Religion Law Commons^™

Johannes Teutonicus And Papal Legates, Kenneth Pennington

Scholarly Articles

No abstract provided.

Islamic Law In American Courts, David F. Forte

Law Faculty Articles and Essays

Nonetheless, the common law judge remains constrained by his own system of adjudication. Not only does he apply the law, he also states it. Yet, he becomes hesitant when he is asked to apply an asserted principle of Islamic law unless he is certain that it truly represents the accepted view and is not some imaginative interpretation. Thus, in interpreting Islamic law, the American judge is more reluctant than a qadi would be in choosing between opposing casuistical arguments in the same kind of case. Ironically, the American judge is also far more restrained in a case involving Islamic law …

Biblical Atonement And Modern Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Fundamentalist Schools And The Law, Neal Devins

Popular Media

No abstract provided.

Virginia Law Affecting Churches - Restated, J. Rodney Johnson

Law Faculty Publications

Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …

The Legal Activities Of The Catholic League, Robert A. Destro

Scholarly Articles

No abstract provided.

Book Review. Legal History And The Law Of Blasphemy, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

United States V. Lee, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

A Sect Apart: A History Of The Legal Troubles Of The Shakers, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This article explores the Shaker experience in nineteenth century America, particularly their relationship to legislative bodies and courts and analyzes the reasons underlying the persistent, selective, official persecution of this group.

Freedom And Equality In The Religion Clauses, John H. Garvey

Scholarly Articles

The Supreme Court has been extremely puzzled about how to treat the distribution of public benefits when the pattern of distribution may cause individuals to alter their preferences in making constitutionally protected choices. When dealing with the freedom to choose an abortion, for example, the Court held that the Hyde Amendment was constitutional because the government did not interfere with freedom when all it did was offer money to make the option it preferred (childbirth) more attractive. In free speech cases, the Court has said that when the government opens up public property or offers financial incentives to speakers it …

State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck

Faculty Publications

Religiously motivated civil disobedience in the area of social and human services ministries of religious organizations has become increasingly widespread. With growing governmental involvement in the lives of citizens and moves by federal and state agencies to narrowly confine and define religious activities, it comes as no surprise that conflict over the proper role of the state has crept as well into the arena of social and human services conducted from religious motivation. The current litigation and legislation is principally focused on state regulation by certification or licensing requirements that are expanding from health, fire, and safety concerns into the …

Authority Of The Attorney General To Investigate Religious Corporations, Assembly Committee On Judiciary, Senate Committee On Judiciary

California Joint Committees

Hearings of Nov. 17, 1980 and Nov. 25, 1980.

The subject of today's joint hearing of the Assembly and Senate Judiciary Committees is the authority of the Attorney General to investigate and bring actions against religious corporations. Earlier this year, the Legislature enacted SB 1493 which will become operative on June 1, 1981 and which will narrow the AG's powers in this area. The purpose of this hearing is to determine whether, under the new law, the AG will retain adequate powers relative to religious corporations or if further legislation is needed.

The Entanglement Test Of The Religion Clauses -- A Ten Year Assessment, Kenneth F. Ripple

Journal Articles

During its 1979 Term, the Supreme Court of the United States passed the ten-year mark in its employment of the so-called "excessive entanglement" test of the religion clauses. During the past decade this concept has developed from a simple expression of one of the accepted policy considerations underlying interpretation of the religion clauses to an identifiably separate test in establishment clause analysis. In this latter role, the Court has employed the concept to accomplish two distinct, although analytically related, objectives. First, it has sought to identify those legal and administrative relationships between civil and religious authorities which are likely to …

Tancred's "Summala De Criminibus": A New Text And A Key To The Ordo Iudiciarius, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.

Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington

Scholarly Articles

No abstract provided.

Islamic Law: The Impact Of Joseph Schacht, David F. Forte

Law Faculty Articles and Essays

It is here where Schacht's service to Islamic law becomes most salutary. He has made it possible for this great legal tradition to free itself from an unthinking bondage to issues relevant to the second Islamic century, and thus open anew the gate to ijtihad. Mujtahids need no longer fear they are revising divine law when they develop the traditional norms of Islamic law beyond the confines imposed by taqlid. The Sunna of Islam remains the way of the Prophet's devout followers, even though it may not be the way of the Messenger himself. In this fashion, respect for the …

Egyptian Land Law: An Evaluation, David F. Forte

Law Faculty Articles and Essays

In all cases, the country adopting the Western code has attempted to infuse it with traditional values or with tenets of a particular ideology. Frequently, the inevitable dichotomy between the basic concepts of the code and the values which have been infused into it produce legal tensions. This has certainly been the case in Egypt. Traditionally, Egypt has had difficulty accommodating a growing population on a limited amount of arable land. Whether Egypt is able to remedy past maldistribution of arable land will have significant social, economic and political consequences. The success of legal reform in Egypt must be judged …

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

Journal Articles

The Christian school movement is the logical outgrowth of the dissatisfaction of some parents, particularly some fundamentalist Baptists, with what they regard as excessive secularism in the public schools. The controversy has already produced some definitive litigation, but much remains unsettled. On the one hand, public authorities contend the public school is truly neutral toward religion. Compulsory attendance laws and other regulations by the state of private education are seen as legitimate measures, pursuant to the police power, to achieve a minimal level of intellectual and civic competence among the young. On the other hand, objecting parents and pastors regard …

Religion, Law And Ethics -- A Call For Dialogue, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Cum Causam Que: A Decretal Of Innocent Iii, Kenneth Pennington

Scholarly Articles

No abstract provided.

Pluralism And The Canonists In The Thirteenth Century, Kenneth Pennington

Scholarly Articles

No abstract provided.

Alanus Anglicus And The Summa "Induent Sancti", Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.

The French Recension Of Compilatio Tertia, Kenneth Pennington

Scholarly Articles

No abstract provided.

The Rite For Taking The Cross In The Twelfth Century, Kenneth Pennington

Scholarly Articles

No abstract provided.

The Manuscripts Of Johannes Teutonicus' Apparatus To Compilatio Tertia: Some Considerations On The Stemma, Kenneth Pennington

Scholarly Articles

No abstract provided.

The Legal Education Of Pope Innocent Iii, Kenneth Pennington

Scholarly Articles

No abstract provided.

The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus

Faculty Publications

The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …

Struck V. Secretary Of Defense, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Prayer Amendment: A Justification, Charles E. Rice

Journal Articles

It is customary for each house of Congress to open its daily sessions with prayer delivered by its Chaplain. One might conclude that if the lawmakers of the nation are entitled to ask for divine blessing upon their work, so are the rest of us, including school children. Not so. For the Supreme Court of the United States has drawn the line. Legislators may pray, so far at least, but school children may not. Thus it was that the courts intervened to prevent the holding of "a period for the free exercise of religion" in the Netcong, New Jersey, public …

Cruz V. Beto, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.