Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Religion Law (11)
- Constitutional Law (7)
- First Amendment (3)
- Law and Philosophy (3)
- Law and Politics (3)
-
- Land Use Law (2)
- Arts and Humanities (1)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Courts (1)
- Education Law (1)
- Fourteenth Amendment (1)
- International Law (1)
- Jurisprudence (1)
- Law and Race (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Public Law and Legal Theory (1)
- Religion (1)
- Religious Thought, Theology and Philosophy of Religion (1)
- Supreme Court of the United States (1)
- Institution
-
- Duquesne University (3)
- University of San Diego (3)
- Pace University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Yeshiva University, Cardozo School of Law (2)
-
- American University Washington College of Law (1)
- Florida International University College of Law (1)
- Notre Dame Law School (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Missouri School of Law (1)
- University of North Carolina School of Law (1)
- Villanova University Charles Widger School of Law (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
The Bright Future Of Gay Marriage, Bruce Ledewitz
The Bright Future Of Gay Marriage, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Iceberg Of Religious Freedom: Subsurface Levels Of Nonestablishment Discourse, Steven Douglas Smith
The Iceberg Of Religious Freedom: Subsurface Levels Of Nonestablishment Discourse, Steven Douglas Smith
University of San Diego Public Law and Legal Theory Research Paper Series
This article discusses three levels of disagreement in establishment clause discourse– or what may be called the “lawyerly,” the “constitutive” (or “culture wars”), and the “philosophical” (or perhaps the “theological”) levels. Disagreement at the first of these levels is everywhere apparent in the way lawyers and justices and scholars write and argue; disagreement at the second level is somewhat less obtrusive but still easily discernible; disagreement at the third level is almost wholly beneath the surface. The manifest indeterminacy of lawyerly arguments suggests that in this area, premises are more likely to be derived from favored conclusions, not the other …
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.
Competing Visions Of The Corporation In Catholic Social Thought, Mark A. Sargent
Competing Visions Of The Corporation In Catholic Social Thought, Mark A. Sargent
Working Paper Series
Catholic Social Thought (CST) is coherent body of principles concerning the organization of social and economic life drawing on the inspiration of natural law, Thomism, the Gospel and the tradition of Christian personalism. While valuing the creative energy of capitalism and its contributions to the production of wealth, it is often highly critical of the inequalities generated by capitalism, its tendency to promote materialistic consumerism and capital's devaluation of the dignity of work. While not easily characterizable as "right" or "left", CST thinking about corporate social responsibility and corporate governance has become split between interpretations emphasizing the importance of economic …
The Death Penalty And Due Process In Biblical Law, Richard H. Hiers
The Death Penalty And Due Process In Biblical Law, Richard H. Hiers
UF Law Faculty Publications
The first part of this article reviews biblical texts that have been (or could plausibly be) read as condemning or repudiating capital punishment. The next, and necessarily more detailed and extensive part, discusses the many texts that explicitly call for, or illustrate application of the death penalty. This section also describes the different prescribed methods for executing offenders, identifies the persons assigned responsibility for carrying out executions, and examines biblical rationales for capital punishment A third part describes a variety of biblical provisions that, using modern legal terminology, may be said to afford certain due process procedures and protections. The …
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The Westchester Day School and the Zoning Board of Appeals (ZBA) of the Village of Mamaroneck were involved with several lawsuits stemming from a rescinded “negative” State Environmental Quality Review Act (SEQRA) determination by the ZBA after local public outcry of the school’s expansion. This article explores the relationship between Religious Land Use and Institutionalized Persons Act (RLUIPA) and land use regulations, and comes to the conclusions that Congress enacted the RLUIPA to ensure religious organization landowners are not singled out to bear the burdens of the general public.
Nonestablishment Under God? The Nonsectarian Principle, Steven Douglas Smith
Nonestablishment Under God? The Nonsectarian Principle, Steven Douglas Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Using as a point of reference the Ninth Circuit's assertion in Newdow v. United States Congress that "[a] profession that we are a nation "under God" is identical, for Establishment Clause purposes, to a profession that we are a nation "under Jesus," a nation "under Vishnu," a nation "under Zeus," or a nation "under no god," this essay attempts to disentangle three themes that the modern discourse of religious freedom often conflates, with baneful effect. We can call these the "public secularism" principle, the "neutrality" principle, and the "nonsectarian principle." The essay argues that the first two of these principles …
The Pluralist Predicament: Contemporary Theorizing In The Law Of Religious Freedom, Steven Douglas Smith
The Pluralist Predicament: Contemporary Theorizing In The Law Of Religious Freedom, Steven Douglas Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Religious pluralism is at once the cause of and a substantial impediment to theorizing about religious freedom. The purpose of theorizing in law is typically to impose order on an unruly collection of phenomena - of seemingly conflicting decisions, or doctrines, or legal arguments - and to do so by articulating and elaborating the foundational truths that govern the subject in question. In a condition of religious pluralism, however, theorists typically suppose that it is impermissible to appeal to contested religious beliefs. But these are the very beliefs that would provide the natural foundations for thinking about the proper relation …
Justice Harlan’S Law And Democracy, Bruce Ledewitz
Justice Harlan’S Law And Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
International Law And Religion In Latin America: The Beagle Channel Dispute, M C. Mirow
International Law And Religion In Latin America: The Beagle Channel Dispute, M C. Mirow
Faculty Publications
In 1978, an Argentine diplomat proposed a method of defusing a territorial dispute that very nearly sparked off a war between Argentina and Chile, It,was an offer calculated to be rejected by Chile, and yet Chile’s immediate response was “Agreed” - a response so unthinkable to Argentina that within hours its military Junta revoked the power of the Foreign Minister and the President to sign the agreement it had just proposed. In December 1978, the countries were quickly moving towards a war that, if waged, would most likely have engulfed much of Latin America. The Vatican, however, intervened and brought …
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
Separation, Neutrality, And Clergy Liability For Sexual Misconduct, William P. Marshall
Faculty Publications
No abstract provided.
Dissent And Disestablishment: The Church/State Settlement Of The New American Republic, Carl H. Esbeck
Dissent And Disestablishment: The Church/State Settlement Of The New American Republic, Carl H. Esbeck
Faculty Publications
This paper has two aims. They are more in the nature of history than law. The first aim is to show that since the fourth century Western civilization has presupposed that there are not one but two sovereigns. Each has a jurisdiction of legitimate operation, and while there are areas of shared cognizance, there are other subject matter areas in which each is noncompetent to perform the tasks of the other. The second aim of this paper is to uncover historical figures that advanced a proposition concerning religious freedom that became the American church-state settlement.
A Constitution For Everyone, Bruce Ledewitz
A Constitution For Everyone, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine
Taking Prosecutorial Ethics Seriously: A Consideration Of The Prosecutor's Ethical Obligation To Seek Justice In A Comparative Analytical Framework, Samuel J. Levine
Scholarly Works
This article examines the complex nature of the prosecutor's broad obligation to seek justice through a consideration of the similarly broad directive in Jewish law requiring that "in all [of] your ways acknowledge [God]." While many have critiqued the broad directives governing a prosecutor's ethical duties, through this comparative analytical framework it can be seen that the prosecutor's broad ethical directive to seek justice serves as a workable and appropriate standard for prosecutorial ethics. In many ways, a prosecutor faces an ethical obligation unlike other attorneys. Ethical obligations require that a prosecutor forgo conduct that would increase the likelihood of …
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen
Publications
This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from generally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith II's hybridity exception, thus meriting heightened judicial scrutiny and increased solicitude from courts.
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases Of The 2002 Term (Symposium: The Fifteenth Annual Supreme Court Review), Eileen Kaufman
Scholarly Works
No abstract provided.
Training For Justice: The Global Reach Of Clinical Legal Education, Richard J. Wilson
Training For Justice: The Global Reach Of Clinical Legal Education, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Truth And Illusion, Suzanne Last Stone
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Journal Articles
Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …
Symposium: Suzanne Last Stone, Suzanne Last Stone