Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan
Working Paper Series
This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle of the liberty of the Church, libertas Ecclesiae. The First Amendment's agnosticism with respect to the liberty of the Church is not ultimately normative. Catholics and others who merely seek religious "accommodation," as with the HHS mandate, for example, are agents of a status quo that illegitimately has comfortable self-preservation as its highest value. It is Catholic doctrine that "creation was for the sake of the Church," not for the sake of, say, religious freedom. The paper argues that the contingent constitution of …
Islamic Flextime, 2013 Legal Scholar
Islamic Flextime, Liaquat Ali Khan
Ali Khan
Islamic flextime is derived from a divine decree that convenience is the organizing principle of cosmic construction. Rigid temporal frameworks restrict freedom and may even impede human happiness, social harmony, and economic efficiency. This essay explains the foundation of Islamic temporality. Islam teaches that human beings can use temporality but they have no control over time, just as they can benefit from sunlight but cannot conquer the sun. A flexible notion of temporality facilitates the performance of obligations, without repudiating the core concepts of punctuality and time commitments. Islamic flextime is an accommodation principle that respects individual needs and mitigates …
A Fragile Alliance: How The Crisis In Egypt Caused A Rift Within The Anti-Syrian Regime Block, 2013 University of Iowa
A Fragile Alliance: How The Crisis In Egypt Caused A Rift Within The Anti-Syrian Regime Block, Ahmed Souaiaia
Ahmed E SOUAIAIA
Qatar, Saudi Arabia, United Arab Emirate (UAE), Turkey, and the West condemned in unison the Syrian regime for its harsh treatment of Syrians from the first day of the uprising in that country. Many observers were skeptical of the stated reasons for this sudden interest in human rights issues given that the Gulf States are in fact models of repressive governance. As the reaction to the Egyptian crisis revealed, the opposition to the Syrian regime was not motivated by its stated goals (support for democracy and condemnation for authoritarianism). It was dictated by narrow political, ideological, and sectarian interests.
Speaker, “On Religion And Money”, 2013 Pepperdine University
Speaker, “On Religion And Money”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “On Religion And Money”, 2013 Pepperdine University
Speaker, “On Religion And Money”, Michael Helfand
Michael A Helfand
No abstract provided.
Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, 2013 Pepperdine University
Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand
Michael A Helfand
No abstract provided.
Should Insurance Companies Be Forced To Reimburse Contraceptives Despite Religious Objections?, 2013 Selected Works
Should Insurance Companies Be Forced To Reimburse Contraceptives Despite Religious Objections?, Robin Wilson, Tamara Piety
Tamara R. Piety
Presented by TU's Federalist Society: Professor Robin Fretwell Wilson, the Class of 1958 Law Alumni Professor of Law and the Law Alumni Faculty Fellow for 2011—2012, received her J.D. and B.A. degrees from the University of Virginia where, at the School of Law, she served on the Editorial Board of the Virginia Law Review. Before entering practice, she clerked for the United States Court of Appeals for the Fifth Circuit. A specialist in Family Law and Health Law, her research and teaching interests also include Insurance and Biomedical Ethics. Professor Wilson is the editor of four volumes: Health Law and …
Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, 2013 Loyola University Chicago, School of Law
Are Christians Fit To Be Parents And Guardians—The Case Of Johns V. Derby City Council, Robert Araujo
Robert J. Araujo S.J.
No abstract provided.
Cracking The Code: Amending Canon Law To Exclude Sexual Abuse Offenders From Roman Catholic Ordination, 2013 SelectedWorks
Cracking The Code: Amending Canon Law To Exclude Sexual Abuse Offenders From Roman Catholic Ordination, Hannah C. Dugan J.D.
Hannah C. Dugan J.D.
Abstract: In 2002, a public scandal broke in the United States revealing the depth of Roman Catholic clerical sex abuse, and exposing the breadth of failed episcopal response to victim complaints. Many civil, criminal, religious and bankruptcy court matters have been pursued to bring justice for victims and survivors. However, the Church’s Code of Canon Law, that lists specifically who may not be ordained, does not exclude sexual abuse offenders from holy orders. This article discusses legal and extra-legal remedies in the wake of the sexual abuse scandal, and argues for amending the Code of Canon Law so that the …
Anatomy Of The Reasonable Observer, 2013 Case Western Reserve University
Anatomy Of The Reasonable Observer, Jessie Hill
Jessie Hill
The “reasonable observer”—the fictional person from whose perspective we are to judge whether a governmental display or practice violates the Establishment Clause—has been under fire for decades. Primarily, critics argue that the reasonable observer, as conceived by the Supreme Court, is incapable of representing a community perspective because he does not sufficiently resemble a flesh-and-blood person. This criticism can be further articulated as two specific complaints: first, that too much knowledge is imputed to the reasonable observer, making him more omniscient than the average passerby; and second, that the reasonable observer, like the average judge, is biased toward a majoritarian …
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, 2013 Emory University
Valuing Our Discordant Constitutional Discourse: Autonomous-Text Constitutionalism And The Jewish Legal Tradition, Shlomo C. Pill
Shlomo C. Pill
This paper considers the viability of autonomous-text constitutionalism, a constitutional interpretive and adjudicative theory based on Hans Georg-Gadamer’s philosophical hermeneutics. As the paper explains, this theory is premised on the subjectivity of all interpretive activity; it admits the legitimacy of a wide spectrum of reasonable interpretations of the Constitution, each given their unique character by the dialectical merging of experiential horizons between the fixed text and individual interpreter. This theory embraces a plurality of constitutional meanings in theory, limited by the need for unity in national spheres of constitutional practice. Such practical certainty is achieved by our empowering judicial institutions …
Catholic Social Thought: A Critical Investigation, 2013 Boston College Law School
Catholic Social Thought: A Critical Investigation, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Foreign Sovereign Immunity And The Holy See, 2013 Loyola University Chicago, School of Law
Foreign Sovereign Immunity And The Holy See, Robert Araujo
Robert J. Araujo S.J.
No abstract provided.
A Natural Law Approach To An Issue Of The Day: A Critique Of The (Equality) Justification For Same Sex Marriage, 2013 Loyola University Chicago, School of Law
A Natural Law Approach To An Issue Of The Day: A Critique Of The (Equality) Justification For Same Sex Marriage, Robert Araujo
Robert J. Araujo S.J.
No abstract provided.
A Corporation Has No Soul - The Business Entity Law Response To Challenges To The Contraceptive Mandate Under The Ppaca, 2013 Stoll Keenon Ogden PLLC
A Corporation Has No Soul - The Business Entity Law Response To Challenges To The Contraceptive Mandate Under The Ppaca, Thomas E. Rutledge
Thomas E. Rutledge
The most contentious matter in the implementation of the Patient Protection and Affordable Care Act (the “PPACA”) is not a question of health care, but rather one of the law of business organizations. The dispute has been over the requirement that group health insurance plans provide, on a no-cost sharing basis, coverage for a variety of procedures and prescription medicines involving contraception and what are described as “abortificants.”
The class of suits subject to this discussion were filed by what are not religious organizations but rather for-profit business ventures, asserting that they should be exempt from the requirements of the …
Evolving Christian Attitudes Towards Personal And National Self-Defense, 2013 Denver University, Sturm College of Law
Evolving Christian Attitudes Towards Personal And National Self-Defense, David B. Kopel
David B Kopel
This Article analyzes the changes in orthodox Christian attitudes towards defensive violence. While the Article begins in the 19th century and ends in the 21st, most of the Article is about the 20th century. The Article focuses on American Catholicism and on the Vatican, although there is some discussion of American Protestantism.
In the nineteenth and early in the twentieth centuries, the traditional Christian concepts of Just War and of the individual's duty to use force to defend himself and his family remained uncontroversial, as they had been for centuries.
Disillusionment over World War I turned many Catholics and Protestants …
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, 2013 1567
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
Working Paper Series
The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, 2013 1567
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
Working Paper Series
John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues that,to the extent that the United States is a nation dedicated to "the pursuit of happiness" understood as the removal of "uneasiness," same-sex unions or marriages should be given legal recognition. While Locke defended a variation on traditional marriage on the grounds of progenitiveness and care for dependent offspring, his more foundational commitment to the importance of the removal of uneasiness precludes, on pain of inconsistency, limiting marriage to opposite-sex couples. This paper argues, furthermore, that conservatives and neo-conservatives who celebrate this nation's being …
Speaker And Participant: A Celebration Of The Work Of Mary Ann Glendon, 2013 Boston College Law School
Speaker And Participant: A Celebration Of The Work Of Mary Ann Glendon, Thomas Kohler
Thomas C. Kohler
No abstract provided.
"The Interface Of Halakha And The Secular Legal System: The Australian Experience" Published As Chapter 14 In Jewish Law Association Studies Vii: The Paris Conference Volume, 2013 Touro Law Center
"The Interface Of Halakha And The Secular Legal System: The Australian Experience" Published As Chapter 14 In Jewish Law Association Studies Vii: The Paris Conference Volume, Harry Reicher
Harry Reicher
No abstract provided.