Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, 2018 James Madison University
Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway
Steven W Holloway
No abstract provided.
The Architecture Of Law: Building Law In The Classical Tradition, 2018 University of Oklahoma
The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall
Brian M McCall
Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, 2018 Cleveland-Marshall College of Law
Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson
Cleveland State Law Review
This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section ...
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, 2018 Becket Fund for Religious Liberty
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Stephanie H. Barclay, Mark L. Rienzi
Boston College Law Review
In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc., the notion that religious exemptions are dangerously out of step with norms of Constitutional jurisprudence has taken on a renewed popularity. Critics increasingly claim that religious exemptions, such as those available prior to Employment Division v. Smith and now available under the federal Religious Freedom Restoration Act (RFRA), are a threat to basic fairness, equality, and the rule of law. Under this view, exemptions create an anomalous private right to ignore laws that everyone else must obey, and such a scheme will ...
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, 2018 College of William & Mary Law School
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas
William & Mary Journal of Women and the Law
Turkey has much room for improvement regarding women’s education opportunities—particularly in eastern Anatolia. Despite the Turkish Republic’s outward secular appearance, Islamic law plays an increasingly important role in society. A potential solution to the government’s sluggish progress on gender equality may lie in the utilization of their religious directorate (Diyanet). The Diyanet could issue fatwas sympathetic to women’s rights, which may more effectively reach the conservative eastern Turkish population.
Enemy And Ally: Religion In Loving V. Virginia And Beyond, 2018 Fox School of Business, Temple University
Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt
Fordham Law Review
Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims ...
The Schofield/Gunner Decisions And Episcopal Church Property-Splitting Litigation: Considering Proposed Improvements To The Litigation Process And The Neutral Principles Of Law Doctrine, Ten Years On, 2018 College of William & Mary Law School
The Schofield/Gunner Decisions And Episcopal Church Property-Splitting Litigation: Considering Proposed Improvements To The Litigation Process And The Neutral Principles Of Law Doctrine, Ten Years On, Timothy D. Watson
William & Mary Business Law Review
In recent years, the Episcopal Church in the United States has seen a spate of parishes leaving the Church. Many of these departing parishes have attempted to take property with them as they leave and continue to operate independently or realign themselves with a different denomination. The Episcopal Church maintains that this property is held by the parishes on behalf of the national Church, and has generally been successful in obtaining a return of the property through legal action. In deciding these suits, state courts have skirted carefully around the contours of ecclesiastical questions; many state courts, following the Supreme ...
Sex And Religion: Unholy Bedfellows, 2018 University of North Carolina School of Law
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Michigan Law Review
A review of Geoffrey R. Stone, Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century.
Rfra As Legislative Entrenchment, 2018 Pepperdine University
Rfra As Legislative Entrenchment, Branden Lewiston
Pepperdine Law Review
When there is a conflict between two federal statutes, the more recent statute overrides the past statute. However, courts have used the Religious Freedom Restoration Act (RFRA) to preempt federal laws passed after it. Normally that is the role of constitutional provisions, not statutes. RFRA has been subject to much constitutional criticism, but its attempt to control subsequent federal law has drawn little attention. Courts use RFRA to trump subsequent federal statutes without second thought. This Essay draws on legislative entrenchment doctrine to argue that this feature of RFRA is unconstitutional. RFRA should be used to strike down prior laws ...
Shades Of Theology In Suits Affecting The Parent-Child Relationship: A Tribute Honoring The Memory Of Professor Joseph W. Mcknight, 2018 Southern Methodist University
Shades Of Theology In Suits Affecting The Parent-Child Relationship: A Tribute Honoring The Memory Of Professor Joseph W. Mcknight, Dr. Beverly Caro Dureus
SMU Law Review
No abstract provided.
Contextualizing The Free Exercise Of Religion, 2018 University of Florida Levin College of Law
Contextualizing The Free Exercise Of Religion, Adam Lamparello
Florida Law Review
The level of protection afforded to an individual’s First Amendment right to freely exercise religion should depend upon the context within which it is exercised. Put differently, an individual’s right to religious liberty should be balanced against other individuals’ right to equal protection of the law, and the broader societal interest in protecting individuals from invidious discrimination. This Article proposes a multifactor test that fully protects the right to freely exercise one’s religion while simultaneously safeguarding equal protection and antidiscrimination guarantees. Specifically, the level of protection afforded to a free exercise claim should depend, among other things ...
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, 2018 Concordia University School of Law
The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga
Africa is the most conflict-ridden region of the world and has been since the end of the Cold War. The Continent's performance in both development and human rights continues to lag behind other regions in the world. Such conditions can cause religious differences to escalate into conflict, particularly where religious polarity is susceptible to being exploited. The sheer scale of such conflicts underscores the urgency and significance of interreligious engagement and dialogue: 'Quantitative and qualitative analysis based on a ... database including 28 violent conflicts show that religion plays a role more frequently than is usually assumed.' This ...
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, 2018 Concordia University School of Law
Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga
This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims ...
Praying For Clarity: Lund, Bormuth, And The Split Over Legislator-Led Prayer, 2018 Boston College Law School
Praying For Clarity: Lund, Bormuth, And The Split Over Legislator-Led Prayer, John Gavin
Boston College Law Review
On September 6, 2017, the en banc U.S. Court of Appeals for the Sixth Circuit released its opinion in Bormuth v. County of Jackson, finding prayers offered by the Jackson County Board of Commissioners constitutional under the Establishment Clause. That decision involved detailed factual analysis, which varied greatly from the analysis used by the en banc U.S. Court of Appeals for the Fourth Circuit to find nearly identical prayers by the Rowan County Board of Commissioners unconstitutional in Lund v. Rowan County on July 14, 2017. This Comment argues that the method of analysis conducted by the en ...
Social Contract Neutrality And The Religion Clauses Of The Federal Constitution, 2018 Concordia University School of Law
Social Contract Neutrality And The Religion Clauses Of The Federal Constitution, Gregory S. Sergienko
'Neutrality' has become the slogan that the Supreme Court uses for judging all claims of freedom of religion whether under the Establishment Clause or the Free Exercise Clause. However, the word 'neutrality' conceals the Court's inconsistent use of the concept. Thus, in Rosenberger v. Rectors of the University of Virginia, the recent debate about funding for religious publications, both the majority and the dissent asserted that only their approach was truly neutral. This inconsistency in the meaning of neutrality in the religion clauses is merely part of a general inconsistency in the Court's treatment of the religion clauses ...
A King Who Devours His People: Jiang Zemin And The Falun Gong Crackddown: A Bibliography, 2018 Concordia University School of Law
A King Who Devours His People: Jiang Zemin And The Falun Gong Crackddown: A Bibliography, Michael J. Greenlee
In July 1999, the government of the People’s Republic of China (PRC) and the Chinese Communist Party (CCP) began an official crackdown against the qigong cultivation group known as Falun Gong. Intended to quickly contain and eliminate what the PRC considers an evil or heretical cult (xiejiao), the suppression has instead created the longest sustained and, since the Tiananmen Square protests of June 1989, most widely known human rights protest conducted in the PRC. The Falun Gong has received worldwide recognition and support while the crackdown continues to provoke harsh criticism against the PRC as new allegations of human ...
Zombie Religious Institutions, 2018 Northwestern Pritzker School of Law
Zombie Religious Institutions, Elizabeth Sepper
Northwestern University Law Review
This Article uncovers and names a phenomenon of pressing importance for healthcare policy and religious liberty law: the rise of zombie religious institutions—organizations that have contractual commitments to religious identity but lack actual attachments to churches or associations of religious people. Contracts create religion—sometimes in perpetuity—for institutions that are not, or never have been, religious and for providers who do not share the institution’s religious precepts. This Article details religion’s spread across healthcare through affiliations, mergers, and—most surprisingly—sales of hospitals that continue religious practice after their connection to a church ends. These contracts ...
The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, 2018 Marquette University Law School
The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman
Marquette Law Review
This Article explores John Locke’s theory of religious liberty, which deeply influenced the adoption of the First Amendment and the first state bills of rights. Locke sharply criticized the religious and political order of Restoration England—a regime in which the king claimed to hold absolute power by divine right and in which individuals were required by law to conform to the established church.
In opposition to this regime, Locke developed a powerful theory of human beings as rational creatures who were entitled to think for themselves, to direct their own actions, and to pursue their own happiness within ...
The Vatican View On Sport At The Service Of Humanity, 2018 University of Notre Dame
The Vatican View On Sport At The Service Of Humanity, Ed Edmonds
Notre Dame Journal of International & Comparative Law
Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and ...
Never On Sunday: Workplace Religious Freedom In The New Millennium, 2018 University of Maine School of Law
Never On Sunday: Workplace Religious Freedom In The New Millennium, Marianne C. Delpo
Maine Law Review
Imagine being fired for refusing to sing Happy Birthday. Now imagine collecting $53,000 for that firing--from a waitressing job. Science fiction? Not exactly. Try religious discrimination in the workplace--1990s style. Title VII of the Civil Rights Act of 1964 has long proscribed such treatment, but lawsuits claiming this type of workplace discrimination were relatively rare for many years. Now claims are on the rise, up 18% over the past five years, and the substance of religious discrimination claims is changing to include some unprecedented fact patterns. This new activity in employment discrimination law, as well as the growing likelihood ...