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The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer 2017 Hebrew University of Jerusalem

The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Serious problems exist for cultural heritage protection, and these problems are even more serious when accounting for the protection of sacred space and holy places. The lack of effectiveness of the majority of existing international norms and institutions will be reviewed in this paper, which shall then turn to potential sources for entrenching protection of scared space within states.

The paper shall rely on the human right to freedom of religion or belief as the basis for upholding sacred space given an emerging broader understanding of the right within the human rights framework.

The paper shall principally focus on the ...


Freedom To Provide Religious Instruction, Neil J. Foster 2017 University of Newcastle, NSW, Australia

Freedom To Provide Religious Instruction, Neil J. Foster

Neil J Foster

Discusses the right of parents to send their child to special religious education at public schools in Australia, and recent attempts to restrict this right.


A Study Of Canon Law: Dismissal From The Clerical State In Cases Of Sexual Misconduct, Msgr. John A. Alesandro 2017 St. John's University School of Law

A Study Of Canon Law: Dismissal From The Clerical State In Cases Of Sexual Misconduct, Msgr. John A. Alesandro

The Catholic Lawyer

No abstract provided.


Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin 2017 University of Maine School of Law

Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin

Maine Law Review

Religious wars have broken out around the country about the legality of gay marriage, the consequences of gay ordination for property ownership, the funding of faith-based organizations and the placement of crosses and Ten Commandments (but not Seven Aphorisms) on public land. To resolve such impassioned disputes, Americans traditionally look to the Religion Clauses of the First Amendment, which state "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Unfortunately, the Court's modern decisions interpreting those clauses have shed more heat than light on the discussion and have provoked ongoing controversy instead ...


Canon Law & Civil Law Interface: Diocesan Corporations, Reverend Edward L. Buelt, Charles Goldberg 2017 St. John's University School of Law

Canon Law & Civil Law Interface: Diocesan Corporations, Reverend Edward L. Buelt, Charles Goldberg

The Catholic Lawyer

No abstract provided.


Rights In Canon Law For Persons With Mental Disabilities, Rev. Joseph N. Perry 2017 St. John's University School of Law

Rights In Canon Law For Persons With Mental Disabilities, Rev. Joseph N. Perry

The Catholic Lawyer

No abstract provided.


Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes, Jr. 2017 St. John's University School of Law

Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes, Jr.

The Catholic Lawyer

No abstract provided.


The Teachings Of Pope Francis Symposium: Toward A Common Good For Our Common Home, Steven W. Bender 2017 Seattle University School of Law

The Teachings Of Pope Francis Symposium: Toward A Common Good For Our Common Home, Steven W. Bender

Seattle University Law Review

Prompted by the teachings of Pope Francis conveyed through such writings as the Evangelii gaudium and Laudato si’, the symposium—titled The Teachings of Pope Francis: Towards a Vision of Social Justice and Sustainable Capitalism?—brought an impressive and diverse array of interdisciplinary scholars to Seattle University School of Law in February 2017. Speakers included economists, law professors, and theologians with a wide array of expertise on daunting policy issues facing the Global South and North. Fittingly, a Jesuit law school with a diverse faculty hosted the symposium centering, critiquing, and expanding the teachings of the first Jesuit Pope. Many ...


Social Justice And The American Law School Today: Since We Are Made For Love, Michael Kaufman 2017 Seattle University School of Law

Social Justice And The American Law School Today: Since We Are Made For Love, Michael Kaufman

Seattle University Law Review

This Article is intended to facilitate that new dialogue by finding a series of profound provocations in the Pope’s teachings. First, the Pope provokes us to consider whether our existing education and economic systems are based on an incomplete understanding of human nature.5 The first section contends that the understanding that human beings are by nature competitive and consumptive wealth maximizers is not only contrary to the Pope’s teachings but also contrary to the latest research in the fields of neuroscience, neuro-psychology, cognitive psychology, educational psychology, economics, and behavioral economics. Second, the Pope provokes us to consider ...


Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez 2017 Seattle University School of Law

Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez

Seattle University Law Review

The first part of this Article will synthesize the key teachings of Pope Francis from his most important statements on economic structures and social justice and situate these teachings within contemporary economic realities and traditional social justice teachings. Part II of this Article will demonstrate that the Pope’s teachings on social justice fundamentally reflect the best learning from economists on how to sustain economic growth. Part III of this Article will show that nations that undertake policies to pursue the fundamental tenets of the Pope’s teachings (such as minimizing childhood poverty) also perform the best in achieving high ...


A Critique Of Pope Francis’S Laudato Si’, Nicholas Capaldi 2017 Seattle University School of Law

A Critique Of Pope Francis’S Laudato Si’, Nicholas Capaldi

Seattle University Law Review

This is a critique of Pope Francis’s encyclical Laudato si’. The author summarizes and examines Pope Francis’s description of the problem, analysis of the roots of the problem, and proposed solution of the problem within the context of the Roman Catholic tradition. The author concludes that the encyclical abandons rigorous argument, as it lists complaints without offering substantive alternatives.


Mercy Versus Fear, Or Where The Law On Migration Stands, Gilbert Paul Carrasco, Iryna Zaverukha 2017 Seattle University School of Law

Mercy Versus Fear, Or Where The Law On Migration Stands, Gilbert Paul Carrasco, Iryna Zaverukha

Seattle University Law Review

The theme of this Article contrasts the perspective of Papa Francisco on the subject of migration, juxtaposing his blueprint of mercy as the point of departure, with the oppositional resistance, which is based on various dimensions of fear. This perspective will be contextualized within the framework of both American immigration law and within the parameters of international human rights and transnational migration. Part I of this Article will consider the paradigm of mercy and fear in light of the various provisions of federal American immigration law in their historical context. It will recount many of the restrictive and nativist episodes ...


Laudato Si’: Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell 2017 Seattle University School of Law

Laudato Si’: Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell

Seattle University Law Review

This Essay considers the 2015 papal encyclical Laudato si’s engagement with Islamic religious and legal traditions in order to identify shared ethical and jurisprudential commitments and their broader implications for law. By 2025, Muslims will constitute 30% of the population of the world, while Catholics will likely be between 15% and 20%. The history of interreligious conflict is long and enduring. In many cases, legal structures related to security and immigration have exacerbated these tensions, prompting uncertainty and instability.5 Laudato si’ is a strategic document, intended to address climate change, increasing economic inequity, and interreligious conflict by opening ...


A Cosmopolitan Church Confronts Right-Wing Populism, Vincent Rougeau 2017 Seattle University School of Law

A Cosmopolitan Church Confronts Right-Wing Populism, Vincent Rougeau

Seattle University Law Review

Are all human beings of equal moral worth? If so, does this proposition generate moral obligations to others that transcend national and cultural boundaries? Cosmopolitans would answer yes to each of these questions, as would Pope Francis and Catholic Social Teaching (CST). Given our interconnected economic system, a global perspective on justice is not only pragmatic but also morally essential. In recent years, however, what had been an emerging consensus centered on a cosmopolitan view of the reciprocal responsibilities of nations has been stifled by a rising tide of nationalism and right-wing populism. As a right-wing populist leader of a ...


Where Morality And The Law Coincide: How Legal Obligations Of Bystanders May Be Informed By The Social Teachings Of Pope Francis, Amelia J. Uelmen 2017 Seattle University School of Law

Where Morality And The Law Coincide: How Legal Obligations Of Bystanders May Be Informed By The Social Teachings Of Pope Francis, Amelia J. Uelmen

Seattle University Law Review

Since the beginning of his pontificate, Pope Francis has offered to the world powerful signs of how we should aspire to treat each other as human beings, as brothers and sisters in the one human family. He has communicated his message and his teachings in myriad ways: through symbolic gestures; his presence and words at gatherings in our world’s most troubled places; brief messages, homilies and meditations; and official documents that continue the application of the principles of Catholic social teaching to contemporary social questions. What might these prophetic signs and statements mean for the dialogue between Catholic social ...


God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale 2017 University of Maine School of Law

God's Green Earth? The Environmental Impacts Of Religious Land Use, Kellen Zale

Maine Law Review

Boulder County, Colorado has been at the forefront of the environmental movement for decades. Starting with its citizens’ vote in 1967 to implement a tax specifically to preserve open space, the city has long been known for its progressive environmental policies. At the center of Boulder’s environmental protection efforts is a comprehensive system of land use regulations designed to mitigate the slow chokehold of ever-encroaching development on wetlands and open space, on groundwater and soils, and on wildlife and native species. Numerous communities across the country have followed Boulder’s much-praised model and enacted their own environmental zoning laws ...


Fault In The Law: The Influence Of The Penitentials On The Anglo-Saxon Legal System, Erika Nagy Lert 2017 St. John's University School of Law

Fault In The Law: The Influence Of The Penitentials On The Anglo-Saxon Legal System, Erika Nagy Lert

The Catholic Lawyer

No abstract provided.


Religious Arbitration And Its Struggles With American Law & Judicial Review, Sukhsimranjit Singh 2017 Pepperdine University

Religious Arbitration And Its Struggles With American Law & Judicial Review, Sukhsimranjit Singh

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Alienation Of Church Property Under The New Code Of Canon Law, Reverend Donald Heintschel 2017 St. John's University School of Law

Alienation Of Church Property Under The New Code Of Canon Law, Reverend Donald Heintschel

The Catholic Lawyer

No abstract provided.


Alienation Of Church Property Under The New Code Of Canon Law, Thomas A. Rayer 2017 St. John's University School of Law

Alienation Of Church Property Under The New Code Of Canon Law, Thomas A. Rayer

The Catholic Lawyer

No abstract provided.


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