Law Commons^™

Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez

Journal of the National Association of Administrative Law Judiciary

This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

America's Homeschool Lobby, Harrison Parker

Capstones

An NYC News Service examination of public filings and other documents shows the HSLDA and its state allies, while pushing to increase homeschooling, simultaneously pushes for legislative changes that have seemingly nothing to do with homeschooling -- in the past year alone, it has been fighting vaccination requirements, opposing a national child abuse registry and limiting the ability of children to get medical treatment.

Link: https://harry-parker.com/2022/01/16/homeschool-lobby/

Amen Over All Men: The Supreme Court’S Preservation Of Religious Rights And What That Means For Fulton V. City Of Philadelphia, Christopher Manettas

Journal of Race, Gender, and Ethnicity

No abstract provided.

Blending Scripture And The Law: The Lack Of Christian Law And The Dangers It Presents In Christian Arbitration, Emily Holland

Pepperdine Dispute Resolution Law Journal

This paper will examine the ways in which a lack of an established substantive law within the Christian faith tradition affects the Christian arbitration process and explore the possible means to address these issues. It will outline the history and functions of Christian tribunals, highlighting the unique space within the justice system that these special tribunals fill. Next, it will discuss the differences between the application of law in tribunals of other religious faith traditions and the application of law in Christian arbitration. This paper will demonstrate how a lack of concrete and applicable law creates issues in the enforceability …

Non-Traditional Church Involvement As A Life-Course Turning Point: Qualitative Interviews With Religious Offenders, William Hunter Holt

Dissertations

This research project conducted and then analyzed qualitative interviews from former and current addicts and criminal offenders who are voluntarily participating in the Christian faith at the same non-traditional, Protestant church. An abridged case study of this church is also provided for background and context. Life-course theory and grounded theory are utilized.

Both the offenders and this church were chosen in an attempt to better understand how the offenders’ involvement at this house of worship, along with their faith in general, have impacted them. Obtaining the perspectives of the offender is essential for three reasons. First, qualitative research conducted in …

Jesus And The Mosaic Law: Agapic Love As The Foundation And Objective Of Law, Robert F. Cochran ,Jr.

Touro Law Review

No abstract provided.

Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty

Pepperdine Law Review

Genocide has been called the “crime of crimes.” That superlative is well-stated. Genocide is the intentional destruction of an entire people—a worse crime is almost beyond comprehension. The very word conjures some of the most horrific images in recorded history. And yet our legal understanding of this most-important crime is limited. Because the crime of genocide requires specific intent, even horrific atrocities will not qualify as genocide as a matter of law if done for a purpose other than the intended destruction of a target group. Thus whether actions qualify as genocide and what type of evidence is sufficient to …

Rwu First Amendment Blog: Jared Goldstein's Blog: Masterpiece Cakeshop Ruling: No Constitutional Right To Discriminate (For Now) 06-05-2018, Jared A. Goldstein

Law School Blogs

No abstract provided.

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.

Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Leonard Bagalwa, Leonard Bagalwa, Tsos

TSOS Interview Gallery

Leonard was forced to join the military at the age of 17 in his home country of the Congo. A Catholic priest smuggled me out of the country and I lived in refugee camps in several different countries until 2004 when he came to the United States.

In 2005, a couple came to Leonard when he was homeless in the Provo library. They found out that he needed help and offered to let me live with them. They ended up paying my tuition for my education and I went to college for five years.

Leonard uses his experiences to teach …

Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler

Senior Honors Theses

As a nation founded on religious freedom, it is the duty of the United States to recognize those who stand up for these beliefs across the world in solidarity. International persecution of Christians has dramatically increased due to the spread of radical Islam throughout the world, particularly in South Asia. By means of active, violent persecution as well as more passive forms of aggression, daily life for Pakistani Christians is both challenging and dangerous. While there is no easy solution to this issue, it is essential to continue advocating for those facing persecution and punish the oppressors. The American church …

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Georgia Journal of International & Comparative Law

No abstract provided.

Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon

Touro Law Review

No abstract provided.

A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee

Touro Law Review

No abstract provided.

Because I Am, Ann M. Sasala

SURGE

Why?

“Because I am a Republican!”

Why?

“Because I am a Democrat!”

Why?

“Because I am a Christian!”

Why?

In America, religion and politics are not merely taboo dinner topics; it is strongly advised that you don’t discuss either one in nearly all situations. [excerpt]

The Resonance Of Christian Political Conceptions Within International Humanitarian Law, David B. Dennison

David Brian Dennison

This paper presents conceptions from the Christian tradition that have special resonance modern International Humanitarian Law. The object of this paper supplies a lens that enables readers to detect the formative influence of unique Christian concepts. The conceptions from the Christian tradition presented include the Augustinian perspective on mortal and eternal life, the conception of a fallen world contrasted with a utopian vision, love as a motivation for peace, an expansive view of human community, the concept of role appropriate morality and the significance of outward signs and symbolism in the context of armed conflict.

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.

Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin

Pepperdine Law Review

This article examines and critiques Rambo lawyering. The practice of law has evolved so that the cornerstone principle of client loyalty, together with the economic incentives inherent in law practice, not only create strong motivations for lawyers to pursue their clients' causes vigorously, but also allow lawyers to easily absolve themselves of any moral obligation for their activities as their clients' representatives. Vigorous advocacy is an indispensible part of the modern judicial system, and it is generally believed that truth and justice will be served as long as there are vigorous advocates on both sides and the profession's code of …

When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee

Joshua P Fershee

This Article seeks to understand who supports renewable energy mandates (and why) by analyzing a variety trends found in political and socio-economic data by state, as well as by state renewable energy opportunities (or the lack of such opportunities). The review finds little shocking in the way of politics: Democratic states tend to favor mandates and Republican states tend not to have mandates. Somewhat surprisingly, the correlations among states with wind and solar resources (as well as most of the demographic data) ranged from limited to inconclusive. In religion, however, a strong trend developed. The states with higher Catholic populations …

From Nondiscrimination To Civil Marriage, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

As William Faulkner explained, we must be free not because we claim freedom, but because we practice it. This article analyzes the continuing constitutional struggle for civil rights on the basis of sexual orientation, concentrating on the constitution state's critique of its constitution. Connecticut is currently at the forefront of recognizing civil rights. Connecticut has ruled that discrimination against gay and lesbian persons is subject to intermediate scrutiny, which has historically been used to review laws that employ quasi-suspect classifications such as gender. Civil marriage for same sex couples is legal in Connecticut, Iowa, Maine, Massachusetts, New Hampshire and Vermont. …

April 29, 2008: Anti-Religion, Progressive Religion And Religion, Bruce Ledewitz

Hallowed Secularism

Anti-Religion, Progressive Religion and Religion

From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman

NYLS Law Review

No abstract provided.

What Hath Faith Wrought? (Book Review), Michael S. Ariens

Faculty Articles

A number of academic lawyers have explored the relationship of religion (and religious belief) and law. Ostensibly starting with the late Harold Berman’s The Interaction of Law and Religion, the “religious lawyering” movement evaluates the role religious faith has in how lawyers practice law. Extended by subsequent works such as Christian Perspectives on Legal Thought, the discussion has expanded beyond the question whether a religious lawyer is a contradiction.

This essay serves as a commentary on Robert F. Cochran’s Faith and Law: How Religious Traditions from Calvinism to Islam View American Law, a compilation of sixteen essays from legal academics …

Rhetoric Or Rights?: When Culture And Religion Bar Girls' Right To Education, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

Women account for almost two-thirds of the world's illiterates. In the year 2000, the World Education Forum met in Dakar, Senegal and set goals to (1) eliminate gender disparities in primary and secondary education by 2005, and (2) achieve gender equality in education by 2015. Two months before 2004, the United Nations Educational, Scientific, and Cultural Organization (UNESCO) reported that sixty percent of the 128 countries that attended the Dakar Conference would not meet these goals. The report attributed the failure to sharp discrimination against girls in social and cultural practices. The report failed to mention that social and cultural …

Practice What You Preach: Power, Paternalism, And The Christian Lawyer For The Poor, Melanie D. Acevedo

Fordham Urban Law Journal

This Essay will focus on the approach a Christian poverty lawyer can take to answering these questions. This Essay will argue that because a lawyer's actions are ultimately based on what she believes about herself and her place in the world, the Christian lawyer will begin her move away from paternalism and towards power-sharing. She will do this by embracing a Christian self-understanding and integrating that understanding into her work in the most significant ways possible. Further, when she looks at power itself through a biblical lens, the Christian poverty lawyer sees a framework for practice that is radically different …

The Liberal Polity And Illiberalism In Religious Traditions, Paul E. Salamanca

Law Faculty Scholarly Articles

It is in the nature of religious traditions to be somewhat illiberal. Indeed, a religion that does not require its adherents to affirm at least some belief is probably a logical impossibility. Christians, for example, must believe something about the nature of Christ. Even Unitarians, who advocate tolerance of all religions, must affirm a belief in tolerance.

Recently, and largely because of the events of September 11, 2001, enhanced attention has been paid to certain potentially illiberal aspects of Islam in the United States. The journalist Daniel Pipes, for example, has written about certain Moslem Americans who, according to his …

Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress

Fordham Urban Law Journal

This Article examines Protestant positions on informed consent/refusal regarding the use of human subjects in research. Primarily focusing on the work of Paul Ramsey, a Protestant scholar in science and ethics, the article describes the relationship between the God-man covenant and man-to-man covenants and the consequences thereof. Exploring the line between what Ramsey calls "charity" and "justice," the article finds differences between therapeutic and nontherapeutic research and who may participate with or without consent.