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Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall 2015 University of Pennsylvania

Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall

Amy J. Sepinwall

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...


Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil 2015 SelectedWorks

Satanists, Scott Walker, & Contraception: A Partial Account Of Hobby Lobby's Implications For State Law, Kara Loewentheil

Kara Loewentheil

Reaction to the Supreme Court's opinion in Hobby Lobby v. Burwell was swift and extreme from almost all quarters. Members of the Satanic Temple, a religious group focused on personal autonomy, individual freedom, and ethical action, announced that they would henceforth be objecting to so-called “informed consent” statutes in the abortion services context. Wisconsin Governor Scott Walker’s administration, on the other hand, announced that he would no longer be enforcing Wisconsin's contraceptive equity law because it was “preempted” by the Supreme Court's decision. In this Article, I demonstrate that Scott Walker’s administration and the Satanic ...


Corporate Piety And Impropriety: Hobby Lobby's Extension Of Rfra Rights To For-Profit Corporations, Amy Sepinwall 2015 University of Pennsylvania

Corporate Piety And Impropriety: Hobby Lobby's Extension Of Rfra Rights To For-Profit Corporations, Amy Sepinwall

Amy J. Sepinwall

In Burwell v. Hobby Lobby, the Supreme Court held, for the first time, that the Religious Freedom Restoration Act (RFRA) applied to for-profit corporations and, on that basis, it allowed Hobby Lobby to omit otherwise mandated contraceptive coverage from its employee healthcare package. Critics argue that the Court’s novel expansion of corporate rights is fundamentally inconsistent with the basic principles of corporate law. In particular, they contend that the decision ignores the fact that the corporation, as an artificial entity, cannot exercise religion in its own right, and they decry the notion that the law might look through the ...


The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman 2015 Duke Law

The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman

Faculty Scholarship

This Article addresses the rise of “co-religionist commerce” in the United States — that is, the explosion of commercial dealings that take place between co-religionists who intend their transactions to achieve both commercial and religious objectives. To remain viable, co-religionist commerce requires all the legal support necessary to sustain all other commercial relationships. Contracts must be enforced, parties must be protected against torts, and disputes must be reliably adjudicated.

Under current constitutional doctrine, co-religionist commercial agreements must be translated into secular terminology if there are to be judicially enforced. However, religious goods and services often cannot be accurately translated without religious ...


High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster 2014 SelectedWorks

High Court Of Australia Declines Leave To Appeal Cyc V Cobaw, Neil J. Foster

Neil J Foster

Discusses the recent decision of the High Court to refuse special leave to appeal in CYC v Cobaw, and implications of the decision for religious freedom in Australia.


Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson 2014 Touro College Jacob D. Fuchsberg Law Center

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

Touro Law Review

No abstract provided.


First Amendment Cases In The October 2004 Term, Joel M. Gora 2014 Touro College Jacob D. Fuchsberg Law Center

First Amendment Cases In The October 2004 Term, Joel M. Gora

Touro Law Review

No abstract provided.


What Do The Philosophers Have Against Dignity?, Jeremy Waldron 2014 NELLCO

What Do The Philosophers Have Against Dignity?, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Among analytic philosophers, there is considerable antipathy towards the concept of human dignity. It is not always expressed, but the impression is conveyed that this is a rather disreputable idea and that its trumpeting in legal and political theory is to be deplored. The present paper tries to get to grips with the sources of this antipathy. Is it based on the unclarity of the concept, its religious overtones, its speciesism, or its redundancy as a moral idea. The paper makes a case for dignity as a status-concept -- denoting a particular sort of moral/legal status that all humans have.


Law And Religion In The Victorian Court Of Appeal, Neil J. Foster 2014 SelectedWorks

Law And Religion In The Victorian Court Of Appeal, Neil J. Foster

Neil J Foster

Briefly notes the decision in Cobaw v CYC (2014) and suggests reason why the High Court should grant special leave to appeal.


Some Thoughts On Law, Religious Freedom And The “Commercial Sphere”, Neil J. Foster 2014 SelectedWorks

Some Thoughts On Law, Religious Freedom And The “Commercial Sphere”, Neil J. Foster

Neil J Foster

Discusses the question of religious freedom in the commercial sphere.


Law And Religion: Sharia Law And The First Amendment, Joseph A. Williamson 2014 Liberty University

Law And Religion: Sharia Law And The First Amendment, Joseph A. Williamson

Senior Honors Theses

America has long been seen as the capital of religious freedom and individual rights. In recent years a debate has arisen over whether an individual can personally adhere to the legal concept of sharia law under the protections of the first amendment. At the center of this debate is precedent that can be drawn from previous interactions between religion and American ideals. Two similar issues that have been settled both judicially and legislatively are the conscientious draft objector and the federal prohibition of polygamy. By studying the roots of Islamic law and then the basis of these two concepts, a ...


Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler 2014 Liberty University

Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler

Senior Honors Theses

As a nation founded on religious freedom, it is the duty of the United States to recognize those who stand up for these beliefs across the world in solidarity. International persecution of Christians has dramatically increased due to the spread of radical Islam throughout the world, particularly in South Asia. By means of active, violent persecution as well as more passive forms of aggression, daily life for Pakistani Christians is both challenging and dangerous. While there is no easy solution to this issue, it is essential to continue advocating for those facing persecution and punish the oppressors. The American church ...


The Kingdom Of God In Samuel, Geoffrey P. Miller 2014 NELLCO

The Kingdom Of God In Samuel, Geoffrey P. Miller

New York University Public Law and Legal Theory Working Papers

This paper argues that the idea of the kingdom of God in the Hebrew Bible refers to theocracy – the political system in which authority is exercised by God’s representative on earth. The relevant texts, most importantly parts of the Book of Samuel, explore the advantages and disadvantages of theocratic rule and compare that form of government with other models. Bible’s treatment of this topic is subtle and nuanced, recognizing virtues in theocratic rule but concluding, overall, that it does not deliver sustainable and effective governance in the real world.


Hammering Down Nails, Scott M. Lenhart 2014 University of Georgia School of Law

Hammering Down Nails, Scott M. Lenhart

Georgia Journal of International & Comparative Law

No abstract provided.


Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor 2014 University of Georgia School of Law

Saving Face: Acid Attack Laws After The U.N. Convention On The Elimination Of All Forms Of Discrimination Against Women, Lisa M. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.


Understanding The Islamic Prohibition Of Interest: A Guide To Aid Economic Cooperation Between The Islamic And Western Worlds, Hesham M. Sharawy 2014 University of Georgia School of Law

Understanding The Islamic Prohibition Of Interest: A Guide To Aid Economic Cooperation Between The Islamic And Western Worlds, Hesham M. Sharawy

Georgia Journal of International & Comparative Law

No abstract provided.


So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. den Dulk 2014 University of Georgia School of Law

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Georgia Journal of International & Comparative Law

No abstract provided.


"When Has The Grim Reaper Finished Reaping?" How Embracing One Religion's View Of Death Can Influence Acceptance Of The Uniform Determination Of Death Act, Kenneth Shuster 2014 Touro College Jacob D. Fuchsberg Law Center

"When Has The Grim Reaper Finished Reaping?" How Embracing One Religion's View Of Death Can Influence Acceptance Of The Uniform Determination Of Death Act, Kenneth Shuster

Touro Law Review

No abstract provided.


Discrimination, Language And Freedom Of Religion: Two Important Law And Religion Decisions In Australia, Neil J. Foster 2014 SelectedWorks

Discrimination, Language And Freedom Of Religion: Two Important Law And Religion Decisions In Australia, Neil J. Foster

Neil J Foster

The paper discusses two important recent cases at an appellate level in Australia raising issues to do with the intersection of law and religious commitment. One deals with discrimination on the ground of sexual orientation and whether religious groups should enjoy religious freedom to decline to support a non-Biblical view of sexual morality. The other deals with whether the members of a church can assert religious freedom rights against the leaders of the church.


Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder 2014 Touro College Jacob D. Fuchsberg Law Center

Defining And Defending Borders; Just And Legal Wars In Jewish Thought And Practice, Mark Goldfeder

Touro Law Review

No abstract provided.


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