Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (20)
- First Amendment (8)
- Civil Rights and Discrimination (5)
- Criminal Law (4)
- Legal History (4)
-
- Arts and Humanities (3)
- Comparative and Foreign Law (3)
- International Law (3)
- Law and Politics (3)
- Law and Society (3)
- Religion (3)
- Social and Behavioral Sciences (3)
- Family Law (2)
- Islamic Studies (2)
- Judges (2)
- Law and Economics (2)
- Law and Gender (2)
- President/Executive Department (2)
- Public Law and Legal Theory (2)
- Anthropology (1)
- Arabic Studies (1)
- Banking and Finance Law (1)
- Biblical Studies (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Christianity (1)
- Civil Procedure (1)
- Commercial Law (1)
- Institution
-
- Boston University School of Law (6)
- Cornell University Law School (4)
- University of Baltimore Law (4)
- University of Richmond (4)
- Northwestern Pritzker School of Law (3)
-
- Brooklyn Law School (2)
- Loyola University Chicago, School of Law (2)
- Maurer School of Law: Indiana University (2)
- Osgoode Hall Law School of York University (2)
- The Catholic University of America, Columbus School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Missouri School of Law (2)
- University of Pennsylvania Carey Law School (2)
- University of Pittsburgh School of Law (2)
- University of Washington School of Law (2)
- William & Mary Law School (2)
- Columbia Law School (1)
- Duke Law (1)
- Fordham Law School (1)
- Georgetown University Law Center (1)
- Liberty University (1)
- Notre Dame Law School (1)
- Penn State Dickinson Law (1)
- Penn State Law (1)
- Schulich School of Law, Dalhousie University (1)
- St. John's University School of Law (1)
- The University of Akron (1)
- UIC School of Law (1)
- University of Connecticut (1)
- University of Florida Levin College of Law (1)
- Keyword
-
- Religion (11)
- First Amendment (5)
- Religious freedom (5)
- Establishment Clause (4)
- Free exercise of religion (4)
-
- Constitutional Law (3)
- Hosanna-Tabor (3)
- Jews (3)
- Religious liberty (3)
- Bible (2)
- Constitutional law (2)
- Employment Division v. Smith (2)
- Establishment (2)
- Establishment clause (2)
- Exodus (2)
- Free Exercise Clause (2)
- Hamas (2)
- History (2)
- Islamic law (2)
- Israel (2)
- Judaism (2)
- Law and religion (2)
- Ministerial exception (2)
- Morality (2)
- Muslim Brotherhood (2)
- Originalism (2)
- Politics (2)
- Presidency (2)
- Religious minorities (2)
- Separation of church and state (2)
- Publication
-
- Faculty Scholarship (10)
- All Faculty Scholarship (6)
- Faculty Publications (5)
- Scholarly Works (4)
- Articles (3)
-
- Articles & Book Chapters (2)
- Articles by Maurer Faculty (2)
- Cornell Law Faculty Publications (2)
- Cornell Law School Inter-University Graduate Student Conference Papers (2)
- Faculty Publications & Other Works (2)
- Journal Articles (2)
- Law Faculty Publications (2)
- Law Student Publications (2)
- NULR Online (2)
- Scholarly Articles (2)
- Akron Law Faculty Publications (1)
- Articles, Book Chapters, & Popular Press (1)
- Connecticut Public Interest Law Journal (1)
- Court Briefs (1)
- Faculty Publications and Presentations (1)
- Faculty Scholarly Works (1)
- Faculty Working Papers (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Research Publications (1)
- Studio for Law and Culture (1)
- UF Law Faculty Publications (1)
- UIC Law Open Access Faculty Scholarship (1)
Articles 1 - 30 of 60
Full-Text Articles in Religion Law
Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum
Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum
NULR Online
No abstract provided.
Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett
Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett
NULR Online
No abstract provided.
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Faculty Publications
This article takes up the curious tale as to why the text and drafting record in the House and Senate were ignored by the Court in Everson, as well as what the text and debate can tell us about contemporary theories making the rounds. One theory of conservatives is that the Establishment Clause was not intended to prohibit support for religion so long as no religion is preferred.
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
Nonbelievers, Nelson Tebbe
Nonbelievers, Nelson Tebbe
Cornell Law Faculty Publications
How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …
No More 'Sha Still', Kenneth Lasson
No More 'Sha Still', Kenneth Lasson
All Faculty Scholarship
This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.
Church And State: An Economic Analysis, Keith N. Hylton, Yulia Rodionova, Fei Deng
Church And State: An Economic Analysis, Keith N. Hylton, Yulia Rodionova, Fei Deng
Faculty Scholarship
What purpose is served by a government's protection of religious liberty? Many have been suggested, the most prominent of which center on the protection of freedom of belief and expression. However, since every regulation potentially interferes with religious freedom, it is useful to consider more concrete purposes that could suggest limits on the degree to which religious liberty should be protected. This paper focuses on the concrete economic consequences of state regulation of religion. We examine the effects of state regulation on corruption, economic growth, and inequality. The results suggest that laws and practices burdening religion enhance corruption. Laws burdening …
Brief Amicus Curiae Of The National Employment Lawyers Association In Support Of Respondents. Hosanna-Tabor Evangelical Lutheran Church And School V. Equal Employment Opportunity Commission, 565 U.S. 171 (2012) (No. 10-553), 2011 U.S. S. Ct. Briefs Lexis 984, Eric Schnapper, Rebecca M. Hamburg
Brief Amicus Curiae Of The National Employment Lawyers Association In Support Of Respondents. Hosanna-Tabor Evangelical Lutheran Church And School V. Equal Employment Opportunity Commission, 565 U.S. 171 (2012) (No. 10-553), 2011 U.S. S. Ct. Briefs Lexis 984, Eric Schnapper, Rebecca M. Hamburg
Court Briefs
QUESTION PRESENTED Is the anti-relatiation provision of the Americans with Disabilities Act, 42 U.S.C. 12203, unconstitutional as applied to the claims of respondents?
Government Disapproval Of Religion, Jay D. Wexler
Government Disapproval Of Religion, Jay D. Wexler
Faculty Scholarship
The Supreme Court’s “Endorsement Test” for evaluating the constitutionality of government sponsored symbols, displays, and messages regarding religion is notoriously controversial and has engendered enormous scholarly attention. In addition to government “endorsement” of religion, however, the test also prohibits the government from sending a message of “disapproval” of religion. The disapproval side of the Endorsement Test has not been subject to almost any scholarly discussion, which is not surprising given that until recently the courts have had no reason to entertain, much less sustain, challenges to alleged government disapproval of religion. In the last few years, however, due to a …
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 …
Criminal And Civil Law In The Torah: The Mosaic Law In Christian Perspective, David A. Skeel Jr., Tremper Longman
Criminal And Civil Law In The Torah: The Mosaic Law In Christian Perspective, David A. Skeel Jr., Tremper Longman
All Faculty Scholarship
When Jesus spoke of fulfilling the law and the prophets, he was referring to the Mosaic law, nearly all of which is in the four books we consider in this Article: Exodus, Leviticus, Numbers and Deuteronomy. In an effort to discern the Mosaic law’s guidance for contemporary secular law, we first place it in covenantal perspective and identify three of its key concerns: God’s nature, as revealed in Scripture; the nature of Israel; and the role of the land. After summarizing the regulation in the four books under consideration and noting a few of its characteristics, we conclude by discussing …
Obama's Woes, Kenneth Lasson
Obama's Woes, Kenneth Lasson
All Faculty Scholarship
This short op-ed piece discusses Barack Obama's presidency, particularly with regard to Jewish issues and with Israel and the Middle East. The writer offers his rationale why the President's support among Jewish voters is slipping.
Veil Or No Veil? Are We On The Right Track?, Rayhan Asat
Veil Or No Veil? Are We On The Right Track?, Rayhan Asat
Cornell Law School Inter-University Graduate Student Conference Papers
In recent years, it is ironic that a simple Muslim headscarf became one of most contentious and controversial political, culture, religious and human rights issue in various countries around the world. The Muslim headscarf affair has given rise to heated debate in Europe in particular. Extensive scholarship literature contributed to this debate from various aspects, including from the banning of the Niqab from a public sphere, to institutional education and from the courtroom context. One has to acknowledge that few expressions of faith today cause as much fear and loathing in plural democracies as the Muslim headscarf has. I intend …
Smith In Theory And Practice, Nelson Tebbe
Smith In Theory And Practice, Nelson Tebbe
Cornell Law Faculty Publications
Employment Division v. Smith controversially held that general laws that were neutral toward religion would no longer be presumptively invalid, regardless of how much they incidentally burdened religious practices. That decision sparked a debate that continues today, twenty years later. This symposium Essay explores the argument that subsequent courts have in fact been less constrained by the principal rule of Smith than advocates on both sides of the controversy usually assume. Lower courts administering real world disputes often find they have all the room they need to grant relief from general laws, given exceptions written into the decision itself and …
Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle
Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I recount John Locke’s 1689 Letter Concerning Toleration and explain how religious liberty continues to rest on Lockean and related justifications. These various justifications depend in part on religious-moral reasoning (both Christian and non-Christian) and in part on political-pragmatic considerations. I then discuss recent and ongoing developments in the American religious landscape, including a radical increase in religious diversity, the modernization of traditional faiths, the individualization or "spiritualization" of religion, and the increasing secularization of individual belief structures. I suggest that these developments, over time, may seriously threaten the underlying religious-moral and political-pragmatic foundations of religious liberty …
Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson
Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson
All Faculty Scholarship
This cover story focuses on two of baseball’s greatest players, Sandy Koufax, and Hank Greenberg. Besides describing their great talent for the game, it also chronicles the religious discrimination, taunts and abuse they had to endure for their religious beliefs, not just from the public, but occasionally from members of opposing teams as well.
In Light Of Oklahoma Sq 755: How Islamic Law Antecedes In Solving Minorities’ Personal Law Issues?, Mansour A. Alhaidary
In Light Of Oklahoma Sq 755: How Islamic Law Antecedes In Solving Minorities’ Personal Law Issues?, Mansour A. Alhaidary
Cornell Law School Inter-University Graduate Student Conference Papers
In November 2010, a proposal was passed to amend Section 1 of Article VII of the Oklahoma State Constitution to prevent considering Sharia Law in making judicial decisions as well as international law. This amendment is being challenged in the court by Muslims and a temporary restraining order has been granted. In this paper, I will show, in contrast to what Oklahoma legislators wanted to enact, how Islamic law of 1400 years ago provided freedom of application of personal law for religious minorities more than any other legal system. Although other legal systems provide one type of freedom or another, …
Making Sense Of The New Financial Deal, David A. Skeel Jr.
Making Sense Of The New Financial Deal, David A. Skeel Jr.
All Faculty Scholarship
In this Essay, I assess the enactment and implications of the Dodd-Frank Act, Congress’s response to the 2008 financial crisis. To set the stage, I begin by very briefly reviewing the causes of the crisis. I then argue that the legislation has two very clear objectives. The first is to limit the risk of the shadow banking system by more carefully regulating the key instruments and institutions of contemporary finance. The second objective is to limit the damage in the event one of these giant institutions fails. While the new regulation of the instruments of contemporary finance—including clearing and exchange …
Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman
Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman
Faculty Publications
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon polygamy. Historians have interpreted Reynolds, and the anti-polygamy legislation and litigation that it midwifed, as an extension of Reconstruction into the American West. This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international context of Great Power imperialism and American international expansion at the end of the nineteenth century. It does this by recovering the lost theory of religious freedom that the Mormons …
Presidential Memories: Lincoln's Relationship With The Jews - Remembered On President's Day, Kenneth Lasson
Presidential Memories: Lincoln's Relationship With The Jews - Remembered On President's Day, Kenneth Lasson
All Faculty Scholarship
This article examines the relationship President Abraham Lincoln had with members of the Jewish faith.
Ever since George Washington, U.S. presidents have made inclusive gestures toward Jewish-American citizens and soldiers, but only Abraham Lincoln, whose 291st birthday we celebrated last week, ever officially intervened on their behalf. He did it twice within the span of two years. During his political career Lincoln had many Jewish associates, advisers and supporters.
During the Civil War General Grant issued General Order No. 11, which is also discussed. This order was a result of Grant’s perception that Jews were participating in a black market …
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman
Faculty Publications
This Article thus has two goals. The first is to show how the Muslim conception of marriage diverges from the Christian-influenced norms that dominate American law and society. Understanding this divergence provides a necessary background to Islamic mahr contracts. The second goal is to provide lawyers and judges with a doctrinal framework within our current law for analyzing these contracts and reaching sensible results in concrete cases.
Nonbelievers, Nelson Tebbe
Joining Or Changing The Conversation - Catholic Social Thought And Intellectual Property, Frank Pasquale
Joining Or Changing The Conversation - Catholic Social Thought And Intellectual Property, Frank Pasquale
Faculty Scholarship
No abstract provided.
Jewish Law From Out Of The Depths: Tragic Choices In The Holocaust, Samuel J. Levine
Jewish Law From Out Of The Depths: Tragic Choices In The Holocaust, Samuel J. Levine
Scholarly Works
No abstract provided.
The Nation And Its Heretics: ‘Muslim Citizenship’, State Power And Minority Rights In Pakistan, Sadia Saeed
The Nation And Its Heretics: ‘Muslim Citizenship’, State Power And Minority Rights In Pakistan, Sadia Saeed
Studio for Law and Culture
In 1984, Pakistan’s military ruler General Zia-ul-Haq passed an executive Ordinance that made it a criminal offence for members of the heterodox Ahmadiyya community, a self-defined minority sect of Islam, to refer to themselves as Muslims and practice Islam in public. Ahmadis challenged the 1984 Ordinance in both the Supreme Court and the Federal Shariat Court in Pakistan – in the former on that grounds that the Ordinance violated their constitutionally guaranteed right to freedom of religion and in the latter on the grounds that it violated shari’a. In a clear departure from the Pakistani courts’ earlier rulings on the …
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 …
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian, Victor Vieth
When The Child Abuser Has A Bible: Investigating Child Maltreatment Sanctioned Or Condoned By A Religious Leader, Basyle Tchividjian, Victor Vieth
Faculty Publications and Presentations
In many cases of child sexual and physical abuse, perpetrators use religious or spiritual themes to justify their abuse of a child. Although no known religion in modern culture suggests that sexual abuse is condoned or taught as part of its tenets, some church leaders engage in conduct suggesting the child is equally, if not more to blame than the perpetrator, while also urging immediate reconciliation between the perpetrator and victim. In more than one case, pastors have asked children to confess their own “sins” in being sexually abused and have even required children to “confess” in front of an …
A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn
A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn
Akron Law Faculty Publications
Lincoln’s use of biblical imagery in seven of his works: the Peoria Address, the House Divided Speech, his Address at Chicago, his Speech at Lewistown, the Word Fitly Spoken fragment, the Gettysburg Address, and the Second Inaugural. Lincoln uses biblical imagery to express the depth of his own conviction, the stature of the founders of this country, the timeless and universal nature of the principles of the Declaration, and the magnitude of our moral obligation to defend those principles. Lincoln persuaded the American people to embrace the standard “all men are created equal” and to make it part of our …
The Church Abuse Scandal: Were Crimes Against Humanity Committed?, Dermot Groome
The Church Abuse Scandal: Were Crimes Against Humanity Committed?, Dermot Groome
Journal Articles
Increasingly shocking revelations about sexual abuse by members of Catholic religious congregations and diocesan priests have recently raised the question of whether such widespread abuses constitute crimes against humanity. This paper considers that question in the context of a report issued by the Ryan Commission, an independent quasi-judicial commission that spent 10 years conducting detailed investigations into childcare institutions operated by Catholic religious congregations in Ireland. The Ryan Commission’s findings with respect to both widespread physical and sexual abuse provide a factual basis upon which to consider whether crimes against humanity were in fact committed. Contrasting the intentionality of behind …
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
The Cross National Memorial: At The Intersection Of Speech And Religion, 61 Case W. Res. L. Rev. 1171 (2011), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.