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2006

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Articles 121 - 131 of 131

Full-Text Articles in Law

Pluralism And Public Legal Reason, Lawrence B. Solum Jan 2006

Pluralism And Public Legal Reason, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

What role does and should religion play in the legal sphere of a modern liberal democracy? Does religion threaten to create divisions that would undermine the stability of the constitutional order? Or is religious disagreement itself a force that works to create consensus on some of the core commitments of constitutionalism--liberty of conscience, toleration, limited government, and the rule of law? This essay explores these questions from the perspectives of contemporary political philosophy and constitutional theory. The thesis of the essay is that pluralism--the diversity of religious and secular conceptions of the good--can and should work as a force for …


Kennewick Man And The Meaning Of Life, Steven Goldberg Jan 2006

Kennewick Man And The Meaning Of Life, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

When Native Americans and scientists clashed over ownership of the ancient remains of Kennewick Man it was, in part, a dispute between the needs of the traditional culture and those of the modern research establishment. But more was at stake. The Native Americans wanted to rebury the remains because their emotional relationship with Kennewick Man is tied to their view of their origins. But the scientists also had an emotional attachment to the scientific position. The question of who were the First Americans satisfies a yearning for scientific origin stories. The dispute here parallels the controversy over evolution. Creationists care …


Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry Dec 2005

Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry

Patrick M. Garry

The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …


Panel On Religion, Freedom Of Expression And Cultural Conflict, Aric Short Dec 2005

Panel On Religion, Freedom Of Expression And Cultural Conflict, Aric Short

Aric Short

No abstract provided.


Debate On Religion In The Public Square, Aric Short Dec 2005

Debate On Religion In The Public Square, Aric Short

Aric Short

No abstract provided.


Beyond Worship: The Religious Land Use And Institutionalized Persons Act Of 2000 And Religious Institutions' Auxiliary Uses, Sara Bronin Dec 2005

Beyond Worship: The Religious Land Use And Institutionalized Persons Act Of 2000 And Religious Institutions' Auxiliary Uses, Sara Bronin

Sara C. Bronin

Religious institutions have long offered their congregants services that go beyond worship. Particularly in the last two decades, they have begun expanding far beyond their traditional offerings to a wider and more diverse array of auxiliary uses - non-worship uses that are affiliated with a religious institution. (One type of large religious institution, the megachurch, is fast gaining members by offering schools, community centers, dining facilities, even movie theaters and gymnasiums.) Government has long granted special protections to the worship uses of religious institutions. A recent federal law - the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) …


Judaism And John Paul Ii: Coming To Grips With What Law Means In The Hands Of God, Randy Lee Dec 2005

Judaism And John Paul Ii: Coming To Grips With What Law Means In The Hands Of God, Randy Lee

Randy Lee

Throughout his papacy, Paul John Paul II stressed the necessity for Catholics to learn from their “elder brothers,” the Jews, both so Catholics would better understand their world and also so they could better understand their own Catholic faith. Throughout his own life, Pope John Paul II learned five lessons about law from his Jewish brothers and sisters. First, he learned that law should be made not as men are inclined to make it, “carried away on the tumultuous wave of self-interest and instinct,” but that law must be made as God makes it. Second, in the spirit of God, …


Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha Dec 2005

Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A. Introdução I. Da Lei à Doutrina II. Da Pessoa III. Do Personalismo B. Delimitação IV. Aspectos Objectivos da Personalidade V. Subjectividade e Personalidade VI. Etapas e Âmbito da Personalidade VII. Fundamento do Direito de Personalidade VIII. Direitos de Personalidade e Direitos Fundamentais C. Conclusão IX. Desafios Metodológicos aos Direitos de Personalidade


Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha Dec 2005

Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Many readings have been proposed of the Politeia. We propose here a brief reflection of the intertextual type, not upon the theme or main themes of this work, but more precisely in search of aspects that also seem to have acquired a posterity (or at any rate a universality that allows for the detection of coincidences). It is not merely that Plato’s great utopian ideas have found an echo in later authors, as one the most important of western politico-philosophical canons. It is also that some topics and arguments that appear through this richly magnificent dialogue seem to have had …


If I Were A Corporation, I'D Be A Constitutional Person, Too, Charles I. Lugosi Dec 2005

If I Were A Corporation, I'D Be A Constitutional Person, Too, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.


When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi Dec 2005

When Abortion Was A Crime: A Historical Perspective, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.