Thoughts On Religious Discrimination From The Cairo Geniza,
2019
William & Mary Law School
Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The Story Of A Forgotten Battle,
2019
William & Mary Law School
The Need For A Law Of Church And Market,
2019
William & Mary Law School
The Need For A Law Of Church And Market, Nathan B. Oman
Nathan B. Oman
This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …
Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism,
2019
William & Mary Law School
Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman
Nathan B. Oman
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon polygamy. Historians have interpreted Reynolds, and the anti-polygamy legislation and litigation that it midwifed, as an extension of Reconstruction into the American West. This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international context of Great Power imperialism and American international expansion at the end of the nineteenth century. It does this by recovering the lost theory of religious freedom that the Mormons …
Markets, Religion, And The Limits Of Privacy,
2019
William & Mary Law School
Markets, Religion, And The Limits Of Privacy, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Law, Religious Change, And Samesex Marriage Posted On,
2019
William & Mary Law School
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Indiana And Doux Commerce,
2019
William & Mary Law School
International Legal Experience And The Mormon Theology Of The State, 1945-2012,
2019
William & Mary Law School
International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman
Nathan B. Oman
No abstract provided.
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts,
2019
William & Mary Law School
How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman
Nathan B. Oman
This Article thus has two goals. The first is to show how the Muslim conception of marriage diverges from the Christian-influenced norms that dominate American law and society. Understanding this divergence provides a necessary background to Islamic mahr contracts. The second goal is to provide lawyers and judges with a doctrinal framework within our current law for analyzing these contracts and reaching sensible results in concrete cases.
Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners,
2019
William & Mary Law School
Brief Of Thirteen Law Professors As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Nathan B. Oman
No abstract provided.
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners,
2019
William & Mary Law School
Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald
Nathan B. Oman
No abstract provided.
Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization,
2019
William & Mary Law School
Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause,
2019
William & Mary Law School
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
Paul Marcus
The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …
Fundamentalist Schools And The Law,
2019
William & Mary Law School
Religious Schooling And Homeschooling Before And After Hobby Lobby,
2019
William & Mary Law School
Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer
James G. Dwyer
The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.
Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers and educators …
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children,
2019
William & Mary Law School
Book Review Of The Child Cases: How America's Religious Exemption Laws Harm Children, James G. Dwyer
James G. Dwyer
No abstract provided.
Symposium Introduction: The Religion Clauses In The 21st Century,
2019
William & Mary Law School
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Vivian E. Hamilton
No abstract provided.
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone,
2019
William & Mary Law School
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Vivian E. Hamilton
No abstract provided.
Religion In The Public Square,
2019
William & Mary Law School
Religion In The Public Square, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Native American Religious Freedom As A Collective Right,
2019
Brigham Young University Law School
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
BYU Law Review
No abstract provided.
