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Full-Text Articles in Law

Islam And The Death Penalty, William A. Schabas Dec 2000

Islam And The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

Capital punishment is not practiced by a majority of the world's states. Anti-capital punishment domestic policies have led to an international law of human rights that emphatically prohibits cruel and inhuman punishment. International concern for the abolition of capital punishment has prompted Islamic states that still endorse and practice the death penalty to respond with equally compelling concerns based on the tenets of Islamic law. Professor William A. Schabas suggests that Islamic states view capital punishment according to the principles embodied in the Koran. Islamic law functions on the belief that all people have a right to life unless the …


Ethics In Academia, Diether Haenicke Dec 2000

Ethics In Academia, Diether Haenicke

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society Dec 2000

Ethics In Academia, 2000, Wmu Center Of The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd Dec 2000

Walking The Walk --- The Reality Of Ethics In The University Presidency, Elson Floyd

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


The Ethics Center At Fifteen Years, Michael Pritchard Dec 2000

The Ethics Center At Fifteen Years, Michael Pritchard

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens Dec 2000

The Quality Of Mercy, The Public Trust, And Ethical Issues In Higher Education, Elise Bickford Jorgens

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Religious Organizations And The Death Penalty, Robert F. Drinan Dec 2000

Religious Organizations And The Death Penalty, Robert F. Drinan

William & Mary Bill of Rights Journal

Over the past several years, many questions have been raised concerning the application and effectiveness of the death penalty. Ironically, the Catholic Church, a long-time supporter of the death penalty, has become one of the most vocal critics of the death penalty. In this Essay, Father Robert F. Drinan documents the Church's new-found opposition to the death penalty, and discusses the influence the Church will have on the future of the death penalty.


God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas Dec 2000

God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas

William & Mary Bill of Rights Journal

In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …


Religious Neutrality And The Death Penalty, Arnold H. Loewy Dec 2000

Religious Neutrality And The Death Penalty, Arnold H. Loewy

William & Mary Bill of Rights Journal

Cases involving the Establishment of Religion Clause predominantly emphasize religious neutrality. Believing this to be normatively correct, Professor Loewy argues for religious neutrality in capital punishment cases. In accordance therewith, he would uphold religious peremptory challenges where a juror's religious belief is related to her death penalty perspective. Professor Loewy agrees with the courts'general willingness to disallow religion as an aggravating factor while allowing it as a mitigating factor. This dichotomy comports with the neutrality principle because aggravating factors, in general, are limited whereas mitigating factors are unlimited.


The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet Dec 2000

The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet

William & Mary Bill of Rights Journal

In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation's progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty's efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that …


Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine Dec 2000

Capital Punishments And Religious Arguments: An Intermediate Approach, Samuel J. Levine

William & Mary Bill of Rights Journal

Determining the place and use of capital punishment in the American legal system is a challenging affair and one that is closely associated with and determined by religion's role in American legal decision-making. Both capital punishment and religion are controversial issues, and tend to challenge legal scholars and practitioners about whether they should function together or alone as valid parts of the legal system in the United States. Professor Levine argues that religious arguments should be employed to interpret and explain American legal thought when the need or proper situation arises. He uses capital punishment as an example of how …


Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson Dec 2000

Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson

William & Mary Bill of Rights Journal

No abstract provided.


Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young Dec 2000

Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young

William & Mary Bill of Rights Journal

This Paper explores the impact of the belief structure among white fundamentalist denominations on the support for the death penalty. Professor Robert L. Young observes that the tenets of fundamentalism, as well as the great extent that fundamentalists conform to the positions of their clergy, support this link between fundamentalism and a punitive orientation toward wrongdoers. Professor Young explains that members in white fundamentalist churches, to a greater extent than others, are inclined toward a negative view of human nature, which in turn leads to the belief that letting the guilty go free is a more serious mistake than convicting …


Clark Memorandum: Fall 2000, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 2000

Clark Memorandum: Fall 2000, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Uzbekistan: Islam, Communism, And Religious Liberty--An Appraisal Of Uzbekistan's 1998 Law "On Freedom Of Conscience And Religious Organizations", Grant Garrard Beckwith Sep 2000

Uzbekistan: Islam, Communism, And Religious Liberty--An Appraisal Of Uzbekistan's 1998 Law "On Freedom Of Conscience And Religious Organizations", Grant Garrard Beckwith

BYU Law Review

No abstract provided.


The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii Sep 2000

The Coptic Church In Egypt: A Comment On Protecting Religious Minorities Fiom Nonstate Discrimination, Scott Kent Brown Ii

BYU Law Review

No abstract provided.


Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith Sep 2000

Liberte, Egalite, Et Fraternite At Risk For New Religious Movements In France, Hannah Clayson Smith

BYU Law Review

No abstract provided.


Human Rights, Foreign Policy, And Religious Belief: An Asiaflacific Perspective, Pamela A. Jefferies Sep 2000

Human Rights, Foreign Policy, And Religious Belief: An Asiaflacific Perspective, Pamela A. Jefferies

BYU Law Review

No abstract provided.


Religions, Human Rights, And Civil Society: Lessons From The Seventeenth Century For The Twenty-First Century, J. Paul Martin Sep 2000

Religions, Human Rights, And Civil Society: Lessons From The Seventeenth Century For The Twenty-First Century, J. Paul Martin

BYU Law Review

No abstract provided.


Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo Sep 2000

Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo

BYU Law Review

No abstract provided.


How Children And Adolescents Relate To Nature, Patricia Nevers May 2000

How Children And Adolescents Relate To Nature, Patricia Nevers

Center for the Study of Ethics in Society Papers

Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, September 21,1999.


Trends. United States Foreign Policy, Iran, And Mirror Imaging, Ibpp Editor Apr 2000

Trends. United States Foreign Policy, Iran, And Mirror Imaging, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the tension between the rule of law and democracy vs. religious authority in the context of international relations between the United States and Iran.


Clark Memorandum: Spring 2000, J. Reuben Clark Law Society, J. Reuben Clark Law School Apr 2000

Clark Memorandum: Spring 2000, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein Jan 2000

Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


Integrating Spiritual Perspectives With The Law School Experience: An Essay And Invitation, Lucia A. Silecchia Jan 2000

Integrating Spiritual Perspectives With The Law School Experience: An Essay And Invitation, Lucia A. Silecchia

Scholarly Articles

Reports of burn-out, disillusionment, and stress abound in modern literature as the legal profession faces a period of rapid change and sobering self-reflection on the ways in which it should operate as an honorable and noble profession.

In a seemingly unrelated development, there is a steadily growing interest in the spirituality of modern professional life. As those in other fields have also grappled with both outward critique and inward self-reflection, the past several years have seen a renewed interest in the spiritual aspects of worldly occupations. As time goes on and interest in spirituality and professional life increases, the legal …


Reflections On The Future Of Social Justice, Lucia A. Silecchia Jan 2000

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Scholarly Articles

This article reflects on the nature of the key social justice questions of our time. It then explores five broad principles of Catholic social thought that may be brought to bear on those questions.


More's Skill, Thomas L. Shaffer Jan 2000

More's Skill, Thomas L. Shaffer

Journal Articles

Robert Bolt chose a phrase from a sixteenth century poet named Robert Whittinton for the title of his modem play about Thomas More: "[A] man of an angel's wit and singular learning; I know not his fellow. For where is the man of that gentleness, lowliness, and affability? And as time requireth a man of marvellous mirth and pastimes; and sometimes of as sad gravity: a man for all seasons."

Bolt's title suggests that he took a gamble on the possibility that More would have modern, universal appeal. I have been interested in how that gamble worked out. If you …


"Out Of Zion Shall Go Forth The Law", Nathan B. Oman Jan 2000

"Out Of Zion Shall Go Forth The Law", Nathan B. Oman

Faculty Publications

No abstract provided.