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Helfand_Implied Consent.Pdf, Michael A. Helfand 2017 Pepperdine University

Helfand_Implied Consent.Pdf, Michael A. Helfand

Michael A Helfand

One of the recent fault lines over religious liberty is the scope of protections afforded institutions and corporations that have religiously-motivated leadership. Courts and scholars all seem to agree that such religious institutions deserve some degree of protection. But the remains significant debate over the principles that should guide judicial decisions addressing in what circumstances religiously-motivated institutions should—and in what circumstances they should not—receive the law’s protection.

In this chapter, I argue for an “implied consent” framework to address religious institutional claims. Such a framework grounds the authority of religious institutions not in a degree of inherent ...


Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb 2017 Rochester Institute of Technology

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...


The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown 2017 Brooklyn Law School

The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown

Brooklyn Journal of International Law

Iran is home to an estimated 300,000 members of the Bahá’í faith, a global religion that originated in Iran in the early nineteenth century. Since the faith’s inception, thousands of Bahá’ís have been killed, imprisoned, and tortured. Today, they are unable to attend colleges and universities, hold business licenses, bury their dead, or gather for worship. Since the Islamic Revolution in 1979, the current regime has worked to systemically impede the progress of the Bahá’í community. While hundreds of Bahá’ís have died at the hands of the current regime, the high threshold ...


Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum 2017 University of Maine School of Law

Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum

Maine Law Review

The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are ...


Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal 2017 West Virginia University

Between Description And Prescription: Law, Wittgenstein, And Constitutional Faith, Gregory Brazeal

West Virginia Law Review

The occasions on which ajudge or legal scholar has peered into the depths of the Constitution and found, to her surprise, that the Constitutionrequiresthe opposite ofher ideologicalpreferences, are extremely rare. Yetjudges andscholarscontinuetopresenttheirconclusionsastheproduct ofideologicallyneutralreasoning,while often criticizingthe ideologicalbiasin thereasoningoftheiropponents.A Wittgensteinianperspectiveonthenatureof legaldiscoursecanshed lighton thispuzzlinglypersistentstateofaffairs. Legal discourse, includingconstitutionalargument, is partly defined by the blending ofdescriptive reasoningabout what the law is with prescriptivereasoningabout what the law ought to be. To reach a legal conclusion based on a blend of descriptiveandprescriptivereasoning,andtophrasethis conclusion aspurely descriptive, as legal actors habitually do, is not to violate the rules of legal discourse, but to abide by them ...


Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar 2017 Rutgers Law School

Jurisdiction Over Jihid: Islamic Law And The Duty To Fight, Adnan A. Zulfiqar

West Virginia Law Review

No abstract provided.


Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor SpearIt 2017 Texas Southern University

Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor Spearit

ECI Interdisciplinary Journal for Legal and Social Policy

This article is an excerpt American Prisons: A Critical Primer on Culture and Conversion to Islam. The central aim of this chapter is to examine the post-civil rights push toward harsh punishment through the cultural lens of ritual. The United States is one of the most punitive countries on the planet--the country is the world leader in imprisonment and is one of the top five that executes capital defendants. However, determining the catalysts of this turn to harsh punishment has proved vexing. Scholars have adequately explained how the end of the welfare state, followed by a proliferation of drug laws ...


An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry 2017 Lesley University

An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry

Educational Studies Dissertations

The prevailing research, as well as reported complaints of academic, civic, personal, and social harm, indicates that public school teachers do not exhibit the professional knowledge, skills, and attitudes grounded in the religion clauses of the U.S. Constitution. This study investigated how TEPs in the Commonwealth of Massachusetts document their instruction of preservice teachers on religion clause issues as they apply to grade 6-12 content area pedagogy, curriculum, and professional ethos. The institutional documents presented to preservice teachers were collected from four teacher education programs in the Commonwealth. An evaluation tool— synthesized from the leading scholarship and research on ...


Church Liability For Clergy Sexual Abuse: Have Time And Events Overthrown Swanson V. Roman Catholic Bishop Of Portland?, Sonia J. Buck 2017 University of Maine School of Law

Church Liability For Clergy Sexual Abuse: Have Time And Events Overthrown Swanson V. Roman Catholic Bishop Of Portland?, Sonia J. Buck

Maine Law Review

In Swanson v. Roman Catholic Bishop of Portland, Albert and Ruth Swanson sued their former pastor, Father Maurice Morin, after the couple's marriage counseling sessions with Father Morin led to a sexual relationship between Father Morin and Mrs. Swanson. The Swansons brought claims against Father Morin for negligent and intentional infliction of emotional distress and negligent pastoral counseling. They also sued the Roman Catholic Bishop of Portland, a corporation, and Bishop Joseph Gerry in his personal capacity (collectively referred to as the “Church”) for negligence in selecting, training, and supervising Father Morin. The Maine Superior Court dismissed the claims ...


Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith 2017 Valparaiso University

Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith

Richard Stith

No abstract provided.


Satisfaction Of Civil Judgments Against Public Juridic Persons In The United States In Light Of Canons 22 And 1291: Aliud Iure Canonico Caveatur?, Mark T. Reeves 2017 St. John's University School of Law

Satisfaction Of Civil Judgments Against Public Juridic Persons In The United States In Light Of Canons 22 And 1291: Aliud Iure Canonico Caveatur?, Mark T. Reeves

The Catholic Lawyer

No abstract provided.


The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer 2017 Hebrew University of Jerusalem

The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Serious problems exist for cultural heritage protection, and these problems are even more serious when accounting for the protection of sacred space and holy places. The lack of effectiveness of the majority of existing international norms and institutions will be reviewed in this paper, which shall then turn to potential sources for entrenching protection of scared space within states.

The paper shall rely on the human right to freedom of religion or belief as the basis for upholding sacred space given an emerging broader understanding of the right within the human rights framework.

The paper shall principally focus on the ...


Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne 2017 University of Maine School of Law

Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne

Maine Law Review

The United States Supreme Court has struggled with the countervailing directives of the Free Exercise Clause and the Establishment Clause for decades. One area in which this battle has been particularly contentious is the issue of public funding of religious schools. On one hand, opponents argue that such funding is an impermissible co-mingling of church and state, thereby violating the Establishment Clause. Meanwhile, proponents of public funding of religious schools argue that, to withhold funding from religious schools would place a burden on those wishing to send their children to religious schools, thereby impermissibly preventing individuals from practicing their faith ...


A Shared Spirit Of Justice - The Union Of Law And Equity, Justice's Body And Soul: Canon And Common Law's "Common Ground", Joseph W. Bellacosa 2017 St. John's University School of Law

A Shared Spirit Of Justice - The Union Of Law And Equity, Justice's Body And Soul: Canon And Common Law's "Common Ground", Joseph W. Bellacosa

The Catholic Lawyer

No abstract provided.


A Study Of Canon Law: Dismissal From The Clerical State In Cases Of Sexual Misconduct, Msgr. John A. Alesandro 2017 St. John's University School of Law

A Study Of Canon Law: Dismissal From The Clerical State In Cases Of Sexual Misconduct, Msgr. John A. Alesandro

The Catholic Lawyer

No abstract provided.


Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin 2017 University of Maine School of Law

Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin

Maine Law Review

Religious wars have broken out around the country about the legality of gay marriage, the consequences of gay ordination for property ownership, the funding of faith-based organizations and the placement of crosses and Ten Commandments (but not Seven Aphorisms) on public land. To resolve such impassioned disputes, Americans traditionally look to the Religion Clauses of the First Amendment, which state "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Unfortunately, the Court's modern decisions interpreting those clauses have shed more heat than light on the discussion and have provoked ongoing controversy instead ...


Canon Law & Civil Law Interface: Diocesan Corporations, Reverend Edward L. Buelt, Charles Goldberg 2017 St. John's University School of Law

Canon Law & Civil Law Interface: Diocesan Corporations, Reverend Edward L. Buelt, Charles Goldberg

The Catholic Lawyer

No abstract provided.


Rights In Canon Law For Persons With Mental Disabilities, Rev. Joseph N. Perry 2017 St. John's University School of Law

Rights In Canon Law For Persons With Mental Disabilities, Rev. Joseph N. Perry

The Catholic Lawyer

No abstract provided.


Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes, Jr. 2017 St. John's University School of Law

Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes, Jr.

The Catholic Lawyer

No abstract provided.


Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel 2017 Roger Williams University School of Law

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel

Life of the Law School (1993- )

No abstract provided.


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