China’S Domestic Legislation Relating To Its Gats Obligations:, 2014 SelectedWorks
China’S Domestic Legislation Relating To Its Gats Obligations:, Christina Tao
Christina Tao
This paper explains how China’s GATS obligations are implemented, illustrates the structure of relevant domestic legislation from the Constitution to departmental rules, and summarizes the characteristics of domestic legislation. Based on the analysis of the structure and characteristics, this paper tries to reveal some common problems which are not just existent in certain service sectors but are applicable in all service sectors and may affect the implementation of China’s GATS obligations. In the light of the examination of domestic legislation relating to trade in services, this thesis exposes four potential problems: lack of transparency, lack of legislation on the other …
Muslim Personal Laws Vis-S-Vis Uniform Civil Code: Prospects And Constraints, 2014 University of Pune
Muslim Personal Laws Vis-S-Vis Uniform Civil Code: Prospects And Constraints, Sukdeo Ingale, Priyanka Gawai
Sukdeo Ingale
This paper addresses the tousle between Muslim personal laws and Uniform Civil Code. India is a multi-religious ‘secular’ country, where every religion is divided in different sects and denominations having their different (and sometime contradicting) customs and traditions. The personal laws based on such customs and traditions having ‘utmost religious content’ govern various matters including marriage, divorce, succession, inheritance, adoption, maintenance, guardianship, etc. This created difficulties in distribution of justice. To answer this issue, ‘the idea of Uniform Civil Code’ was first mooted in the Constituent Assembly in 1947. Uniform Civil Code, only three words have divided the nation into …
Reflexiones Constitucionales Del Poder De La Iglesia®, 2014 SelectedWorks
Reflexiones Constitucionales Del Poder De La Iglesia®, Daniel Fernando Gómez Tamayo
Daniel Fernando Gómez Tamayo
¿Cómo hacen los Clérigos del castrense o de las diócesis para administrar el sacramento de la reconciliación si existen supuestos fácticos concretos que son ilícitos graves, o que obedecen a causas psicológicas, médicas o forenses?Es importante revisar el contenido de los programas de formación sacerdotal, para que los obiter dictum y las reglas de la teologia moral no dañen la conciencia de los adolescentes que están construyendo relaciones heterosexuales, o que tienen relaciones prematrimoniales sanas según la ratio decidendi de la ley natural. ¿Què sucede si el clèrigo defiende la polìtica LGBT e ignora los aportes canonìsticos?. ¿què sucede si …
The Right To An Exclusively Religious Education – The Ultra-Orthodox Community In Israel In Comparative Perspective, 2014 College of Law and Bussines, Israel
The Right To An Exclusively Religious Education – The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler
Gila Stopler
The ultra-Orthodox Jewish community in Israel has its own separate education system which is funded by the state and in which boys are given an exclusively religious education with almost no exposure to secular subjects or to civic education. At the same time that the Israeli Supreme Court was scheduled to rule that the state may not continue to fund ultra-Orthodox private schools that do not teach the national core curriculum the Israeli parliament passed the Unique Cultural Educational Institutions Act which upholds the right of the ultra–Orthodox community to give their boys an exclusively religious education funded by the …
The Challenge Of Strong Religion In The Liberal State, 2014 College of Law and Bussines, Israel
The Challenge Of Strong Religion In The Liberal State, Gila Stopler
Gila Stopler
Liberal states are struggling to find ways to deal with strong religion in a manner that would enable them to give due respect to the religious beliefs of citizens while at the same time to adhere to core liberal values such as respect for human rights and avoidance of undue entanglement of religious and state authority. One type of solution that has been offered is granting authority and autonomy to private religious tribunals, for example in the area of religious family law. Another type of solution is creating a direct link between state law and some religious obligations, as was …
Deconstructing The Religious Free Market, 2014 University of Hong Kong
Deconstructing The Religious Free Market, Jianlin Chen
Jianlin Chen
Scholars have frequently alluded to the normative value of the religious free market fostered by the twin legal guarantees of the free exercise of religion and the absence of state establishment of religion. But given that the desirable normative interpretations of these two clauses differ widely, the nature of the resulting market is inevitably dependent on one’s choice of these contested interpretations. Similarly, the “entitlement to free religious competition” depends on the definition of “religion.” The present article deconstructs the religious free market into its legal components and discusses critically how the different interpretations and combinations of these legal components …
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, 2014 University of Baltimore School of Law
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier
University of Baltimore Journal of International Law
Boko Haram has been active since 2002, however, most of the world became familiar with the Islamic terrorist group in April of 2014 after they kidnapped approximately 276 girls from a boarding school in northeastern Nigeria.1 The group’s leader, Abubakar Shekau, announced in a video that the kidnapping was an act of retaliation after Nigerian security forces kidnapped the wives and children of Boko Haram leaders.2 He also stated that the girls would be forced to convert to Islam and sold into the slave market to begin their new lives as “servants.”3 The kidnapping was not the first act of …
The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), 2014 UIC School of Law
The Policing Of Religious Marriage Prohibitions In Israel: Religion, State, And Information Technology, 31 J. Marshall J. Info. Tech. & Privacy L. 23 (2014), Akiva Miller
UIC John Marshall Journal of Information Technology & Privacy Law
The State of Israel applies religious law in all matters of marriage and divorce. For the Jewish population of Israel, the law of marriage includes religious prohibitions on certain kinds of marriages, most notably the prohibition against intermarriage and the prohibition against marrying a mamzer. Over the years, Israel‘s state-religious authorities have adopted a variety of methods and practices for policing these prohibitions. These include stringent procedures for premarital registration inquiries; use of databases for collecting information on prohibited persons; recording the possibility of mamzer status of newborn children; special Beit Din proceedings for handling cases of possible marriage prohibitions; …
Abortion, Religion, And The Accusation Of Establishment: A Critique Of Justice Stevens’ Opinions In Thornburgh, Webster, And Casey, 2014 Loyola University Chicago, School of Law
Abortion, Religion, And The Accusation Of Establishment: A Critique Of Justice Stevens’ Opinions In Thornburgh, Webster, And Casey, John M. Breen
Faculty Publications & Other Works
It is commonplace to characterize legal arguments in favor of protecting the human embryo or fetus as “inherently religious” such that laws embodying this point of view constitute an establishment of religion in violation of the First Amendment. The practical effect of this argumentative strategy is to foreclose substantive debate on the issue of the legal status of the unborn – to preclude from consideration an entire point of view and so win an argument without ever really having one.
This claim has a long pedigree, tracing back to the founding of NARAL and Lawrence Lader’s “Catholic strategy.” Its most …
Twenty-Five Years Of Law And Religion Scholarship: Some Reflections, 2014 Mitchell Hamline School of Law
Twenty-Five Years Of Law And Religion Scholarship: Some Reflections, Marie Failinger
Faculty Scholarship
In this address, the author describes some of the significant movements in law and religion scholarship over the past twenty-five years, including the dialogue between traditional church-state and international human rights scholars and outside scholars, including those writing from within American minority faith traditions.
Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity, 2014 St. Mary's University School of Law
Canon 1095 And The Dignitas Connubii: The Role Of Consent, Incapacity, And Psychic Anomalies In Cases Of Matrimonial Nullity, Roberto Rosas
Faculty Articles
This Article will focus on the following points: (1) the essential elements of marriage; (2) the basic principle of matrimonial consent; (3) the nature of consent; (4) acts through which consent is formed; (5) matrimonial nullity in Canon Law; (6) Canon Law and the Dignitas Connubil (Dignitas); and (7) recent jurisprudence concerning matrimonial nullity. It aims to shed light and clarify paragraphs 2 and 3 of Canon 1095 of the Code by making clear how the causes of defect of discretion of judgment and the inability to assume the essential obligations due to some sort of psychic disorder or anomaly …
The Law Of The Church In The Nullity Of Marriage Due To Causes Of Psychic Nature, 2014 St. Mary's University School of Law
The Law Of The Church In The Nullity Of Marriage Due To Causes Of Psychic Nature, Roberto Rosas
Faculty Articles
Introduction. - I. The principles of marriage, matrimonial consent and nullity of marriage in Canon Law. - II. The ordinary process of a declaration of nullity of marriage. The enhancement to the Code of Canon Law by the Instruction Dignitas connubii. - 1. Summary of the principal functions of the Dignitas connubii. - 2. Connections of Dignitas connubii to can. 1095 of the Code. - Ill. Recent Rotal Jurisprudence and the Dignitas connubii. - 1. Doctrine and case law. - a. Grave defect of discretion of judgment. - b. Incapacity to assume the essential obligations of marriage. - 2. Recent …
The Transformation Of An Empire To A Nation-State: From The Ottoman Empire To The Republic Of Turkey, 2014 Scripps College
The Transformation Of An Empire To A Nation-State: From The Ottoman Empire To The Republic Of Turkey, Sarah R. Menzies
Scripps Senior Theses
The transformation of the Ottoman Empire to the Republic of Turkey involved reforming the government, redefining the relationship between the population and the ruling elite, and navigating ethnic and religious identities and how those identities affected the national identity. Unfortunately, these processes were accompanied by the suppression of religious and ethnic minorities, deportations, violence, and murder.
The Vietnam Draft Cases And The Pro-Religion Equality Project, 2014 Duquesne University School of Law
The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz
University of Baltimore Law Review
No abstract provided.
Accommodation, Establishment, And Freedom Of Religion, 2014 Notre Dame Law School
Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett
Journal Articles
This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, 2014 Brigham Young University Law School
The Unnecessary And Restrictive Constitutional Amendments Concerning Religious Freedom In Mexico, Javier Saldaña Serrano
BYU Law Review
No abstract provided.
The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, 2014 Barry University
The Islamic Influence In (Pre-)Colonial And Early America: A Historico-Legal Snapshot, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, 2014 Barry University
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
Faculty Scholarship
No abstract provided.
The Possible Advantages Of Islamic Financial Jurisprudence: An Empirical Study Of The Dow Jones Islamic Market Index, 2014 Seattle University School of Law
The Possible Advantages Of Islamic Financial Jurisprudence: An Empirical Study Of The Dow Jones Islamic Market Index, Russell Powell, Arthur Delong
Faculty Articles
The Islamic financial system experienced a disproportionately smaller economic hardship in 2008 and 2009 because adherence to Shariʿa tends to encourage conservative investment approaches. Islamic mutual funds were prohibited from investing in the non-Islamic financial sector, highly leveraged companies, and various derivative instruments. Ultimately, this conservative investment approach may have been an effective strategy for mitigating downside risk. The article analyzes the fundamental classical legal requirements that pertain to modern Islamic finance, compares the modern view of Islamic equity investing and its secular capitalist counterpart, explores whether adherence to Shariʿa principles, as defined by the Dow Jones Islamic Market Index, …
Does Shari’A Play A Role In Turkey?, 2014 Seattle University School of Law
Does Shari’A Play A Role In Turkey?, Russell Powell
Faculty Articles
This essay explores the relationship of religious law with contemporaryTurkey. The essay discusses certain civil law supporting the adoption of Sharia in Turkey, the role of religious people in providing protection to religious freedom in Turkey, and the role of traditional Kemalist secularism laiklik in distinguishing Turkey.