Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell May 1994

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell

Michigan Law Review

A Review of The Politics of Virtue: Is Abortion Debatable? by Elizabeth Mensch and Alan Freeman


The Multicultures Of Belief And Disbelief, Sanford Levinson May 1994

The Multicultures Of Belief And Disbelief, Sanford Levinson

Michigan Law Review

A Review of Battleground: One Mother's Crusade, the Religious Right, and the Struggle for Control of Our Classrooms by Stephen Bates and The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion by Stephen L. Carter


Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi Jan 1994

Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi

Michigan Journal of International Law

The purpose of this Note is to analyze the institution of mut'a critically, but objectively. It is important to first understand that it is possible to learn something from this institution. The sanctioning of temporary marriages illustrates the pervasive role of law as a method of social control, a characteristic which has parallels in the West. Furthermore, the institution may be challenged on its merits. For example, this Note intends to illustrate how the lack of formalism and the presence of great ambiguity in the institution have contributed to its lack of acceptance in Iranian society. The institution's ...


Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer Jan 1994

Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer

Michigan Journal of International Law

This article examines the recent trend proposing that Islam and Islamic culture mandate a distinctive approach to human rights. It offers critical assessments of selected civil and political rights in two recent products of this trend: (1) the 1990 Cairo Declaration on Human Rights in Islam, issued by the Organization of the Islamic Conference and endorsed by Iran and Saudi Arabia; and (2) the rights provisions in the Saudi Arabian Basic Law promulgated in 1992. These legislative initiatives will be examined in conjunction with constructs of an Islamic culture necessarily at odds with international human rights norms. These constructs have ...


As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune Jan 1994

As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune

Michigan Journal of International Law

This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine ...


Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams Jan 1994

Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams

Michigan Journal of International Law

Review of Black Hundred: The Rise of the Extreme Right in Russia by Walter Laquer, and Free to Hate: The Rise of the Extreme Right in Russia by Paul Hockenos


Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo Jan 1994

Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo

Michigan Journal of International Law

This article will discuss in greater detail the profound defects of the Court's Zacarias decision. Section I will discuss the interpretation of key provisions of the 1980 Refugee Act, and describe the case of Jairo Elias Zacarias. Section II will review the plain language and legislative intent of the Act, including the congressional purpose of conforming to the 1967 Protocol. Section III will consider issues of burden of proof, and will examine the substantive impact which Zacarias has had on refugee cases. Section IV will focus on religious persecution as a paradigm of the inadequacy of an intent-based requirement ...