Religion Law Commons^™

On Health, Law, And Religion, Stacey A. Tovino

Washington and Lee Law Review

The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman’s Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court’s recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a …

Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett H. Mcdonnell

Washington and Lee Law Review

No abstract provided.

To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?, Hillel Y. Levin, Allan J. Jacobs, Kavita Shah Arora

Washington and Lee Law Review

When should we accommodate religious practices? When should we demand that religious groups instead conform to social or legal norms? Who should make these decisions, and how? These questions lie at the very heart of our contemporary debates in the field of Law and Religion.

Particularly thorny issues arise where religious practices may impose health-related harm to children within a religious group or to third parties. Unfortunately, legislators, courts, scholars, ethicists, and medical practitioners have not offered a consistent way to analyze such cases, so the law is inconsistent. This Article suggests, first, that the lack of consistency is a …

The Church Amendment: In Search Of Enforcement, Nathaniel James

Washington and Lee Law Review

No abstract provided.

The Apostle, Mr. Justice Jackson, And The "Pathological Perspective" Of The Free Exercise Clause, Ronald J. Krotoszynski, Jr.

Washington and Lee Law Review

No abstract provided.

Building A Fence Of Separation: The Constitutional Validity Of Land Transfers In Escaping From Establishment Clause Violations, Christopher Lauderman

Washington and Lee Law Review

No abstract provided.

The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson

Washington and Lee Law Review

Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …

"Big Love"'?* The Recognition Of Customary Marriages In South Africa, Penelope E. Andrews

Washington and Lee Law Review

This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality

How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini

Washington and Lee Law Review

This Comment compares the politics and dynamics of recent family law reforms in Iran and Morocco. In both countries, reforms have in effect crippled men's privileges in marriage under Islamic law by restricting their unilateral and extra-judicial rights to divorce and polygyny. In Morocco, the 2004 reforms are radical in that they admit the principle of equality in marriage and cast classical Maliki School of Sunni law in a new light; the result of prolonged efforts by the women's movement, these reforms were finally achieved by the intervention of the King who claimed the right of ijtihad as the Commander …

The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis

Washington and Lee Law Review

No abstract provided.

Twenty-Five Years Of Hudood Ordinances- A Review, Martin Lau

Washington and Lee Law Review

Shortly after coming into power in 1979, General Zia ul-Haq began to Islamize the Pakistan legal system. One measure used to convert Pakistan into an Islamic state was the introduction of hadd offenses-those offenses for which the Qur'an prescribed fixed punishments-into the criminal law. This Article specifically examines the impact of one of these provisions, the Offense of Zina (Enforcement of Hudood) Ordinance, on sexual offenses under the Pakistan Penal Code. This statute criminalized all forms of adultery and fornication outside of a legally valid marriage, including instances of rape where the burden of proof had not been met. In …

Rape And The Exception In Turkish And International Law, Ruth A. Miller

Washington and Lee Law Review

This Comment suggests, first, that Turkey's new (2004) rape law is indebted to recent trends in international sexual legislation, and second, that both Turkish and international rape law are in turn the product of a century of European exceptionalism. The 2004 Turkish criminal code is a text that has redefined the Turkish state's approach to issues ranging from torture to corruption to immigrant smuggling to rape and adultery. Fundamentally a domestic document, it is aimed at rearticulating and liberalizing the state-citizen relationship in Turkey. At the same time, it is emphatically an international text-a spectacle geared toward moving Turkey one …

Moroccan Women In Europe: Bargaining For Autonomy, Marie-Claire Foblets

Washington and Lee Law Review

This Article explores the path of possibilities offered in the case of Moroccans-in particular women-residing in (continental) Europe to determine, up to a point, the legal regime that will apply to their family life. The vast majority of Moroccans currently living in Europe have retained their original nationality, often combining it with that of the country of habitual residence. Adhesion to Islam often explains the attachment to the family law, which is a religious law, of the country of origin. Family reunifications in many cases mean enduring "rootedness" in the normative system of the country of origin. With mobility rendered …

Marital Property In California And Indonesia: Community Property And Harta Bersama, Mark E. Cammack

Washington and Lee Law Review

One of the more notable features of Indonesian Islamic law is its recognition of the concept of jointly owned marital property. The Indonesian doctrine of joint marital property bears a striking similarity to the community property system in California. In both systems the marital estate consists of property acquired during the marriage through the efforts of either of the spouses. Both systems distinguish marital property from separate property and both define separate property as all property owned by either spouse prior to the marriage or acquired by gift or inheritance afterwards. Apart from their doctrinal similarity, Indonesian Islamic marital property …

Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre

Washington and Lee Law Review

While polygamy is illegal in the United States, forms of it are still practiced either overtly, pursuant to religious traditions, or covertly, by the maintenance of two or more family units. As a result, any claims, disputes, or abuses that arise in the context of de facto polygamous unions remain irremediable. My focus, in this Article, is not to advocate that polygamy should be legally recognized. Nor is it my purpose to debate the viability or morality of polygamy. Instead, I am concerned with affording legal remedies for vulnerable individuals living and operating in de facto polygamous unions. In light …

Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger

Washington and Lee Law Review

One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries and contexts, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Malaysia's Islamic Family Law (Federal Territories) Act of 1984 and the efforts being made by Muslim women in Malaysia to advocate for comprehensive reform of Malaysian Muslim family laws. This effort includes developing an understanding of …

Comparing Religions, Legally, Winnifred Fallers Sullivan

Washington and Lee Law Review

No abstract provided.

Faith And Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Law?, Melissa Mcclellan

Washington and Lee Law Review

No abstract provided.

Viewpoint Discrimination By Public Universities: Student Religious Organizations And Violations Of University Nondiscrimination Policie, Mark Andrew Snider

Washington and Lee Law Review

No abstract provided.

Patient Autonomy Versus Religious Freedom: Should State Legislatures Require Catholic Hospitals To Provide Emergency Contraception To Rape Victims?, Heather Rae Skeeles

Washington and Lee Law Review

No abstract provided.

One Law For All? The Logic Of Cultural Accommodationt, Jeremy Waldron

Washington and Lee Law Review

No abstract provided.

Religious Freedom And Civic Responsibility, Amy Gutmann

Washington and Lee Law Review

No abstract provided.

See Jane Read The Bible: Does The Establishment Clause Allow School Choice Programs To Include Sectarian Schools After Agostini V. Felton?, Ellen M. Wasilausky

Washington and Lee Law Review

No abstract provided.

The Future Of Islamic Legal Arguments In International Boundary Disputes Between Islamic States, William Samuel Dickson Cravens

Washington and Lee Law Review

No abstract provided.

Finding A True Story Of American Religion: Comments On L.H. Larue's Constitutional Law As Fiction: Narrative In The Rhetoric Of Authority, Winnifred Fallers Sullivan

Washington and Lee Law Review

No abstract provided.

The Conflict Between Religious Exercise And Efforts To Eradicate Housing Discrimination Against Nontraditional Couples: Should Free Exercise Protect Landlord Bias?, Scott A. Johnson

Washington and Lee Law Review

No abstract provided.

The Text Of The Free Exercise Clause As A Measure Of Employment Division V Smith And The Religious Freedom Restoration Act, Allan Ides

Washington and Lee Law Review

No abstract provided.

"L. Ron Hubbard, How Much Is A Religious Service Worth, And Do Box Seats Cost Extra?": The Deductibility Of Mandatory Donations Under Section 170 Of The Internal Revenue Code

Washington and Lee Law Review

No abstract provided.

Catholic Labor Theory And The Transformation Of Work, David L. Gregory

Washington and Lee Law Review

No abstract provided.

But Reverend, Why Does Your Baptismal Font Have A Diving Board? Equitable Treatment For Vows Of Poverty Under The Federal Income Tax , J. Timothy Philipps

Washington and Lee Law Review

No abstract provided.