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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.


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.


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 ...


New Anti-Discrimination Laws 'Erode Religious Freedom', Neil J. Foster, Katherine Towers 2014 SelectedWorks

New Anti-Discrimination Laws 'Erode Religious Freedom', Neil J. Foster, Katherine Towers

Neil J Foster

A newspaper report on the recent Victorian Cobaw case with comments from me on the issues.


The Political Function Of Revelation: Lessons From The Hebrew Bible, Geoffrey P. Miller 2014 Touro College Jacob D. Fuchsberg Law Center

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

Touro Law Review

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.


Catholic Ideas About War: Why Does Carl Schmitt Reject Natural Law Justifications Of War?, G.J. McAleer 2014 Touro College Jacob D. Fuchsberg Law Center

Catholic Ideas About War: Why Does Carl Schmitt Reject Natural Law Justifications Of War?, G.J. Mcaleer

Touro Law Review

No abstract provided.


A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee 2014 Touro College Jacob D. Fuchsberg Law Center

A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee

Touro Law Review

No abstract provided.


"Extraordinarily Called Upon By The Blessings Which We Have Received", Ronald R. Garet 2014 Touro College Jacob D. Fuchsberg Law Center

"Extraordinarily Called Upon By The Blessings Which We Have Received", Ronald R. Garet

Touro Law Review

No abstract provided.


Twenty-Five Years Of Law And Religion Scholarship: Some Reflections, Marie A. Failinger 2014 Touro College Jacob D. Fuchsberg Law Center

Twenty-Five Years Of Law And Religion Scholarship: Some Reflections, Marie A. Failinger

Touro Law Review

No abstract provided.


Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine 2014 Touro College Jacob D. Fuchsberg Law Center

Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine

Touro Law Review

In this article, the author introduces the articles published in the Symposium Issue of the Touro Law Review, which is a compilation of selected excerpts from the fourth annual Conference on Religious Legal Theory (“RLT”) held April 10-12, 2013. By introducing each article, the author shows a sampling of the variety of topics and disciplines explored and the range of perspectives represented at the Conference, which revolved around the theme RLT IV: Expanding the Conversation. The author provides the background of the panelists to give context to each article, and then briefly discusses the relevance and main ideas.


Christian Youth Camp Liable For Declining Booking From Homosexual Support Group, Neil J. Foster 2014 SelectedWorks

Christian Youth Camp Liable For Declining Booking From Homosexual Support Group, Neil J. Foster

Neil J Foster

Discusses the decision on appeal in Christian Youth Camps Limited & Ors v Cobaw Community Health Service Limited & Ors [2014] VSCA 75 (16 April 2014) and its implication for Christian organisations.


Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. McKay 2014 University of Massachusetts School of Law

Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. Mckay

University of Massachusetts Law Review

This Comment examines why a seemingly well-settled scientific issue, evolution through natural selection, continues to be the subject of so much legal controversy in public education. By exploiting misconceptions regarding the scientific method, religious special interest groups are able to persuade lawmakers to sneak religion into public school science classrooms across the country. This Comment considers the most recent incarnations of creationism and concludes by analyzing the impact the ongoing legal controversy has had on the American public’s understanding of science.


China’S Ftas And Gats: The Consistency, Christina Tao 2014 SelectedWorks

China’S Ftas And Gats: The Consistency, Christina Tao

Christina Tao

No abstract provided.


The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt 2014 SelectedWorks

The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt

Kyle Langvardt

Various forms of speech by the government implicate religion in one way or another. These include nativity scenes and Ten Commandments displays in town halls and courthouses, the words “Under God” in the Pledge of Allegiance, the printing of “In God We Trust” on money, and so on. Over the past three decades, the Court has attempted to analyze these questions under various “tests:” the government should not “endorse” religion; should not “coerce” religious compliance; should in all ways act “neutrally.” But none of these tests has enjoyed consensus on the Court. The leading test has never commanded the support ...


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