Law Commons^™

Felix, Tsos, Felix

TSOS Interview Gallery

Felix is originally from Nigeria and has now been inItaly under a year. He came from a family with a polygamous father who “married” multiple wives illegally. After returning home from a service mission for his church, which his father supported, Felix began to study engineering. At some point conflict arose within the family that causedFelix to have to flee.He was smuggled through Niger to Libya, losing several friends along the way.There he was held for ransom, before taking a treacherous voyage across the sea in an overfilled boat, where he witnessed several drown. Now he lives in a camp …

Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang

Dissertations, Theses, and Capstone Projects

This dissertation is a conceptual history of Egypt’s national formation between the 1880s and the 1930s. This period involved the convergence of nationalism, colonial rule, missionary activity, and new modes of governance at the national and international levels. Drawing on state and missionary archival material, periodicals, legal compendia, laws, and parliamentary transcripts, and adapting methods developed by Reinhart Koselleck, I trace shifts within Egypt’s socio-political lexicon through processes of translation and demonstrate their effects upon social experience and political aspiration. I focus on a set of liberal-secular concepts critical to national politics—religious freedom, public interest, nationality, and the minority—as they …

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Indiana Law Journal

This Article addresses the question of law, religion, and the market directly. It does so by developing three theories of how one might conceptualize the proper relationship between commerce and religion. The first two theories I offer are not meant to be summaries of any position explicitly articulated by any particular thinker. There is a paucity of explicit reflection on the question of markets and reli-gion and virtually no effort to generate broad legal theories of that relationship. Rather, these theories are an attempt to explicitly articulate clusters of intuitions that seem to travel together. My hope is to show …

Life In Purple: An Exploration Of Moroccan Lgbt+ Identity And Migration, Olivia Leone Nicholas

Independent Study Project (ISP) Collection

Currently, homosexuality is criminalized in Morocco under the Moroccan Penal Code Article 489 and most Moroccans view homosexuality as haram, prohibited by god. The LGBT+ community faces religious, legal and social pressures and persecution. Still, LGBT+ people continue to fight for their right to exist in Morocco and activists are working to protect members of the community from legal prosecution as well as form safe spaces for their community. At the same time, many members of the LGBT+ community in Morocco must emigrate to live their lives both honestly and safely. This paper aims to explore the current circumstances …

Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The first game in the series is a strategy game called Lost & …

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …

Walid & Rahima, Walid, Rahima, Tsos

TSOS Interview Gallery

Walid worked as a police officer inBaghlan County,Afghanistan, where hedid many operations with NATO and US forces. Walid was responsible for recordingoperations and distributing copies to the media. Being part of the operations was dangerous, and Walid lost many of his friendsto the Taliban.Theyevenskinned afriend for cooperating with the government. The violenceled him to say, “The terrorists have no religion.” The Taliban began entering homes and killing government officials,and paid assassinations happened in public. Walidknew he was in danger.After losing a dear friend, Walid knew then that he had lost all he was willing to lose.He fled to Pakistan where …

Slides: Drought In Federations: The Rio Grande, Adrian Oglesby

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Adrian Oglesby, Director, Utton Transboundary Resources Center, University of New Mexico School of Law

4 slides

In God We Trust, Andrew C. Nosti

SURGE

Almost everywhere I turn I can hear someone saying, “America is a Christian nation!” likely yelled or grumbled with impressive, and sometimes concerning, aggression. I can’t go through a week without this phrase popping up, usually closely accompanied by the notion that America’s founding has roots in Christian principles. [excerpt]

Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek

Alev Dudek

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Bruce Ledewitz

The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.

Communication and Theater Association of Minnesota Journal

The First Amendment prohibits any establishment of religion, a dicta that has been applied in an apparently inconsistent manner by the Supreme Court when called upon to evaluate various forms of verbal and nonverbal religious communication. Court decisions have approved religious prayers and displays in government settings. When such exercises and displays were introduced to the public school academic setting, the Court chose to disallow the practice. An examination of judicial opinions reveals that justices recognize three factors inherent to the academic setting which justify the apparently contradictory decisions. Because of the captive nature of the audience, the presence of …

Integration Of And The Potential For Islamic Radicalization Among Ethnic Turks In Germany, Alev Dudek

Alev Dudek

In spite of ongoing improvements, integration of ethnic Turks in Germany remains a challenge from the dominant culture perspective, whereas a deeply ingrained institutional and everyday racism and the lack of legal protection against discrimination pose a challenge to full participation of ethnic Turks from another perspective. In an increasingly xenophobic Europe, particularly Germany, an increase in potential for religious and nationalist radicalization in different groups including ethnic Turks is becoming more and more evident. This increase in radical attitudes is not necessarily caused by a lack of integration, as evidenced among well-integrated individuals.

In view of recent developments toward …

Crimes In The Name Of Honour By Prof. Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Crimes in the Name‘Honour’ Marriage and Spousal Selection: Choices beyond Caste, Endogamy and Religion by Vibhuti Patel Director, Centre for Study of Social Exclusion & Inclusive Policy, Professor and Head, Department of Economics, SNDT Women’s University, Mumbai-400020 Email: vibhuti.np@gmail.com Mobile-9321040048 Summary Crimes in the name of ‘honour’ are on a rise in our country. Both rural as well as urban areas are gripped with instances of horrific crimes where young citizens of our country are being killed for exercising their democratic right of choosing their life partners. The democratic minded people of our country are both shocked and distressed by …

To Seek And Save The Lost: Human Trafficking And Salvation Schemas Among American Evangelicals, Austin Choi-Fitzpatrick

School of Peace Studies: Faculty Scholarship

American evangelicals have a history of engagement in social issues in general and anti-slavery activism in particular. The last 10 years have seen an increase in both scholarly attention to evangelicalism and evangelical focus on contemporary forms of slavery. Extant literature on this engagement often lacks the voices of evangelicals themselves. This study begins to fill this gap through a qualitative exploration of how evangelical and mainline churchgoers conceptualize both the issue of human trafficking and possible solutions. I extend Michael Young's recent work on the confessional schema motivating evangelical abolitionists in the 1830s. Through analysis of open-ended responses to …

Money From Syar’Iah Perspective, Anowar Zahid

Anowar Zahid

In history, paper money systems have always wound up with collapse and economic chaos. Today, the usage of fiat currency, a form of paper money and the correlate bank money has brought about wide spread hardships and sufferings upon many sectors of society and communities. Following in depth syari’ah analysis, the only conclusion that is possible is that fiat currency and bank money are illegal. They are, in reality, introduced through manipulative collaborations between governments and bank cartels, as they defy the long established sanction against riba’ (usury), operate at the advantage of a selected group in society to the …

Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson

Kenneth Lasson

SACRED COWS, HOLY WARS Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat By Kenneth Lasson Abstract In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights …

Press Definition And The Religion Analogy, Ronnell Andersen Jones

Faculty Scholarship

n a Harvard Law Review Forum response to Professor Sonja West's symposium article, "Press Exceptionalism," Professor RonNell Andersen Jones critiques Professor West's effort to define "the press" for purposes of Press Clause exceptions and addresses the weaknesses of Professor West's analogy to Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC in drawing these definitional lines. The response highlights distinctions between Press Clause and Religion Clause jurisprudence and urges a more functional approach to press definition.

Because I Am, Ann M. Sasala

SURGE

Why?

“Because I am a Republican!”

Why?

“Because I am a Democrat!”

Why?

“Because I am a Christian!”

Why?

In America, religion and politics are not merely taboo dinner topics; it is strongly advised that you don’t discuss either one in nearly all situations. [excerpt]

Legitimation, Mark C. Modak-Truran

Mark C Modak-Truran

This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those …

Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon

Trotter Review

This research article raises the question of whether religion can be considered a viable partner in the reduction of the high rate of recidivism associated with the increasing mass incarceration in the United States. Can sustainable transformation in the life of a prisoner or former prisoner as a result of religious conversion be subjected to evidenced-based practices to derive impartial conclusions about the value of religion in their lives? With a particular focus on three neighborhoods of Boston—Roxbury, Dorchester, and Mattapan—this study examines the relevance of religion and faith-based organizations in lowering the high rate of recidivism associated with incarceration …

Evolving Christian Attitudes Towards Personal And National Self-Defense, David B. Kopel

David B Kopel

This Article analyzes the changes in orthodox Christian attitudes towards defensive violence. While the Article begins in the 19th century and ends in the 21st, most of the Article is about the 20th century. The Article focuses on American Catholicism and on the Vatican, although there is some discussion of American Protestantism.

In the nineteenth and early in the twentieth centuries, the traditional Christian concepts of Just War and of the individual's duty to use force to defend himself and his family remained uncontroversial, as they had been for centuries.

Disillusionment over World War I turned many Catholics and Protestants …

Marriageable Age In Islam: A Study On Marriageable Age Laws And Reforms In Islamic Law, Jeremiah J. Bowden

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

One area of Islamic law that has been subject to much criticism as of late is the practice of child-marriage. Some, preferring to view Islam suspiciously, tend to create a caricature of Muslims as morally depraved individuals who force young daughters into marriages to old men for financial gain. Several polemicists commenting on this practice have hurled virulent epithets toward the Prophet Muhammad, whom they believe to be the originator of this abhorrent practice. After exploring instances where child-marriage still occurs, I will examine how this practice is currently being reformed in a way consistent with Islamic law. Ultimately, I …

The Embodiment Of Tolerance In Discourses And Practices Addressing Cultural Diversity In Schools, The Case Of Cyprus, Nicos Trimikliniotis, Corina Demetriou, Elena Papamichael

Nicos Trimikliniotis

The report examines the processes, methods and Practices of the Cypriot educational system as the

embodiment of tolerance in discourses and practices addressing cultural diversity in schools. These are

mediated by the perceptions of policy makers, the convictions of stakeholders involved in the processes and abilities of and tools made available to educationalists. In examining the nature of the educational system and particularly the way in which the system treats its minoritised individuals and groups, the philosophy which emerges is that of viewing diversity as a disadvantage and a deficiency that needs to be ‘treated’, against a backdrop of essentialising …

Finding A Voice Of Challenge: The State Responds To Religious Women And Their Communities, Marie A. Failinger

Marie A. Failinger

The appropriate response of Western nation-states to the situation of religious women who are caught between democratic norms of gender equality and the demands of their religious community has been a source of tension in many Western nations, including the U.S. This article attempts to give voice to the complex nature of women’s religious conduct as tied to their identities, and to propose alternative ways that the state might further its norms of gender equality besides intrusive regulation of religious communities.

Religion As Rehabilitation? Reflections On Islam In The Correctional Setting, Spearit

Articles

This essay is the keynote lecture from the Muslims in the United States and Beyond symposium at Whittier Law School. The work reflects on the state of research into Islam in prison, including the religion's historic role in supporting inmate rehabilitation and providing a means for coping with life as a prisoner and on the outside.

Sharia Law, Islamophobia And The U.S. Constitution: New Tectonic Plates Of The Culture Wars, Saeed A. Khan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Hard Times For Peace Between Two Internally Divided Societies, Claudia Heiss

Human Rights & Human Welfare

These are not promising days for those who desire peace between Israelis and Palestinians, with two states respected by each other and recognized by the international community, living securely side by side. Richard Falk’s article rightly stresses the negative role played by the US Government in its sharp rejection of the Palestinian bid for statehood at the United Nations Security Council. The problem, however, seems to lie deeper in these complex societies and their current political leaderships.

Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 343. Correspondence, legal papers, financial records and sundry other documents related to Eugene Scott Brown and his father-in-law, Gilbert Marshall Mulligan, attorneys of Scottsville, Allen County, Kentucky. Also includes stray Allen County court records, research notes related to the Civil War, and records about early telephone service in Allen County.

Don’T Split The Baby: How The U.S. Could Avoid Uncertainty And Unnecessary Litigation And Promote Equality By Emulating The British Surrogacy Law Regime, Austin R. Caster

Austin R Caster

This article will show that the United States can protect the rights of the intended parents, the surrogate, and the child while avoiding uncertainty and unnecessary litigation by enacting uniform legislation akin to the United Kingdom’s regime. The first section will examine the history of surrogacy law in the United States, demonstrate the inconsistency of these laws, and suggest that reform is needed. Section two will discuss the United Kingdom’s legislative response to the problem of surrogacy arrangements, which has provided more uniformity despite obstacles similar to those faced in the United States. The third section will illustrate that the …