Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- "complete deference" (1)
- "neutral principles of law" (1)
- Annulment (1)
- Bangladesh (1)
- Baptismal certificate (1)
-
- Best interests of the child (1)
- Birth certificate (1)
- Bowers v. Hardwick (1)
- Canon 1095 (1)
- Canon law (1)
- Catholic Church (1)
- Change (1)
- Church and state (1)
- Comparative Law (1)
- Constitution (1)
- Criminalize (1)
- Dignitas connubil (1)
- Due process (1)
- Establishment Clause (1)
- Family Law (1)
- First Amendment (1)
- Free Exercise Clause (1)
- Freedom of Religion (1)
- Griswold v. Connecticut (1)
- Homosexual sodomy (1)
- India (1)
- Infringement (1)
- James Dougherty (1)
- Judeo-Christian ethics (1)
- Last name (1)
- Publication
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Family Law
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor
Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty
Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty
Touro Law Review
No abstract provided.
Muslim Personal Laws Vis-S-Vis Uniform Civil Code: Prospects And Constraints, Sukdeo Ingale, Priyanka Gawai
Muslim Personal Laws Vis-S-Vis Uniform Civil Code: Prospects And Constraints, Sukdeo Ingale, Priyanka Gawai
Sukdeo Ingale
This paper addresses the tousle between Muslim personal laws and Uniform Civil Code. India is a multi-religious ‘secular’ country, where every religion is divided in different sects and denominations having their different (and sometime contradicting) customs and traditions. The personal laws based on such customs and traditions having ‘utmost religious content’ govern various matters including marriage, divorce, succession, inheritance, adoption, maintenance, guardianship, etc. This created difficulties in distribution of justice. To answer this issue, ‘the idea of Uniform Civil Code’ was first mooted in the Constituent Assembly in 1947. Uniform Civil Code, only three words have divided the nation into …
The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), Akiva Miller
UIC John Marshall Journal of Information Technology & Privacy Law
The State of Israel applies religious law in all matters of marriage and divorce. For the Jewish population of Israel, the law of marriage includes religious prohibitions on certain kinds of marriages, most notably the prohibition against intermarriage and the prohibition against marrying a mamzer. Over the years, Israel‘s state-religious authorities have adopted a variety of methods and practices for policing these prohibitions. These include stringent procedures for premarital registration inquiries; use of databases for collecting information on prohibited persons; recording the possibility of mamzer status of newborn children; special Beit Din proceedings for handling cases of possible marriage prohibitions; …
Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity, Roberto Rosas
Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity, Roberto Rosas
Faculty Articles
This Article will focus on the following points: (1) the essential elements of marriage; (2) the basic principle of matrimonial consent; (3) the nature of consent; (4) acts through which consent is formed; (5) matrimonial nullity in Canon Law; (6) Canon Law and the Dignitas Connubil (Dignitas); and (7) recent jurisprudence concerning matrimonial nullity. It aims to shed light and clarify paragraphs 2 and 3 of Canon 1095 of the Code by making clear how the causes of defect of discretion of judgment and the inability to assume the essential obligations due to some sort of psychic disorder or anomaly …
Translating Religious Principles Into German Law: Boundaries And Contradictions, Pascale Fournier, Régine Tremblay
Translating Religious Principles Into German Law: Boundaries And Contradictions, Pascale Fournier, Régine Tremblay
All Faculty Publications
First we present the basic rules of Islamic and Jewish law and the German state law that regulates them. Next we contend that the boundaries for shaping and applying religious norms are blurry. We argue that the conflicting outcomes might be explained by boundless discretion and informality in the religious adjudication process, but that this structure is not foreign to so-called secular family law. Thus, if the project of recognizing religious principles when it comes to family law is to be maintained, it must take stock of the conceptual and practical conflicts that inhere to the sphere of family law, …
Sacred Trust Or Sacred Right?, Jeffrey Shulman
Sacred Trust Or Sacred Right?, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
This is the first chapter from The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child (Yale University Press, 2014.)
It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in our legal traditions is the idea that the state entrusts parents with custody of the child, and the concomitant rule that the state does so only as long as parents meet their legal duty to take proper care of the child. This book looks at …