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Articles 1 - 30 of 64
Full-Text Articles in Religion Law
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
Touro Law Review
No abstract provided.
First Amendment Cases In The October 2004 Term, Joel M. Gora
First Amendment Cases In The October 2004 Term, Joel M. Gora
Touro Law Review
No abstract provided.
Where's The Beef?, Stanley Fish
Where's The Beef?, Stanley Fish
San Diego Law Review
A key concern of the papers written for this conference is the relationship between religious beliefs and secular beliefs of the kind that carry with them deep ethical obligations. Are these systems of belief essentially the same or are they different in important respects? The question is typically posed abstractly, and I thought it might be useful to have before us an example of religious belief and the demands that attend it. The example is taken from the beginning of John Bunyan’s The Pilgrim’s Progress. Christian, Bunyan’s protagonist, has suddenly become aware that his salvation is imperiled, and he is …
Religion And Insularity: Brian Leiter On Accommodating Religion, Christopher J. Eberle
Religion And Insularity: Brian Leiter On Accommodating Religion, Christopher J. Eberle
San Diego Law Review
Crucial to Leiter’s overall case is the claim that there is no credible reason to accommodate religious objectors but not secular objectors: “[N]o one has been able to articulate a credible principled argument . . . that would explain why . . . we ought to accord special legal and moral treatment to religious practices.” He reaches this skeptical conclusion, in significant part, because he takes religion to be afflicted with a troubling defect, that is, religion involves commitment to categorical demands that are insulated from scientific and commonsensical scrutiny. But, I will argue, there is no good reason to …
Why Distinguish Religion, Legally Speaking?, Winnifred Fallers Sullivan
Why Distinguish Religion, Legally Speaking?, Winnifred Fallers Sullivan
San Diego Law Review
Law professors commonly answer this critique by scholars of religion, as Andrew Koppelman does, with the comment that, after all, any ambiguity in definition only arises in a few cases. Most of the time the reference is obvious, he says. Moreover, he insists, it has worked fine for all those for whom it should work. But that is the problem—its very obviousness. The problems of exclusion are largely invisible. The reference is so obvious to many and so obviously inclusive of those who are deserving that there is no way to have a conversation about it without the conversation devolving …
How Much Autonomy Do You Want?, Maimon Schwarzschild
How Much Autonomy Do You Want?, Maimon Schwarzschild
San Diego Law Review
At root, the questions of special accommodation and religious adjudicatory independence arise most urgently when a government grows in its reach and ambition. After all, if most areas of life, including those that touch on religious life, are left to people’s private arrangement, then not much special accommodation will be necessary. But when government takes control over more and more areas of life, regulating who shall do what and under what rules and conditions, then clashes with one or another religious way of life are almost inevitable. The dispute over government mandates to provide abortive drugs and contraception, in the …
Religion, Conscience, And The Case For Accommodation, William A. Galston
Religion, Conscience, And The Case For Accommodation, William A. Galston
San Diego Law Review
I do not believe that religion is an obsolete constitutional category. But I do believe that the holdings in United States v. Seeger and Welsh v. United States, the Vietnam-era draft cases that extended conscientious objector status to individuals invoking nonreligious claims, were correct. Can I consistently embrace both propositions? I think I can. My argument, in brief, is that religion is indeed special. But when we understand what it is about religion that warrants both distinctive privileges and distinctive burdens, we will see that some other systems of belief track these features of religion closely enough to warrant comparable …
“Religion” As A Bundle Of Legal Proxies: Reply To Micah Schwartzman, Andrew Koppelman
“Religion” As A Bundle Of Legal Proxies: Reply To Micah Schwartzman, Andrew Koppelman
San Diego Law Review
The debate among legal scholars about whether religion is special is chronically confused by the scholars’ failure to grasp a point familiar in the academic study of religion: “religion” is a label for something that has no ontological reality. Religion has no essence. If it has a determinate meaning, it is simply because there is a settled and familiar practice of applying the label of religion in predictable ways. The question of religious accommodation arises in cases where a law can allow some exceptions. Many laws, such as military conscription, taxes, environmental regulations, and antidiscrimination laws, will accomplish their ends …
Religion As A Legal Proxy, Micah Schwartzman
Religion As A Legal Proxy, Micah Schwartzman
San Diego Law Review
In what follows, after briefly summarizing Koppelman’s position, I argue that his view is vulnerable to the charge that using religion as a legal proxy is unfair to those with comparable, but otherwise secular, ethical and moral convictions. Koppelman has, of course, anticipated this objection, but his responses are either ambivalent or insufficient to overcome it. The case for adopting religion as a proxy turns partly on arguments against other potential candidates. In particular, Koppelman rejects the freedom of conscience as a possible substitute. But even if he is right that its coverage is not fully extensive with the category …
Religion, Meaning, Truth, Life, Frederick Mark Gedicks
Religion, Meaning, Truth, Life, Frederick Mark Gedicks
San Diego Law Review
I am a believer, yet I will also say that it is simply not correct that only religion can offer deep meaning to life, and I can say this out of my own experience. Ordinary activities can be crucial to the meaning of one’s life, whether or not they are experienced or defined as “religious.” Though not all such activities are as morally serious as religious belief and practice, some are, and they are surely not “nihilistic” or “nothing” because they lack the character of transcendent religious truth.
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
San Diego Law Review
So these are some reasons why political theory might dictate that religious dissenters be accommodated even though, by enacting the laws to which the dissenters object, government indicates that it believes the dissenters err. If political theory justifies religious accommodations, however, then when government acts on the basis of political theory, is it establishing a religion? Bill argues, in support of Seeger, that claims of conscience derived from moral theory can qualify for accommodations under the Free Exercise Clause. But the two religion clauses in the Constitution use the noun “religion” only once. So if claims of conscience derived from …
Quasi-Rights For Quasi-Religious Organizations: A New Framework Resolving The Religious-Secular Dichotomy After Burwell V. Hobby Lobby, Krista M. Pikus
Quasi-Rights For Quasi-Religious Organizations: A New Framework Resolving The Religious-Secular Dichotomy After Burwell V. Hobby Lobby, Krista M. Pikus
Notre Dame Law Review Reflection
This Comment aims to break free of the limiting religious-secular dichotomy by proposing a “quasi-religious” classification in order to achieve a more nuanced assignment of corporate religious exercise rights. Part I addresses the current legal standard for classifying organizations as religious and how the Hobby Lobby decision engaged that standard. Part II identifies and discusses the problems with the religious-secular dichotomy. Lastly, Part III proposes a new solution to the problem of corporate religious exercise rights that transcends the limitations of the religious-secular dichotomy and may also bring clarity to the Hobby Lobby decision.
Hammering Down Nails, Scott M. Lenhart
Hammering Down Nails, Scott M. Lenhart
Georgia Journal of International & Comparative Law
No abstract provided.
Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor
Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
Understanding The Islamic Prohibition Of Interest: A Guide To Aid Economic Cooperation Between The Islamic And Western Worlds, Hesham M. Sharawy
Understanding The Islamic Prohibition Of Interest: A Guide To Aid Economic Cooperation Between The Islamic And Western Worlds, Hesham M. Sharawy
Georgia Journal of International & Comparative Law
No abstract provided.
So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk
So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk
Georgia Journal of International & Comparative Law
No abstract provided.
"When Has The Grim Reaper Finished Reaping?" How Embracing One Religion's View Of Death Can Influence Acceptance Of The Uniform Determination Of Death Act, Kenneth Shuster
Touro Law Review
No abstract provided.
Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder
Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder
Touro Law Review
No abstract provided.
"Cain Rose Up Against His Brother Abel And Killed Him": Murder Or Manslaughter?, Irene Merker Rosenberg, Yale L. Rosenberg
"Cain Rose Up Against His Brother Abel And Killed Him": Murder Or Manslaughter?, Irene Merker Rosenberg, Yale L. Rosenberg
Georgia Journal of International & Comparative Law
No abstract provided.
Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras
Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras
Georgia Journal of International & Comparative Law
No abstract provided.
Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz
Coercive Assimilationism: The Perils Of Muslim Women's Identity Performance In The Workplace, Sahar F. Aziz
Michigan Journal of Race and Law
Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. But what if being oneself entails behaviors, mannerisms, and values integrally linked to the employee’s gender, race, or religion? And what if the basis for the employer’s workplace rules and professionalism standards rely on negative racial, ethnic or gender stereotypes that disparately impact some employees over others? Currently, Title VII fails to take into account such forms of second-generation discrimination, thereby limiting statutory protections to phenotypical or morphological bases. Drawing on social psychology and …
The Right To Free Exercise Of Religion In Prisons: How Courts Should Determine Sincerity Of Religious Belief Under Rluipa, Noha Moustafa
The Right To Free Exercise Of Religion In Prisons: How Courts Should Determine Sincerity Of Religious Belief Under Rluipa, Noha Moustafa
Michigan Journal of Race and Law
Religion plays a vital role in the daily lives of many prisoners. For incarcerated persons, a connection to the divine can provide comfort during periods of isolation from their family and community. From a policy perspective, spiritual development and religious practice promote rehabilitation and reduce recidivism in inmates. While prisoners forfeit many of their civil liberties, Congress has ensured that religious exercise is not among them. As Congress enhanced religious freedom protections for prisoners, prison facilities became increasingly concerned that prisoners would feign religiosity to gain certain religious accommodations. To counter this concern, prison facilities conditioned accommodations on the sincerity …
How Critical Race Theory Marginalizes The African American Christian Tradition, Brandon Paradise
How Critical Race Theory Marginalizes The African American Christian Tradition, Brandon Paradise
Michigan Journal of Race and Law
This Article offers the first comprehensive account of the marginalization of the African American Christian tradition in the movement of race and law scholarship known as critical race theory. While committed to grounding itself in the perspectives of communities of color, critical race theory has virtually ignored the significance of the fact that the civil rights movement came out of the Black church and that today more than eighty percent of African Americans self-identify as Christian. In practical terms, critical race theory’s neglect of the Christian tradition has meant that arguments developed in race and law scholarship are sometimes incompatible …
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett
Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett
Indiana Law Journal
No abstract provided.
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Georgia Journal of International & Comparative Law
No abstract provided.
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Georgia Journal of International & Comparative Law
No abstract provided.
The Death Of Islamic Law, Haider Ala Hamoudi
The Death Of Islamic Law, Haider Ala Hamoudi
Georgia Journal of International & Comparative Law
No abstract provided.
Donald A. Gianella Memorial Lecture - What Is Religious "Persecution" In A Pluralist Society?, Susan J. Stabile
Donald A. Gianella Memorial Lecture - What Is Religious "Persecution" In A Pluralist Society?, Susan J. Stabile
Villanova Law Review
No abstract provided.
Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon
Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon
Touro Law Review
No abstract provided.