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Disaggregating Corpus Christi: Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Or The Importance Of Toleration, Katharine Jackson 2015 Columbia University

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

Katharine Jackson

To date, much of the debate regarding Hobby Lobby boils down to an overly simplistic and dichotomous invective. On one side, progressives proclaim that for-profit businesses merit no rights – religious or otherwise. On the other side, advocates of religious freedom demand that such freedom must extend to any and all people, no matter how they choose to organize themselves. To get to the nut of the debate, though, we have to open the black box of group religious exercise. We must examine, as any proponents of liberal freedoms must, the impact of public policy and law on actual individuals, not ...


Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley 2015 University of Georgia School of Law

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.


Metaphysical Univocity And The Immanent Frame: Defending Religious Liberty In A Secular Age?, Harry G. Hutchison 2015 George Mason University School of Law

Metaphysical Univocity And The Immanent Frame: Defending Religious Liberty In A Secular Age?, Harry G. Hutchison

Harry G. Hutchison

This article is the first installment of three articles. This article examines and appropriates concepts such as metaphysical univocity (a scheme initiated by John Duns Scotus and enriched by insights proffered by Muslim philosopher Ibn Sīnā) and then considers the immanent frame as part of my defense of religious liberty. The second installment applies my defense to current controversies in the United States. The third installment utilizes ideas and concepts from the first two articles as part of a comparative study of religious liberty in Turkey wherein I considers the status of religious minorities within Turkey’s borders. This tri-part ...


Book Review: The Concept Of State And Law In Islam. Farooq Hassan. University Press Of America, 1981., Noor Mohammad 2015 University of Baltimore

Book Review: The Concept Of State And Law In Islam. Farooq Hassan. University Press Of America, 1981., Noor Mohammad

Georgia Journal of International & Comparative Law

No abstract provided.


Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall 2015 Legal Studies & Business Ethics/Wharton University of Pennsylvania

Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall

Amy J. Sepinwall

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...


The Need For A Law Of Church And Market, Nathan B. Oman 2015 William & Mary Law School

The Need For A Law Of Church And Market, Nathan B. Oman

Faculty Publications

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought ...


Crafting A Parental Challenge Against The Affordable Care Act's Contraceptive Mandate After Hobby Lobby, Kevin M. LeRoy 2015 Indiana University - Bloomington

Crafting A Parental Challenge Against The Affordable Care Act's Contraceptive Mandate After Hobby Lobby, Kevin M. Leroy

Kevin M LeRoy

The free exercise of religion is perhaps the area of greatest change in the law today. High profile free exercise challenges have developed against the Affordable Care Act, same-sex marriage, and regulations involving abortion. This Comment explores one potential area of growth in the free exercise legal landscape: the availability of a parental challenge to the Affordable Care Act’s Contraceptive Mandate. In Burwell v. Hobby Lobby, the Supreme Court held that the Mandate, as applied to closely held for-profit businesses with religious objections to the facilitation of contraceptive services, violated the Religious Freedom Restoration Act. This Comment argues that ...


“Labeling Games”: Classification Of Counseling As Speech Versus Conduct, Diahann DaSilva 2015 Boston College Law School

“Labeling Games”: Classification Of Counseling As Speech Versus Conduct, Diahann Dasilva

Boston College Law Review

Courts have long recognized that the First Amendment protects both certain classes of speech and certain forms of conduct. Recently, in the context of state regulations prohibiting a particular form of counseling, courts have considered whether mental health counseling in the form of talk therapy falls within the category of conduct protected under the First Amendment. This Note argues that labeling an activity that takes place by means of speech as conduct is improper and leads to the perverse result of avoiding First Amendment analysis. In doing so, this Note examines the protection of speech and conduct under the First ...


La República Laica Y Sus Libertades. Las Reformas A Los Artículos 24 Y 40 Constitucionales, Javier Martín Reyes, Pedro Salazar Ugarte, Paulina Barrera Rosales, Vladimir Chorny Elizalde, Ana Gaitán Uribe, María de Guadalupe Salmorán Villar 2015 Columbia University

La República Laica Y Sus Libertades. Las Reformas A Los Artículos 24 Y 40 Constitucionales, Javier Martín Reyes, Pedro Salazar Ugarte, Paulina Barrera Rosales, Vladimir Chorny Elizalde, Ana Gaitán Uribe, María De Guadalupe Salmorán Villar

Javier Martín Reyes

The Secular Republic and its Freedoms: Constitutional Amendments to Articles 24 and 40.


Vicarious Liability And Non-Delegable Duty In Common Law Actions Based On Institutional Child Abuse, Neil J. Foster 2015 University of Newcastle, NSW, Australia

Vicarious Liability And Non-Delegable Duty In Common Law Actions Based On Institutional Child Abuse, Neil J. Foster

Neil J Foster

The paper discusses the options for holding institutions civilly liable for child sexual abuse. In particular it suggests that the law of non-delegable duty ought to be extended to intentional torts like battery.


Verboten: Forbidden Homeschooling In Germany And Its Conflict With International Religious Freedom., Jacob A. Aschmutat 2015 Emory University

Verboten: Forbidden Homeschooling In Germany And Its Conflict With International Religious Freedom., Jacob A. Aschmutat

Jacob A Aschmutat

Germany maintains strict compulsory education laws that prevent families from educating their children at home. Germany strictly enforces these laws, with little regard to the families’ incentives to remove their children from the public schools. As such, these laws contain no exemption for families interested in homeschooling for religious purposes. The absence of such an exemption seems to contradict the internationally recognized right to religious freedom, a right concretely granted through three international treaties that Germany has both signed and ratified.

Several decisions by the European Court of Human Rights give little to no credence to the notion of religious ...


Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello 2015 Indiana Tech Law School

Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello

Adam Lamparello

The Alabama Court of the Judiciary should remove Roy Moore from the Supreme Court of Alabama for a second and final time. Over ten years after being ousted from the Alabama Supreme Court, Chief Justice Moore is embroiled in yet another controversy that involves disregarding the federal courts and creating chaos in the legal system. In fact, Moore recently stated that he would ignore the Supremacy Clause and not respect a U.S. Supreme Court decision invalidating same-sex marriage bans. That statement brings back memories of Governor Wallace’s infamous stand at the schoolhouse door. At least Wallace had a ...


Does Shari’A Play A Role In Turkey?, Russell Powell 2015 Pepperdine University

Does Shari’A Play A Role In Turkey?, Russell Powell

Pepperdine Law Review

An essay is presented in which the author explores the relationship of religious law with contemporary Turkey. Topics discussed include certain civil law supporting adoption of Sharia in Turkey, role of religious people in providing protection to religious freedom in Turkey, and role of traditional Kemalist secularism laiklik in distinguishing Turkey.


“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger 2015 Pepperdine University

“A Jewish And Democratic State:” Reflections On The Fragility Of Israeli Secularism, Zvi Triger

Pepperdine Law Review

An essay is presented in which the author explores fragility of Israeli secularism related to Jewish religion. Topics discussed are the impact of religious monopoly over personal status in Israel on Israeli secularism, the origination of religious monopoly over personal status during the Ottoman Empire's rule over Palestine, and dispute resolution of domestic cases in communities' and tribes' religious tribunals under their religious laws.


“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty 2015 Pepperdine University

“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty

Pepperdine Law Review

At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There ...


Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim 2015 Pepperdine University

Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim

Pepperdine Law Review

The article focuses on the concepts of religion in secular states such as Republic of Turkey. Topics discussed include distinction between secularism and religion, views of philosopher of liberalism John Locke on delegation of matters of faith to the Church and matters of public good to the state along with the relationship of modernization and secularism.


Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin 2015 Pepperdine University

Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin

Pepperdine Law Review

The article focuses on role of the U.S. courts in confronting religious laws in dispute resolution of various cases of domestic relations, contracts, and torts. Topics discussed include role of secular courts in maintaining constitutional balance between the free exercise and establishment clauses, constitutional challenges faced by religious adherents, and importance of legal pluralism in the U.S.


Rethinking The “Religious-Question” Doctrine, Christopher C. Lund 2015 Pepperdine University

Rethinking The “Religious-Question” Doctrine, Christopher C. Lund

Pepperdine Law Review

The “religious question” doctrine is a well-known and commonly accepted notion about the First Amendment’s Religion Clauses. The general idea is that, in our system of separated church and state, courts do not decide religious questions. And from this premise, many things flow — including the idea that courts must dismiss otherwise justiciable controversies when they would require courts to resolve religious questions. Yet a vexing thought arises. The religious-question doctrine traditionally comes out of a notion that secular courts cannot resolve metaphysical or theological issues. But when one looks at the cases that courts have been dismissing pursuant to ...


Religious Tribunals And Secular Courts: Navigating Power And Powerlessness, Michelle Greenberg-Kobrin 2015 Pepperdine University

Religious Tribunals And Secular Courts: Navigating Power And Powerlessness, Michelle Greenberg-Kobrin

Pepperdine Law Review

In this article, the author discusses the ways such as common law, and contracts employed by religious systems for navigating their relationship with legal systems of secular states. Topics discussed include the role of religious contracts in helping religious systems negotiate with secularism, the role of religious contracts in protecting autonomy of religious systems, and the structure of marriage and divorce in Jewish law.


Introduction: Religious Law In The 21st Century, Michael A. Helfand 2015 Pepperdine University

Introduction: Religious Law In The 21st Century, Michael A. Helfand

Pepperdine Law Review

An introduction is presented in which the editor discusses various articles present in symposium including role of the U.S. courts in interpreting religious laws, practice of religious laws in secular states, and political, and legal structures of Jewish and Islamic identities.


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