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2020

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Full-Text Articles in Law

What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz Dec 2020

What Can Democrats Learn From Trump’S 2020 Performance?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


What Will A Post-Trump U.S. Supreme Court Look Like? It Might Not Be All That Bad For Liberals, Bruce Ledewitz Dec 2020

What Will A Post-Trump U.S. Supreme Court Look Like? It Might Not Be All That Bad For Liberals, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Electoral College Is Dangerously Vulnerable To Manipulation. It's Time To Fix It, Bruce Ledewitz Dec 2020

The Electoral College Is Dangerously Vulnerable To Manipulation. It's Time To Fix It, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril Dec 2020

The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril

Northwestern Journal of Law & Social Policy

This article addresses the Trump administration’s consistent misinterpretation and misapplication of legal precedent to support unnecessary religious exemptions that exceed Constitutional mandates and impair the rights of third parties to access federal services and programs. Proponents of this routinized repeal of civil rights protections argue that the Trump administration is merely restoring the correct balance of religious liberties in the federal government. However, the regulations and policies included in this campaign unconstitutionally broaden the already robust religious protections provided by statutes and court decisions and have the effect of dismantling the civil rights infrastructure of the past 50 years.

Despite …


This Year’S Divided Electorate Is A Reminder Of Why We Need Workable, Governing Majorities, Bruce Ledewitz Nov 2020

This Year’S Divided Electorate Is A Reminder Of Why We Need Workable, Governing Majorities, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Alito, Conservative Justices Are Fighting Old Ghosts In Pa. Count All The Ballots, Bruce Ledewitz Nov 2020

Alito, Conservative Justices Are Fighting Old Ghosts In Pa. Count All The Ballots, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


We Need Independent Judicial Review. We Don’T Need The Filibuster. Let's Get Rid Of It, Bruce Ledewitz Oct 2020

We Need Independent Judicial Review. We Don’T Need The Filibuster. Let's Get Rid Of It, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


State Regulation Of Religion: The Effect Of Religious Freedom On Muslims' Religiosity, Hannah M. Ridge Oct 2020

State Regulation Of Religion: The Effect Of Religious Freedom On Muslims' Religiosity, Hannah M. Ridge

Political Science Faculty Articles and Research

Substantial scholarship argues that regulation of religion suppresses religiosity in a community by reducing individuals’ satisfaction with their religious experience. To date this research has assumed that regulations are enforced on and affect religious communities uniformly. It has also focused heavily on Western Christian populations and aggregated national data. We suggest that state regulation of religious communities and behaviours impacts citizens differently based on their affiliation. Using individual-level assessments of freedom and religiosity from Muslim-majority countries, we show that, at the individual level, restricting freedom suppresses religious belief and behaviour. Restrictions on religious minorities, however, can increase religiosity. As such, …


The One Religious Question That Amy Coney Barrett Shouldn’T Have To Answer, Bruce Ledewitz Oct 2020

The One Religious Question That Amy Coney Barrett Shouldn’T Have To Answer, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine Oct 2020

Hands-Off Religion In The Early Months Of Covid-19, Samuel J. Levine

Scholarly Works

For decades, scholars have documented the United States Supreme Court’s “hands-off approach” to questions of religious practice and belief, pursuant to which the Court has repeatedly declared that judges are precluded from making decisions that require evaluating and determining the substance of religious doctrine. At the same time, many scholars have criticized this approach, for a variety of reasons. The early months of the COVID-19 outbreak brought these issues to the forefront, both directly, in disputes over limitations on religious gatherings due to the virus, and indirectly, as the Supreme Court decided important cases turning on religious doctrine. Taken together, …


Criminological Description Of Crimes Related To Terrorism And Their Causes, Jamshid Ibrohimov Sep 2020

Criminological Description Of Crimes Related To Terrorism And Their Causes, Jamshid Ibrohimov

Review of law sciences

Terrorism is the most dangerous and difficult vocation of our time. In order to solve this social problem, it is necessary first of all to know exactly what terrorism is, its plot, essence, why and by whom it is used as a tool in the fight against terrorism. It is worth noting that now the fact that the identity of the terrorist was not described as a Fox, is one of the main problems in science. In this case, it is also very important to pay attention to the various data on the delivery of mercenaries maksad in the case …


Mcconnell’S Lust To Control The Supreme Court Could Destroy It, Bruce Ledewitz Sep 2020

Mcconnell’S Lust To Control The Supreme Court Could Destroy It, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Political Tribalism Is Trumping Accountability. That’S Bad For Democracy, Bruce Ledewitz Sep 2020

Political Tribalism Is Trumping Accountability. That’S Bad For Democracy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2020

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber Sep 2020

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …


Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law Sep 2020

Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Defeating The Scourge Of Terrorism: How Soft Law Instruments In Singapore Can Develop Societal Trust And Promote Cooperative Norms, Tan K. B. Eugene Sep 2020

Defeating The Scourge Of Terrorism: How Soft Law Instruments In Singapore Can Develop Societal Trust And Promote Cooperative Norms, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The maintenance of a ‘moderate, mainstream’ Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern in multiracial, multi-religious societies post9/11. In light of the global concern, and often paranoia, with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilisation” between the Muslim world and the modern world. Singapore has taken a broad-based community approach in advancing interreligious tolerance, including a subtle initiative to include the putative Muslim civil society in advancing …


Here’S Everything Libertarians Like Russ Diamond Get Wrong About Mask-Wearing, Bruce Ledewitz Aug 2020

Here’S Everything Libertarians Like Russ Diamond Get Wrong About Mask-Wearing, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


N.Y.’S James Is Right To Go After The Nra For Fraud And Malfeasance. Seeking To Dissolve It Is A Step Too Far., Bruce Ledewitz Aug 2020

N.Y.’S James Is Right To Go After The Nra For Fraud And Malfeasance. Seeking To Dissolve It Is A Step Too Far., Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Temporary Protection Status: A Yugoslavian Precedent, Medina Dzubur Aug 2020

Temporary Protection Status: A Yugoslavian Precedent, Medina Dzubur

Indiana Journal of Global Legal Studies

Analyzing the past use of temporary protection status to shield those facing "ethnic cleansing, massacres, mass rapes, and cultural vandalism" is fundamental in understanding how this tool can be utilized to protect modern refugees, and why EU members have refused to implement this status further. In other words, should temporary protection status, considering the legal framework and the socioeconomic effects, be granted to Syrian refugees? This note argues in favor of granting temporary protection status to Syrian refugees because the status (1) offers a recourse for displaced persons that would not be covered by traditional legal protections, (2) produces quicker …


When Freedom Of Speech Comes At A Cost: A Case Study Of E.S. V. Austria, Rachael Taylor Aug 2020

When Freedom Of Speech Comes At A Cost: A Case Study Of E.S. V. Austria, Rachael Taylor

Indiana Journal of Global Legal Studies

In the fall of 2018, the European Court of Human Rights (ECtHR) issued a decision upholding the criminal conviction of an Austrian national (E.S.) in violation of Austria's Criminal Code against the disparagement of religious doctrines. Her initial conviction in the Austrian court was based on statements she made about the Prophet Muhammad while teaching a series of seminars entitled "Basic Information on Islam." In upholding her conviction, the ECtHR found that there had been no violation of the Austrian's right to freedom of expression under Article 10 of the European Convention for the Protection of Human Rights (Convention), and …


In Harrisburg And D.C., The Gop Meddling With Our Courts Is A Threat To Democracy, Bruce Ledewitz Jul 2020

In Harrisburg And D.C., The Gop Meddling With Our Courts Is A Threat To Democracy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


If We’Re Serious About Protecting Religious Liberty, We Need Universal Healthcare, Bruce Ledewitz Jul 2020

If We’Re Serious About Protecting Religious Liberty, We Need Universal Healthcare, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Are We Witnessing The Death Of Reason And Truth In American Public Life?, Bruce Ledewitz Jul 2020

Are We Witnessing The Death Of Reason And Truth In American Public Life?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Racism Is White People’S Fault. It’S Our Responsibility To End It, Bruce Ledewitz Jun 2020

Racism Is White People’S Fault. It’S Our Responsibility To End It, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh Jun 2020

Contracts And The Constitution In Conflict: Why Judicial Deference To Religious Upbringing Clauses Infringes On The First Amendment, Elica Zadeh

Pepperdine Law Review

When a Hasidic person files for divorce under New York law, either party to the marriage may invoke a declaratory judgment action to establish certain rights in a settlement agreement. If children are involved, such an agreement may include a religious upbringing clause, dictating that the child is to be raised in accordance with their then-existing religion—Hasidism. Deviation from the contract risks removal from the aberrant parent who intentionally or unwittingly allows the child to wane into secularism. Although the child’s best interest is the cornerstone of custodial analysis, a problem emerges when his or her best interest is couched …


First Amendment “Harms”, Stephanie H. Barclay Apr 2020

First Amendment “Harms”, Stephanie H. Barclay

Indiana Law Journal

What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition of harm …


المسؤولية الاجتماعية بين المفهومين التقليدي والحديث, Mohamed A. Kozy Apr 2020

المسؤولية الاجتماعية بين المفهومين التقليدي والحديث, Mohamed A. Kozy

BAU Journal - Society, Culture and Human Behavior

There is a wrong belief that the social responsibility is a modern concept that started in the twentieth century and the fact is that this concept started at the dawn of religions. Prophets preached for good moral, ethics value and deed. Today there is a dedicated date for the social responsibility, which is the 25th of September. Since we currently live in a rapidly changing world, the concept of social responsibility was not an exception and the change applied to it manifested in companies and corporates that started applying the new concept to reflect a beautiful image on its interaction …


Criminal Liability For Murder In The Avesta, K. Abzalova Apr 2020

Criminal Liability For Murder In The Avesta, K. Abzalova

Review of law sciences

In this article, the author analyzes the features of criminal liability for premeditated murder according to Avesta. The author notes that premeditated murder was considered a grave sin. At the end of the article, the corresponding conclusions were drawn.


The Role Of Religious Organizations In The System Of Institutes Of Civil Society, F. Rashidov Apr 2020

The Role Of Religious Organizations In The System Of Institutes Of Civil Society, F. Rashidov

Review of law sciences

This article discusses the concepts of religion and religious organizations, the role of religious organizations as an institution of civil society in maintaining peace and stability in the context of globalization, their relationship with other organizations, their attitude to religion in a secular state, and the work in the field of Islamic education carried out in The Republic of Uzbekistan also draws attention to existing problems in the field of freedom of religion and conscience, and their solutions