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Full-Text Articles in Law
Is Modern Legal Liberalism Still Compatible With Free Exercise Of Religion?, Donald R. Mcconnell
Is Modern Legal Liberalism Still Compatible With Free Exercise Of Religion?, Donald R. Mcconnell
Campbell Law Review
Classic liberal legal thought has clearly been shaped by the influence of Christianity. But in recent years, the movement, like ancient Gnosticism, has some Christian elements, but has become a decidedly anti-Christian force in the courts. This comparison tracks well with the analysis of other parallel modern intellectual movements by the political scientist Eric Voegelin. It is also supported by current events such as the recent Federal District Court opinion by Chief Judge Vaughn Walker in Perry v. Schwartzenegger. Liberalism has transformed from an attempt at neutrality, to an established religion that not only promotes its own perverse version of …
Between Liberalism And Theocracy, John D. Inazu
Between Liberalism And Theocracy, John D. Inazu
Campbell Law Review
Our symposium conveners have focused us on "the relationship between liberalism and Christianity and their influence on American constitutionalism."' My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for navigating the relationship between church and state.' By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), I hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are …
Were The Framers - And The Writers Who Influenced Them - Unable To Foresee The Extent Of Secularization That Could Result From The Separation Of Church And State?, Teresa M. Blake
Campbell Law Review
While the United States is filled with religious sects, denominations, worshippers, and even fanatics, the truth is that American society has become largely secular.' When analyzing society's trend toward secularization from a legal perspective, it is only natural to begin with the Establishment Clause of the First Amendment 2-the clause responsible for the separation of church and state. But is today's secular society really the brainchild of the Framers of the Constitution? Or is it an unintended result that was far beyond their realm of foreseeability? This Comment addresses these questions by surveying the writings of several influential Constitutional Framers. …
From Rosenberger To Martinez: Why The Rise Of Hyper-Modernism Is A Bad Thing For Religious Freedom, Timothy P. Lendino
From Rosenberger To Martinez: Why The Rise Of Hyper-Modernism Is A Bad Thing For Religious Freedom, Timothy P. Lendino
Campbell Law Review
This Comment will argue that what has been flying under the banner of "postmodernism" is actually an intensification of modem paradigms. Moreover, hyper-modernism is not a friend to religious freedom. Instead, the Court held in Martinez that the ideologies of "diversity," "non-discrimination," and "non-commitment" trump religious freedom.' Postmodernists and Christians alike should find this objectionable. Additionally, the Martinez decision raises serious questions about the socalled rise of postmodern thought and its impact, at least in the minds of all nine Supreme Court justices. This decision may only mark the beginning of a rise in hyper-modern Religion Clause jurisprudence. At the …
"It Is Much Easier To Find Fault With Others, Than To Be Faultless Ourselves": Contributory Negligence As A Bar To A Claim For Breach Of The Implied Warranty Of Merchantability, William B. L. Little
"It Is Much Easier To Find Fault With Others, Than To Be Faultless Ourselves": Contributory Negligence As A Bar To A Claim For Breach Of The Implied Warranty Of Merchantability, William B. L. Little
Campbell Law Review
To better understand the policy underpinnings of the statutory bar of certain implied warranty merchantability claims, this Article first reviews the origins and the continued vibrancy of the doctrine of contributory negligence in North Carolina. The doctrine is then examined in the context of North Carolina's enactment of the Products Liability Act and the doctrine's applicability to the implied warranty of merchantability.
When Two "Rights" Make A Wrong: The Protection Of Nonsmokers' Rights In The Workplace, Donna C. Stroud
When Two "Rights" Make A Wrong: The Protection Of Nonsmokers' Rights In The Workplace, Donna C. Stroud
Campbell Law Review
This Article will deal with the protection of nonsmokers' rights with emphasis on the special problems faced by nonsmokers in North Carolina. Nonsmokers need a way to be assured of a safe workplace and of job security despite the fact that tobacco is of great importance in the state's economy. Nonsmokers need remedies to pursue if they are harmed by exposure to smoke. Also, employers need to be aware of the liability ramifications of nonsmokers' rights and of how to protect their employees.