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Articles 1 - 18 of 18
Full-Text Articles in Legal History
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Michigan Law Review
A review of Geoffrey R. Stone, Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century.
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Michigan Law Review
The implementation and enforcement of Islamic law, especially Islamic criminal law, by modem-day Muslim nation-states is fraught with controversy and challenges. In Pakistan, the documented problems and failures of the country's attempt to codify Islamic law on extramarital sexual relations have led to efforts to remove rape cases from Islamic law courts to civil law courts. In striking contrast to Pakistan's experience, the Republic of the Maldives recently commissioned a draft of a penal law and sentencing guidelines based on Islamic law that abides by international norms. The incorporation of Islamic law into the legal systems of various countries around …
American Conversations With(In) Catholicism, Richard W. Garnett
American Conversations With(In) Catholicism, Richard W. Garnett
Michigan Law Review
The jacket photo for John T. McGreevy's Catholicism and American Freedom is striking. In the foreground, a young and vigorous Pope John Paul II, censer in hand, strides across an altar platform on the Mall in Washington, D.C. His attention is fixed off-camera, presumably at the altar he is about to reverence with incense. At the bottom of the picture, gathered around and below the platform, sits a grainy group of mitre-wearing bishops. Looming directly over the scene, in the background yet dominating the photograph, is the towering dome of the U.S. Capitol Building. This picture is worth many thousand …
The Serpentine Wall Of Separation, John Witte Jr.
The Serpentine Wall Of Separation, John Witte Jr.
Michigan Law Review
The task of separating the secular from the religious in education is one of magnitude, intricacy, and delicacy, Justice Jackson wrote, concurring in McCollum v. Board of Education, the Supreme Court's first religion in public schools case. "To lay down a sweeping constitutional doctrine" of absolute separation of church and state "is to decree a uniform . . . unchanging standard for countless school boards representing and serving highly localized groups which not only differ from each other but which themselves from time to time change attitudes." If we persist in this experiment, Justice Jackson warned his brethren, "we are …
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
Michigan Law Review
Now pending before the Supreme Court is the most important church-state issue of our time: whether publicly funded vouchers may be used at private, religious schools without violating the Establishment Clause. The last time the Court considered school aid, it overruled precedent and upheld a government program providing computers and other instructional materials to parochial schools. In a plurality opinion defending that result, Justice Thomas dismissed as irrelevant the fact that some aid recipients were "pervasively sectarian." That label, said Thomas, had a "shameful pedigree." He traced it to the Blaine Amendment, proposed in 1875, which would have altered the …
The Qualities Of Completeness: More? Or Less?, Mark R. Killenbeck
The Qualities Of Completeness: More? Or Less?, Mark R. Killenbeck
Michigan Law Review
On January 14, 1983, Chief Judge W. Brevard Hand announced what he knew would be widely regarded as a rather startling proposition. Believing that "[t]he first amendment in large part was a guarantee to the states which insured that the states would be able to continue whatever church-state relationship existed in 1791," Judge Hand held that the people of Alabama were perfectly free to "establish[] a religion," in this instance by allowing public school teachers to begin the school day with prayer. The ruling reversed an earlier decision in the same case, which characterized the statutory provision at issue as …
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Michigan Law Review
A Review of A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff and Arthur Rosett
Human Rights And International Relations, Sandip Bhattacharji
Human Rights And International Relations, Sandip Bhattacharji
Michigan Law Review
A Review of Human Rights and International Relations by R.J. Vincent
The Crisis Of The Western Legal Tradition, William Chester Jordan
The Crisis Of The Western Legal Tradition, William Chester Jordan
Michigan Law Review
A Review of Law and Revolution: The Formation of the Western Legal Tradition by Harold J. Berman
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
Michigan Law Review
A Review of The Promise of American Law: A Theological, Humanistic View of Legal Process by Milner S. Ball
Legal History And The Law Of Blasphemy, Morris S. Arnold
Legal History And The Law Of Blasphemy, Morris S. Arnold
Michigan Law Review
A Review of Treason Against God: A History of the Offense of Blasphemy by Leonard W. Levy
Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.
Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.
Michigan Law Review
A Review of Les officialités à la veille du Concile de Trente by Anne Lefebvre-Teillard
Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr.
Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr.
Michigan Law Review
The Right Reverend William Stubbs, D.D. (1825-1901), was the Anglican Bishop of Oxford, sometime Regius Professor of Modern History at Oxford, and a scholar of considerable repute. His Constitutional History of England was, until quite recently, the standard work in the field, and his editions of texts for the Rolls Series leave no doubt that he spent long hours ·with basic source material. Frederic William Maitland, M.A. (1850-1906), was an agnostic, the Downing Professor of the Laws of England at Cambridge, and a scholar whose reputation during his life was perhaps not so wide as Stubbs' but whose work commanded …
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Michigan Law Review
This article will attempt to present a picture of the legal status of religious organizations, with particular reference to the enjoyment of the corporate privilege. Necessarily, this will involve at the outset an historical review tracing the development of that status, beginning with the practice of granting special charters to churches and culminating in the now familiar general incorporation statute. Special attention will be paid to distinctive problems that arose in Utah, Pennsylvania, and Virginia concerning corporate status. The historical review is followed by a summary survey of the current state laws relating to the incorporation of churches. The last …
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
Michigan Law Review
In a nutshell, the topic of this paper is "Comstockery and the Bowdlerizing of Ideas." The thesis here asserted is that the Rule of Law is violated when legislatures succumb to modern attempts by the often pathologically-motivated zealot legally to freeze current tastes in moral and political beliefs. The relationship between taste statutes and the seemingly esoteric topic, "The Legislative Process and the Rule of Law," is based on the premise that the maximum possible degree of intellectual freedom for each individual is an essential ingredient in the legal system of a civilized society.
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Michigan Law Review
The Royal Historical Society (of London) has published much material of great interest to lawyers-an humble Fellow, I think none is more interesting than that published in 1906: "State Trials of the Reign of Edward the First, 1289-1293".
The Mosaic Law, Clarence A. Lightner
The Mosaic Law, Clarence A. Lightner
Michigan Law Review
In recent years much has been learned of the civilization, which developed in early times in Mesopotamia. In Babylon, laws appropriate to a vast and wealthy agricultural nation, which was engaged, also, largely in commerce, had been developed many centuries before the authentic history of other peoples begins. This civilization was Semitic. A great light, where formerly but dim reflections had been seen, was thrown upon this jurisprudence by the discovery, in 1901, of the codification of the laws of Babylonia, which was promulgated by King Hammurabi about 2350 B. C. Migration from Babylonia occurred from time to time, and …
Ecclsiastical Jurisdiction In England, Edwin Maxley
Ecclsiastical Jurisdiction In England, Edwin Maxley
Michigan Law Review
Previous to the invasion of William the Conqueror the ecclesiastical jurisdiction in England was not at all clearly defined. Under the protection, and, as protection implies jurisdiction, under the jurisdiction of the bishops were the following: sacred persons and sacred things. Among the former were included men in orders, monks and nuns; and among the latter: churches and church-yards, books and furniture of churches, sacraments, ecclesiastical and marital rituals. So far as can be found, there were not at that time any separate ecclesiastical courts. The bishops, with the assistance of archdeacons and deans, exercised their ecclesiastical jurisdiction through the …