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Articles 1 - 8 of 8
Full-Text Articles in Religion Law
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Faculty Publications
The first area of discussion is the structure of each government system. This analysis not only sets the legal framework for later analysis, but demonstrates how both Israel and Iran have brought religion into the very fabric of their legal institutions.The second area of analysis in Part II focuses on the principles of sovereignty and constitutional interpretation utilized by each State. Familiarity with these concepts is necessary in order to learn which religious principles, if any, are incorporated into each nation's general legal environment. These principles, which are implicitly understood by members of the society, are often unstated in judicial …
Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong
Faculty Publications
Section II of this Article studies in greater detail the religio-legal debate currently being waged in American courts and legislatures, including a brief discussion of the religio-legal history of the United States. Section II also describes how the United States resembles and differs from Ireland such that subsequent comparisons will be more accurate. Section III compares the two constitutions by analyzing the provisions and policies most influenced by religion. First, general principles of sovereignty and constitutional interpretation are reviewed to understand the general constitutional framework of each nation. Second, the manner in which personal rights are treated by each nation's …
Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler
Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Civilizing Religion, Kurt T. Lash
Civilizing Religion, Kurt T. Lash
Law Faculty Publications
Is it appropriate to restrict abortion at any stage in pregnancy on the ground that human life is sacred? Should the public square be open to biblical arguments against homosexuality? Or, to frame the issue in a more scholarly fashion: What role may religious arguments play, if any, either in public debate about what political choices to make or as the private basis of a political choice? In his recent book, Religion in Politics: Constitutional and Moral Perspectives, Michael Perry addresses these questions as a matter of constitutional law and political morality. Perry has been down this road before, most …
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Faculty Articles
Because law and religion are by themselves complex cultural and historical issues, any study of the interaction between the two will be at least as complicated. If one is to understand both a State's current religio-legal regime and what reform measures are most likely to succeed there, it is necessary to understand at least a little of the nation's history and majority religion. Therefore, Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why …
A Constitutional Case For Governmental Cooperation With Faith-Based Social Service Providers, Carl H. Esbeck
A Constitutional Case For Governmental Cooperation With Faith-Based Social Service Providers, Carl H. Esbeck
Faculty Publications
This Article will refer to separationism as based on "older assumptions." The Court's presuppositions concerning the nature and contemporary value of religion and the proper role of modem government underlie what will be referred to as a "traditional analysis" of the case law. Part I is a partial overview of the Supreme Court's cases since Everson, and has the goal of making the strongest arguments-within the framework of separationism-for the constitutionality of governmental welfare programs that permit participation by faith-based social service providers.
Part II is about separationism's major competitor, a theory centered on the unleashing of personal liberty to …
Religious Freedom In The Courts: The 1996–1997 Term Of The United States Supreme Court, Robert A. Destro
Religious Freedom In The Courts: The 1996–1997 Term Of The United States Supreme Court, Robert A. Destro
Scholarly Articles
No abstract provided.
The Architecture Of The Establishment Clause, John H. Garvey
The Architecture Of The Establishment Clause, John H. Garvey
Scholarly Articles
No abstract provided.