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2963 full-text articles. Page 1 of 77.

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson 2017 The Catholic University of America, Columbus School of Law

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Catholic University Law Review

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for ...


The Free Exercise Of Religious Identity, Lauren Sudeall Lucas 2017 Georgia State University College of Law

The Free Exercise Of Religious Identity, Lauren Sudeall Lucas

Faculty Publications By Year

In recent years, a particular strain of argument has arisen in response to decisions by courts or the government to extend certain rights to others. Grounded in religious freedom, these arguments suggest that individuals have a right to operate businesses or conduct their professional roles in a manner that conforms to their religious identity. For example, as courts and legislatures have extended the right to marry to same-sex couples, court clerks have refused to issue marriage certificates to such couples, claiming that to do so would violate their religious beliefs. Similarly, corporations have refused, for reasons grounded in religious identity ...


Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick 2016 University of Tennessee, Knoxville

Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell 2016 Northwestern University School of Law

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell

Northwestern Journal of Law & Social Policy

No abstract provided.


Canon Law In New Dimensions, Dr. Miriam Theresa Rooney 2016 St. John's University School of Law

Canon Law In New Dimensions, Dr. Miriam Theresa Rooney

The Catholic Lawyer

No abstract provided.


Reinterpreting The Right To An Open Future: From Autonomy To Authenticity, Scott Altman 2016 BLR

Reinterpreting The Right To An Open Future: From Autonomy To Authenticity, Scott Altman

University of Southern California Legal Studies Working Paper Series

This paper reinterprets a child’s right to an open future as based on values other than autonomy. The paper identifies two goods that parents sometimes undermine when shaping their children’s values: authenticity and identification. It argues that these can be recognized as primary goods by both liberals and by fundamentalists. The paper then shows how we might re-conceptualize the right to an open future as protecting authenticity and identification rather than autonomy.

As a running example, the paper considers ultra-Orthodox Jews in Israel who deny their sons secular education beyond an elementary school level. If their sons do ...


The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414 2016 University of Arizona

The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414

Mathal

The idea of deducing legal rulings in Islamic law, or ijtihād, as well as the qualifications of the person who practices ijtihād, known as the mujtahid, has been a complex issue among Muslim ʿulamāʾ for centuries. Many Muslim ʿulamāʾ and Western scholars have maintained that the gate of ijtihād was closed. The title of mujtahid was therefore impossible to attain. The Moroccan intellectual al-Khamlīshī maintains that the strenuous conditions put forth by some of the Sunni jurists to qualify an individual to become a mujtahid actually contributed to the demise of ijtihād. These qualifications, according to al-Khamlīshī, were proven to ...


Lawyers And Biblical Prophets, Thomas L. Shaffer 2016 Notre Dame Law School

Lawyers And Biblical Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they ...


Taking Precautions When Shaping A Child's Values, Scott Altman 2016 BLR

Taking Precautions When Shaping A Child's Values, Scott Altman

University of Southern California Legal Studies Working Paper Series

Parents’ discretion to shape their children’s values is limited both by society’s interests in the people those children will become and by the children’s own interests. This article examines the limits imposed by children’s interests. It uses several examples, including ultra-Orthodox Jews in Israel who send their son to a school that does not teach secular subjects beyond an elementary-school level. If the son remains religious, his education will have been suitable. But if he does not, he will be ill-prepared to thrive in a secular society.

This article compares the religious parents’ choice about secular ...


Legal Implications Of Same Sex Marriage For Christian Life And Ministry, Neil J. Foster 2016 University of Newcastle, NSW, Australia

Legal Implications Of Same Sex Marriage For Christian Life And Ministry, Neil J. Foster

Neil J Foster

Considers the legal implication for Christian life and ministry of the possible introduction of same sex marriage in Australia.


Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer 2016 Notre Dame Law School

Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation. This paper describes how such federal and state protections limit state regulation of religious organizations under current ...


Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer 2016 Notre Dame Law School

Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation.

This paper describes how such federal and state protections limit state regulation of religious organizations under current ...


The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn 2016 University of Georgia School of Law

The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn

Journal of Intellectual Property Law

No abstract provided.


The International Secretariat Of Lawyers Of Pax Romana, Edward T. Fagan 2016 St. John's University School of Law

The International Secretariat Of Lawyers Of Pax Romana, Edward T. Fagan

The Catholic Lawyer

No abstract provided.


Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin 2016 University of Michigan Law School

Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin

Christopher Serkin

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust ...


Condemning Religion: Rluipa And The Politics Of Eminent Domain, Nelson Tebbe, Christopher Serkin 2016 Selected Works

Condemning Religion: Rluipa And The Politics Of Eminent Domain, Nelson Tebbe, Christopher Serkin

Christopher Serkin

No abstract provided.


Lay Attorneys In Canonical Marriage Cases, Rt. Rev. Marion J. Reinhardt 2016 St. John's University School of Law

Lay Attorneys In Canonical Marriage Cases, Rt. Rev. Marion J. Reinhardt

The Catholic Lawyer

No abstract provided.


Protection Of Religious Free Speech In Australia, Neil J. Foster 2016 University of Newcastle, NSW, Australia

Protection Of Religious Free Speech In Australia, Neil J. Foster

Neil J Foster

This paper reviews the intersection and possible clashes between free speech and religious freedom in Australia.


The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause 2016 Liberty University

The Grace Of God In The Law Of Moses: A Second Look At Israel’S Written Code, Jeffrey S. Krause

Fidei et Veritatis: The Liberty University Journal of Graduate Research

For centuries, the Mosaic Code (“MC”) has been viewed as Israel’s prescriptive legislation, whereby Jewish leaders were to judge infractions by the “letter of the law.” This view is one which permeates both pulpit and pew alike, even in this modern era. However, recent developments in scholarship are challenging this understanding of MC, concluding instead that this “law code” was not utilized in Israelite jurisprudence, but rather as a covenant contract that worked not prescriptively in the lives of the Jews, but rather descriptively, in that it relayed the heart of YHWH to its reader. Accordingly, MC was to ...


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.


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