Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (10)
- Constitutional Law (8)
- Social and Behavioral Sciences (6)
- International and Area Studies (5)
- Law and Society (5)
-
- Arts and Humanities (4)
- Asian Studies (4)
- Religion (4)
- Jurisprudence (3)
- Law and Philosophy (3)
- Legal History (3)
- Military, War, and Peace (3)
- Public Affairs, Public Policy and Public Administration (3)
- Criminal Law (2)
- International Law (2)
- Law and Economics (2)
- Public Law and Legal Theory (2)
- Public Policy (2)
- Biblical Studies (1)
- Business Organizations Law (1)
- Christianity (1)
- Civil Rights and Discrimination (1)
- Conflict of Laws (1)
- Dispute Resolution and Arbitration (1)
- Economic History (1)
- Economics (1)
- Education (1)
- Educational Sociology (1)
- Institution
-
- Notre Dame Law School (7)
- Singapore Management University (4)
- Columbia Law School (3)
- Mississippi College School of Law (3)
- University of Michigan Law School (3)
-
- Villanova University Charles Widger School of Law (3)
- William & Mary Law School (3)
- New York Law School (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Pennsylvania Carey Law School (2)
- University of Pittsburgh School of Law (2)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Brooklyn Law School (1)
- Cornell University Law School (1)
- DePaul University (1)
- Fordham Law School (1)
- James Madison University (1)
- University of Connecticut (1)
- University of Florida Levin College of Law (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Valparaiso University (1)
- Wayne State University (1)
- Keyword
-
- Religion (11)
- Religious freedom (5)
- Free exercise (4)
- Singapore (4)
- Church autonomy (3)
-
- Establishment clause (3)
- First Amendment (3)
- Islam (3)
- Law and religion (3)
- Separation of church and state (3)
- Church & State (2)
- Church and State (2)
- Civil society (2)
- Equal liberty (2)
- Establishment Clause (2)
- Establishment of religion (2)
- Freedom of Religion (2)
- Jurisprudence (2)
- Religious pluralism (2)
- Secularization of law (2)
- Terrorism (2)
- Theology (2)
- 9/11 (1)
- Ancient Near East--Law (1)
- Arbitration (1)
- Beliefs (1)
- Benedict (1)
- Bible--Deuteronomy (1)
- Bible--Historiography (1)
- Blue (1)
- Publication
-
- Journal Articles (10)
- Faculty Scholarship (7)
- Articles (5)
- Research Collection Yong Pung How School Of Law (4)
- Faculty Publications (3)
-
- Working Paper Series (3)
- All Faculty Scholarship (2)
- Articles & Chapters (2)
- Scholarly Articles (2)
- College of Law Faculty (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles and Papers (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Libraries (1)
- Scholarly Works (1)
- UF Law Faculty Publications (1)
- W&M Law Student Publications (1)
Articles 1 - 30 of 47
Full-Text Articles in Religion Law
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
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 post-September 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 civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim civil society” in …
Terrorism As An Intellectual Problem, Charles W. Collier
Terrorism As An Intellectual Problem, Charles W. Collier
UF Law Faculty Publications
The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as a security problem, a military problem, an economic problem, a political problem, and more. But it is also an intellectual problem, one with particular implications for the study of law, culture, and history. This Essay examines the intellectual assumptions of religious terrorism, and it does so from three distinct perspectives: the theory of religion and American constitutional law (Part I); the common law (Part II); …
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Cornell Law Faculty Publications
This Article addresses the prospects of liberal democracy in non-Western societies. It focuses on South Africa, one of the newest and most admired liberal democracies, and in particular on its efforts to recognize indigenous African traditions surrounding witchcraft and related occult practices. In 2004, Parliament passed a law that purports to regulate certain occult practitioners called traditional healers. Today, lawmakers are under pressure to go further and criminalize the practice of witchcraft itself. This Article presses two arguments. First, it contends that the 2004 statute is compatible with liberal principles of equal citizenship and the rule of law. Second, it …
Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan
Locating Authority In Law, And Avoiding The Authoritarianism Of 'Textualism', Patrick Mckinley Brennan
Working Paper Series
Much modern jurisprudence attempts to move the locus of authority away from people with authority in order to locate it instead, for example, in rules or texts. This article argues that authority, wherever it exists, is a quality of the actions of persons. The article mounts this argument by showing how Justice Scalia's textualism is the legal analogue of a largely discredited form of "Christian positivism," one that leads to a form of authoritarianism. The article goes on to argue that authorianism can be avoided only by individuals' and their communities' becoming authoritative, including in the making and enforcement of …
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly
The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly
W&M Law Student Publications
Observant Sikh lawyers are presumptively prohibited from joining the U.S. Army Judge Advocate General (JAG) Corps because they cannot satisfy the Army's appearance regulations. This essay argues that this presumptive prohibition violates the Religious Freedom Restoration Act (RFRA). Under RFRA, the federal government may substantially burden an individual's exercise of religion only if it demonstrates that its application of the burden furthers a compelling governmental interest by the least restrictive means.' The Army's appearance regulations are designed to promote two interests-uniformity and safety. In the course of furthering these interests, the Army's appearance regulations effectively preclude observant Sikhs from joining …
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. 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 civilization’ between the Muslim world and the modern world. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate Islamic radicalism among …
When Accommodations For Religion Violate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
When Accommodations For Religion Violate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
Faculty Publications
This article sets forth five rules with respect to what government may do to accommodate religious practice and five rules with respect to what government may not do. As it turns out the Supreme Court has said that most religious accommodations are left to the broad discretion of legislators and public officials. So long as the object of the accommodation is to protect or expand religious freedom, as distinct from expanding religion, the accommodation will be permitted.
Jesus’ Legal Theory—A Rabbinic Interpretation, Chaim Saiman
Jesus’ Legal Theory—A Rabbinic Interpretation, Chaim Saiman
Working Paper Series
This article locates the ancient debates between Jesus and the Talmudic rabbis within the discourse of contemporary legal theory. By engaging in a comparative reading of both Gospel and rabbinic texts, I show how Jesus and his rabbinic interlocutors sparred over questions we now conceptualize as the central concerns of jurisprudence. Whereas the rabbis approach theological, ethical and moral issues through an analytical, lawyerly interpretation of a dense network of legal rules, Jesus openly questions whether law is the appropriate medium to structure social relationships and resolve interpersonal conflicts. Through an examination of Talmudic sources, this paper argues the controversies …
Free To Believe, Richard Garnett
Free To Believe, Richard Garnett
Journal Articles
Richard Garnett reviews Religious Freedom and the Constitution by Christopher L. Eisgruber & Lawrence G. Sager, Harvard University Press, 352 pages, $28.95
Evolution And The Holy Ghost Of Scopes: Can Science Lose The Next Round?, Stephen A. Newman
Evolution And The Holy Ghost Of Scopes: Can Science Lose The Next Round?, Stephen A. Newman
Articles & Chapters
No abstract provided.
Drop Coffers, Richard W. Garnett, Benjamin P. Carr
Drop Coffers, Richard W. Garnett, Benjamin P. Carr
Journal Articles
”Coffers.” When we hear or read the word, what do we picture? Buried treasure on the Isle of Monte Cristo? The dragon Smaug’s stolen riches, piled deep under the Lonely Mountain? Maybe we dimly remember a line of Shakespeare or Chaucer. If one is male and of a certain age, the word might bring to the surface suppressed memories of the all-nighters and arcana associated with Dungeons & Dragons. And, if one is a justice of the Supreme Court of the United States, one’s thoughts might turn to the checking account of St. Jerome Catholic School in Cleveland.
Legal Theology: The Turn To Conceptualism In Nineteenth-Century Jewish Law, Chaim Saiman
Legal Theology: The Turn To Conceptualism In Nineteenth-Century Jewish Law, Chaim Saiman
Working Paper Series
This Article is a first-ever attempt to introduce the Briskers—an influential school of late nineteenth century Talmudic interpreters—to the legal academy. The paper describes how at the very moment that secularization and assimilation undermined the traditional legitimizing narratives of Jewish law, the Briskers fused law, theology and science to offer an alternate “scientific” vision of halakha (Jewish law). By recasting the multitude of detailed rules comprising halakha into a system of autonomous legal constructs, the Briskers revolutionized Jewish self-understanding of the halakhic system, and developed a jurisprudence that was able to counteract the social, institutional and intellectual upheavals represented by …
Christianity And The Large Scale Corporation, David A. Skeel Jr.
Christianity And The Large Scale Corporation, David A. Skeel Jr.
All Faculty Scholarship
Ask most people what they associate with “Christianity and the corporation” and, at least in the US, they may mention activist nuns calling for shareholder votes on sweatshop labor, nuclear weapons or divestment from South Africa, or perhaps a newspaper story about mutual funds that invest only in “faith friendly” corporations. Each is a contemporary manifestation of relations that run far deeper, and date back well over a thousand years. The early church spawned many of the largest corporate enterprises of the middle ages, and tenaciously promoted the concept of a collective entity distinct from the state. When the modern …
Review, World Religions And Democracy, Mark Weston Janis
Review, World Religions And Democracy, Mark Weston Janis
Faculty Articles and Papers
Reviewing World Religions and Democracy. Edited by Larry Diamond, Marc F. Plattner and Philip J. Costopoulos. Johns Hopkins Press 2005.
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Faculty Publications
No abstract provided.
"Free" Religion And "Captive" Schools: Protestants, Catholics, And Education, 1945-1965, Sarah Barringer Gordon
"Free" Religion And "Captive" Schools: Protestants, Catholics, And Education, 1945-1965, Sarah Barringer Gordon
All Faculty Scholarship
No abstract provided.
Evolving Approaches To Jihad: From Self-Defense To Revolutionary And Regime-Change Politicial Violence, M. Bassiouni
Evolving Approaches To Jihad: From Self-Defense To Revolutionary And Regime-Change Politicial Violence, M. Bassiouni
College of Law Faculty
No abstract provided.
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
Law Faculty Publications
No abstract provided.
The Constitution, The Courts And The Common Law, Robert A. Sedler
The Constitution, The Courts And The Common Law, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway
Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway
Libraries
No abstract provided.
Pope John Paul Ii And The Law: Foreword, Elizabeth Kirk
Pope John Paul Ii And The Law: Foreword, Elizabeth Kirk
Scholarly Articles
Given John Paul II's significant presence on the world stage, it is appropriate to ask what his impact might be on particular fields of inquiry or professional vocations. As lawyers, then, we might ask: what were John Paul II's thoughts on the nature of law and jurisprudence? What will be his legacy in terms of the civil law? How can we, as civil lawyers, best mine the rich lode of his intellectual legacy? To begin to answer these questions and to suggest a way forward under the guidance of John Paul II, it is fitting that the Notre Dame Journal …
Discerning The Environmental Perspective Of Pope Benedict Xvi, Lucia A. Silecchia
Discerning The Environmental Perspective Of Pope Benedict Xvi, Lucia A. Silecchia
Scholarly Articles
As commentators assess the legacy left behind by Pope John Paul II, they will surely note with interest the contributions he made to the advancement of Catholic social thought with respect to the necessity for careful stewardship of creation and the link that exists between ecological concerns and genuine human development. How, his successor, Pope Benedict XVI, faces a world in which ecological concerns persist and pressures for solutions continue. This paper explores the writings of Pope Benedict XVI to ascertain the ways in which he may approach the environmental questions of the modern world. In his theological writings prior …
Torture And Islamic Law, Sadiq Reza
Torture And Islamic Law, Sadiq Reza
Articles & Chapters
This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of …
Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Cathleen Kaveny
Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Cathleen Kaveny
Journal Articles
It is a great honor for me to have been asked to contribute to this issue of the Journal of Law and Religion focusing on the work of my colleague and friend, Robert E. Rodes, Jr. In June 2006, Professor Rodes celebrated his fiftieth anniversary as a member of the faculty of Notre Dame Law School. His long career has marked him as a founding father of interdisciplinary scholarship at the intersection of faith, law, and morality—the very sort of scholarship which this journal is dedicated to fostering and preserving.
The topics that Professor Rodes has considered over the years …
Pilgrim Law: Overcoming False Consciousness Through The Witness Of London's Economic Migrants, Vincent D. Rougeau
Pilgrim Law: Overcoming False Consciousness Through The Witness Of London's Economic Migrants, Vincent D. Rougeau
Journal Articles
The article discusses the author's view on the works and beliefs of Robert E. Rodes Jr. He considered faith and professional life as the powerful link on Rodes works and cited three points of reflection on the matter which includes on Rodes' concept of "Pilgrim Law" that has been influential on the author's works, thinking about the relationship between the professional roles of a lawyer and a call to a lived Christian faith. He believed that the Rodes' book "Pilgrim Law" took a formidable task on extending the principles of the theology of liberation to American jurisprudence and became an …
Protecting Religion Through Statute: The Mixed Case Of The United States, Jay D. Wexler
Protecting Religion Through Statute: The Mixed Case Of The United States, Jay D. Wexler
Faculty Scholarship
Various legislatures of the United States and those of other countries with transitional legal systems have much to learn from U.S. Congress's mixed record of protecting religious freedom through statute. While legal systems and religious culture differ tremendously worldwide, some general lessons transcend these variances. In this context, the successes and failures of the Religious Freedom Restoration Act, or RFRA, (1993) and Title VII of the Civil Rights Act (1964) are analyzed. Five major conclusions are reached, which focus on the danger of ambiguity and the need for clarity and strictness in order to prove a religious protection act effective.