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Full-Text Articles in Law
Israel’S Rosit The Riveter: Between Secular Law And Jewish Law, Pnina Lahav
Israel’S Rosit The Riveter: Between Secular Law And Jewish Law, Pnina Lahav
Faculty Scholarship
In the world of Judaism, the “end of men” is not in sight. Surely, tectonic plates are sliding and shifting, and a great deal of change is unfolding, but men are fighting hard to keep patriarchy alive. Deep inside, the Orthodox patriarchal man may be motivated by the sheer impulse to maintain his power, but outwardly he projects a profound commitment to his religious law, the law of God. He believes that his fight is a noble one ordained by divine will and that God is on his side. The problem is global; it appears in every Jewish community around …
Some Thoughts On The First Amendment's Religion Clauses And Abner Greene's Against Obligation, With Reference To Patton Oswalt's Character 'Paul From Staten Island' In The Film Big Fan, Jay D. Wexler
Faculty Scholarship
In this short contribution to a symposium held at Boston University in the fall of 2012, I review Abner Greene's recent book Against Obligation by considering whether Greene's broad theory of freedom from state obligations under the Free Exercise Clause of the First Amendment would protect the maniacal New York Giants fan "Paul from Staten Island," portrayed by the ridiculously talented Patton Oswalt in Robert Siegel's hilarious film "Big Fan." I also explain how I use the film in my Law and Religion class to teach the Free Exercise Clause and the deeply perplexing question of how the word "religion" …
Due Process In Islamic Criminal Law, Sadiq Reza
Due Process In Islamic Criminal Law, Sadiq Reza
Faculty Scholarship
Rules and principles of due process in criminal law--how to, and how not to, investigate crime and criminal suspects, prosecute the accused, adjudicate criminal cases, and punish the convicted--appear in the traditional sources of Islamic law: the Quran, the Sunna, and classical jurisprudence. But few of these rules and principles are followed in the modern-day practice of Islamic criminal law. Rather, states that claim to practice Islamic criminal law today mostly follow laws and practices of criminal procedure that were adopted from European nations in the twentieth century, without reference to the constraints and protections of Islamic law itself. To …