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Articles 121 - 146 of 146
Full-Text Articles in Law
Paypal Or Plastic, Don't Matter The Court Won't Have It: Why The Case For Removing "In God We Trust" From The Dollar May Still Gain Traction Under The Religious Freedom Restoration Act, Olivia Firmand
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Introduction: The Future Of Religious Liberty In America, Mark L. Rienzi
Introduction: The Future Of Religious Liberty In America, Mark L. Rienzi
Catholic University Law Review
No abstract provided.
Mastering Masterpiece, Kristen K. Waggoner
Mastering Masterpiece, Kristen K. Waggoner
Catholic University Law Review
Religious freedom ensures that every person has the right to explore life’s deepest questions and to live out their religious convictions in public life. Free speech similarly ensures that all have the liberty to express their views and pursue truth without fear of government punishment. Free exercise of religion and free speech are durable rights that do not turn on cultural popularity or political power; these freedoms enable us to coexist peacefully with each other despite deep differences. Yet these freedoms are being sorely tested today by government efforts to suppress the rights of creative professionals—painters, filmmakers, printers, and many …
The Religious Roots Of The Progressive Income Tax In America, Joshua Cutler
The Religious Roots Of The Progressive Income Tax In America, Joshua Cutler
Catholic University Law Review
I examine the debate over the first peacetime income tax in the United States in 1894 to investigate the role of religion in enacting the tax and providing moral legitimacy. I find that congressional proponents repeatedly and explicitly argued that a progressive income tax was a biblical tax that best conformed to Judeo-Christian teachings on economics and fundraising. I discuss the history of American religious fundraising practices, including the trend leading up to 1894 that advocated for proportionate giving of income as the best method of giving, as well as the related tithing movement. I document that congressional income tax …
Recognizing Anti-Zionism As An Attack On Jewish Identity, Alyza D. Lewin
Recognizing Anti-Zionism As An Attack On Jewish Identity, Alyza D. Lewin
Catholic University Law Review
This article answers the false assertion that Zionism is nothing more than a political movement that should be abandoned by Jewish students on American university campuses. Yearning for the Land of Israel and Jerusalem is, in fact, a deep spiritual integral part of Jewish identity. It dates back 3000 years to Biblical times. The connection of Jews to Zion is a key component of Jews' shared ancestry and ethnicity and has persisted throughout Jewish history. This dedication is demonstrated today by the custom that concludes a Jewish wedding ceremony and by the declaration ending the Passover Seder. Harassment of students …
A Hollow History Test: Why Establishment Clause Cases Should Not Be Decided Through Comparisons With Historical Practices, Alex J. Luchenitser, Sarah R. Goetz
A Hollow History Test: Why Establishment Clause Cases Should Not Be Decided Through Comparisons With Historical Practices, Alex J. Luchenitser, Sarah R. Goetz
Catholic University Law Review
Some judges, scholars, and advocates have criticized the Supreme Court’s Establishment Clause jurisprudence, arguing that existing Establishment Clause tests give courts too little guidance and too much discretion, and calling on the Court to replace those tests with a test that compares challenged practices to long-standing historically accepted ones. But such a historical-practice test would be much more difficult to apply than the Court’s current jurisprudence and would engender greater confusion among lower courts than there is now.
That’s because there are very few long-standing historical practices that are legitimate candidates for serving as evidence of the intent of the …
Treading On Sacred Land: First Amendment Implications Of Ice's Targeting Of Churches, Gabriella M. D'Agostini
Treading On Sacred Land: First Amendment Implications Of Ice's Targeting Of Churches, Gabriella M. D'Agostini
Michigan Law Review
In the last few years, Immigration and Customs Enforcement (ICE) has begun to target religious institutions—specifically churches—as a means to find and arrest undocumented immigrants. This technique is in legal tension with the First Amendment rights of free exercise of religion and free association. It is unclear, however, how these legal rights protect those most affected by this targeting tactic: undocumented immigrants. Undocumented immigrants may lack standing to challenge ICE’s tactics on their own and may require the help of related parties to protect their interests.
This Note explores a potential solution to the ambiguity surrounding undocumented immigrants’ protection under …
Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar
Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar
Michigan Law Review
U.S. law differentiates between two categories of terrorism. “International terrorism” covers threats with a putative international nexus, even when they stem from U.S. citizens or residents acting only within the United States. “Domestic terrorism” applies to political violence thought to be purely domestic in its origin and intended impact. The law permits broader surveillance, wider criminal charges, and more punitive treatment for crimes labeled international terrorism. Law enforcement agencies frequently consider U.S. Muslims “international” threats even when they have scant foreign ties. As a result, they police and punish them more intensely than white nationalists and other “domestic” threats. This …
Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters
Articles
The article comments on a Grand Chamber judgment by the Court of the European Union on animal slaughter according to Islamic prescriptions. The relevant European Union laws prescribe that religious slaughter without stunning of the animal may only take place in approved slaughterhouses. This causes a shortage during the Muslim Feast of Sacrifice in the Belgian province ofAntwerp. The EU law provisions are in conformity with the animal welfare mainstreaming clause of the Treaty on the Functioning of the European Union. Moreover, the EU regulation and its application in the concrete case does not violate the fundamental right of free …
Whose Faith Matters? The Fight For Religious Liberty Beyond The Christian Right, Elizabeth Reiner Platt, Katherine M. Franke, Kira Shepherd, Lilia Hadjiivanova
Whose Faith Matters? The Fight For Religious Liberty Beyond The Christian Right, Elizabeth Reiner Platt, Katherine M. Franke, Kira Shepherd, Lilia Hadjiivanova
Faculty Scholarship
By offering a sweeping account of religious liberty activism being undertaken by numerous progressive humanitarian and social justice movements, and uncovering how right-wing activists have fought for conservative Christian hegemony rather than “religious liberty” more generally, this report challenges the leading popular narrative of religious freedom.
The United States International Religious Freedom Act, Nonstate Actors, And The Donbas Crisis, Robert C. Blitt
The United States International Religious Freedom Act, Nonstate Actors, And The Donbas Crisis, Robert C. Blitt
Book Chapters
This chapter explores whether recent changes to the International Religious Freedom Act (IRFA) furnish the U.S. government with effective tools for engaging with and taking potential action against nonstate actors, such as the self-proclaimed Donetsk People’s Republic (DPR) and the Luhansk People’s Republic (LPR), operating in the context of the Donbas crisis. Among the major amendments to IRFA introduced at the end of 2016, the statute now provides the U.S. government with the formal obligation to report on violent nonstate actors (NSAs) found to be violating freedom of religion or belief. In addition, the executive branch may designate those NSAs …
The Case For American Muslim Arbitration, Rabea Benhalim
The Case For American Muslim Arbitration, Rabea Benhalim
Publications
This Article advocates for the creation of Muslim arbitral tribunals in the United States. These tribunals would better meet the needs of American Muslims, who currently bring their religious disputes to informal forums that lack transparency. Particularly problematic, these existing forums often apply legal precedent developed in majority-Muslim nations, without taking into consideration the changed circumstances of Muslim living as minorities in the United States. These interpretations of Islamic law can have especially negative impacts on women. American Muslim arbitration tribunals offer the potential to correct these inadequacies. Furthermore, a new arbitral system could better meet the needs of sophisticated …
Post Secularism And The Woman Question, Lama Abu-Odeh
Post Secularism And The Woman Question, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
I will discuss the “woman question in post secularism” by offering my critique of Saba Mahmood’s book “Politics of Piety: The Islamic Revival and the Feminist Subject”. But before I do so, let me just state that I am a legal academic and I am not a reader of the field of anthropology. I am unfamiliar with the theoretic jargon of the discipline- even less so of the jargon of the subfield, anthropology of religion from which Politics of Piety hails. Each discipline is autonomous more so fields of study within each discipline. Those fields usually coalesce around a celebrity …
Reflections On A More “Catholic” Catholic Legal Education, William M. Treanor
Reflections On A More “Catholic” Catholic Legal Education, William M. Treanor
Georgetown Law Faculty Publications and Other Works
I am grateful to Professors Breen and Strang for their thoughtful book about Catholic legal education in the United States. It is an important topic, and their work promises to be a significant contribution to the conversation about the mission of Catholic law schools. My reflections here will focus on Chapter Five.
All of us participating in this symposium are engaged in the collective enterprise of thinking through and implementing what it means to be a Catholic law school. As a historian, personally I am well aware of the value of studying where we have been as part of the …
Is Korematsu Good Law?, Jamal Greene
Is Korematsu Good Law?, Jamal Greene
Faculty Scholarship
In Trump v. Hawaii, the Supreme Court claimed to overrule its infamous Korematsu decision. This Essay argues that this claim is both empty and grotesque. It is empty because a decision to overrule a prior case is not meaningful unless it specifies which propositions the Court is disavowing. Korematsu stands for many propositions, not all of which are agreed upon, but the Hawaii Court underspecifies what it meant to overrule. The Court’s claim of overruling Korematsu is grotesque because its emptiness means to conceal its disturbing affinity with that case.
Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias
Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias
Faculty Scholarship
Thank you, I am delighted to be here. When Professor Fisk and the editors of the Journal asked if I would be willing to give the Feller Lecture this year, I did not hesitate for a moment. It goes without saying that, for a labor law professor, to give a lecture that commemorates David Feller is truly a special honor. While I never had the chance to meet him, his work as an advocate and scholar serves as an example for everyone in the field. I am grateful to the Journal and to the Feller family for the opportunity to …
Speech And Exercise By Private Individuals And Organizations, Kent Greenawalt
Speech And Exercise By Private Individuals And Organizations, Kent Greenawalt
Faculty Scholarship
A central issue about redundancy concerns how far the exercise of religion is simply a form of speech that is, and should be, constitutionally protected only to the extent that reaches speech generally. Insofar as a constitutional analysis leaves flexibility, we have questions about wise legislative choices. To consider these issues carefully, we need to have a sense of what counts as relevant speech and the exercise of religion. That is the focus of this article.
It addresses the basic categorization of what counts as “speech” for freedom of speech and what counts as religious exercise when each is engaged …
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg
FIU Law Review
No abstract provided.
Justice Jackson In The Jehovah’S Witnesses’ Cases, John Q. Barrett
Justice Jackson In The Jehovah’S Witnesses’ Cases, John Q. Barrett
FIU Law Review
No abstract provided.
Deconstitutionalizing Dewey, Aaron Saiger
Thoughts On Hayden C. Covington And The Paucity Of Litigation Scholarship, Ronald K.L. Collins
Thoughts On Hayden C. Covington And The Paucity Of Litigation Scholarship, Ronald K.L. Collins
FIU Law Review
No abstract provided.
A Close Reading Of Barnette, In Honor Of Vincent Blasi, Paul Horwitz
A Close Reading Of Barnette, In Honor Of Vincent Blasi, Paul Horwitz
FIU Law Review
No abstract provided.
Barnette And Masterpiece Cakeshop: Some Unanswered Questions, Abner S. Greene
Barnette And Masterpiece Cakeshop: Some Unanswered Questions, Abner S. Greene
FIU Law Review
No abstract provided.
“Fixed Star” Or Twin Star?: The Ambiguity Of Barnette, Steven D. Smith
“Fixed Star” Or Twin Star?: The Ambiguity Of Barnette, Steven D. Smith
FIU Law Review
No abstract provided.
Jews And The Culture Wars: Consensus And Dissensus In Jewish Religious Liberty Advocacy, Michael A. Helfand
Jews And The Culture Wars: Consensus And Dissensus In Jewish Religious Liberty Advocacy, Michael A. Helfand
Michael A Helfand
Helfand_From Doctrine To Devotion.Pdf, Michael A. Helfand
Helfand_From Doctrine To Devotion.Pdf, Michael A. Helfand
Michael A Helfand
No abstract provided.