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Performative Privacy, Scott Skinner-Thompson 2017 University of Colorado Law School

Performative Privacy, Scott Skinner-Thompson

Articles

Broadly speaking, privacy doctrine suggests that the right to privacy is non-existent once one enters the public realm. Although some scholars contend that privacy ought to exist in public, “public privacy” has been defended largely with reference to other, ancillary values privacy may serve. For instance, public privacy may be necessary to make the freedom of association meaningful in practice.

This Article identifies a new dimension of public privacy, supplementing extant justifications for the right, by arguing that many efforts to maintain privacy while in “public” are properly conceptualized as forms of performative, expressive resistance against an ever-pervasive surveillance society ...


Constitutional Law: If These Walls Could Talk: Giving Undue Deference To Religious Actors By Expanding The Ecclesiastical Abstention Doctrine—Pfeil V. St. Matthews Evangelical Lutheran Church Of Unaltered Augsburg Confession, Jeremy D.F. Krahn 2017 Mitchell Hamline School of Law

Constitutional Law: If These Walls Could Talk: Giving Undue Deference To Religious Actors By Expanding The Ecclesiastical Abstention Doctrine—Pfeil V. St. Matthews Evangelical Lutheran Church Of Unaltered Augsburg Confession, Jeremy D.F. Krahn

Mitchell Hamline Law Review

No abstract provided.


Love, Law And The Judeo-Christian Separation-Individuation, JOSEPH DAVID 2016 Sapir Academic College

Love, Law And The Judeo-Christian Separation-Individuation, Joseph David

JOSEPH E. DAVID

Borrowed from a psychological theory, the principle of ‘separation-individuation’ refers to
a developmental phase in which a subject develops sense of differentiation from her past or
present origins and sense of autonomous selfhood and independency. The article suggests
viewing the typology of anomist and legalist religions not as a consistent phenomenology
but rather in relation to the above principle and the need to differentiate and create a
religious self-identification.


Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz 2016 Duquesne University School of Law

Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Bruce Ledewitz

The question that was addressed on January 4, 2017, by the Section panel on Law and Religion at the AALS Annual Meeting, and is now addressed in these papers, is whether Secularism is a Non-Negotiable Aspect of Liberal Constitutionalism? That question elicited a variety of important responses at the panel discussion. Of course there were definitional issues: What is meant by secularism? What is the nature of liberal constitutionalism? The panelists also explored the relationship among religion, secularism, and constitutionalism. Some panelists pointed to historical experiences in which dominant religions oppressed minority religious believers and non-believers. The panel pointed out ...


Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick 2016 University of Tennessee, Knoxville

Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell 2016 Northwestern University School of Law

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell

Northwestern Journal of Law & Social Policy

No abstract provided.


The Church And Magna Carta, R. H. Helmholz 2016 College of William & Mary Law School

The Church And Magna Carta, R. H. Helmholz

William & Mary Bill of Rights Journal

No abstract provided.


Canon Law In New Dimensions, Dr. Miriam Theresa Rooney 2016 St. John's University School of Law

Canon Law In New Dimensions, Dr. Miriam Theresa Rooney

The Catholic Lawyer

No abstract provided.


The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414 2016 University of Arizona

The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414

Mathal

The idea of deducing legal rulings in Islamic law, or ijtihād, as well as the qualifications of the person who practices ijtihād, known as the mujtahid, has been a complex issue among Muslim ʿulamāʾ for centuries. Many Muslim ʿulamāʾ and Western scholars have maintained that the gate of ijtihād was closed. The title of mujtahid was therefore impossible to attain. The Moroccan intellectual al-Khamlīshī maintains that the strenuous conditions put forth by some of the Sunni jurists to qualify an individual to become a mujtahid actually contributed to the demise of ijtihād. These qualifications, according to al-Khamlīshī, were proven to ...


Lawyers And Biblical Prophets, Thomas L. Shaffer 2016 Notre Dame Law School

Lawyers And Biblical Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they ...


Live Music During Thaipusam Processions In Singapore: Developments In The Law On Freedom Of Religion, Benjamin Joshua ONG 2016 Singapore Management University

Live Music During Thaipusam Processions In Singapore: Developments In The Law On Freedom Of Religion, Benjamin Joshua Ong

Research Collection School Of Law

In Singapore, due to the 2009 Public Order Act, public processions require an official permit, which may have conditions attached. In Vijaya Kumar s/o Rajendran v Attorney-General (17 September 2015), three applicants, citing their constitutional rights to freedom of religion and equality before the law, challenged such a condition which prohibited the use of musical instruments (other than at certain fixed points) during the annual procession for the Hindu festival of Thaipusam.


Human Rights, Religious Freedom, And Peace, David Little 2016 Brigham Young University Law School

Human Rights, Religious Freedom, And Peace, David Little

BYU Law Review

No abstract provided.


The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma 2016 Brigham Young University Law School

The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma

BYU Law Review

Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies ...


The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey 2016 Brigham Young University Law School

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey

BYU Law Review

The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a ...


Legal Implications Of Same Sex Marriage For Christian Life And Ministry, Neil J. Foster 2016 University of Newcastle, NSW, Australia

Legal Implications Of Same Sex Marriage For Christian Life And Ministry, Neil J. Foster

Neil J Foster

Considers the legal implication for Christian life and ministry of the possible introduction of same sex marriage in Australia.


Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer 2016 Notre Dame Law School

Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation. This paper describes how such federal and state protections limit state regulation of religious organizations under current ...


Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer 2016 Notre Dame Law School

Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation. This paper describes how such federal and state protections limit state regulation of religious organizations under current ...


Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer 2016 Notre Dame Law School

Limits On State Regulation Of Religious Organizations: Where We Are And Where We Are Going, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The breadth of activities and organizational forms among religious organizations rivals that of nonprofits generally, and religious organizations are vulnerable to the same types of problems that justify state regulation and oversight of nonprofits. Such problems include excessive compensation, improper benefits for board members and other insiders, misleading or fraudulent fundraising, employment discrimination, unsafe working conditions, consumer fraud, improper debt collection, and many others. Religious organizations are different, however, in that under federal and state law they enjoy unique protections from state regulation.This paper describes how such federal and state protections limit state regulation of religious organizations under current ...


Religion And Child Custody, Margaret Brinig 2016 Notre Dame Law School

Religion And Child Custody, Margaret Brinig

Margaret F Brinig

This piece draws upon divorce pleadings and other records to show how indications of religion (or disaffiliation) that appear in custody agreements and orders (called “parenting plans” in both states studied) affect the course of the proceedings and legal activities over the five years following divorce filing. Some of the apparent findings are normative, but most are merely descriptive and some may be correlative rather than caused by the indicated concern about religion. While parenting plans are accepted by courts only when they are in the best interests of the child (at least in theory), the child’s independent religious ...


The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn 2016 University of Georgia School of Law

The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn

Journal of Intellectual Property Law

No abstract provided.


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