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A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave

Articles

No abstract provided.

Mishandling The Current Crisis, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Homosexuality And Public Policy, Gerard V. Bradley

Journal Articles

No need to lament the fate of Mr. Dysart, who does seem to have been a well-intentioned fellow.

The point of relating Dysart's travails is to bring to life, through one illustration, the American legal and constitutional tradition governing sexual immorality, from the founding until the 1960's.

Dysart's lawyers made no constitutional claim. The Supreme Court raised none of its own. The Justices did not even question their prior test for "obscenity." They simply declared that Dysart remained on its safe side, that as a matter of law the notices were not obscene.

I agree with the Supreme Court's conclusion. …

Erastian And Sectarian Arguments In Religiously Affiliated American Law Schools, Thomas L. Shaffer

Journal Articles

The legal education establishment in the United States some time ago gave up discouraging religiously affiliated law schools. Its support for them now, however, is conditioned on their approaching religious affiliation in a manner that is seen as consistent with the dominant American attitude toward religion—that religion is a private affair and that public moral issues, including issues of jurisprudence and professional ethics, are secular issues, to be talked about in secular language, pursuant to secular principles, and in a secular style.

I begin here by considering the requirement of the American Bar Association, in its Standards for the Approval …

Clergy Malpractice: Liability For Negligent Counseling And Sexual Misconduct, Constance Frisby Fain

MC Law Review

No abstract provided.

An Audience For The Amish: A Communication Based Approach To The Development Of Law, Maryann Schlegel Ruegger

Indiana Law Journal

No abstract provided.

Through The Narrow Door: An Examination Of Possible Criteria For A Clergy Malpractice Action, Mark A. Anthony

University of Dayton Law Review

No abstract provided.

Clergy Malpractice After Nally: Touch Not My Anointed, And To My Prophets Do Not Harm, Martin R. Bartel

Villanova Law Review (1956 - )

No abstract provided.

Clergy Malpractice: A Constitutional Approach, James K. Lehman

South Carolina Law Review

No abstract provided.

The Admissibility Of Expert Psychological Testimony In Cases Involving The Sexual Misuse Of A Child, Dirk Lorentzen

University of Miami Law Review

No abstract provided.

Annotated Bibliography On Aids, Edmund F. Santa Vicca

Journal of Law and Health

This bibliography was included in the AIDS Symposium held at Cleveland-Marshall College of Law on March 11, 1988 as a helpful reference guide. The Journal would like to thank Edmund Santa Vicca for his ever continuing support in the quest for knowledge.

Scarlet Letter Lawsuits: Private Affairs And Public Judgments, Lynn Buzzard

Campbell Law Review

This article will review the legal issues related to church discipline which are raised by Guinn v. Church of Christ of Collinsville. Part II will provide an overview of the general legal bases for church rights of internal control and discipline in associational and first amendment law. Part III will note the traditional limited scope of tort claims, and defenses to them, raised in church discipline cases. Part IV will note the newer claims grounded in the modern torts of invasion of privacy and infliction of emotional distress as represented by Guinn in church discipline-related suits. Part V will suggest …

Must Clergy Tell--Child Abuse Reporting Requirements Versus The Clergy Privilege And Free Exercise Of Religion, Mary Harter Mitchell

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Sanctuary: The Legal Institution In England, Steven Pope

Seattle University Law Review

This Article discusses the institution of sanctuary that was recognized under the Common Law of England from at least the early Middle Ages until the Jacobean period, that is, from about the seventh to the seventeenth centuries A.D. This Article does not include a specific discussion of the modern American idea of sanctuary as the term is applied to the act of aiding an alien to remain illegally in the United States to escape political persecution in the alien’s own country. However, a consideration of the historical institution of sanctuary may shed light on the contemporary issue in two ways. …

Religious Employers And Gender Employment Discrimination, John P. Boyle

Minnesota Journal of Law & Inequality

No abstract provided.

Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks

Michigan Law Review

Part I explains the extent to which courts are competent to decide the threshold question of whether particular conduct is religious. Part II describes the balancing test put forward by the Supreme Court for evaluating free exercise claims, and derives criteria relevant to spiritual counseling from cases involving such claims. Part III summarizes the pertinent criteria and reviews the ways they may be employed to systematize the treatment of spiritual counseling cases.

1985 Survey Of Trends And Developments On Religious Liberty In The Courts, Carl H. Esbeck

Faculty Publications

The purpose of this survey is to note important caselaw developments in the state and lower federal courts concerning religious liberty during 1985. Purposely omitted are the widely reported United State Supreme Court opinions, as well as cases where the high court has granted review during its 1985-86 term. The focus here is to collect significant cases that may otherwise escape broad attention. Only the facts and rationale of each court's decision is recorded. No editorial comment on the merits of these cases is intended.

Iii. Antitrust

Washington and Lee Law Review

No abstract provided.

Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii

University of Richmond Law Review

This comment explores one facet of the issue of inmate civil rights: the right to marry. An analysis will be made of the current situation nationwide with particular emphasis on Virginia, including proposed guidelines for Virginia's Department of Corrections that reflect the current national trend with regard to inmate marriages.

Exemptions And Privileges On Grounds Of Religion And Conscience, Shimon Shetreet

Kentucky Law Journal

No abstract provided.

Correctional Outcome: An Evaluation Of 100 Reports, Walter C. Bailey

Journal of Criminal Law and Criminology

No abstract provided.

A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes

Journal Articles

Among the recommendations adopted by the Canon Law Society of America at its last annual meeting was one for bringing the insights of legal traditions besides the Roman to bear on the canonical system. The following suggestions are derived from the insights of my tradition, the common law tradition. That aspect of the common law tradition that I believe has most to contribute to the development of the canon law is concerned not so much with the particular rules of law as with the basic techniques of legal analysis. The common law tradition of legal analysis, as it has been …

Sex Offenses: An Ethical View, Joseph Fletcher

Law and Contemporary Problems

No abstract provided.

Book Reviews, Anton-Hermann Chroust, W. F. Cunningham, Louis Charles Kaplan, Luther M. Swygert

Notre Dame Law Review

No abstract provided.

A Report On The Inter-Professions Conference, Miguel A. Decapriles

Journal of Legal Education

No abstract provided.