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Reinterpreting The Right To An Open Future: From Autonomy To Authenticity, Scott Altman 2016 BLR

Reinterpreting The Right To An Open Future: From Autonomy To Authenticity, Scott Altman

University of Southern California Legal Studies Working Paper Series

This paper reinterprets a child’s right to an open future as based on values other than autonomy. The paper identifies two goods that parents sometimes undermine when shaping their children’s values: authenticity and identification. It argues that these can be recognized as primary goods by both liberals and by fundamentalists. The paper then shows how we might re-conceptualize the right to an open future as protecting authenticity and identification rather than autonomy.

As a running example, the paper considers ultra-Orthodox Jews in Israel who deny their sons secular education beyond an elementary school level. If their sons do ...


The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414 2016 University of Arizona

The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414

Mathal

The idea of deducing legal rulings in Islamic law, or ijtihād, as well as the qualifications of the person who practices ijtihād, known as the mujtahid, has been a complex issue among Muslim ʿulamāʾ for centuries. Many Muslim ʿulamāʾ and Western scholars have maintained that the gate of ijtihād was closed. The title of mujtahid was therefore impossible to attain. The Moroccan intellectual al-Khamlīshī maintains that the strenuous conditions put forth by some of the Sunni jurists to qualify an individual to become a mujtahid actually contributed to the demise of ijtihād. These qualifications, according to al-Khamlīshī, were proven to ...


Lawyers And Biblical Prophets, Thomas L. Shaffer 2016 Notre Dame Law School

Lawyers And Biblical Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they ...


Taking Precautions When Shaping A Child's Values, Scott Altman 2016 BLR

Taking Precautions When Shaping A Child's Values, Scott Altman

University of Southern California Legal Studies Working Paper Series

Parents’ discretion to shape their children’s values is limited both by society’s interests in the people those children will become and by the children’s own interests. This article examines the limits imposed by children’s interests. It uses several examples, including ultra-Orthodox Jews in Israel who send their son to a school that does not teach secular subjects beyond an elementary-school level. If the son remains religious, his education will have been suitable. But if he does not, he will be ill-prepared to thrive in a secular society.

This article compares the religious parents’ choice about secular ...


Legal Implications Of Same Sex Marriage For Christian Life And Ministry, Neil J. Foster 2016 University of Newcastle, NSW, Australia

Legal Implications Of Same Sex Marriage For Christian Life And Ministry, Neil J. Foster

Neil J Foster

Considers the legal implication for Christian life and ministry of the possible introduction of same sex marriage in Australia.


Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer 2016 Notre Dame Law School

Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation. This paper describes how such federal and state protections limit state regulation of religious organizations under current ...


Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer 2016 Notre Dame Law School

Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation.

This paper describes how such federal and state protections limit state regulation of religious organizations under current ...


The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn 2016 University of Georgia School of Law

The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn

Journal of Intellectual Property Law

No abstract provided.


The International Secretariat Of Lawyers Of Pax Romana, Edward T. Fagan 2016 St. John's University School of Law

The International Secretariat Of Lawyers Of Pax Romana, Edward T. Fagan

The Catholic Lawyer

No abstract provided.


Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin 2016 University of Michigan Law School

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin

Christopher Serkin

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust ...


Condemning Religion: Rluipa And The Politics Of Eminent Domain, Nelson Tebbe, Christopher Serkin 2016 Selected Works

Condemning Religion: Rluipa And The Politics Of Eminent Domain, Nelson Tebbe, Christopher Serkin

Christopher Serkin

No abstract provided.


Lay Attorneys In Canonical Marriage Cases, Rt. Rev. Marion J. Reinhardt 2016 St. John's University School of Law

Lay Attorneys In Canonical Marriage Cases, Rt. Rev. Marion J. Reinhardt

The Catholic Lawyer

No abstract provided.


Protection Of Religious Free Speech In Australia, Neil J. Foster 2016 University of Newcastle, NSW, Australia

Protection Of Religious Free Speech In Australia, Neil J. Foster

Neil J Foster

This paper reviews the intersection and possible clashes between free speech and religious freedom in Australia.


The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause 2016 Liberty University

The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause

Fidei et Veritatis: The Liberty University Journal of Graduate Research

For centuries, the Mosaic Code (“MC”) has been viewed as Israel’s prescriptive legislation, whereby Jewish leaders were to judge infractions by the “letter of the law.” This view is one which permeates both pulpit and pew alike, even in this modern era. However, recent developments in scholarship are challenging this understanding of MC, concluding instead that this “law code” was not utilized in Israelite jurisprudence, but rather as a covenant contract that worked not prescriptively in the lives of the Jews, but rather descriptively, in that it relayed the heart of YHWH to its reader. Accordingly, MC was to ...


Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson 2016 Columbia University

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer 2016 William & Mary Law School

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

Faculty Publications

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers ...


The Role Of Personal Laws In Creating A “Second Sex”, Rangita de Silva de Alwis, Indira Jaising 2016 University of Pennsylvania

The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising

Faculty Scholarship

The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.


Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett 2016 Notre Dame Law School

Neutrality And The Good Of Religious Freedom: An Appreciative Response To Professor Koppelman, Richard W. Garnett

Richard W Garnett

This paper is a short response to an address, “And I Don’t Care What It Is: Religious Neutrality in American Law,” delivered by Prof. Andrew Koppelman at a conference, “The Competing Claims of Law and Religion: Who Should Influence Whom?”, which was held at Pepperdine University in February of 2012. In this response, it is suggested – among other things – that “American religious neutrality” is, as Koppelman argues, “coherent and attractive” because and to the extent that it is not neutral with respect to the goal and good of religious freedom.

Religious freedom, in the American tradition, is not what ...


Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett 2016 Notre Dame Law School

Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett

Richard W Garnett

Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child ...


Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett 2016 University of Notre Dame Law School

Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett

Richard W Garnett

Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.


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