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Homosexuality And Nullity - Developing Jurisprudence, Rev. Msgr. Walter F. Kenny 2017 St. John's University School of Law

Homosexuality And Nullity - Developing Jurisprudence, Rev. Msgr. Walter F. Kenny

The Catholic Lawyer

No abstract provided.


Oeconomia: A Corrective To Law, George A. Maloney, S.J. 2017 St. John's University School of Law

Oeconomia: A Corrective To Law, George A. Maloney, S.J.

The Catholic Lawyer

No abstract provided.


Ni Si, Ni No, Sino Todo Lo Contrario: El Tribunal Electoral, La Iglesia Católica Y La Imposible Nulidad De La Elección De Gobernador En Aguascalientes, Javier Martín Reyes 2017 Columbia University

Ni Si, Ni No, Sino Todo Lo Contrario: El Tribunal Electoral, La Iglesia Católica Y La Imposible Nulidad De La Elección De Gobernador En Aguascalientes, Javier Martín Reyes

Javier Martín Reyes

En el presente artículo se realiza un análisis crítico de la sentencia de la Sala Superior del Tribunal Electoral del Poder Judicial de la Federación (TEPJF) mediante la cual validó la elección de Gobernador de Aguascalientes de 2016. En este asunto, la Sala acreditó plenamente que el Obispo de Aguascalientes y otros ministros de culto intervinieron de manera ilegal en la contienda electoral, violando con ello los principios de laicidad y de separación del Estado y las iglesias. No obstante lo anterior, para la mayoría de la Sala Superior estas violaciones no fueron ni graves ni determinantes y, en consecuencia ...


Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson 2017 Selected Works

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Eloisa C Rodríguez-Dod

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease. This Article focuses on the need for ...


Decorating The Structure: The Art Of Making Human Law, Brian M. McCall 2017 St. John's University School of Law

Decorating The Structure: The Art Of Making Human Law, Brian M. Mccall

Journal of Catholic Legal Studies

No abstract provided.


Thomas More And The Inns Of Court, Brian Butler 2017 St. John's University School of Law

Thomas More And The Inns Of Court, Brian Butler

The Catholic Lawyer

No abstract provided.


Condemning Religion: Rluipa And The Politics Of Eminent Domain, Nelson Tebbe, Christopher Serkin 2017 Selected Works

Condemning Religion: Rluipa And The Politics Of Eminent Domain, Nelson Tebbe, Christopher Serkin

Christopher Serkin

No abstract provided.


Why The Religious Freedom Restoration Act Cannot Protect Sacred Sites, Timothy A. Wiseman 2017 PMSA Group

Why The Religious Freedom Restoration Act Cannot Protect Sacred Sites, Timothy A. Wiseman

American Indian Law Journal

No abstract provided.


The Free Exercise Of Religious Identity, Lauren Sudeall Lucas 2017 Georgia State University College of Law

The Free Exercise Of Religious Identity, Lauren Sudeall Lucas

Lauren Sudeall Lucas

In recent years, a particular strain of argument has arisen in response to decisions by courts or the government to extend certain rights to others. Grounded in religious freedom, these arguments suggest that individuals have a right to operate businesses or conduct their professional roles in a manner that conforms to their religious identity. For example, as courts and legislatures have extended the right to marry to same-sex couples, court clerks have refused to issue marriage certificates to such couples, claiming that to do so would violate their religious beliefs. Similarly, corporations have refused, for reasons grounded in religious identity ...


Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson 2017 The Catholic University of America, Columbus School of Law

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Catholic University Law Review

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for ...


Introduction, Legal Scholarship In Jewish Law, Samuel J. Levine 2017 Touro Law Center

Introduction, Legal Scholarship In Jewish Law, Samuel J. Levine

Scholarly Works

In recent years, Jewish law has gained significant prominence in American legal scholarship, producing a substantial body of literature exploring the Jewish legal system, both on its own terms and in comparative perspective. In particular, the past few decades have seen a marked increase in the number of articles published in American law reviews addressing substantive, procedural, and conceptual aspects of Jewish law, often in the context of broader considerations of important, unsettled, and controversial issues in American legal thought.

In the past, a number of scholars have compiled bibliographies collecting and, at times, briefly annotating, lists of selected works ...


Women And The Making Of The Tunisian Constitution, Rangita de Silva de Alwis, Anware Mnasri, Estee Ward 2017 University of Pennsylvania Law School

Women And The Making Of The Tunisian Constitution, Rangita De Silva De Alwis, Anware Mnasri, Estee Ward

Faculty Scholarship

This article attempts to glean from field interviews and secondary sources some of the sociopolitical complexities that underlay women’s engagement in Tunisia’s 2011-14 constitution-making process. Elucidating such complexities can provide further insight into how women’s engagement impacted the substance and enforceability of the constitution’s final text. We argue that, in spite of longstanding roadblocks to implement and enforce constitutional guarantees, the greater involvement of Tunisian women in the constitution drafting process did make a difference in the final gender provisions of Tunisia’s constitution. Although not all recommendations were adopted, Tunisian women were able to use ...


Lost & Found: Order In The Court -- The Party Game, Owen Gottlieb, Ian Schreiber 2017 Rochester Institute of Technology

Lost & Found: Order In The Court -- The Party Game, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The second game in the series, Lost & Found: Order in the Court – the Party Game (jr. high and up) is a fast-paced storytelling and judging game. Players compete to tell the best story about how a medieval legal ruling may have gotten to court in the first place. The game emphasizes legal reasoning.

Both this game and the original Lost & Found games are set in Fustat (Old Cairo) in the 12th Century, a crossroads of religions. Lost & Found and Order in the Court both teach elements of the Mishneh Torah, the Jewish legal code written by Moses Maimonides. Maimonides was influenced by the works of Islamic legal scholars and philosophers such as Ibn Rushd (Averroes) and Al Ghazahli; he also influenced Islamic scholars.


Sex, Drugs, And Eagle Feathers: An Empirical Study Of Federal Religious Freedom Cases, Luke W. Goodrich 2017 S.J. Quinney College of Law, University of Utah

Sex, Drugs, And Eagle Feathers: An Empirical Study Of Federal Religious Freedom Cases, Luke W. Goodrich

Utah Law Faculty Scholarship

This Article presents one of the first empirical studies of federal religious freedom cases since the Supreme Court’s landmark decision in Hobby Lobby. Critics of Hobby Lobby predicted that it would open the floodgates to a host of novel claims, transforming “religious freedom” from a shield for protecting religious minorities into a sword for imposing Christian values in the areas of abortion, contraception, and gay rights.

Our study finds that this prediction is unsupported. Instead, we find that religious freedom cases remain scarce. Successful cases are even scarcer. Religious minorities remain significantly overrepresented in religious freedom cases; Christians remain ...


Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner 2017 Claremont McKenna College

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division ...


God And State Preambles, Peter J. Smith, Robert W. Tuttle 2017 George Washington University Law School

God And State Preambles, Peter J. Smith, Robert W. Tuttle

Marquette Law Review

Those who question the permissibility of official acknowledgements of God might be surprised to learn that the preambles of forty-five of the fifty state constitutions expressly invoke God. The practice is common in both liberal and conservative states and is equally prevalent in all regions of the country. Virtually all of those preambles give thanks to God, and many also seek God's blessing n the state's endeavors. Yet there has been no detailed assessment of the preambles' history or significance. This paper seeks to remedy that gap.

The preambles complicate the claim that official acknowledgements of God are ...


The Costly Exercise Of Religion: Issues On Diocesan Bankruptcy Estate Formation And First Amendment Implications, Simon W. Bright 2017 University of Oklahoma College of Law

The Costly Exercise Of Religion: Issues On Diocesan Bankruptcy Estate Formation And First Amendment Implications, Simon W. Bright

Oklahoma Law Review

No abstract provided.


Reforming The Death Penalty In Egypt: An Islamic Law Perspective, Gaber Mohamed 2017 Indiana University Maurer School of Law

Reforming The Death Penalty In Egypt: An Islamic Law Perspective, Gaber Mohamed

Theses and Dissertations

The main goal of this thesis is to reform the imposition of the death penalty in the Egyptian legal system through the tools and theories of Islamic law. This subject will be discussed in three main chapters: The first chapter will be a survey of the current application of the death penalty in the Egyptian legal system, including the death penalty’s history, laws, courts, appeals, legal procedures, and general comments on the current application of the penalty. The second chapter will be about the death penalty in Islamic law – including the sources of Islamic law, the crimes that merit ...


Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams 2017 Augustana College, Rock Island Illinois

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure ...


The Free Exercise Of Religious Identity, Lauren Sudeall Lucas 2017 Georgia State University College of Law

The Free Exercise Of Religious Identity, Lauren Sudeall Lucas

Faculty Publications By Year

In recent years, a particular strain of argument has arisen in response to decisions by courts or the government to extend certain rights to others. Grounded in religious freedom, these arguments suggest that individuals have a right to operate businesses or conduct their professional roles in a manner that conforms to their religious identity. For example, as courts and legislatures have extended the right to marry to same-sex couples, court clerks have refused to issue marriage certificates to such couples, claiming that to do so would violate their religious beliefs. Similarly, corporations have refused, for reasons grounded in religious identity ...


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