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

Law Commons

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

Articles 1 - 14 of 14

Full-Text Articles in Law

The First Stone Of The Death Penalty, Bruce Ledewitz Oct 1995

The First Stone Of The Death Penalty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan Sep 1995

God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan

Law Faculty Scholarly Articles

This Article first discusses the judicial deliberations upon the definition of religion. That discussion adopts a chronological sequence because, in legal matters, that is the one that counts.

It can be a tedious, but not particularly difficult task to summarize the legal struggle to define religion. The strategy applied to evaluate the product of that struggle is intellectual triangulation, whereby bearings from two fixed positions are used to specify that of that third. By analogy, the correct definition of "religion" can be identified by finding where the legal efforts intersect with an independent sighting of the same target. Where this …


Cruelly Unusual, Bruce Ledewitz Jan 1995

Cruelly Unusual, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz Jan 1995

Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz Jan 1995

Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs Jan 1995

Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.


The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall Jan 1995

The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall

Faculty Publications

No abstract provided.


Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe Jan 1995

Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe

Faculty Scholarship

Israel's development of constitutional law without a written constitution presents a fascinating picture of how a system, unable to develop a constitution in the usual manner, has developed one in another manner. It shows how innovative lawmaking can be - and sometimes must be - to maintain a democratic political system.


A Fond Farewell, Bruce Ledewitz Jan 1995

A Fond Farewell, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Perspectives On The Law Of The American Sit-In, Bruce Ledewitz Jan 1995

Perspectives On The Law Of The American Sit-In, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein Jan 1995

A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein

Scholarly Works

No abstract provided.


Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick Jan 1995

Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Can This Culture Be Saved? Another Affirmative Action Baby Reflects On Religious Freedom (Review Of The Culture Of Disbelief, How American Law And Politics Trivialize Religious Devotion, By Stephen L. Carter), W. Burlette Carter Jan 1995

Can This Culture Be Saved? Another Affirmative Action Baby Reflects On Religious Freedom (Review Of The Culture Of Disbelief, How American Law And Politics Trivialize Religious Devotion, By Stephen L. Carter), W. Burlette Carter

GW Law Faculty Publications & Other Works

In a critical review of Professor Stephen Carter’s The Culture of Disbelief, this article contends Stephen Carter’s thesis that religion is disrespected in the U.S. lacks support and is inherently defective as a starting point from which to fashion a workable theory of freedom to engage in public religion. It argues that Stephen Carter himself fails to adequately consider minority group religious freedom rights and, thus, trivializes the very religious concerns that he set out to highlight. The article is split into four parts. In Part I, the article gives a basic outline of the trivialization theory. Part II …


Multiple Unities In The Law, Emily A. Hartigan Jan 1995

Multiple Unities In The Law, Emily A. Hartigan

Faculty Articles

In a world newly in touch with its diversity, ethics must struggle with the impact difference has on coherence. There is a crucial dilemma more profound than how to avoid violating the canons of ethics, or how to dodge disciplinary proceedings. For the lawyer in a world of plural ethics—the dilemma posed by the primary tension in ethics today between reason and spirit.

There are multiple unities of meaning in which a lawyer works, a sort of multijurisdictionalism. These multiple unities, these many worlds, are emblematic of a time in which people are recognizing that multiculturalism is not a trendy …