Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, 2011 Loyola University Chicago, School of Law
Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, Robert J. Araujo S.J.
Faculty Publications & Other Works
No abstract provided.
Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, 2011 American University Washington College of Law
Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean
American University International Law Review
No abstract provided.
Hosanna-Tabor And Supreme Court Precedent: An Analysis Of The Ministerial Exception In The Context Of The Supreme Court’S Hands-Off Approach To Religious Doctrine, 2011 Touro Law Center
Hosanna-Tabor And Supreme Court Precedent: An Analysis Of The Ministerial Exception In The Context Of The Supreme Court’S Hands-Off Approach To Religious Doctrine, Samuel J. Levine
Scholarly Works
The United States Supreme Court‘s review of the decision of the United States Court of Appeals for the Sixth Circuit in the case of Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC could lead to a major development in the Court‘s Religion Clause jurisprudence. On one level, Hosanna-Tabor presents important questions regarding the interrelationship between employment discrimination laws and the constitutional rights of religious organizations. The narrow issue at the center of the case is the ministerial exception, a doctrine that precludes courts from adjudicating discrimination claims arising out of disputes between religious institutions and their ministerial employees. This Essay …
A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, 2011 University of Akron School of Law
A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn
Wilson R. Huhn
Lincoln’s use of biblical imagery in seven of his works: the Peoria Address, the House Divided Speech, his Address at Chicago, his Speech at Lewistown, the Word Fitly Spoken fragment, the Gettysburg Address, and the Second Inaugural. Lincoln uses biblical imagery to express the depth of his own conviction, the stature of the founders of this country, the timeless and universal nature of the principles of the Declaration, and the magnitude of our moral obligation to defend those principles. Lincoln persuaded the American people to embrace the standard “all men are created equal” and to make it part of our …
Phony Originalism And The Establishment Clause, 2011 Northwestern University School of Law
Phony Originalism And The Establishment Clause, Andrew M. Koppelman
Faculty Working Papers
The "originalist" interpretations of the Establishment Clause by Supreme Court Justices William Rehnquist, Antonin Scalia, and Clarence Thomas are remarkably indifferent to the original purposes of that clause. Their arguments are a remarkable congeries of historical error and outright misrepresentation. This is not necessarily a criticism of originalism per se. However, the abuse of originalist scholarship that these judges have practiced raises questions about what originalist scholars are actually accomplishing.
The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, 2011 The Catholic University of America, Columbus School of Law
The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi
Scholarly Articles
The Fourteenth Amendment rights of various parties in the abortion context – the pregnant woman, the fetus, the fetus’ father, the state – have been discussed at length by commentators and the courts. Surprisingly, the Fourteenth Amendment rights of the healthcare provider asked to provide the abortion have not. Roe and Casey establish a pregnant woman’s Fourteenth Amendment right to decide for herself whether to have an abortion. Do those same precedents also protect her doctor’s right to decide whether to participate in abortion procedures?
The Court’s substantive due process analysis typically looks for rights that are “deeply rooted” in …
Law Asks For Trust, 2011 University of Georgia
Law Asks For Trust, Nathan Chapman
Scholarly Works
This Article offers a reading of chapters 1 and 2 of the book of Genesis, informed by concerns for the social effects of law. Part I considers the implications of God's method of creating the world by speech in the first chapter of Genesis. Part II turns to God's prohibition against eating the fruit of the tree of the knowledge of good and evil. The content of the prohibition and the nature of the threatened penalty suggest that the prohibition is a rule against disobedience generally, paradigmatic of a general claim by God to be the ruler. With the creation …
Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, 2011 University of Richmond School of Law
Pakistan’S Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid
Richmond Journal of Global Law & Business
The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …
Secular Not Secularist America, 2011 Campbell University School of Law
Secular Not Secularist America, Michael Scaperlanda
Campbell Law Review
Other contributors to this symposium see "liberalism"' as the problem and "God" as the solution.' To a large extent, Ithink they have it backwards. "God" is the problem to which "liberalism" provides a particularly creative solution. Power hates a rival,' and God - or allegiance to an all-embracing monotheistic God - poses a significant threat to power because the wild faith of the martyr cannot be tamed by civil authority.
Teachers' Religious Garb As An Instrument For Globalization In Education, 2011 Indiana University Maurer School of Law
Teachers' Religious Garb As An Instrument For Globalization In Education, Caitlin S. Kerr
Indiana Journal of Global Legal Studies
Nebraska and Pennsylvania currently have laws in place that prohibit public school teachers from wearing religious garb. This Note applies the appropriate constitutional framework-a balancing test-in order to determine the propriety of a religious garb statute. Courts have upheld the statutes in light of perceived government endorsement of teachers' religion and feared impact on impressionable young children. However, both of these concerns are exaggerated and misplaced. Rather, a court must consider the demands a newly globalized world places on effective education for tomorrow's global citizens.
Intellect And Virtue: The Idea Of A Catholic University, 2011 The Catholic University of America, Columbus School of Law
Intellect And Virtue: The Idea Of A Catholic University, John H. Garvey
Scholarly Articles
No abstract provided.
From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, 2011 University of Washington School of Law
From Substance To Shadows: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens
Articles
Most disputes about the Establishment Clause center on its substantive meaning; whether, for example, a state subsidy promotes religion, the phrase “In God We Trust” can appear on currency, or a display of the Ten Commandments is unconstitutional. Often overlooked and lurking behind these substantive disputes is a question about what remedies are available when an Establishment Clause violation is found. Typically, an injunction prohibiting the subsidy, practice, or display is the choice. In Salazar v. Buono, however, the Supreme Court was confronted with an unusual case for two reasons. First, the doctrine of res judicata formally barred the …
Between Liberalism And Theocracy, 2011 Duke Law School
Between Liberalism And Theocracy, John D. Inazu
Faculty Scholarship
Our symposium conveners have focused us on “the relationship between liberalism and Christianity and their influence on American constitutionalism.” My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for the relationship between church and state. By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are prone to …
I'M A Laycockian! (For The Most Part), 2011 Boston University School of Law
I'M A Laycockian! (For The Most Part), Jay D. Wexler
Faculty Scholarship
You know you’ve made it, scholarly-wise speaking, when a major publishing house and a preeminent university approach you to ask whether they could publish a four-volume set of your collected works. Such is the situation of Douglas Laycock (DL), long-time Professor at the University of Texas School of Law, now moving from the University of Michigan to the University of Virginia and most certainly on just about everyone’s short list of greatest church–state scholars of the past quarter-century. Volume One of the collection was published in 2010; it is subtitled “Overviews & History” and contains roughly forty pieces written by …
Judges And Religious-Based Reasoning, 2011 Dalhousie University Schulich School of Law
Judges And Religious-Based Reasoning, David Blaikie, Diana Ginn
Articles, Book Chapters, & Popular Press
Is it ever acceptable for a judge in a secular liberal democracy to rely on, and explicitly refer to, religious-based reasoning in reaching a decision? While it is unlikely that many Canadian judges will be seized with the desire to include religious-based reasoning in their judgments, we raise this issue because it allows us to examine the appropriate role of religious-based discourse in a challenging context, where arguments about unconstitutionality are strongest. In a previous article, we concluded that there are no ethical impediments to citizens using such discourse in discussing public affairs. We argued that it is no less …
Key Theoretical Issues In The Interaction Of Law And Religion: A Guide For The Perplexed, 2011 Osgoode Hall Law School of York University
Key Theoretical Issues In The Interaction Of Law And Religion: A Guide For The Perplexed, Benjamin Berger
Articles & Book Chapters
There is perhaps no more important access point into the key issues of modern political and legal theory than the questions raised by the interaction of law and religion in contemporary constitutional democracies. Of course, much classical political and moral theory was forged on the issue of the relationship between religious difference and state authority. John Locke’s work was directly influenced by this issue, writing as he did about the just configuration of state authority and moral difference in the wake of the Thirty Years’ War. Yet debates about the appropriate role of religion in public life and the challenges …
The Dean F. Herzog Memorial Lecture: Religious Freedom Under Assault In The Middle East: An Imperative For The U.S. And International Community To Hold Governments To Account, 45 J. Marshall L. Rev. Iii (2011), 2011 UIC School of Law
The Dean F. Herzog Memorial Lecture: Religious Freedom Under Assault In The Middle East: An Imperative For The U.S. And International Community To Hold Governments To Account, 45 J. Marshall L. Rev. Iii (2011), Dwight Bashir
UIC Law Review
No abstract provided.
Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, 2011 University of Maryland Francis King Carey School of Law
Salazar V. Buono: A Missed Opportunity To Clarify The Reasonable Observer Test, Sumahn Das
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, 2011 University of Maryland Francis King Carey School of Law
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Witchcraft Accusations And Human Rights: Case Studies From Malawi, 2011 Fordham University School of Law
Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn
Faculty Scholarship
This Article explores potential community-based interventions to assist victims of witchcraft accusations, based on forty-five case studies from an experimental mobile legal-aid clinic in Malawi, a country in southeastern Africa where witchcraft accusations are widespread and often irreparably harm those accused. In Malawi, the accused are mainly older women who are often blamed for bewitching young children.