Digital Commons Network^™

Introductory Remarks To The 2019 Shachoy Symposium, Daniel Mark

Villanova Law Review (1956 - )

No abstract provided.

Halakhah Between Historicism And Dogmatism, Christine Hayes

Villanova Law Review (1956 - )

No abstract provided.

Implications Of The Rabbinic Idea Of Law For The History Of Halakhah: Dialetics,Apologetics, Fractalization?, Tamara Morsel-Eisenberg

Villanova Law Review (1956 - )

No abstract provided.

The Challenge Of Halakhah, Kevin L. Hughes

Villanova Law Review (1956 - )

No abstract provided.

The Fight, Rubina Ramji

Journal of Religion & Film

This is a film review of The Fight (2020), directed by Elyse Steinberg, Josh Kriegman, and Eli Despres.

Legislators On Executive-Branch Boards Are Unconstitutional, Period, Douglas Laycock

William & Mary Bill of Rights Journal

Virginia statute makes legislators categorically “ineligible to serve on boards, commissions, and councils within the executive branch of state government who are responsible for administering programs established by the General Assembly.” But with increasing frequency, the General Assembly has enacted exceptions to this policy. There is a general exception for bodies “engaged solely in policy studies or commemorative activities,” and perhaps such bodies need not be in the executive branch at all. But the Assembly has also enacted exceptions for twenty-one specific boards and commissions, many of which clearly have executive authority. This list of exceptions is a miscellany with …

Brief For Child Usa Et Al. As Amici Curiae Supporting Respondents, Our Lady Of Guadalupe School V. Morrissey-Berru, Leslie C. Griffin

Court Briefs

No abstract provided.

Of American Fragility: Public Rituals, Human Rights, And The End Of Invisible Man, Etienne C. Toussaint

Faculty Publications

The COVID-19 pandemic has exposed the fragility of American democracy in at least two important ways. First, the coronavirus has ravaged Black communities across the United States, unmasking decades of inequitable laws and public policies that have rendered Black lives socially and economically isolated from adequate health care services, educational resources, housing stability, environmental security, stable and living wage jobs, generational wealth, and other institutional structures necessary for resilience. Second, government-mandated social distancing in response to the coronavirus has failed to dampen America’s racially biased, violent, and supervisory policing culture, reigniting demands from the Movement for Black Lives for police …

Religious Antiliberalism And The First Amendment, Richard Schragger, Micah Schwartzman

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

No abstract provided.

Reimagining The Death Penalty: Targeting Christians, Conservatives, Spearit

Buffalo Law Review

This Article is an interdisciplinary response to an entrenched legal and cultural problem. It incorporates legal analysis, religious study and the anthropological notion of “culture work” to consider death penalty abolitionism and prospects for abolishing the death penalty in the United States. The Article argues that abolitionists must reimagine their audiences and repackage their message for broader social consumption, particularly for Christian and conservative audiences. Even though abolitionists are characterized by some as “bleeding heart” liberals, this is not an accurate portrayal of how the death penalty maps across the political spectrum. Abolitionists must learn that conservatives are potential allies …

"Balancing" Free Expression And Religious Feelings In E.S. V. Austria: Blasphemy By Any Other Name?, John G. Wrench

Case Western Reserve Journal of International Law

The European Court of Human Rights’ 2018 decision in E.S. v. Austria upheld an Austrian court’s conviction based on “disparaging religious doctrine.” The Court took this opportunity to reaffirm problematic, decades-old precedent, while creating new contradictions in its analysis of free expression claims. Despite the EU’s modern opposition to the criminalization of blasphemy, E.S. v. Austria in effect sends a contradictory message. This Comment explores the roots of the Court’s struggle to find an appropriate balance between the values of religious tolerance and freedom of expression, analyzes the Court’s recent decision, and suggests future paths to recalibrate the Court’s approach …

Transformation As Desistance Inside: Temporality And Identity Reconstruction Among Men With Life Sentences, Richard Stover

Honors Theses

This thesis is an investigation of destistance strategies among men sentenced to life in prison in a medium security prison in Pennsylvania. Desistance here is defined as the process leading to the cessation of formally deviant behavior. Drawing from life narrative interviews conducted among 22 men, I argue that desistance is intrinsically tied to how inmates conceptualize themselves within the institutional context of the prison and can be expanded to include people who are still incarcerated. I build off of Peggy Giordano and colleagues symbolic interactionist perspective on desistance and expand it to chart how men with life sentences order …

Human Rights, Environmental Justice, Social Justice, Faith Values And Ethics: Building Stronger Partnerships For The Common Good By Understanding The Differences, Theresa Harris, Leanne M. Jablonski, Sarah Fortner, Malcolm Daniels

Biennial Conference: The Social Practice of Human Rights

Partnerships between human rights practitioners, local communities, scientists, engineers, and health professionals have shown potential to address deeply rooted, systemic human rights concerns. These collaborations are essential for achieving the UN Sustainable Development Goals (SDGs), and for engaging the perspectives and expertise of all constituents. However, even when the individuals in these partnerships or the organizations they represent have common goals, their motivations, analyses, and solutions often come from different perspectives. Members of good will can inadvertently alienate one another when attempting to work together. The fields of human rights, social justice, environmental justice, and ethics have each developed their …

Clark Memorandum: Fall 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Essentials, Unity; in Nonessentials, Liberty; and in All Things, Charity
• Choose to Trust the Lord
• First Amendment Harms
• "To Do Justly, and to Love Mercy"

Read on Issuu

The Pink Triangle As An Interruptive Symbol, Marnie Rorholm, Kem Gambrell

Journal of Hate Studies

The Pink Triangle is a symbol of collective memory and meaning for two very different, but similarly marginalized groups: gay male prisoners held in concentration camps in Nazi Germany, and the modern LGBTQAI+ (lesbian, gay, bisexual, transgender, queer/questioning, asexual/allied and intersexed) community. Since the liberation of the Nazi concentration camps in the mid 1940’s, many memorials to the Holocaust, as well as several for the Pink Triangle victims have sprung up around the world. While there are a number of reasons for these memorials, one premise is that these monuments serve as a way to create a collective memory, with …

Ministering To Other People's Fears: Effects Of Anti-Muslim Hostility On American Muslim Participation In Public Life, Caleb Elfenbein

Journal of Hate Studies

This article explores the manifestations and effects of anti-Muslim hostility in the United States, asking how anti-Muslim hostility affects the nature of American Muslim participation in public life. It argues that cultural trauma among American Muslim communities, resulting from an expectation of routine harm, conditions the nature of participation in public life undertaken by many American Muslims. Drawing on original datasets documenting anti-Muslim hostility and outreach efforts undertaken by American Muslim communities, we can see that ministering to non-Muslim fears has become a central element of participation in public life. This burden of “humanization” pushes us to consider central elements …

Mmu: 09/23/19–09/29/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Tabor Hill Winery Tour Tickets
• Free Speech, Same-Sex Marriage, and Anti Discrimination Laws
• CDO Resume Workshop 10
• CDO Mentorship Program Information Session
• CDO Resume Workshop 11
• Daily Commons Menu Specials
• SBA Store Hours
• Daily Mass Schedule
• Education Law Forum Introductory Meetins
• CDO's U.S. Army JAG Info Session
• CO Resume Workshop 12
• STMS Event: "Cardinal Pell's Unsuccessful Appeal–and Reason for Hope"
• Fall Ball 2019 Tickets on Sale
• SCELF Event: USA Gymnastics Counsel, Mark Busby
• Civility: Searching for the Better Angels of our Future
• A Different Kind of Lawyer 10 Years Out
• Legal Observer Training
• Women's Legal Forum …

Native American Religious Freedom As A Collective Right, Michael D. Mcnally

BYU Law Review

No abstract provided.

The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock

BYU Law Review

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

The Santa Clara, 2019-05-09, Santa Clara University

The Santa Clara

No abstract provided.

Clark Memorandum: Spring 2019, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Declaring Human Dignity (Photographs by Steve McCurry)
• How Not to Be Stupid (Michael Mosman)
• Religion, Democracy, and the Habits of the Heart (Elder Bruce C. Hafen)
• Loving Our Neighbors (D. Carolina Núñez)
• Memoranda

The Unsung Hero Character: A Harbinger Device Of Misfortune, Eutimio Talavera

Electronic Theses and Dissertations

This thesis introduces an obscure storytelling device, The Unsung Hero character, as one way of examining how movies function as stories. This character is often overlooked, as it frequently cloaks its idiosyncrasies, thus it lacks any apparent signs of internal conflict. This analysis foregrounds the character’s overall functionality, found only in rare instances and typically in the story of a movie. With effective implementation in a story, as a functional harbinger device, brief appearances of The Unsung Hero character demonstrate flashpoints or disclosures of a forthcoming misfortune in the story. This movie analysis shows how The Unsung Hero character functions …

When Research Is Relational: Supporting The Research Practices Of Indigenous Studies Scholars, Danielle Cooper

Copyright, Fair Use, Scholarly Communication, etc.

In 2017 Ithaka S+R launched a project to explore the changing research methods and practices of Indigenous Studies scholars across Canada and the US with the goal of identifying services to better support them in ways that are also beneficial to Indigenous communities more broadly. The project was undertaken by a cohort of research teams at 11 academic libraries with guidance from a group of advisors comprised of Indigenous scholars and librarians. Each research team in the cohort developed findings and next steps based on their local research engaging with Indigenous Studies scholars at their own institutions (listed in Appendix …

Who Is Baby Girl? A Philosophical Discussion Of The Legal Obligation To Define Authenticity, Madison Hayes

Honors College Theses

In the later twentieth century, American law attempted to address legacies of unjust treatment of Native Americans though legislation like the Indian Child Welfare Act, which requires considering Native American identity in child custody decisions. This created some complex legal questions about exactly what constituted Native identity. The Supreme Court case, Adoptive Couple v. Baby Girl, exposed a number of problems that arose from determining authentic tribal identity. To offer a more precise analysis of the problem of identity in American law, I will engage in philosophical investigations into the nature of authenticity, bringing in the work of the …

The Martin Institute Prints, Spring 2019, Stonehill College Martin Institute

The Martin Institute: Prints

No abstract provided.

The Santa Clara, 2019-02-14, Santa Clara University

The Santa Clara

No abstract provided.

The Role Of Women Entrepreneurs In Rebuilding A Nation: The Rwandan Model, Karen E. Woody

Scholarly Articles

This Article contributes to the literature by analyzing the normative shifts within the country's institutions, both pre- and post-genocide, and observes the role of women in restructuring the institutions as a major factor in the success that Rwanda enjoys today. By prioritizing gender equality in the recreation of its legal and economic structures, Rwanda is able to leverage the talents and capabilities of its entire population, and provides a model that can be applied to a number of other countries.

Part I details the historical underpinnings of the Rwandan genocide and humanitarian crisis. Part II addresses the efforts to establish …

John The Theologian: Towards Integrating Law And Religion, Gordon Butler

Intercultural Human Rights Law Review

Every dean leaves an impact on the law school they serve and its faculty. St. Thomas Law Dean Makdisi supported and encouraged Professor Siegfried Wiessner's effort in creating an LL.M. program in Intercultural Human Rights. While others will laud his many accomplishments as dean in the J.D. program, his impact on the religious heritage and Catholic mission of St. Thomas Law was greatest in the LL.M. program.

Litigation, Liberty, And Legitimation: The Experience Of The Church Of Scientology In Australian Law, Bernard Doherty, James T. Richardson

Law Papers and Journal Articles

Freedom of religion, the paradigm of freedom of conscience, is of the essence of a free society. The chief function in the law of a definition of religion is to mark out an area within which a person subject to the law is free to believe and to act in accordance with his belief without legal restraint.