Religion Law Commons^™

Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar

Brooklyn Law Review

Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …

Why 9/11 Matters To Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed why 9/11 matters to Singapore. He opined that when it comes to countering the terrorist threat, civil society has an important role to play in strengthening inter-faith engagement and understanding.

Intellectual Property Through A Non-Western Lens: Patents In Islamic Law, Tabrez Y. Ebrahim

Georgia State University Law Review

The intersection of secular, Western intellectual property law and Islamic law is undertheorized in legal scholarship. Yet the nascent and developing non-Western law of one form of intellectual property—patents—in Islamic legal systems is profoundly important for transformational innovation and economic development initiatives of Muslim-majority countries that comprise nearly one-fifth of the world’s population.

Recent scholarship highlights the tensions of intellectual property in Islamic law because religious considerations in an Islamic society do not fully align with Western notions of patents. As Islamic legal systems have begun to embrace patents in recent decades, theories of patents have presented conceptual and theological …

State Complicity And Religious Extremism: Failing The Vulnerable Individual, Amos N. Guiora

Utah Law Faculty Scholarship

Religious extremism—especially when unhindered by the state—can result in unimaginable harm to individuals. That is not to suggest that the only extremism is religious extremism.

That would be patently incorrect and a profound misrepresentation of history; secular extremism - Communism, Fascism, Nazism, Pol Pot, Mao to name but the most obvious - has exacted an unimaginable price on hundreds of millions of people over the ages. While our examination will focus exclusively on religious extremism that is not intended - in any way - to minimize the extraordinary harm inflicted on innocent individuals by extremism not based on religion. To …

The Rise And Fall Of Human Dignity, Nicholas Aroney

BYU Law Review

No abstract provided.

Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison

BYU Law Review

No abstract provided.

Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov

BYU Law Review

No abstract provided.

Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni

BYU Law Review

No abstract provided.

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Between Accommodation And Favoritism: The Need For A Political Power Factor In Religious Exemption Adjudication, Karin Jønch-Clausen

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Adolf Berle’S Corporate Conscience, Elizabeth Sepper, James D. Nelson

Seattle University Law Review

In this contribution to the symposium on “Corporate Capitalism and the City of God,” we bring Adolf Berle’s distinctive views of morality in corporate life into contemporary conversations about corporate religion. Today’s debates over corporate religious exemptions tend to gravitate toward an entity view of conscience focused on the moral integrity of institutions or an associational view keyed to shareholders’ deep commitments. The foremost corporate law scholar of his day, Berle instead conceived of corporate conscience as a “public consensus” guiding and bounding managerial decision-making. Although he would have sympathized with efforts to integrate faith and business, he would have …

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Virginia Company To Chick-Fil-A: Christian Business In America, 1600–2000, Joseph P. Slaughter

Seattle University Law Review

The Supreme Court’s 2014 decision in Burwell v. Hobby Lobby Stores, Inc. is one of its most controversial in recent history. Burwell’s narrow 5–4 ruling states that the Religious Freedom Restoration Act of 1993 applies to closely held, for-profit corporations seeking religious exemptions to the Affordable Care Act. As a result, the Burwell decision thrust Hobby Lobby, the national craft chain established by the conservative evangelical Green family of Oklahoma City, Oklahoma, onto the national stage. Firms like Hobby Lobby and Chick-fil-A, however, reject the conventional wisdom Justice Ginsburg explained in Burwell and instead embrace an approach to business with …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents and Special Thanks.

Spirit Of The Corporation, Russell Powell

Seattle University Law Review

Christian theologians have analyzed the productive and destructive qualities of institutions, sometimes attributing to them human virtues and vices. In City of God, Saint Augustine describes a utopian vision of human community within a Christian context as an alternative to the flawed “City of Man.” Contemporary theologians and sociologists have described collective structures of human behavior in institutions as having a kind of “spirit” analogous to the individual human “spirit.” Institutions are then assumed to take on an existence separate from the individuals within them, and in fact, the “spirit” of an institution influences the behavior of individuals. In The …

Spirit Of The Corporation, Russell Powell

Seattle University Law Review

This Article provides a contemporary theoretical framework for Berle’s insight as a basis for considering its legal and ethical implications for corporate governance. Part II attempts to unpack contemporary understandings of spirit in order to provide a helpful working definition. Part III considers the origins and essential traits of the modern business corporation in the United States. The question posed by Berle—whether corporations can or ought to have a sort of moral orientation—is discussed in Part IV, while Part V ponders potential policy shifts that might tilt the orientation of the “spirit of the corporation” toward the common good. Part …

States And Laws, Jews And Palestinians: Yadgar's Traditionalist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg

Law Faculty Scholarship

This essay reflects on issues raised by Yaacov Yadgar concerning a devil’s bargain made decades ago between secular Zionist Israeli governments and the country’s Orthodox religious establishment, in defining who is a Jew and, therefore, entitled to the most comprehensive benefits of citizenship. It seems that that very tensions inherent in this somewhat illogical, somewhat cynical bargain are quite relevant to an us-them mentality that makes peace with the Palestinians more difficult.

Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine

Scholarly Works

Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

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

Law Library Newsletters/Blog

No abstract provided.

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

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 …

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 …

Ktunaxa Nation V. British Columbia: A Historical And Critical Analysis Of Canadian Aboriginal Law, Jennifer Mendoza

Washington International Law Journal

Aboriginal law is a developing and emerging area of the law in Canada. In fact, Aboriginal rights were not constitutionally protected until the ratification of the Canadian Constitution in 1982. What followed was a series of precedent-setting cases that clarified what “rights” meant under Section 35 of the Constitution, how Aboriginal title and rights could be established, and what duty the federal government had to the First Nations when trying to infringe on those rights. In 2017, the Canadian Supreme Court heard Ktunaxa Nation v. British Columbia, which was the first case to interpret Aboriginal rights under Section 2(a) religious …

Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

What Can We Expect Of Law And Religion In 2020?, Leslie C. Griffin

SMU Law Review Forum

The United States is in a religion-friendly mood—or at least its three branches of government are. The Supreme Court is turning away from its Free Exercise Clause analysis that currently holds that every religious person must obey the law. At the same time, the Court is rejecting its old Establishment Clause analysis that the government cannot practice or support religion. The old model of separation of church and state is gone, replaced by an ever-growing unity between church and state. This Article examines how much union of church and state this Court might establish.

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 …

"Christian Traditions, Culture, And Law": An Update And A Few Reflections, Robert F. Cochran Jr.

Pepperdine Law Review

Using Richard Niebuhr’s description of Christian approaches to culture, this Article examines the way Christians approach law, focusing on developments over the last 20 years. During that time, synthesists have continued to develop natural law, seeking an understanding of law based on shared human goods and reason, an approach that can generate a common approach among people of all faiths and no faith. Conversionists, including those on both the political left and right, argue for changes in law that will reflect Christian understandings of the good. Separatists (including many former conversionists) argue that American culture and law have become so …