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Schrödinger's Corporation: The Paradox Of Religious Sincerity In Heterogeneous Corporations, Catherine A. Hardee 2020 California Western School of Law

Schrödinger's Corporation: The Paradox Of Religious Sincerity In Heterogeneous Corporations, Catherine A. Hardee

Boston College Law Review

Consider a corporation where one group of shareholders holds sincere religious beliefs and another group of shareholders does not share those beliefs but, for a price, will allow the religious shareholders to request a religious exemption to a neutrally applicable law on behalf of the corporation. The corporation is potentially both religiously sincere and insincere at the same time. A claim by the corporation for a religious accommodation requires the court to solve the paradox created by this duality and to declare the corporation, as a whole, either sincere or insincere in its beliefs. Although the Supreme Court and scholars ...


The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence, Kami Orton 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Clergy-Penitent Privilege: The Role Of Clergy In Perpetuating And Preventing Domestic Violence, Kami Orton

Nevada Law Journal Forum

Domestic violence occurs at alarming rates in all socioeconomic levels, races, locations, sexual orientations, and professions. Domestic violence occurs at similar frequencies among religious and non-religious individuals. Clergy play an important role in religious communities. The clergy-penitent privilege was created to protect the relationship between clergy and communicant and prevents clergy from testifying about spiritual communications. However, the privilege is currently an absolute privilege which is unnecessary and hurts victims and survivors of domestic violence. Additionally, the statutorily written privilege is not aligned with the application and practice of the privilege. Practice indicates clergy tend to desire to testify and ...


Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa 2020 St. Mary's University

Can We Have Our Cake And Eat It Too?: What Masterpiece Cakeshop And Religious Refusals Mean For Texas’S Adoption Bill, Nadeen Abou-Hossa

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Fighting For Religious Freedom; Muhammad Ali And His Battle Against The U.S. Supreme Court, Jessica Wakelin 2020 William & Mary

Fighting For Religious Freedom; Muhammad Ali And His Battle Against The U.S. Supreme Court, Jessica Wakelin

Undergraduate Honors Theses

This thesis explores Muhammad Ali's 1971 draft evasion court case and the implications that his religion, race/views on racial issues, and surveillance by the FBI had on judicial proceedings. The Supreme Court was tasked with determining the sincerity of Ali's religious convictions and therefore if his claim to conscientiously object to war was valid. The combination of the different facets of Ali's identity tested the court's ability to be objective and thus, this thesis argues, his access to constitutionally granted religious freedoms were restricted.


In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy 2020 Pepperdine University

In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy

Pepperdine Dispute Resolution Law Journal

Arguably, binding religious arbitration agreements are constitutionally problematic because they hinder freedom of religion: They inhibit parties’ ability to change their beliefs. However, religious arbitration agreements also offer an outlet for the religiously inclined to further practice their beliefs. This Article offers a middle ground: If a party to a religious arbitration agreement changes religion, he or she can claim a “conscientious objector” status if he or she can prove the agreement violates his or her sincerely held religious beliefs. Courts are allowed to inquire into the sincerity of a person’s religious beliefs. The religious question doctrine — which restricts ...


Myanmar's Genocide And The Legacy Of Forgetting, Catherine Renshaw 2020 Western Sydney University

Myanmar's Genocide And The Legacy Of Forgetting, Catherine Renshaw

Georgia Journal of International & Comparative Law

No abstract provided.


First Amendment “Harms”, Stephanie H. Barclay 2020 BYU Law

First Amendment “Harms”, Stephanie H. Barclay

Indiana Law Journal

What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition ...


Non-Traditional Church Involvement As A Life-Course Turning Point: Qualitative Interviews With Religious Offenders, William Hunter Holt 2020 University of Southern Mississippi

Non-Traditional Church Involvement As A Life-Course Turning Point: Qualitative Interviews With Religious Offenders, William Hunter Holt

Dissertations

This research project conducted and then analyzed qualitative interviews from former and current addicts and criminal offenders who are voluntarily participating in the Christian faith at the same non-traditional, Protestant church. An abridged case study of this church is also provided for background and context. Life-course theory and grounded theory are utilized.

Both the offenders and this church were chosen in an attempt to better understand how the offenders’ involvement at this house of worship, along with their faith in general, have impacted them. Obtaining the perspectives of the offender is essential for three reasons. First, qualitative research conducted in ...


What Can We Expect Of Law And Religion In 2020?, Leslie C. Griffin 2020 University of Nevada, Las Vegas William S. Boyd School of Law

What Can We Expect Of Law And Religion In 2020?, Leslie C. Griffin

SMU Law Review Forum

The United States is in a religion-friendly mood—or at least its three branches of government are. The Supreme Court is turning away from its Free Exercise Clause analysis that currently holds that every religious person must obey the law. At the same time, the Court is rejecting its old Establishment Clause analysis that the government cannot practice or support religion. The old model of separation of church and state is gone, replaced by an ever-growing unity between church and state. This Article examines how much union of church and state this Court might establish.


Masterpiece Cakeshop: A Formula For Legislative Accommodations Of Religion, Matthew A. Brown 2020 The University of Akron

Masterpiece Cakeshop: A Formula For Legislative Accommodations Of Religion, Matthew A. Brown

Akron Law Review

When two core identities clash, such as sexual orientation and religious belief, which one should prevail? I argue that, rather than picking a winner and a loser, the Supreme Court in Masterpiece Cakeshop allowed for a much broader solution than the Court was able to provide—legislative accommodations rooted in tolerance that protect the dignity of same-sex couples and respect sincere religious beliefs.

In Masterpiece Cakeshop, a Colorado baker refused to design a cake for a same-sex wedding based on his religious beliefs. Instead of picking a broad winner and loser, the Supreme Court ruled narrowly by finding the Colorado ...


"Christian Traditions, Culture, And Law": An Update And A Few Reflections, Robert F. Cochran Jr. 2020 Pepperdine University

"Christian Traditions, Culture, And Law": An Update And A Few Reflections, Robert F. Cochran Jr.

Pepperdine Law Review

Using Richard Niebuhr’s description of Christian approaches to culture, this Article examines the way Christians approach law, focusing on developments over the last 20 years. During that time, synthesists have continued to develop natural law, seeking an understanding of law based on shared human goods and reason, an approach that can generate a common approach among people of all faiths and no faith. Conversionists, including those on both the political left and right, argue for changes in law that will reflect Christian understandings of the good. Separatists (including many former conversionists) argue that American culture and law have become ...


One Step Enough, Steven D. Smith 2020 Pepperdine University

One Step Enough, Steven D. Smith

Pepperdine Law Review

The growing divide between contemporary law and culture and Christianity forces Christians both in general and in the academy to confront difficult choices. The difficulty of those choices was manifest in the most recent presidential election. In this situation, some Christians take an aggressive or triumphalist stance; others are more inclined to a retreatist approach sometimes labeled “the Benedict Option.” What the right response is poses both prudential and theological questions about which Christians disagree, and about which confident answers are elusive. In this context, Professor Bob Cochran’s distinguished career exemplifies a path of humility in which the Christian ...


Jesus Came "Not To Abolish The Law But To Fulfill It": The Sermon On The Mount And Its Implications For Contemporary Law, David VanDrunen 2020 Pepperdine University

Jesus Came "Not To Abolish The Law But To Fulfill It": The Sermon On The Mount And Its Implications For Contemporary Law, David Vandrunen

Pepperdine Law Review

This Article interprets Matthew 5:17–48 and argues that, because Jesus came not to abolish but to fulfill the law and the prophets, the Old Testament law takes on a new form for New Testament Christians. The law of God has been refracted through the ministry of Christ. While Matthew 5 does not address contemporary human law directly, its teaching does have radical implications for it. These implications flow particularly from the fact that Matthew 5 marks a decisive shift from the Mosaic theocracy to the worldwide new-covenant church that has no civil jurisdiction.


Divided By The Sermon On The Mount, David Skeel 2020 Pepperdine University

Divided By The Sermon On The Mount, David Skeel

Pepperdine Law Review

This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice. One side of today’s divide—the religious right—can be traced directly back to the fundamentalist critics ...


Comparing Literary And Biblical Hermeneutics To Constitutional And Statutory Interpretation, Robert J. Pushaw Jr. 2020 Pepperdine University

Comparing Literary And Biblical Hermeneutics To Constitutional And Statutory Interpretation, Robert J. Pushaw Jr.

Pepperdine Law Review

Interpreters determine the meaning of language. To interpret literary and biblical texts, scholars have developed detailed rules, methods, and theories of human understanding. This branch of knowledge, “hermeneutics,” features three basic approaches. First, “textualists” treat words as directly conveying their ordinary meaning to a competent reader today. Second, “contextualists” maintain that verbal meaning depends on generally shared linguistic conventions in the particular historical and cultural environment of the author—and that therefore translations or commentaries are necessary to make the writing intelligible to a modern reader. Third, “hermeneutic circle” scholars argue that texts have no objective meaning. Rather, a person ...


The Metaphorical Bridge Between Law And Religion, John Witte Jr. 2020 Pepperdine University

The Metaphorical Bridge Between Law And Religion, John Witte Jr.

Pepperdine Law Review

This Article explores the role of metaphors in shaping our thought and language in general, and in the fields of law and religion in particular. Drawing on modern cognitive theorists like George Lakoff and Mark Johnson, the Article distinguishes and illustrates the roles of “orientation,” “structural,” and “ontological” metaphors in everyday life and language. Drawing on jurists like Robert Cover and Steven Winter, it shows how metaphors work both in describing the law in terms like “the body,” and in prescribing the foundational beliefs and values on which the legal system depends. Finally, the Article explores the ample use of ...


The Dutch Effect: Kuyper And Neo-Calvinism In Professor Cochran's Scholarship, David S. Caudill 2020 Pepperdine University

The Dutch Effect: Kuyper And Neo-Calvinism In Professor Cochran's Scholarship, David S. Caudill

Pepperdine Law Review

One of the obvious influences on Bob Cochran’s scholarship is the Dutch Calvinist tradition, especially as represented in the writings by or about Abraham Kuyper (1837–1920). Even though Cochran was neither Dutch nor a member of a Reformed church, Cochran found inspiration and compelling insights (with respect to legal processes and institutions) in the Dutch Calvinist tradition. This interest reflected Cochran’s generous ecumenism and his well-known respect for religious diversity. Three prominent conceptions—the trilogy of sphere sovereignty, antithesis, and common grace—provide a guide to Cochran’s recourse to Kuyper and Calvinism in his scholarly writing ...


Celebrating Robert Cochran And The Future Of "Embodied" Christian Legal Scholarship, Barbara Armacost 2020 Pepperdine University

Celebrating Robert Cochran And The Future Of "Embodied" Christian Legal Scholarship, Barbara Armacost

Pepperdine Law Review

The occasion for this Article is a festschrift for Professor Robert (“Bob”) Cochran. I celebrate Bob’s significant scholarly contributions to the maturing of Christian Legal Scholarship. He applied a Christian perspective to legal issues, hosted conferences, mentored Christian Legal Scholars, and edited books of essays featuring Christian perspectives on law. Bob’s work in this area had a huge influence on the flourishing of Christian Legal Scholarship. This Article considers the future of Christian Legal Scholarship. It enters an ongoing conversation (disagreement) between law Professors David Skeel and David Caudill. In a 2008 article, Skeel defined Christian Legal Scholarship ...


Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge 2020 Pepperdine University

Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge

Pepperdine Law Review

This Essay is a contribution to a festschrift honoring Pepperdine law professor Robert Cochran. In addition to his many other professional accomplishments, Professor Cochran is a leading figure in the study of Law and Christianity. One strain of Law and Christianity scholarship focuses on normative critiques of substantive legal issues based on Christian theology. In other words, it seeks to make the civil law more moral; i.e., to conform Man’s Law to God’s Law. A second strain seeks to help lawyers deal with the difficulties inherent in being a Christian and a lawyer. As Cochran has put ...


The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett 2020 Pepperdine University

The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett

Pepperdine Law Review

Professor Robert Cochran’s work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer’s writing, one that has continued through and been developed in Cochran’s, is “community.” This Essay explores and unpacks this theme and highlights several ways that the idea of “community” functions in their vision of the lawyer’s role and vocation.


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