd indeed. On the one hand, the courts have consistently held that public school teachers may not lead their students in an organized prayer. Yet on the other hand, most people seem to agree that there is no problem with those same teachers leading their students in the Pledge of Allegiance, an exercise that asks students on a daily basis, not only to explicitly recognize the existence of a single god, but also to link the nation's very identity to that highly contested theological proposition. Likewise, despite the fact …
The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer
The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer
Journal Articles
Consider two phrases in Professor Marie Failinger's charge to those of us discussing Jeffrey Stout's Democracy and Tradition, October 28, 2005, at Hamline University: (i) "How would we construct a real democratic sociality holding each other responsible for ethical life that would warrant trust in democracy? . . . and, (ii) How do the religious traditions help us reflect on this issue?"
My reflection, probably sectarian, refers more to where we come from than to what we choose. The reference here is to three communities, none of which is primarily concerned with "real democratic sociality." But none of them is …
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Journal Articles
Thirty-five years ago, in his landmark Lemon v. Kurtzman opinion, Chief Justice Warren Burger declared that state actions could "excessive[ly]"—and, therefore, unconstitutionally—"entangle" government and religion, not only by requiring or allowing intrusive monitoring by officials of religious institutions and activities, but also through their "divisive political potential." He worried that government actions burdened with this "potential" pose a "threat to the normal political process and "divert attention from the myriad issues and problems that confront every level of government." And, he insisted that "political division along religious lines was one of the principal evils against which the First Amendment was …
Final Report Of The Maldivian Penal Law & Sentencing Codification Project: Text Of Draft Code (Volume 1) And Official Commentary (Volume 2), Paul H. Robinson, Criminal Law Research Group -- University Of Pennsylvania
Final Report Of The Maldivian Penal Law & Sentencing Codification Project: Text Of Draft Code (Volume 1) And Official Commentary (Volume 2), Paul H. Robinson, Criminal Law Research Group -- University Of Pennsylvania
All Faculty Scholarship
The United Nations Development Programme and the Government of the Maldives commissioned the drafting of a penal code based upon existing Maldivian law, which meant primarily a codification of Shari'a. This is the Final Report of that codification project. A description of the process that produced this Report and the drafting principles behind it, as well as a discussion of the special challenges of codifying Islamic criminal law, are contained in an article at http://ssrn.com/abstract=941443.
Kennewick Man And The Meaning Of Life, Steven Goldberg
Kennewick Man And The Meaning Of Life, Steven Goldberg
Georgetown Law Faculty Publications and Other Works
When Native Americans and scientists clashed over ownership of the ancient remains of Kennewick Man it was, in part, a dispute between the needs of the traditional culture and those of the modern research establishment. But more was at stake. The Native Americans wanted to rebury the remains because their emotional relationship with Kennewick Man is tied to their view of their origins. But the scientists also had an emotional attachment to the scientific position. The question of who were the First Americans satisfies a yearning for scientific origin stories. The dispute here parallels the controversy over evolution. Creationists care …
Pluralism And Public Legal Reason, Lawrence B. Solum
Pluralism And Public Legal Reason, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
What role does and should religion play in the legal sphere of a modern liberal democracy? Does religion threaten to create divisions that would undermine the stability of the constitutional order? Or is religious disagreement itself a force that works to create consensus on some of the core commitments of constitutionalism--liberty of conscience, toleration, limited government, and the rule of law? This essay explores these questions from the perspectives of contemporary political philosophy and constitutional theory. The thesis of the essay is that pluralism--the diversity of religious and secular conceptions of the good--can and should work as a force for …
Common Sense About Original And Subsequent Understanding Of The Religion Clauses, Kent Greenawalt
Common Sense About Original And Subsequent Understanding Of The Religion Clauses, Kent Greenawalt
Faculty Scholarship
This Essay is mainly about the Establishment Clause, but it covers analogous questions about free exercise as well. I try to untangle the threads of various controversies, concentrating primarily on what seems fairly resolvable on examination, while also noting uncertainties that do not yield to easy analysis. I ask how constitutional language should have been and should be interpreted, adopting a strategy that gives weight to ordinary meaning and to the general sense of why that language was adopted. I do not eschew reference to legislative history; however for our purposes in this Essay, legislative history turns out to be …