Religion Law Commons^™

The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin

Faculty Scholarship

No abstract provided.

To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions ...

Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied

Pepperdine Law Review

No abstract provided.

Repurposed Narratives: The Battle Of Ṣiffīn And The Historical Memory Of The Umayyad Dynasty, Aaron M. Hagler

Mathal/Mashal

The Battle of Ṣiffīn (36/657) is the flash point in the emergence of sects within Islam. The presentation of the Ṣiffīn story in Arabic historical writing therefore changed over time as the sectarian split among Sunnīs and Shīʿites became increasingly defined. This paper will trace the development of the presentation of the Ṣiffīn story in Arabic histories across developing Sunnī and Shīʿite identity crystallization and the region of origin of their authors, as well as literary and stylistic developments in the field of Arabic historical writing.

The specific historians examined have been chosen in part because they demonstrate a ...

On The Need To Balance Endowments And Academic Integrity, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

As universities face revenues shortfalls due to national and global economic trends, administrators are forced to look for alternative funding streams. Some of the attractive options consist of creating satellite campuses in rich countries and accepting donors from individuals, corporations, and governments. What is the price of such new partnerships and what is the function of endowments for donors and the universities?

(Re)Arrangement Of State/Islam Relations In Egypt’S Constitutional Transition, Gianluca Paolo Parolin

New York University Public Law and Legal Theory Working Papers

After briefly framing state/shari‘ah relations in pre-2011 Egypt, the paper (1) describes the negotiations behind the (re)arrangement of shari‘ah-provisions in the new constitution, (2) analyzes the content of the new provisions in their Hegelian relation to the previous Supreme Constitutional Court jurisprudence—expounding on the complex articulation of the explanatory note to art. 2 (art. 219)—, and (c) considers the ramifications of the new arrangement, focusing on the impact of the mandatory referral to al-Azhar (art. 4).

How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert

Pepperdine Law Review

In the 2010 midterm elections, the citizens of Oklahoma passed a ballot initiative barring Oklahoma courts from considering the tenets of Islamic Sharia law in their judicial decisions. This initiative was passed in the midst of a nation-wide debate on the nature of Sharia law, in which numerous states began to take legislative steps to ban or limit the application of Sharia. Oklahoma’s law was the first to explicitly ban Sharia, and it was immediately challenged by a Muslim plaintiff for violating the Constitution’s Establishment and Free Exercise Clauses. This Article examines the resulting case, Awad v. Ziriax ...

Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen

Pepperdine Law Review

Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses ...

Mind The Gap: The Equality Bill And Sharia Arbitration In The United Kingdom, Rebecca E. Maret

Boston College International and Comparative Law Review

The observance of Sharia principles in Islamic arbitration tribunals operating in the United Kingdom has been heralded for its ability to provide Muslim communities with internal, community-based fora for dispute resolution. Although the judgments issued by these faith-based arbitration tribunals lack binding legal authority, British lawmakers ex-press concerns centered on threats to the existing national legal system and to England’s deeply rooted social policy of equality and non-discrimination. Introduced to address these concerns in 2011, the Equality Bill proposes a legislative solution to further maintain the principle of equality within alternative dispute resolution channels. This Note argues that, despite ...

Justice For All: American Muslims, Sharia Law, And Maintaining Comity With American Jurisprudence, Sarah M. Fallon

Boston College International and Comparative Law Review

The U.S. Muslim population, although currently only comprising one percent of all Americans, is on the rise. Muslim Americans are largely assimilated, happy with their lives, moderate with respect to divisive issues, and opposed to violence. Nonetheless, in recent years, a growing misunderstanding and fear of Muslims has led some activists to seek to ban the application of Islamic law, or Sharia, in American courts, de-spite the lack of evidence of an increase in the use of Sharia in U.S. courts. These attempted bans have seen varying degrees of success. This Note argues that these bans violate the ...

Legality And Constitutionality Of The Patient Protection And Affordable Health Care Act, Julie Marie Crouse

University of North Georgia Annual Research Conference

My paper, titled "Legality and Constitutionality of the Patient Protection and Affordable Health Care Act", analyzes potential problems with the legislation known more commonly as "Obamacare". Three main issues I have identified pertaining to the Act are: the tax penalty, issues with contraception, and the expansion of Medicaid. I have also analyzed the constitutionality of the Act and compared it to similar health care plans internationally.

Ninth Circuit Rules Against Scientology Ministers' Forced-Labor Claims In Headley V. Church Of Scientology International, Jeffrey W. Tye

Golden Gate University Law Review

In Headley v. Church of Scientology International, the Ninth Circuit faced a particularly sensitive question involving the limits of the TVPA and the application of the ministerial exception. In Headley, former ministers brought TVPA forced-labor claims against the Church of Scientology (the “Church”). The Church argued before the district court that the plaintiffs’ labor was not forced, and that the ministerial exception applied to effectively bar the plaintiffs’ claims. The district court agreed, holding that the instances of physical abuse alleged did not raise a triable issue of fact as to the Headleys’ forced-labor claims. The court also waded into ...

Decorating The Structure: The Art Of Making Human Law, Brian M. Mccall

Brian M McCall

This article continues to develop the theme of law as architecture begun in two published articles, The Architecture of Law: Building Law on a Solid Foundation, the Eternal and Natural Law and Consulting the Architect when Problems Arise: The Divine Law. Having considered the foundation and framework of human law, this article turns to the decoration of the structure through the craft of human law making. It examines the process whereby the natural law is determined in particular political communities. Human law is the craft of particularizing the general principles of natural law in a community’s laws. It relies ...

Piercing The Religious Veil Of The So-Called Cults , Joey Peter Moore

Pepperdine Law Review

No abstract provided.

Government Entanglement With Religion: What Degree Of Proof Is Required? , Lee Boothby

Pepperdine Law Review

No abstract provided.

"Religion" And "Religious Institutions" Under The First Amendment , Sharon L. Worthing

Pepperdine Law Review

No abstract provided.

The Government's Role In The "Purification" Of Religious Organizations, Robert L. Toms, Lisa A. Runquist

Pepperdine Law Review

No abstract provided.

Heffron V. International Society For Krishna Consciousness Inc.: A Restrictive Constitutional View Of The Proselytizing Rights Of Religious Organizations , Michael M. Greenburg

Pepperdine Law Review

The persistent efforts of religious organizations to reach their public have consistently been met with governmental limitation due to the often conflicting interests of public order, and free speech and expression. Heffron v. International Society for Krishna Consciousness, Inc. represents the Court's latest redefinition of the extent of permissible limitations upon the activities of these groups. The author examines the decision in light of the traditional criteria for permissible time, place, and manner restrictions upon free speech and evaluates the Court's implementation of these restrictions with respect to the activities of the Krishna group. The impact of the ...

A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner

Pepperdine Law Review

In Thomas v. Review Board of the Indiana Employment Security Division, the United States Supreme Court was called upon to clarify the appropriate level of review to be applied in cases which examine the first amendment right to free exercise of religion. The Court ruled that the "compelling state interest" test is the proper standard to be used. The Court also accorded first amendment protection to beliefs which are not shared by other members of a religious group and which are instead the unique interpretation of an individual member and not acceptable, logical, consistent or comprehensible to others.

The Constitutional Issues Surrounding The Science-Religion Conflict In Public Schools: The Anti-Evolution Controversy, Michael M. Greenburg

Pepperdine Law Review

Since the infamous Scopes trial the matter of the constitutional validity of the "anti-evolution" laws has plagued both legal scholars and school administrators. The courts have generally invalidated legislation which bans outright the teaching of evolution in public schools, but with the advent of the "balanced treatment" acts, a revival of this litigation has begun. The author examines the constitutional analysis utilized by the courts in dealing with the "anti-evolution" and "balanced treatment" acts and provides an historical perspective of the first amendment to question the Court's response to the issue.