Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (6)
- Arts and Humanities (4)
- Constitutional Law (4)
- Legal History (4)
- Social and Behavioral Sciences (4)
-
- Jurisprudence (3)
- Law and Philosophy (3)
- Religion (3)
- Civil Rights and Discrimination (2)
- Legal Education (2)
- Public Law and Legal Theory (2)
- Sociology (2)
- Administrative Law (1)
- American Politics (1)
- Anthropology (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Christianity (1)
- Civic and Community Engagement (1)
- Comparative and Foreign Law (1)
- Corporate Finance (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Criminology (1)
- Criminology and Criminal Justice (1)
- Education Law (1)
- Institution
-
- University of Michigan Law School (5)
- University of Pennsylvania Carey Law School (3)
- University of Georgia School of Law (2)
- University of Pittsburgh School of Law (2)
- University of Richmond (2)
-
- Emory University School of Law (1)
- Georgetown University Law Center (1)
- Gettysburg College (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Penn State Law (1)
- Roger Williams University (1)
- Southern Methodist University (1)
- University of Missouri School of Law (1)
- William & Mary Law School (1)
- Publication Year
Articles 1 - 24 of 24
Full-Text Articles in Religion Law
“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.
“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.
Faculty Articles
It will come as a surprise to some human rights lawyers to learn that Christianity was a deep and enduring source of human rights and liberties in the Western legal tradition. Our elementary textbooks have long taught us that the history of human rights began in the later seventeenth and eighteenth centuries. Human rights, many of us were taught, were products of the Western Enlightenment—creations of Grotius and Pufendorf, Locke and Rousseau, Montesquieu and Voltaire, Hume and Smith, Jefferson and Madison. Rights were the mighty new weapons forged by American and French revolutionaries who fought in the name of political …
Is This A Christian Nation? An Introduction, Carl T. Bogus
Is This A Christian Nation? An Introduction, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
Introduction, Daniel A. Crane, Samuel Gregg
Introduction, Daniel A. Crane, Samuel Gregg
Other Publications
The regulation of economic life, whether through law or politics, has been a fixture of daily life from time immemorial. Formal regulation occurs through a variety of formal devices, the efficacy of which is argued about by legal scholars, economists, policymakers, legislators, and governments. Even expressions like “to regulate” or “to deregulate” carry a range of political and even moral connotations, depending on who is using the phrase and how they are deploying it.
Christianity And Antitrust, Kenneth G. Elzinga, Daniel Crane
Christianity And Antitrust, Kenneth G. Elzinga, Daniel Crane
Book Chapters
The purpose of this chapter is to consider whether the Christian faith has a nexus with the institution of antitrust. It turns out it doesn’t – and it does. For example, Christianity cannot explain why the Herfindahl–Hirschman Index is superior to the four-firm concentration ratio as a measure of industry concentration. Economics can. On the other hand, economics cannot explain why the per se rule against price-fixing is morally appropriate. The Bible can.
The Practice Of Law As Christian Discipleship, Nathan Chapman
The Practice Of Law As Christian Discipleship, Nathan Chapman
Scholarly Works
“Can the ordinary practice of law be a religious calling?” In a number of scholarly books and articles, as a teacher, and as a mentor, Robert (Bob) Cochrane has answered this question with a resounding “yes.” This essay, part of a festschrift published in Bob’s honor by the Pepperdine Law Review, engages with his work to propose a framework of Christian ethics for reconceiving the practice of law as a form of Christian discipleship. It argues that Christians should understand the practice of law as participation in government-as judgment, participation that is always fraught with the risks of deceit, injustice, …
Temple, Talmud, And Sacrament: Some Christian Thoughts On Halakhah, Nathan B. Oman
Temple, Talmud, And Sacrament: Some Christian Thoughts On Halakhah, Nathan B. Oman
Faculty Publications
No abstract provided.
The Forest And The Trees: What Educational Purposes Can A Course On Christian Legal Thought Serve?, Randy Beck
The Forest And The Trees: What Educational Purposes Can A Course On Christian Legal Thought Serve?, Randy Beck
Scholarly Works
In this short essay, I want to consider the educational purposes a course in Christian legal thought might serve. How could having such a course in the curriculum help accomplish the goals of legal education? One can understand why a law school with a Christian identity would want to offer this sort of course. Such law schools embrace a theology that helps adherents make sense of the world, including the world of human law. The less obvious question I want to consider is why a law school that does not subscribe to a particular theological understanding of the world (or …
In God We Trust, Andrew C. Nosti
In God We Trust, Andrew C. Nosti
SURGE
Almost everywhere I turn I can hear someone saying, “America is a Christian nation!” likely yelled or grumbled with impressive, and sometimes concerning, aggression. I can’t go through a week without this phrase popping up, usually closely accompanied by the notion that America’s founding has roots in Christian principles. [excerpt]
Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr.
Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr.
All Faculty Scholarship
This article is one person's reflections on how an important influence on his own sense of moral values -- Jesus Christ -- affects his thinking about his own approach to his role as a public official in a secular society, using the vital topic of criminal justice as a focal point. This article draws several important lessons from Christ's teachings about the concept of the other that are relevant to issues of criminal justice. Using Catholicism as a framework, this article addresses, among other things, capital punishment and denying the opportunity for redemption; the problem of racial disparities in the …
The Prodigal Illegal: Christian Love And Immigration Reform, Victor C. Romero
The Prodigal Illegal: Christian Love And Immigration Reform, Victor C. Romero
Journal Articles
Despite the impasse around immigration reform, most everyone believes the United States’ immigration system is broken. And most agree that the key issue is what to do with the eleven million or so undocumented persons currently residing in the United States. As a Christian immigration law teacher, I have been interested in the debate among the churches as to what such reform should look like. In this Article, I use Professor Jeffrie Murphy’s conception of agapic love as a lens through which to examine reform proposals. I then evaluate the two positions Christian churches have seemed to embrace—permanent legal status …
Religious Neutrality In The Early Republic, Jud Campbell
Religious Neutrality In The Early Republic, Jud Campbell
Law Faculty Publications
Governmental neutrality is the heart of the modern Free Exercise Clause. Mindful of this core principle, which prevents the government from treating individuals differently because of their religious convictions, the Supreme Court held in Employment Division v. Smith that a neutral law can be constitutionally applied despite any incidental burdens it might impose on an individual’s exercise of religion. Conscientious objectors such as Quakers, for instance, do not have a constitutional right to be exempt from a military draft. Thus, neutrality now forms both the core and the outer limit of constitutionally guaranteed religious freedom. Judged according to founding-era views, …
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 …
Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg
Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg
Articles
Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With …
Book Review. Liberty: Rethinking An Imperiled Ideal By Glenn Tinder, Daniel O. Conkle
Book Review. Liberty: Rethinking An Imperiled Ideal By Glenn Tinder, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Christianity And The Legal Status Of Abandoned Children In The Later Roman Empire, Joshua C. Tate
Christianity And The Legal Status Of Abandoned Children In The Later Roman Empire, Joshua C. Tate
Faculty Journal Articles and Book Chapters
Late Roman imperial legislation relating to abandoned or exposed children has been the subject of much debate. Some have argued that the constitutions of Constantine relating to abandoned children marked a new Christian influence, and that the years between Constantine and Justinian merely refined and explained Constantine's legislation. This paper argues that the legislation of Constantine was not distinctly Christian in content, but that some Christian influence can be seen in the rhetoric of imperial constitutions beginning in the fifth century, and that Christian ideas seem to have affected both the substance and the rhetoric of Justinian's legislation. The paper …
Derrick Bell's Narratives As Parables, George H. Taylor
Derrick Bell's Narratives As Parables, George H. Taylor
Articles
Use of the narrative form in law and legal analysis remains controversial, especially by advocates of critical race theory. Critics maintain that narratives can distort if they are not sufficiently based on empirical fact or reason. Narratives, the claim goes, must be evaluated on the basis of objective standards. My Article argues that this posture critical of narrative is mistaken. I contend that to comprehend how narratives should be interpreted, their literary character must first be understood.
The Article examines the narratives of Derrick Bell, the preeminent critical race and narrative scholar, and maintains that Bell's narratives should be read …
Christianity And The (Modest) Rule Of Law, David A. Skeel Jr., William J. Stuntz
Christianity And The (Modest) Rule Of Law, David A. Skeel Jr., William J. Stuntz
All Faculty Scholarship
Conservative Christians are often accused, justifiably, of trying to impose their moral views on the rest of the population: of trying to equate God's law with man's law. In this essay, we try to answer the question whether that equation is consistent with Christianity. It isn't. Christian doctrines of creation and the fall imply the basic protections associated with the rule of law. But the moral law as defined in the Sermon on the Mount is flatly inconsistent with those protections. The most plausible inference to draw from those two conclusions is that the moral law - God's law - …
Race, Religion And Law: The Tension Between Spirit And Its Institutionalization, George H. Taylor
Race, Religion And Law: The Tension Between Spirit And Its Institutionalization, George H. Taylor
Articles
My reflections flow from some recent writings by the critical race scholar Derrick Bell. Bell acknowledges that in prior work he has focused on the "the economic, political, and cultural dimensions of racism" but now suggests the possibility of a "deeper foundation" arising from the conjunction that "[m]ost racists are also Christians." This statement is Bell at his best: at once both extremely provocative and extremely unsettling. I want to explore and develop two aspects of Bell's argument.
First, if we want to examine and understand the many dimensions of racism, it is not enough to employ economic, political, or …
Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill
Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill
Law Faculty Publications
Religion continues to play a significant role in shaping our attitudes toward nature.2 Time-honored principles of stewardship of the land demand that we owe a duty to future generations to allow them to inherit a healthy environment. Essential to this obligation is spiritual faith, not the trendy brand of secular humanism espoused by ecodogmatists seeking environmental justice through means unmoored from centuries-old principles of creation. What secular humanism ignores-and what religious traditions the world over have recognizedis the reality that we are a "creative expression of the earth's own evolution."3 Thus, in light of our duty to posterity, mere emphasis …
Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong
Faculty Publications
Section II of this Article studies in greater detail the religio-legal debate currently being waged in American courts and legislatures, including a brief discussion of the religio-legal history of the United States. Section II also describes how the United States resembles and differs from Ireland such that subsequent comparisons will be more accurate. Section III compares the two constitutions by analyzing the provisions and policies most influenced by religion. First, general principles of sovereignty and constitutional interpretation are reviewed to understand the general constitutional framework of each nation. Second, the manner in which personal rights are treated by each nation's …
The Word On Trial, Robin West
The Word On Trial, Robin West
Georgetown Law Faculty Publications and Other Works
Milner Ball's extraordinary book, The Word and the Law, begins with a narrative account of "seven practices in law." The seven practitioners Ball brings to life for the reader share two powerful traits: they all, in quite different ways, use law to lessen the multiple sufferings of various communities of poor people, and they all, by doing so, strengthen the communities within which and for which they labor. The reader gains from these accounts not only a sympathetic understanding of the lives of seven lawyers, but a renewed sense of the possibilities their practices present. This can be put any …
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
Journal Articles
The Christian school movement is the logical outgrowth of the dissatisfaction of some parents, particularly some fundamentalist Baptists, with what they regard as excessive secularism in the public schools. The controversy has already produced some definitive litigation, but much remains unsettled. On the one hand, public authorities contend the public school is truly neutral toward religion. Compulsory attendance laws and other regulations by the state of private education are seen as legitimate measures, pursuant to the police power, to achieve a minimal level of intellectual and civic competence among the young. On the other hand, objecting parents and pastors regard …
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
Other Publications
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …
The Law In Its Relation To Religion And Morals, Edwin C. Goddard
The Law In Its Relation To Religion And Morals, Edwin C. Goddard
Other Publications
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. Now, and in this United States, not less than in ages past and in other parts of the world, is this a fundamental fact. He who, without a recognition of this, would study either religion or government, would quite fail to comprehend his problem. Man is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. The world depicted with such irresistible genius by Rosseau …