Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pittsburgh School of Law (7)
- Columbia Law School (5)
- Roger Williams University (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- University of Colorado Law School (3)
-
- Cleveland State University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Villanova University Charles Widger School of Law (2)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Duke Law (1)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- Liberty University (1)
- Loyola University Chicago, School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- University of Baltimore Law (1)
- University of Nebraska - Lincoln (1)
- University of Pennsylvania Carey Law School (1)
- University of Rhode Island (1)
- Wayne State University (1)
- West Virginia University (1)
- Keyword
-
- Religion (13)
- Politics (8)
- Supreme Court (6)
- Islamic law (5)
- Nonprofit (5)
-
- Conservative (4)
- Discrimination (4)
- First Amendment (4)
- Government (4)
- Amendment (3)
- Church (3)
- Civil rights (3)
- Clause (3)
- Constitution (3)
- Decision (3)
- Democracy (3)
- Establishment (3)
- Executive (3)
- Exempt (3)
- Freedom of religion (3)
- Indoctrination (3)
- Johnson (3)
- Liberalism (3)
- Order (3)
- Partisan (3)
- Policy (3)
- Public (3)
- Religious freedom (3)
- Right (3)
- Separation (3)
- Publication Year
- Publication
-
- Faculty Scholarship (9)
- Articles (7)
- Scholarly Works (6)
- Publications (3)
- All Faculty Scholarship (2)
-
- Law Faculty Articles and Essays (2)
- Life of the Law School (1993- ) (2)
- Working Paper Series (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Faculty Publications & Other Works (1)
- Faculty Publications By Year (1)
- Faculty Publications and Presentations (1)
- Honors Theses (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- Law School Blogs (1)
- School of Law Conferences, Lectures & Events (1)
- Senior Honors Projects (1)
Articles 1 - 30 of 44
Full-Text Articles in Religion Law
A More Capacious Concept Of Church, Philip Hackney, Samuel D. Brunson
A More Capacious Concept Of Church, Philip Hackney, Samuel D. Brunson
Articles
United States tax law provides churches with extra benefits and robust protection from IRS enforcement actions. Churches and religious organizations are automatically exempt from the income tax without needing to apply to be so recognized and without needing to file a tax return. Beyond that, churches are protected from audit by stringent procedures. There are good reasons to consider providing a distance between church and state, including the state tax authority. In many instances, Congress granted churches preferential tax treatment to try to avoid excess entanglement between church and state, though that preferential treatment often just shifts the locus of …
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
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. …
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
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, …
States And Laws, Jews And Palestinians: Yadgar's Traditionalist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg
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.
Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law
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.
Is The Establishment Clause Asymmetrical?, Sam Foer
Is The Establishment Clause Asymmetrical?, Sam Foer
Senior Honors Projects
Through numerous Establishment Clause cases, the Supreme Court has concluded that when public educators promote or denigrate religious views in the K-12 classroom, they violate the First Amendment. The Court has found that the protection of ‘freedom of conscience’ is embedded in the purpose of the Establishment Clause, which applies most strictly to the public school setting. This is because the sphere of conscience is most vulnerable to invasion in developing minds, and children are in a captive environment at school - they cannot escape from State instruction. Thus, states, school systems, and teachers who impose their religious beliefs onto …
Christianity And Bankruptcy, David A. Skeel Jr.
Christianity And Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
Although the term “bankruptcy” is nowhere to be found in the Bible, debt and the consequences of default are a major theme both in the Hebrew Bible and in the New Testament. In Israel, as in the ancient Near East generally, a debtor who defaulted on his obligations was often sold into slavery or servitude. Biblical law moderated the harshness of this system by prohibiting Israelites from charging interest on loans to one another, thus diminishing the risk of default, and by requiring the release of slaves after seven years of service. Jesus alluded to the lending laws at least …
Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim
Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim
Publications
At first glance, religious courts, especially Sharia courts, seem incompatible with secular, democratic societies. Nevertheless, Jewish and Islamic courts operate in countries like the United States, England, and Israel. Scholarship on these religious courts has primarily focused on whether such religious legal pluralism promotes the value of religious freedom, and if so, whether these secular legal systems should accommodate the continued existence of these courts. This article shifts the inquiry to determine whether religious courts in these environments accommodate litigants’ popular opinions and the secular, procedural, and substantive justice norms of the country in which they are located. This article …
Christians And Pagans, Abner S. Greene
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Law School Blogs
No abstract provided.
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Life of the Law School (1993- )
No abstract provided.
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman
Faculty Scholarship
No abstract provided.
Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal, Philip A. Hamburger
Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal, Philip A. Hamburger
Faculty Scholarship
Exclusion from the political process is a central question in American law. Thus far, however, it has not been recognized how religious Americans are excluded from the political process and what this means for religious equality.
Put simply, both administrative lawmaking and § 501 (c)(3) of the Internal Revenue Code substantially exclude religious Americans from the political process that produces laws. As a result, apparently equal laws are apt, in reality, to be unequal for religious Americans. Political exclusion threatens religious equality.
The primary practical conclusion concerns administrative law. It will be seen that this sort of "law" is made …
A Trinity Of Viewpoints On The Moral Perspective In The Public Square: Murray, Kennedy, And Cuomo, Robert J. Araujo S.J.
A Trinity Of Viewpoints On The Moral Perspective In The Public Square: Murray, Kennedy, And Cuomo, Robert J. Araujo S.J.
Faculty Publications & Other Works
No abstract provided.
Religious Minorities And Shari’A In Iraqi Courts, Haider Ala Hamoudi
Religious Minorities And Shari’A In Iraqi Courts, Haider Ala Hamoudi
Articles
There is a rising interest in our academy in the study of constitutional states, particularly in the Islamic world, whose legal and constitutional structure is at least as a formal matter both founded on and subject to religious doctrine. For those of us interested in the Arab spring, and indeed in constitutionalism in much of the Islamic world, this work is not only valuable, but positively vital. Without it, we are unable to discuss most emerging Arab democracies in constitutional terms. In Iraq, and in Egypt after it, two of the premier Arab states which have recently seen constitutions approved …
Book Review: "The Tragedy Of Religious Freedom", Ian C. Bartrum
Book Review: "The Tragedy Of Religious Freedom", Ian C. Bartrum
Scholarly Works
Ian Bartrum reviews Marc DeGirolami's The Tragedy of Religious Freedom (Harvard University Press 2013).
Legislators And Religious-Based Reasoning, Diana Ginn, David Blaikie, Micah Goldstein
Legislators And Religious-Based Reasoning, Diana Ginn, David Blaikie, Micah Goldstein
Articles, Book Chapters, & Popular Press
In a secular, multicultural, liberal democratic society founded on the rule of law, is it appropriate for legislators (or political candidates) to refer to religious beliefs or texts when discussing a government initiative or urging action on a particular issue? Such references might be used for various purposes: to explain the speakers’ own beliefs; to emphasize that an issue has been around for a long time and therefore should be taken seriously; to elucidate historical influences on a particular law; or to give weight to a particular argument by buttressing it with religious authority. In Canada today, do ethics, law, …
Repugnancy In The Arab World, Haider Ala Hamoudi
Repugnancy In The Arab World, Haider Ala Hamoudi
Articles
“Repugnancy clauses” -- those constitutional provisions that, in language that varies from nation to nation, require legislation to conform to some core conception of Islam -- are all the rage these days. This clause, a relatively recent addition to many modern constitutions, has emerged as a central focus of academic writing on Muslim state constitutions generally, and on Arab constitutions in particular. Much of the attention it has received has been enlightening and erudite. Yet one aspect of the broader repugnancy discourse that deserves some attention is an important, often de facto, temporal limitation on the effect of the clause. …
Bridging The Great Divide--A Response To Linda Greenhouse And Reva B. Siegel's Before (And After) Roe V. Wade: New Questions About Backlash, Lolita Buckner Inniss
Bridging The Great Divide--A Response To Linda Greenhouse And Reva B. Siegel's Before (And After) Roe V. Wade: New Questions About Backlash, Lolita Buckner Inniss
Publications
This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I suggest that an additional, more encompassing inquiry focuses on what factors are implicated in the politics of abortion and how these factors relate to larger social, political, and cultural conflicts both before and after Roe. By naming party politics and the Catholic Church, Greenhouse and Siegel posit two crucial elements that shaped the abortion debate. I assert, however, that what is not discussed in their Article is the way numerous other factors have figured into …
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Working Paper Series
This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.
Sandel On Religion In The Public Square, Hugh Baxter
Sandel On Religion In The Public Square, Hugh Baxter
Faculty Scholarship
In the final chapter of "Justice" (2009), Sandel calls for a “new politics of the common good,” which he presents as an alternative to John Rawls’s idea of public reason. Sandel calls “misguided” Rawls’s search for “principles of justice that are neutral among competing conceptions of the good life.” According to Sandel, “[i]t is not always possible to define our rights and duties without taking up substantive moral questions; and even when it’s possible it may not be desirable.” In taking up these moral questions, Sandel writes, we must allow specifically religious convictions and reasons into the sphere of public …
Religion, Politics And American Foreign Policy In The Middle East, Robert A. Sedler
Religion, Politics And American Foreign Policy In The Middle East, Robert A. Sedler
Law Faculty Research Publications
In the United States, religion and politics are intertwined. This entwinement helps to explain America's strong and unwavering support for Israel. Jewish-Americans, virtually across the board, are strong supporters of Israel, despite strong disagreement over a solution to the Israeli-Palestinian conflict.
The influence of Jewish-Americans on American foreign policy in the Middle East is primarily by way of Jewish strength in the Democratic party. Not only do Jewish-Americans strongly support Democratic candidates in all elections, but all but one of the disproportionately high number of Jewish Senators and Representatives in Congress are Democrats.
The Republicans are also strong supporters of …
Between Liberalism And Theocracy, John D. Inazu
Between Liberalism And Theocracy, John D. Inazu
Faculty Scholarship
Our symposium conveners have focused us on “the relationship between liberalism and Christianity and their influence on American constitutionalism.” My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for the relationship between church and state. By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are prone to …
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel
Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel
Faculty Publications By Year
No abstract provided.
The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen
The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen
Faculty Publications and Presentations
The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that …
Review Essay: Religion And Politics 2008-2009: Sometimes You Get What You Pray For, Leslie C. Griffin
Review Essay: Religion And Politics 2008-2009: Sometimes You Get What You Pray For, Leslie C. Griffin
Scholarly Works
No abstract provided.
Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi
Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi
Articles
Western distortions of the Muslim East nearly always take the same form, irrespective of who in the West is doing the distorting. One common theme can be generally gleaned from any projections of the Muslim East in the West, in any Western country, among nearly every community, including, and perhaps especially, our own academic community. This is the perception of the near ubiquitous role of Islam and, more germane to my remarks, Islamic law, of a historic, medieval kind, in governing the legal order of Muslim states, including Iraq, in a manner that can be entirely distorting. In these brief …
The Gentleman From Hagerstown: How Maryland Jews Won The Right To Vote, Kenneth Lasson
The Gentleman From Hagerstown: How Maryland Jews Won The Right To Vote, Kenneth Lasson
All Faculty Scholarship
This article discusses the early history of Maryland in the context of religious discrimination, specifically in reference to discrimination against those of the Jewish faith, even though the state "was founded as a haven of religious liberty and beacon of toleration." It also highlights a member of the Maryland House of Delegates, Thomas Kennedy, a Christian, as being the leader of the movement to ultimately correct this injustice. Part of the problem were clauses in the state's constitution requiring officeholders to be Christians. Kennedy lost his seat in the House, but didn't give up the battle. Ha had tried several …
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Articles
There is a crisis in our law schools in the study of Islamic law and the law of the Muslim polities. The current approaches either focus exclusively on national codes to the derogation of other vitally important influences on the legal order, most importantly the body of norms and rules derived from Islamic foundational texts known as the shari'a, or they regard as secondary, and at times irrelevant, the actual legal order of the societies in favor of an academic construction of the theories of medieval Muslim jurists. Neither of these approaches reflects with a necessary degree of accuracy the …