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There Are No Ordinary People: Christian Humanism And Christian Legal Thought, Richard W. Garnett 2018 Notre Dame Law School

There Are No Ordinary People: Christian Humanism And Christian Legal Thought, Richard W. Garnett

Journal Articles

This short essay is a contribution to a volume celebrating a new casebook, "Christian Legal Thought: Materials and Cases", edited by Profs. Patrick McKinley Brennan and William S. Brewbaker.


Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier 2018 Brigham Young University Law School

Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier

Brigham Young University Education and Law Journal

No abstract provided.


Religious Liberty: Fundamental Right Or Nuisance, Vincent Martin Bonventre 2018 University of St. Thomas, Minnesota

Religious Liberty: Fundamental Right Or Nuisance, Vincent Martin Bonventre

University of St. Thomas Law Journal

No abstract provided.


We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman 2018 Indiana University Maurer School of Law

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...


The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge 2018 College of William & Mary Law School

The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge

William & Mary Bill of Rights Journal

No abstract provided.


Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett 2018 Washington and Lee University School of Law

Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett

Washington and Lee Law Review Online

In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that Christian political thought has protected liberty in every era of the church’s dramatic history. Along the way, I rebut critics—from the left and right—who urge that Christianity’s political influence has been unhelpful or harmful. I also seek to show that statements like “religion has no place in politics” are best understood as expressions of arbitrary bias.


Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux 2018 Seattle University School of Law

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.


America's Creed: The Inevitable, Sometimes Dangerous, Mixing Of Religion And Politics, David M. Smolin 2018 Cumberland Law School, Samford University

America's Creed: The Inevitable, Sometimes Dangerous, Mixing Of Religion And Politics, David M. Smolin

Washington and Lee Law Review Online

Political and philosophical theorists have often advocated for the exclusion of some or all religious perspectives from full participation in politics. Such approaches create criteria—such as public accessibility, public reason, or secular rationale—to legitimate such exclusion. During the 1990s I argued, as an evangelical Christian, against such exclusionary theories, defending the rights to full and equal political participation by evangelical Christians, traditionalist Roman Catholics, and any others who would be restricted by such criteria.


The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes 2018 Texas A&M University School of Law

The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes

Washington and Lee Law Review Online

Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the biggest understatement in this entire symposium, notes that Professor Kent Greenawalt identified this as “a particularly significant, debatable, and highly complex problem.” Is it ever. I have a position that I will advance in this article, but I wish to acknowledge at the outset that ...


Lying About God (And Love?) To Get Laid: The Case Study Of Criminalizing Sex Under Religious False Pretense In Hong Kong, Jianlin Chen 2018 University of Melbourne

Lying About God (And Love?) To Get Laid: The Case Study Of Criminalizing Sex Under Religious False Pretense In Hong Kong, Jianlin Chen

Cornell International Law Journal

Section 120 of the Hong Kong Crimes Ordinances— which traces its origin to the U.K. and which is replicated in several other English common law jurisdictions— criminalizes procurement of sexual acts through false representation. Recently, prosecutors used this provision to indict individuals who procured sexual acts on the pretext of performing luck-improving religious rituals. Beyond presenting the first-ever systematic examination of these intriguing fraudulent sex court cases, this Article makes two arguments. First, this Article explains how the strong skepticism, and at times, instinctive rejection by the judges of the purported religious proclamations not only confirm the scholarly concerns ...


Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David 2018 SIT Study Abroad

Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David

Independent Study Project (ISP) Collection

This research aims to examine women’s divorce rights in Jordan examining the topic both through their legal rights as well as through the cultural challenges and stigma that divorced women face. The research is focused specifically on the rights of Muslim women, who have to file for divorce through the Shari’a court system, in Jordan that are Jordanian nationals. The literature used in the research provides background insight into Jordan’s tribal system, family law in Jordan, and psychological theories that relate to group therapy and self-efficacy in divorced women. The researcher hypothesizes that despite the many socio-economic ...


From Eternity To Here: Divine Accommodation And The Lost Language Of Law, Nomi Stolzenberg 2018 USC School of Law

From Eternity To Here: Divine Accommodation And The Lost Language Of Law, Nomi Stolzenberg

University of Southern California Legal Studies Working Paper Series

This paper asserts that the discourse of religious accommodation has stopped making sense, and that the reason it has stopped making sense is because our terminology (including such terms as "religion," "accommodation," and "secularism") is inherited from tradition of political theological discourse that has been forgotten: the theology of divine accommodation. The paper reconstructs the content of that tradition of political theology in broad strokes, arguing that the birthplace of secularism and the birthplace of liberalism both lie here and that, once we recognize that, a number of doctrinal and conceptual puzzles can be solved, including how to define religion ...


Humanitarian Islam, Engy Abdelkader 2018 Rutgers University

Humanitarian Islam, Engy Abdelkader

Pace International Law Review

In the aftermath of mass shootings by violent extremists and amid increasing anti-Muslim prejudice and discrimination, many Muslim Americans have responded to these and other social, legal, and political developments with philanthropic initiatives inspired by orthodox Islamic teachings. This humanitarian impulse in Islam, which has shaped the religion since its founding, is relatively unknown to non-Muslim Americans. Humanitarian Islam is defined here in largely oppositional terms to so-called the “radical Islam.” In contrast to the violence, aggression, death, and destruction commonly associated with “radical Islam,” selfless volunteerism, benevolence, altruism, and charitable giving in service to others are characteristic of humanitarian ...


Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun 2018 Washington and Lee University School of Law

Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun

Washington and Lee Law Review Online

This Essay argues that it’s perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln’s opposition to slavery, shows that religion and politics have been continuously intermixed ever since the Founding. Part IV, emphasizing the Reverend Martin Luther King, Jr., argues that no other reasons justify barring faith-based arguments from the public square.


The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders 2018 Notre Dame Law School

The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders

Notre Dame Law Review

In Part I, this Note will examine a brief history of the proposed federal Blaine Amendment, and the subsequent adoption of many State Blaines across the nation. Next, in Part II, the Note will discuss why the State Blaines are frequently debated, specifically in the context of the issue of school choice. The Note will then examine two of the main arguments against the constitutionality of State Blaines—the animus arguments and the First Amendment arguments—and will examine the strengths and weaknesses of each argument. In Part III, the Note will discuss the culmination of recent caselaw in the ...


Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly 2018 University of Miami Law School

Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly

University of Miami International and Comparative Law Review

No abstract provided.


Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway 2018 James Madison University

Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway

Steven W Holloway

No abstract provided.


Religious Freedom And Recycled Tires, Richard W. Garnett, Jackson C. Blais 2018 Notre Dame Law School

Religious Freedom And Recycled Tires, Richard W. Garnett, Jackson C. Blais

Journal Articles

The Supreme Court's decision in Trinity Lutheran clearly affirmed a First Amendment rule against anti-religious discrimination. At the same time, it raised or left open a number of important and interesting questions about education reform, the relevance of anti-Catholic bias to states' so-called Blaine Amendments, and the sharpening tension between religious freedom and the application of antidiscrimination laws.


The Architecture Of Law: Building Law In The Classical Tradition, Brian M. McCall 2018 University of Oklahoma

The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall

Brian M McCall

The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Artistotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages.
Along with McCall’s development of the architectural image, he raises a question that becomes a ...


Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson 2018 Cleveland-Marshall College of Law

Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson

Cleveland State Law Review

This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section ...


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