“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.
Our First Necessary Freedom: An Examination Of The Historical Argument For Religious Exemptions To The Department Of Health And Human Services’ Patient Protection And Affordable Care Act Mandate,
2013
Rutgers University School of Law - Newark
Our First Necessary Freedom: An Examination Of The Historical Argument For Religious Exemptions To The Department Of Health And Human Services’ Patient Protection And Affordable Care Act Mandate, Joseph T. Lo Galbo
Joseph T Lo Galbo
In its current impasse with the Obama administration regarding the Department of Health and Human Services’ implementation of regulations for group health plans covered under the Patient Protection and Affordable Care Act, the Roman Catholic Church has argued that it possesses a historical right to a religious exemption from this generally applicable law. This contention runs contrary to contemporary legal scholarship that has largely concluded that the First Amendment’s Free Exercise Clause remains silent on the exemption issue. As both sides remain entrenched in their positions, the Church’s assertion necessitates a re-examination of the exemption question. This article attempts to …
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa,
2013
University of Maryland Francis King Carey School of Law
The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin
Peter G. Danchin
This paper explores the normative dissonances and antinomies generated by the politics around religious establishment by examining post-apartheid law reform efforts in South Africa to recognize Muslim marriages. Since the late 1990s, the South African Law Reform Commission has initiated various projects to recognize the claims of and redress past discrimination against different religious communities, including tribal groups living under customary law and religious minorities with their own family and personal status laws. It is striking how the norms and assumptions underpinning this debate differ from engagements involving the claims of religious communities in Europe and North America where broadly …
Baccalaureate Mass Reflection: The Catholic Lawyer And The Meaning Of “Success,”,
2013
Loyola University Chicago, School of Law
Baccalaureate Mass Reflection: The Catholic Lawyer And The Meaning Of “Success,”, John M. Breen
John M. Breen
No abstract provided.
To Compete Globally, Brics Nations Need Reputation, Not Imitation,
2013
University of Iowa
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions must …
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter,
2013
Pepperdine University
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Pepperdine Law Review
No abstract provided.
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements,
2013
University of Richmond
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan
Law Student Publications
In 2012, the federal government spawned an enormously divisive issue when it promulgated a regulation that requires certain employers to provide contraception coverage to their employees without cost-sharing. The mandate's supporters see it as an important step in expanding access to vital healthcare for women, whereas its detractors see it as an attempt by the government to force them into violating their deeply held religious beliefs. In a clash between values, the mandate favors access to contraception over the concerns of religious groups....Section II provides background information on the mandate and the convoluted process by which the Departments of Health …
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements,
2013
University of Richmond School of Law
Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan
University of Richmond Law Review
No abstract provided.
No Compelling Interest: The "Birth Control" Mandate And Religious Freedom,
2013
Villanova University Charles Widger School of Law
No Compelling Interest: The "Birth Control" Mandate And Religious Freedom, Helen M. Alvare
Villanova Law Review
No abstract provided.
"Religious Freedom," The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter,
2013
Villanova University Charles Widger School of Law
"Religious Freedom," The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
Villanova Law Review
No abstract provided.
Israel’S Rosit The Riveter: Between Secular Law And Jewish Law,
2013
Boston University School of Law
Israel’S Rosit The Riveter: Between Secular Law And Jewish Law, Pnina Lahav
Faculty Scholarship
In the world of Judaism, the “end of men” is not in sight. Surely, tectonic plates are sliding and shifting, and a great deal of change is unfolding, but men are fighting hard to keep patriarchy alive. Deep inside, the Orthodox patriarchal man may be motivated by the sheer impulse to maintain his power, but outwardly he projects a profound commitment to his religious law, the law of God. He believes that his fight is a noble one ordained by divine will and that God is on his side. The problem is global; it appears in every Jewish community around …
Social Architecture And The Law: Law, Through The Lens Of Religion,
2013
Chapman University
Social Architecture And The Law: Law, Through The Lens Of Religion, Lorin Geitner
Lorin C. Geitner
How can we account for the differing popular images of attorney in variouscountries? One way of doing so may be to bring a paradigm developed in religious studies toexamine the most publically accessible and prototypical venue for attorneys, the courtroom.Specifically, applying the model of critical spatial studies developed by Lefebvre and Soja inorder to examine religious ritual space to bear on a different kind of ritual space, the courtroom,its structure, organization, and use may illuminate both societal understandings of how the lawrelates to the citizen, but also inform the differing perception and status of lawyers in the United States, Britain, …
Inheritance Legal System In Indonesia: A Legal Justice For People,
2013
Faculty of Law Universitas Indonesia
Inheritance Legal System In Indonesia: A Legal Justice For People, Yeni Salma Barlinti
Indonesia Law Review
As one of Asian countries, Indonesia has varied of cultures and religions. This variety affects positive laws in Indonesia, one of them is inheritance law. Indonesia has three inheritance legal systems, that is, adat inheritance law, Islamic inheritance law, and western inheritance law. Adat inheritance law is a norm of local adat community about inheritance. Islamic inheritance law is a norm of inheritance based on al Qur’an (Islamic holy book) and hadis (words, acts, and silence of Prophet Muhammad PBUH). In Indonesia, there are three schools of Islamic inheritance law, that is, Syafi’i’s (patrilineal) system of inheritance law (Imam Syafi’i …
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards (Video),
2013
Pepperdine University
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards (Video), 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.
On The Need To Balance Endowments And Academic Integrity,
2013
University of Iowa
On The Need To Balance Endowments And Academic Integrity, Ahmed Souaiaia
Ahmed E SOUAIAIA
As universities face revenues shortfalls due to national and global economic trends, administrators are forced to look for alternative funding streams. Some of the attractive options consist of creating satellite campuses in rich countries and accepting donors from individuals, corporations, and governments. What is the price of such new partnerships and what is the function of endowments for donors and the universities?
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test,
2013
Pepperdine University
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Pepperdine Law Review
Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses in …
