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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.


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.


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 ...


Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett 2016 Selected Works

Standing, Spending, And Separation: How The No-Establishment Rule Does (And Does Not) Protect Conscience, Richard W. Garnett

Richard W Garnett

No abstract provided.


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 ...


A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett 2016 Notre Dame Law School

A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett

Richard W Garnett

The government exempts religious associations from taxation and, in return, restricts their putatively political expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well-suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion - i.e., that it is a private matter - and of its proper place - i.e., in the private sphere, not ...


Introduction: Religion, Division, And The Constitution, Richard W. Garnett 2016 Notre Dame Law School

Introduction: Religion, Division, And The Constitution, Richard W. Garnett

Richard W Garnett

No abstract provided.


Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett 2016 Notre Dame Law School

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Richard W Garnett

No abstract provided.


Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett 2016 Notre Dame Law School

Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett

Richard W Garnett

Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope ...


Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman, Ahmed Eldakak 2016 Cairo University Law School

Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman, Ahmed Eldakak

Radwa Elsaman

The first parliamentary elections that followed the Egyptian Revolution witnessed an unprecedented success for Islamists as they secured an overwhelming majority of seats in parliament, suggesting that they may intend to amend many laws to bring parliament into compliance with Islamic Shari’a. This article addresses legal challenges that will face the new majority if they decide to Islamize laws and regulations related to business and finance. Particularly, the article discusses Islamic money theory, trade, banking systems, consumer protection, insurance, competition, and tax systems. The article analyzes Egyptian business and finance laws to examine whether they comply with Islamic law ...


The Letter Of Richard Wyche: An Interrogation Narrative, Christopher G. Bradley 2016 University of Kentucky

The Letter Of Richard Wyche: An Interrogation Narrative, Christopher G. Bradley

Christopher Bradley

This is a translation, with introduction, of the Letter of Richard Wyche—one of only two heresy interrogation narratives from medieval England written from the perspective of the accused heretic. The Letter is an autobiographical account of Richard Wyche’s interrogation, in 1402-1403, at the hands of church officials. Wyche originally composed the Letter in (Middle) English but it survives only in a Latin translation, alongside other forbidden texts in a manuscript now in Prague. Wyche wrote and covertly sent away this Letter to an audience of intimates sympathetic to the cause (the so-called Wycliffite or Lollard heresy) before his ...


Pro Deo Et Patria: The Greek Catholic Church And Ukrainian National Life - Past And Present, Brett R. McCaw 2016 University of St. Thomas, Minnesota

Pro Deo Et Patria: The Greek Catholic Church And Ukrainian National Life - Past And Present, Brett R. Mccaw

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm. 2016 St. John's University School of Law

The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm.

The Catholic Lawyer

No abstract provided.


The Liberal Polity And Illiberalism In Religious Traditions, Paul E. Salamanca 2016 University of Kentucky College of Law

The Liberal Polity And Illiberalism In Religious Traditions, Paul E. Salamanca

Paul E. Salamanca

It is in the nature of religious traditions to be somewhat illiberal. Indeed, a religion that does not require its adherents to affirm at least some belief is probably a logical impossibility. Christians, for example, must believe something about the nature of Christ. Even Unitarians, who advocate tolerance of all religions, must affirm a belief in tolerance.

Recently, and largely because of the events of September 11, 2001, enhanced attention has been paid to certain potentially illiberal aspects of Islam in the United States. The journalist Daniel Pipes, for example, has written about certain Moslem Americans who, according to his ...


Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca 2016 University of Kentucky College of Law

Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca

Paul E. Salamanca

In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Paul E. Salamanca discusses three historically prominent approaches to solving legal problems in ecclesiastical disputes.


The Cultural Limits Of Legal Tolerance, Benjamin Berger 2016 Osgoode Hall Law School of York University

The Cultural Limits Of Legal Tolerance, Benjamin Berger

Benjamin L Berger

This article presents the argument that our understanding of the nature of the relationship between modern constitutionalism and religious difference has suffered with the success of the story of legal tolerance and multiculturalism. Taking up the Canadian case, in which the conventional narrative of legal multiculturalism has such purchase, this piece asks how the interaction of law and religion - and, in particular, the practices of legal tolerance - would look if we sought in earnest to understand law as a component, rather than a curator, of cultural diversity in modern liberal societies. Understanding the law as itself a cultural form forces ...


Key Theoretical Issues In The Interaction Of Law And Religion: A Guide For The Perplexed, Benjamin Berger 2016 Osgoode Hall Law School of York University

Key Theoretical Issues In The Interaction Of Law And Religion: A Guide For The Perplexed, Benjamin Berger

Benjamin L Berger

There is perhaps no more important access point into the key issues of modern political and legal theory than the questions raised by the interaction of law and religion in contemporary constitutional democracies. Of course, much classical political and moral theory was forged on the issue of the relationship between religious difference and state authority. John Locke’s work was directly influenced by this issue, writing as he did about the just configuration of state authority and moral difference in the wake of the Thirty Years’ War. Yet debates about the appropriate role of religion in public life and the ...


Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo 2016 Brigham Young University Law School

Religious Freedom In Faith Based Educational Institutions In The Wake Of Obergefell V. Hodges: Believers Beware, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


Islamic Financing: A Successful Takeoff Or A Crash Landing? Whether Or Not Islamic Financing Should Be Used To Finance And Lease Aircraft, Jennifer Ann Urban 2016 Pepperdine University

Islamic Financing: A Successful Takeoff Or A Crash Landing? Whether Or Not Islamic Financing Should Be Used To Finance And Lease Aircraft, Jennifer Ann Urban

The Journal of Business, Entrepreneurship & the Law

As international air travel continues to increase, Islamic financing is a key option to consider in securing aviation financing. This paper begins with background information of the foundation of Islam. Then, it explains the applicable international treaties and their roles within Middle Eastern nations. Next, Islamic finance law is addressed, followed by Islamic aviation and leasing in general. Finally, this paper concludes with a case study of how these principles come into play in the United Arab Emirates.


Exceptionalism Unbound: Appraising American Resistance To Foreign Law, Mark C. Rahdert 2016 The Catholic University of America, Columbus School of Law

Exceptionalism Unbound: Appraising American Resistance To Foreign Law, Mark C. Rahdert

Catholic University Law Review

In a statewide referendum, voters approved a change to the Oklahoma state constitution, adopting restrictions on state judges’ ability to use of foreign law. Dubbed the “Save Our State” (“SOS”) Amendment, the measure forbade Oklahoma state judges from considering or using international or foreign law, except where required to do so by federal statutes or treaties. The SOS Amendment particularly prohibited the use of Sharia law. Similar measures (usually without specific references to Sharia law) have been proposed or adopted elsewhere.

These Amendments, as well as other developments in American politics, reflect a vigorous new strain of a deep-seated tendency ...


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