Open Access. Powered by Scholars. Published by Universities.®

Religion Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1,716 Full-Text Articles 1,063 Authors 365,845 Downloads 75 Institutions

All Articles in Religion Law

Faceted Search

1,716 full-text articles. Page 1 of 32.

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 vociferous from almost all quarters. The Satanists, for instance, announced that they would henceforth be objecting to so-called "informed consent" statutes in the abortion services context, and made available an online form for anyone, Satanist or otherwise, who wanted to claim a religious exemption from being required to comply with the requirements of such statutes (which usually include waiting periods, provision of particular information, and compelled speech by the doctor, and sometimes also include mandatory ultrasounds or other procedures). Scott Walker, on the other hand ...


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.


"Cain Rose Up Against His Brother Abel And Killed Him": Murder Or Manslaughter?, Irene Merker Rosenberg, Yale L. Rosenberg 2014 University of Georgia School of Law

"Cain Rose Up Against His Brother Abel And Killed Him": Murder Or Manslaughter?, Irene Merker Rosenberg, Yale L. Rosenberg

Georgia Journal of International & Comparative Law

No abstract provided.


Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras 2014 University of Georgia School of Law

Is The United Nations Endorsing Human Rights Violations?: An Analysis Of The United Nations' Combating Defamation Of Religions Resolutions And Pakistan's Blasphemy Laws, Rebecca J. Dobras

Georgia Journal of International & Comparative Law

No abstract provided.


Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett 2014 Maurer School of Law: Indiana University

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.


Human Rights And Universality: The Dilemma Of An Ideology That Wanted To Be A Science, Henri Féron 2014 SelectedWorks

Human Rights And Universality: The Dilemma Of An Ideology That Wanted To Be A Science, Henri Féron

Henri Féron

Naturalists see human rights as a moral science. They believe that, like the laws of physics, those rights exist and have universal authority regardless of whether we agree with them or not. Yet the debates leading to the Universal Declaration of Human Rights made clear that this interpretation was far from unanimous, and that the Declaration's contents had to be presented as an ideological consensus rather than naturalistic Truths. This has created a dilemma for naturalists: either they accept that human rights are dependent on agreement and only superficially universal, or they impose naturalism on non-naturalists to establish rights ...


Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose 2014 University of Georgia School of Law

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.


Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford 2014 University of Georgia School of Law

Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford

Georgia Journal of International & Comparative Law

No abstract provided.


The Death Of Islamic Law, Haider Ala Hamoudi 2014 University of Georgia School of Law

The Death Of Islamic Law, Haider Ala Hamoudi

Georgia Journal of International & Comparative Law

No abstract provided.


Money From Syar’Iah Perspective, Anowar Zahid 2014 SelectedWorks

Money From Syar’Iah Perspective, Anowar Zahid

Anowar Zahid

In history, paper money systems have always wound up with collapse and economic chaos. Today, the usage of fiat currency, a form of paper money and the correlate bank money has brought about wide spread hardships and sufferings upon many sectors of society and communities. Following in depth syari’ah analysis, the only conclusion that is possible is that fiat currency and bank money are illegal. They are, in reality, introduced through manipulative collaborations between governments and bank cartels, as they defy the long established sanction against riba’ (usury), operate at the advantage of a selected group in society to ...


Islamic Theory Of Conflict Of Commercial Law: A Proposition, Anowar Zahid 2014 SelectedWorks

Islamic Theory Of Conflict Of Commercial Law: A Proposition, Anowar Zahid

Anowar Zahid

The parties to an international commercial/financial contract may choose a single law or a combination of law like English law and Islamic law to settle their dispute that may arise therefrom. At the same time, they may choose a forum (law court or arbitration tribunal) belonging to an Islamic jurisdiction. Such a choice of law and forum deserve a theoretical enquiry from Islamic perspective since it gives rise two important issues. First, if the choice is a single secular law and it conflicts with Shari'ah law in full or in part, then how the forum will reconcile the ...


Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill 2014 Berkeley Law

Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill

Berkeley Journal of Middle Eastern & Islamic Law

No abstract provided.


Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson 2014 SelectedWorks

Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson

Kenneth Lasson

SACRED COWS, HOLY WARS

Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat

By Kenneth Lasson

Abstract

In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights and ...


Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp. Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson 2014 SelectedWorks

Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp. Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson

Eric Alan Isaacson

Recent discussions about the threat that same-sex couples hypothetically pose to the religious freedom of Americans whose religions traditions frown upon same-sex unions have largely overlooked the possibility that same-sex couples might have their own religious-liberty interest in being able to marry. The General Synod of the United Church of Christ brought the issue to the fore with an April 2014 lawsuit challenging North Carolina laws barring same-sex marriages.

Authored by a lawyer who represented the California Council of Churches and other religions organizations as amici curiae in recent marriage-equality litigation, this article argues that although marriage is a secular ...


Corporations And Religious Freedom: Hobby Lobby Stores - A Missed Opportunity To Reconcile A Flawed Law With A Flawed Health Care System, Matthew A. Melone 2014 SelectedWorks

Corporations And Religious Freedom: Hobby Lobby Stores - A Missed Opportunity To Reconcile A Flawed Law With A Flawed Health Care System, Matthew A. Melone

Matthew A. Melone

On June 30, 2014, the Supreme Court held, in Burwell v. Hobby Lobby Stores, Inc., that the requirement imposed on employer group health insurance plans to provide coverage for certain contraceptives unduly burdened the free exercise rights of three closely-held corporations in violation of the Religious Freedom Restoration Act of 1993 ( RFRA ). The contraception mandate was imposed by regulations implementing the Patient Protection and Affordable Care Act, itself a very controversial piece of legislation a part of which was upheld recently by the Court in a perhaps a case more controversial than Hobby Lobby Stores. RFRA was enacted to reinstate ...


Narrow Tailoring, Compelling Interests, And Free Exercise: On Aca, Rfra And Predictability, Mark Strasser 2014 SelectedWorks

Narrow Tailoring, Compelling Interests, And Free Exercise: On Aca, Rfra And Predictability, Mark Strasser

Mark Strasser

The holding in Burwell v. Hobby Lobby Stores, Incorporated was narrow in scope—closely held, for-profit corporations must be afforded an exemption from providing insurance coverage for a few types of contraception if the corporation has religious objections to providing that coverage. In addition, the exemption requirement was based on a construction of federal statute rather than on the Constitution’s free exercise guarantees. Both the narrowness of the holding and the Court’s express disavowal that it was offering a constitutional analysis might make the opinion appear relatively inconsequential. However, because the opinion changes the focus and standards of ...


Digital Commons powered by bepress