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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 ...


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.


Missing God In Some Things: The Nlrb’S Jurisdictional Test Fails To Grasp The Religious Nature Of Catholic Colleges And Universities, Nicholas Macri 2014 Boston College Law School

Missing God In Some Things: The Nlrb’S Jurisdictional Test Fails To Grasp The Religious Nature Of Catholic Colleges And Universities, Nicholas Macri

Boston College Law Review

The National Labor Relations Board (NLRB) uses a substantial religious character test to determine whether it is authorized to exercise jurisdiction over faculty labor relations at religiously affiliated colleges and universities. Under the NLRB’s test, a school is not considered religious unless it makes religious indoctrination one of its primary purposes, denies faculty members academic freedom, and discriminates based on religion when hiring faculty and admitting students. Such an approach fails to recognize the religious nature of Catholic institutions of higher learning, which carry out their religious missions precisely by avoiding religious indoctrination, granting faculty academic freedom, and welcoming ...


God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M. A. DiPippa 2014 SelectedWorks

God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M. A. Dipippa

John M. A. DiPippa

The article demonstrates that the cases raising religious liberty challenges to state regulation of weapons in houses of worship reveal the persistent problems plaguing religious liberty cases. First, these cases illustrate the difficulties non-mainstream religious claims face. Courts may not understand the religious nature of the claim or they may devalue claims that do not seem “normal” or “reasonable.” This is compounded how few religious liberty claimants, especially non-mainstream religions, win their cases. Second, the cases are part of the larger debate about how easy it should be to get judicially imposed religious exemptions from general and neutral laws. Uncritically ...


Secular And Theocratic: Interrogating Malaysia’S Mixed Constitution, Jaclyn Neo 2014 SelectedWorks

Secular And Theocratic: Interrogating Malaysia’S Mixed Constitution, Jaclyn Neo

Jaclyn Neo

This article examines Malaysia’s constitutional practice with regards to religion, and argues that its legal-political arrangement should be analyzed as a mixed constitution. Following that, it uses the mixed constitutional framework to bring to fore the ongoing political contestations that serve as crucial background factors for change with respect to constitutional law and religion in the state.


When Art Becomes Free: On Artistic In-Expression & Personal Convictions, Amir H. Khoury 2014 SelectedWorks

When Art Becomes Free: On Artistic In-Expression & Personal Convictions, Amir H. Khoury

Amir Khoury

In this paper I argue that just as there are moral rights in copyright law, which secure attribution and integrity, so too, there should be 'inverse' moral rights that can protect artists from being impelled or compelled to create in the first place. This research comes against the backdrop of one of the most contentious issues in the Western world today, that pertaining to same-sex marriage. But the discussion applies to all other fields where creativity finds itself in a battle over personal convictions. In my view, the inverse moral rights construct is the true reflection of the extent of ...


Veiled Discrimination, Sahar F. Aziz 2014 SelectedWorks

Veiled Discrimination, Sahar F. Aziz

Sahar F Aziz

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. An employer’s workplace rules that define professionalism, therefore, are his prerogative and defined by the demands of the marketplace. Underlying this conclusion is the false premise that objective and neutral factors shape modern notions of professionalism. To the contrary, professionalism is a subjective concept dependent on the decision makers’ worldview, norms, values, and definitions of propriety.

Employees who belong to the employer’s social group or fall within society’s majority are advantaged ...


Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins 2014 SelectedWorks

Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins

Mel Cousins

Social security and health care litigation has played a prominent role in the development of the jurisprudence concerning the religious clauses of the US Constitution. At the time of writing further litigation in this area is ongoing with initial rulings having been handed down in relation to challenges concerning the compatibility of the PPACA’s contraceptive mandate with the Religious Freedom Restoration Act (RFRA). This note considers an interesting recent decision of the Montana supreme court which considered the constitutionality of an extension of coverage under the Montana workers’ compensation code to colonies of the Hutterite (or Hutterian or Hutterische ...


Arizona's New Religious Freedom Law: License To Discriminate Against Gays?, Neil J. Foster 2014 SelectedWorks

Arizona's New Religious Freedom Law: License To Discriminate Against Gays?, Neil J. Foster

Neil J Foster

Discusses Arizona's controversial new Bill which has been labelled a "license to discriminate". The paper concludes that while the aim of crafting a religious freedom exemption for those who do not want to support or celebrate same sex unions is a laudable one, on balance the Arizona law seems to be too broad and should not be supported.


Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino 2014 SelectedWorks

Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino

Frederick Mark Gedicks

In the United States and Europe the constitutionality of government displays of confessional symbols depends on whether the symbols also have nonconfessional secular meaning (in the U.S.) or whether the confessional meaning is somehow absent (in Europe). Yet both the United States Supreme Court (USSCt) and the European Court of Human Rights (ECtHR) lack a workable approach to determining whether secular meaning is present or confessional meaning absent.

The problem is that the government can nearly always articulate a possible secular meaning for the confessional symbols that it uses, or argue that the confessional meaning is passive and ...


Religious Associations: Hosanna-Tabor And The Instrumental Value Of Religious Groups, Ashutosh A. Bhagwat 2014 SelectedWorks

Religious Associations: Hosanna-Tabor And The Instrumental Value Of Religious Groups, Ashutosh A. Bhagwat

Ashutosh Bhagwat

In its 2012 decision in Hosanna-Tabor Evangelical Church & Sch. V. EEOC, the Supreme Court held that the Religion Clauses of the First Amendment require recognition of a “ministerial exception” to general antidiscrimination statutes (in that case, the ADA), because religious institutions must have autonomy in selecting their ministers. In the course of its analysis, however, the Court made a very interesting move. In response to the government’s argument that the case could be resolved under the general First Amendment right of association, the Court responded that this position was “untenable,” and indeed “remarkable,” because the very existence of the ...


The New Religious Institutionalism Meets The Old Establishment Clause, Gregory P. Magarian 2014 SelectedWorks

The New Religious Institutionalism Meets The Old Establishment Clause, Gregory P. Magarian

Gregory P. Magarian

Recent religious liberty scholarship spotlights the legal rights of churches and similar religious institutions, as distinct from the rights of individual religious believers. Advocates of “the new religious institutionalism” argue that religious institutions need robust legal rights in order to effectuate their institutional functions and advance religious believers’ interests. The Supreme Court recently fanned the new institutionalist flame by holding, in Hosanna Tabor Evangelical Lutheran Church v. EEOC, that the Constitution protects churches from legal liability for employment discrimination in hiring ministers. In this essay, Professor Magarian considers a complication that advocates of the new religious institutionalism have generally ignored ...


A "Bare ... Desire To Harm?" Marriage And Catholic Conscience Post - Windsor, helen m. alvare 2014 SelectedWorks

A "Bare ... Desire To Harm?" Marriage And Catholic Conscience Post - Windsor, Helen M. Alvare

helen m alvare

No abstract provided.


What Is A "Religious Institution"?, Zoë Robinson 2014 Boston College Law School

What Is A "Religious Institution"?, Zoë Robinson

Boston College Law Review

Change in the First Amendment landscape tends toward the incremental, but the U.S. Supreme Court’s opinion two terms ago in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC—holding that religious institutions enjoy a range of First Amendment protections that do not extend to other individuals or organizations—is better understood as a jurisprudential earthquake. And yet, it could be that the biggest aftershock has yet to be felt, with the Court leaving open the most important functional question that exists in scenarios where there will be constitutional winners and losers: what, or who, is a “religious institution ...


Recent Uk Case Connected With Sexual Orientation “Hate Speech”, Neil J. Foster 2014 SelectedWorks

Recent Uk Case Connected With Sexual Orientation “Hate Speech”, Neil J. Foster

Neil J Foster

Discusses the decision in R (On the Application Of Core Issues Trust) v Transport for London [2014] EWCA Civ 34 (27 January 2014) dealing with signs on London buses alleged to be "homophobic".


Legal Pressure Points For Christians In 21st Century Australia, Neil J. Foster 2014 SelectedWorks

Legal Pressure Points For Christians In 21st Century Australia, Neil J. Foster

Neil J Foster

This paper discusses the pressures facing Christians who adhere to Biblical ethical values when those principles clash with current discrimination and vilification laws.


Jewish Law And Medieval Logic: Why Horse Meat Is Not Kosher, Bernhard Rohrbacher 2014 SelectedWorks

Jewish Law And Medieval Logic: Why Horse Meat Is Not Kosher, Bernhard Rohrbacher

Bernhard Rohrbacher

This article presents a case study of the influence of Muslim and Christian philosophers on medieval Jewish law. The case in question is the prohibition against consuming mammals that have no “sign of purity,” i.e., mammals that neither have split hooves nor chew their cud. The written law of the Torah, i.e., the Five Books of Moses or Pentateuch, explicitly allows the consumption of mammals that have both of these signs of purity, such as cattle, sheep, or goats, and it explicitly prohibits that of mammals that have either one of them but lack the other, such as ...


All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception, Zach Tafoya 2014 Pepperdine University

All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception, Zach Tafoya

Pepperdine Law Review

In light of the more recent Hosanna-Tabor decision, this Comment seeks to answer these questions by extending the reasoning behind the ministerial exception to the university context in order to build a foundation upon which a future exception can be built to ensure that religious student groups are sufficiently free to choose their own leaders. Part II sets forth a brief history of the ministerial exception and its application in the circuit courts. Part III addresses two recent Supreme Court cases, Martinez and Hosanna-Tabor, and their practical effect on religious liberty, as well as the public’s perception of both ...


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