Law Commons^™

Merry Season’S Controversy, Lorin Geitner

Lorin C. Geitner

Discussion of the infamous "Christmas Controversy" – the legality of religious symbols in holiday displays on public land. This issue is examined both from the viewpoint of an attorney and a scholar of religion: From a legal point of view, the article examines the holdings of three major Supreme Court cases which have addressed this issue. From the viewpoint of religious scholarship, the article examined the relevant sociology of religion, which is also an important factor in accounting for why, in spite of settled precedents, this issue remains controversial.

Rethinking Religion And Public School Education, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

“Command And Coercion”: Clerical Immunity, Scandal, And The Sex Abuse Crisis In The Roman Catholic Church, John F. Wirenius

John F. Wirenius

The sex abuse crisis in the Catholic Church has occasioned much scandal, but also much confusion, as trusted institutions and individuals seem to be willfully thwarting criminal investigation and prosecution of terrible crimes. This Article looks at the historical and theological underpinnings of the belief in clerical immunity from secular law, its role in the response to allegations of sexual abuse by clergy, and at the modern effort to engraft clerical immunity into the First Amendment’s Free Exercise Clause under the “Church Autonomy” doctrine.

Consulting The Architect When Problems Arise – The Divine Law, Brian M. Mccall

Brian M McCall

The Corporation As Imperfect Society, Brian M. Mccall

Brian M McCall

Corporations are ubiquitous in modern society. They pervade every aspect of our life, consumer, professional, investment activity. Probably, people have more contact with corporations on a daily basis than any other institution, including government. From the South Sea Bubble to the Stock market Crash of 1929 to Enron to General Motors and Countrywide Mortgage, corporate scandals and controversies invite fundamental questions about corporate law. This article attempts to bring a fresh perspective to the question: “what is a corporation and how should the law treat it?” The article articulates a corporate metaphysics rooted in political philosophy. The dominant models of …

Religion And Sports In The Undergraduate Classroom: A Surefire Way To Spark Student Interest, Adam Epstein

Adam Epstein

The purpose of this pedagogical piece is to present an opportunity to discuss religion in the context of sports as a means of generating classroom discussion and prompting extra-curricular reading on topics pertaining to business law primarily at the undergraduate level. A discussion of religion and sports provides one avenue to pursue exploration of the free exercise and establishment clauses. Examples are provided in the intercollegiate, interscholastic and professional sport contexts. The article also provides a brief primer on the First Amendment generally, outlining some of the classic Supreme Court cases. The article then discusses a series of cases involving …