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Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett 2014 Maurer School of Law: Indiana University

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.


Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford 2014 University of Georgia School of Law

Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford

Georgia Journal of International & Comparative Law

No abstract provided.


The Death Of Islamic Law, Haider Ala Hamoudi 2014 University of Georgia School of Law

The Death Of Islamic Law, Haider Ala Hamoudi

Georgia Journal of International & Comparative Law

No abstract provided.


Money From Syar’Iah Perspective, Anowar Zahid 2014 SelectedWorks

Money From Syar’Iah Perspective, Anowar Zahid

Anowar Zahid

In history, paper money systems have always wound up with collapse and economic chaos. Today, the usage of fiat currency, a form of paper money and the correlate bank money has brought about wide spread hardships and sufferings upon many sectors of society and communities. Following in depth syari’ah analysis, the only conclusion that is possible is that fiat currency and bank money are illegal. They are, in reality, introduced through manipulative collaborations between governments and bank cartels, as they defy the long established sanction against riba’ (usury), operate at the advantage of a selected group in society to ...


Islamic Theory Of Conflict Of Commercial Law: A Proposition, Anowar Zahid 2014 SelectedWorks

Islamic Theory Of Conflict Of Commercial Law: A Proposition, Anowar Zahid

Anowar Zahid

The parties to an international commercial/financial contract may choose a single law or a combination of law like English law and Islamic law to settle their dispute that may arise therefrom. At the same time, they may choose a forum (law court or arbitration tribunal) belonging to an Islamic jurisdiction. Such a choice of law and forum deserve a theoretical enquiry from Islamic perspective since it gives rise two important issues. First, if the choice is a single secular law and it conflicts with Shari'ah law in full or in part, then how the forum will reconcile the ...


Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill 2014 Berkeley Law

Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill

Berkeley Journal of Middle Eastern & Islamic Law

No abstract provided.


Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson 2014 SelectedWorks

Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson

Kenneth Lasson

SACRED COWS, HOLY WARS

Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat

By Kenneth Lasson

Abstract

In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights and ...


Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp. Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson 2014 SelectedWorks

Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp. Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson

Eric Alan Isaacson

Recent discussions about the threat that same-sex couples hypothetically pose to the religious freedom of Americans whose religions traditions frown upon same-sex unions have largely overlooked the possibility that same-sex couples might have their own religious-liberty interest in being able to marry. The General Synod of the United Church of Christ brought the issue to the fore with an April 2014 lawsuit challenging North Carolina laws barring same-sex marriages.

Authored by a lawyer who represented the California Council of Churches and other religions organizations as amici curiae in recent marriage-equality litigation, this article argues that although marriage is a secular ...


Corporations And Religious Freedom: Hobby Lobby Stores - A Missed Opportunity To Reconcile A Flawed Law With A Flawed Health Care System, Matthew A. Melone 2014 SelectedWorks

Corporations And Religious Freedom: Hobby Lobby Stores - A Missed Opportunity To Reconcile A Flawed Law With A Flawed Health Care System, Matthew A. Melone

Matthew A. Melone

On June 30, 2014, the Supreme Court held, in Burwell v. Hobby Lobby Stores, Inc., that the requirement imposed on employer group health insurance plans to provide coverage for certain contraceptives unduly burdened the free exercise rights of three closely-held corporations in violation of the Religious Freedom Restoration Act of 1993 ( RFRA ). The contraception mandate was imposed by regulations implementing the Patient Protection and Affordable Care Act, itself a very controversial piece of legislation a part of which was upheld recently by the Court in a perhaps a case more controversial than Hobby Lobby Stores. RFRA was enacted to reinstate ...


Narrow Tailoring, Compelling Interests, And Free Exercise: On Aca, Rfra And Predictability, Mark Strasser 2014 SelectedWorks

Narrow Tailoring, Compelling Interests, And Free Exercise: On Aca, Rfra And Predictability, Mark Strasser

Mark Strasser

The holding in Burwell v. Hobby Lobby Stores, Incorporated was narrow in scope—closely held, for-profit corporations must be afforded an exemption from providing insurance coverage for a few types of contraception if the corporation has religious objections to providing that coverage. In addition, the exemption requirement was based on a construction of federal statute rather than on the Constitution’s free exercise guarantees. Both the narrowness of the holding and the Court’s express disavowal that it was offering a constitutional analysis might make the opinion appear relatively inconsequential. However, because the opinion changes the focus and standards of ...


The Political Function Of Revelation: Lessons From The Hebrew Bible, Geoffrey P. Miller 2014 NELLCO

The Political Function Of Revelation: Lessons From The Hebrew Bible, Geoffrey P. Miller

New York University Public Law and Legal Theory Working Papers

This article examines the political theory of revelation in the narratives of the Hebrew Bible, particularly the theophany at Sinai. Revelation occurs when God communicates information to human beings. The biblical narratives use the modality of a revelation to signal the importance of the message being conveyed. They also identify techniques for limiting revelation’s destabilizing potential: embedding, which restricts God’s ability to change his mind; authentication, which tests the validity of revelations; and access rules which privilege political elites as recipients of God’s word.


The Religion Of Alcoholics Anonymous (Aa): Applying The Clergy Privilege To Certain Aa Communications, Ari J. Diaconis 2014 Cornell Law Library

The Religion Of Alcoholics Anonymous (Aa): Applying The Clergy Privilege To Certain Aa Communications, Ari J. Diaconis

Cornell Law Library Prize for Exemplary Student Research Papers

In the debate about AA’s status as a religion for clergy privilege purposes, there has been a lack of accurate information.315 AA originated from among the most evangelic of Christian movements, the Oxford Group. AA’s 12 Step program is so centered on a higher power as to preclude an atheist from moving beyond Step 2, let alone complete the entire 12 Step program.

AA’s historical origins and program of recovery are so faith based as to render it a religion under virtually any First Amendment definition.Indeed, courts have already defined AA as a religion in ...


Entender Los Males Economómicos Modernos A La Luz De La Doctrina Social Cátolica (Understanding Modern Economic Woes In Light Of Catholic Social Doctrine), Brian M. McCall 2014 University of Oklahoma College of Law

Entender Los Males Economómicos Modernos A La Luz De La Doctrina Social Cátolica (Understanding Modern Economic Woes In Light Of Catholic Social Doctrine), Brian M. Mccall

Brian M McCall

En sentido general, Santo Tomás Aquino predijo la parálisis y el caos del sistema financiero económico en Estados Unidos y Europa que ocurrió en 2008, cuando predijo que en una sociedad donde los intercambios injustos dominan, eventualmente todos los intercambios podrán cesar. Santo Tomás también señala que aunque la ley humana no pueda prohibir todas las injusticias, la sociedad no puede escapar de las consecuencias de trasgredir la ley divina que no deja nada en la impunidad. Así, al menos una parte de la explicación para esta crisis cuyos efectos permanecen con nosotros en la actualidad se encuentra en las ...


Natural Law, Natural Rights, And Same Sex Marriage, Shannon Holzer 2014 SelectedWorks

Natural Law, Natural Rights, And Same Sex Marriage, Shannon Holzer

Shannon Holzer

ABSTRACT

The Definition of Rights and Same-Sex Marriage

The claim that same-sex couples have the right to be married needs to be explained according to particular theories of rights. This presents a problem for same-sex marriage (SSM) advocates for two reasons. First, if SSM advocates suggest that they have a natural right to be married (as rights were understood by Thomas Jefferson in the Declaration of Independence), then they have the burden to prove that this is the case. Yet, Natural Rights entail Natural Law (NL), and NL tends to support teleological definitions of marriage. Thus, the SSM advocate must ...


Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon 2014 Touro College Jacob D. Fuchsberg Law Center

Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon

Touro Law Review

No abstract provided.


Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty

Touro Law Review

No abstract provided.


Active Symbols, Claudia E. Haupt 2014 Boston College Law School

Active Symbols, Claudia E. Haupt

Boston College Law Review

Visual representations of religious symbols continue to puzzle judges. Lacking empirical data on how images communicate, courts routinely dismiss visual religious symbols as “passive.” This Article challenges the notion that symbols are passive, introducing insights from cognitive neuroscience research to Establishment Clause theory and doctrine. It argues that visual symbolic messages can be at least as active as textual messages. Therefore, religious messages should be assessed in a medium-neutral manner in terms of their communicative impact, that is, irrespective of their textual or visual form. Providing a new conceptual framework for assessing religious symbolic messages, this Article reconceptualizes coercion and ...


Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer 2014 Touro College Jacob D. Fuchsberg Law Center

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


History, Creative Imagination And Forgiveness In Mediation On An International State, Paul J. Zwier 2014 SelectedWorks

History, Creative Imagination And Forgiveness In Mediation On An International State, Paul J. Zwier

Paul J Zwier

This article discusses Paul Ricoeur’s moral philosophy as a tool for the mediation of international disputes. It will argue that Ricoeur’s hermeneutics provides a lens to examine how a mediator can use language to explore with representative peacemakers a deeper sense of their histories as a pathway to creative imagination and problem solving. It will show how even and perhaps especially religious disputants can be led into a more profound sense of the complexity of their identity and history, in order to be able to discover a sense of urgency and responsibility necessary to be open to taking ...


History, Creative Imagination And Forgiveness In Mediation On An International State, Paul J. Zwier 2014 SelectedWorks

History, Creative Imagination And Forgiveness In Mediation On An International State, Paul J. Zwier

Paul J Zwier

This article discusses Paul Ricoeur’s moral philosophy as a tool for the mediation of international disputes. It will argue that Ricoeur’s hermeneutics provides a lens to examine how a mediator can use language to explore with representative peacemakers a deeper sense of their histories as a pathway to creative imagination and problem solving. It will show how even and perhaps especially religious disputants can be led into a more profound sense of the complexity of their identity and history, in order to be able to discover a sense of urgency and responsibility necessary to be open to taking ...


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