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Articles 1 - 30 of 131
Full-Text Articles in Law
The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick
The Rhetoric Of Anti-Relativism In A Culture Of Certainty, Howard Lesnick
Buffalo Law Review
No abstract provided.
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern post-September 11. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim civil society” in …
Terrorism As An Intellectual Problem, Charles W. Collier
Terrorism As An Intellectual Problem, Charles W. Collier
UF Law Faculty Publications
The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as a security problem, a military problem, an economic problem, a political problem, and more. But it is also an intellectual problem, one with particular implications for the study of law, culture, and history. This Essay examines the intellectual assumptions of religious terrorism, and it does so from three distinct perspectives: the theory of religion and American constitutional law (Part I); the common law (Part II); …
Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha
Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Cornell Law Faculty Publications
This Article addresses the prospects of liberal democracy in non-Western societies. It focuses on South Africa, one of the newest and most admired liberal democracies, and in particular on its efforts to recognize indigenous African traditions surrounding witchcraft and related occult practices. In 2004, Parliament passed a law that purports to regulate certain occult practitioners called traditional healers. Today, lawmakers are under pressure to go further and criminalize the practice of witchcraft itself. This Article presses two arguments. First, it contends that the 2004 statute is compatible with liberal principles of equal citizenship and the rule of law. Second, it …
Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan
Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan
Working Paper Series
Much modern jurisprudence attempts to move the locus of authority away from people with authority in order to locate it instead, for example, in rules or texts. This article argues that authority, wherever it exists, is a quality of the actions of persons. The article mounts this argument by showing how Justice Scalia's textualism is the legal analogue of a largely discredited form of "Christian positivism," one that leads to a form of authoritarianism. The article goes on to argue that authorianism can be avoided only by individuals' and their communities' becoming authoritative, including in the making and enforcement of …
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly
The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly
W&M Law Student Publications
Observant Sikh lawyers are presumptively prohibited from joining the U.S. Army Judge Advocate General (JAG) Corps because they cannot satisfy the Army's appearance regulations. This essay argues that this presumptive prohibition violates the Religious Freedom Restoration Act (RFRA). Under RFRA, the federal government may substantially burden an individual's exercise of religion only if it demonstrates that its application of the burden furthers a compelling governmental interest by the least restrictive means.' The Army's appearance regulations are designed to promote two interests-uniformity and safety. In the course of furthering these interests, the Army's appearance regulations effectively preclude observant Sikhs from joining …
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a ‘conflict of civilization’ between the Muslim world and the modern world. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate Islamic radicalism among …
When Accommodations For Religion Violate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
When Accommodations For Religion Violate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
Faculty Publications
This article sets forth five rules with respect to what government may do to accommodate religious practice and five rules with respect to what government may not do. As it turns out the Supreme Court has said that most religious accommodations are left to the broad discretion of legislators and public officials. So long as the object of the accommodation is to protect or expand religious freedom, as distinct from expanding religion, the accommodation will be permitted.
Justifying An Analysis Of The Ecclesiological Development Of Subsidiarity Via Civil And Common Law Jurisprudential Epistemology, William Pieratt Demond
Justifying An Analysis Of The Ecclesiological Development Of Subsidiarity Via Civil And Common Law Jurisprudential Epistemology, William Pieratt Demond
Seton Hall University Dissertations and Theses (ETDs)
This article seeks to justify an examination of subsidiarity's development within Catholicism. Due to the fact that the European Union ["EU"] codified subsidiarity via the Treaty of Maastricht, subsidiarity is now a part of EU law. Although seemingly intended to resolve questions concerning the proper allocation of powers, its codification has generated substantial debate concerning the proper meaning(s) (if any) and/or application(s) of subsidiarity within the EU. Due to the facts that 1) the EU's legal traditions are heavily influenced by both the civil and common law traditions, 2) both of these traditions advocate the use of established jurisprudential methodologies …
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
West Virginia Law Review
No abstract provided.
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson
Washington and Lee Law Review
Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith
"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith
West Virginia Law Review
No abstract provided.
How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini
How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini
Washington and Lee Law Review
This Comment compares the politics and dynamics of recent family law reforms in Iran and Morocco. In both countries, reforms have in effect crippled men's privileges in marriage under Islamic law by restricting their unilateral and extra-judicial rights to divorce and polygyny. In Morocco, the 2004 reforms are radical in that they admit the principle of equality in marriage and cast classical Maliki School of Sunni law in a new light; the result of prolonged efforts by the women's movement, these reforms were finally achieved by the intervention of the King who claimed the right of ijtihad as the Commander …
The "Direct" Financing Of Religious Minorities In Spain, Jose Maria Contreras Mazario
The "Direct" Financing Of Religious Minorities In Spain, Jose Maria Contreras Mazario
BYU Law Review
No abstract provided.
Marital Property In California And Indonesia: Community Property And Harta Bersama, Mark E. Cammack
Marital Property In California And Indonesia: Community Property And Harta Bersama, Mark E. Cammack
Washington and Lee Law Review
One of the more notable features of Indonesian Islamic law is its recognition of the concept of jointly owned marital property. The Indonesian doctrine of joint marital property bears a striking similarity to the community property system in California. In both systems the marital estate consists of property acquired during the marriage through the efforts of either of the spouses. Both systems distinguish marital property from separate property and both define separate property as all property owned by either spouse prior to the marriage or acquired by gift or inheritance afterwards. Apart from their doctrinal similarity, Indonesian Islamic marital property …
Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze
Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze
BYU Law Review
No abstract provided.
Religious Accommodation In Japan, Eiichiro Takahata
Religious Accommodation In Japan, Eiichiro Takahata
BYU Law Review
No abstract provided.
Keynote Address: After Twenty-Five Years, Robert A. Seiple
Keynote Address: After Twenty-Five Years, Robert A. Seiple
BYU Law Review
No abstract provided.
Life After The Establishment Clause, Steven G. Gey
Life After The Establishment Clause, Steven G. Gey
West Virginia Law Review
No abstract provided.
Substantive Neutrality Revisited, Douglas Laycock
Substantive Neutrality Revisited, Douglas Laycock
West Virginia Law Review
No abstract provided.
Why Student Religious Speech Is Speech, John E. Taylor
Why Student Religious Speech Is Speech, John E. Taylor
West Virginia Law Review
No abstract provided.
Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle
Instruments Of Accommodation: The Military Chaplaincy And The Constitution, Ira C. Lupu, Robert W. Tuttle
West Virginia Law Review
No abstract provided.
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
West Virginia Law Review
No abstract provided.
Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman
Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman
West Virginia Law Review
No abstract provided.
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
West Virginia Law Review
No abstract provided.