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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.


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 ...


Public Choice Theory, Catholic Social Teaching And Citizens United, Matthew J. Parlow 2016 University of St. Thomas, Minnesota

Public Choice Theory, Catholic Social Teaching And Citizens United, Matthew J. Parlow

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The "Teach The Controversy" Controversy, David K. DeWolf 2016 University of St. Thomas, Minnesota

The "Teach The Controversy" Controversy, David K. Dewolf

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Leap Of Faith: Intelligent Design's Trajectory After Dover, Joshua Rosenau 2016 University of St. Thomas, Minnesota

Leap Of Faith: Intelligent Design's Trajectory After Dover, Joshua Rosenau

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Constitutionality And Pedagogical Benefits Of Teaching Evolution Scientifically, Casey Luskin 2016 University of St. Thomas, Minnesota

The Constitutionality And Pedagogical Benefits Of Teaching Evolution Scientifically, Casey Luskin

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Barring Intelligent Design From Public Schools: A Philosophical And Legal Inquiry, Russell F. Pannier, Thomas D. Sullivan 2016 University of St. Thomas, Minnesota

Barring Intelligent Design From Public Schools: A Philosophical And Legal Inquiry, Russell F. Pannier, Thomas D. Sullivan

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Creation, Design And Evolution: Can Science Discover Or Eliminate God?, Peter M.J. Hess 2016 University of St. Thomas, Minnesota

Creation, Design And Evolution: Can Science Discover Or Eliminate God?, Peter M.J. Hess

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


A Catholic Theological Perspective On Evolution And Intelligent Design, Elias Carr 2016 University of St. Thomas, Minnesota

A Catholic Theological Perspective On Evolution And Intelligent Design, Elias Carr

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


How To Be An Anti-Intelligent Design Advocate, Francis J. Beckwith 2016 University of St. Thomas, Minnesota

How To Be An Anti-Intelligent Design Advocate, Francis J. Beckwith

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Intelligent Design And Judicial Minimalism: Further Thoughts On The "Is It Science?" Question, Jay D. Wexler 2016 University of St. Thomas, Minnesota

Intelligent Design And Judicial Minimalism: Further Thoughts On The "Is It Science?" Question, Jay D. Wexler

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Intelligent Design And The Constitution: The Truth Will Set Us Free (Reflections On Kitzmiller V. Dover Area School District), Patrick T. Gillen 2016 University of St. Thomas, Minnesota

Intelligent Design And The Constitution: The Truth Will Set Us Free (Reflections On Kitzmiller V. Dover Area School District), Patrick T. Gillen

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Laying Down One's Swords - Judaism's Just War, Sarah Bohman 2016 University of St. Thomas, Minnesota

Laying Down One's Swords - Judaism's Just War, Sarah Bohman

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


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