Digital Commons Network^™

Hobby Lobby: The Crafty Case That Threatens Women's Rights And Religious Freedom, Leslie C. Griffin

Scholarly Works

Despite the pro-religion rhetoric surrounding it, Hobby Lobby marks a loss of religious freedom. Missing from the majority's opinion is the core concept that religious freedom is necessary to protect the rights of all Americans, and that a religious belief must not be imposed on citizens through the force of law. Any interpretation of the First Amendment or the Religious Freedom Restoration Act ("RFRA")' that imposes one citizen's religious faith upon another must be rejected. This Article defends this non-imposition model of religious freedom and describes why and how Hobby Lobby incorrectly departed from it.

Transnationalizing Comparative Law, Ralf Michaels

Faculty Scholarship

Comparative law will not die in the 21st century, but nor can it remain unchanged. Comparative law as we have it today still retains its roots in 1900: it is focused on states, on positive law, and on a scientific approach. Comparative law in the age of transnationalism will have to transnationalize: it must move beyond the state, it must move beyond positive law, and it must endorse cultural approaches. We must retain our critique of legal nationalism, but we must add our critique of uncritical legal universalism.

Social Media, Sharing, And Intellectual Property Law, Leah Chan Grinvald

Scholarly Works

No abstract provided.

Latino Catholicism And Indigenous Heritage As A Subfield Of Latino Studies: A Critical Evaluation Of New Approaches, Elizabeth C. Martinez Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Posed through critical theory on "third-space," and a brief history of Latin American Studies, this article pursues analysis of recent interdisciplinary scholarship in English, to delineate the emergence of a new subfield in Latina/o Catholicism, connected to greater understanding of Indigenous legacy. The article also demonstrates the path of study toward creation of a themed academic issue.

Quasi-Rights For Quasi-Religious Organizations: A New Framework Resolving The Religious-Secular Dichotomy After Burwell V. Hobby Lobby, Krista M. Pikus

Notre Dame Law Review Reflection

This Comment aims to break free of the limiting religious-secular dichotomy by proposing a “quasi-religious” classification in order to achieve a more nuanced assignment of corporate religious exercise rights. Part I addresses the current legal standard for classifying organizations as religious and how the Hobby Lobby decision engaged that standard. Part II identifies and discusses the problems with the religious-secular dichotomy. Lastly, Part III proposes a new solution to the problem of corporate religious exercise rights that transcends the limitations of the religious-secular dichotomy and may also bring clarity to the Hobby Lobby decision.

Why Distinguish Religion, Legally Speaking?, Winnifred Fallers Sullivan

San Diego Law Review

Law professors commonly answer this critique by scholars of religion, as Andrew Koppelman does, with the comment that, after all, any ambiguity in definition only arises in a few cases. Most of the time the reference is obvious, he says. Moreover, he insists, it has worked fine for all those for whom it should work. But that is the problem—its very obviousness. The problems of exclusion are largely invisible. The reference is so obvious to many and so obviously inclusive of those who are deserving that there is no way to have a conversation about it without the conversation devolving …

Faculty Research Interest Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

Tsu Faculty Publication Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

2014 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Clinics News, page 14

Faculty Briefs, page 15

A Conversation with the New Vice Dean, page 20

Game On, page 22

Life in the Box, page 38

Richard Weisberg, page 44

Conviction, page 50

Global Lawyering, page 56

Student Briefs, page 60

Alumni News & Class Notes, page 64

Advancement News, page 74

In Memoriam, page 79

End Note, page 80

The Santa Clara, 2014-09-25, Santa Clara University

The Santa Clara

No abstract provided.

Marriage Solemnization And The First Amendment's Neutrality Principle: Who May Solemnize A Marriage?, Claudia Cortes

Seventh Circuit Review

The most fundamental principle of the Establishment Clause is government neutrality towards religion. Pursuant to this principle of neutrality, the government may accommodate religious beliefs, but it can neither prefer religion over non-religion nor favor certain religious beliefs. In most states, a marriage does not become legal upon the state's mere issuance of a marriage license. Instead, marriage solemnization is required to create a legally recognized marriage. Marriage solemnization refers to a ceremony or a ritual by which two individuals take on their new status as husband and wife as well as to the set of procedures that must be …

Santa Clara Magazine, Volume 55 Number 4, Summer 2014, Santa Clara University

Santa Clara Magazine

20 - A DAY WITH THE DALAI LAMA photos by Charles Barry, Noah Berger, and Michael Collopy . Close-ups and long views from the spiritual leader’s Feb. 24 visit.

24 - THE CATHOLIC WRITER TODAY by Dana Gioia. The poet, critic, and former chairman of the National Endowment for the Arts argues that Catholic writers must renovate and reoccupy their own tradition. At stake: the diversity and vitality of the American arts.

38 - OUR STORIES AND THE THEATRE OF AWE an interview with Marilynne Robinson. The Pulitzer Prize–winning writer speaks with Editor Steven Boyd Saum about grace, discernment, and …

June 13, 2014: The New Spirituality, Bruce Ledewitz

Hallowed Secularism

Blog post, “The New Spirituality“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Commidifying "Islamic Law" In The U.S. Legal Academy, Lena Salaymeh

Journal of Legal Education

No abstract provided.

Boyd Briefs - Apr. 17, 2014, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

The Santa Clara, 2014-04-17, Santa Clara University

The Santa Clara

No abstract provided.

Vol. 46, No. 11 (April 7, 2014)

Indiana Law Annotated

No abstract provided.

Santa Clara Magazine, Volume 55 Number 3, Spring 2014, Santa Clara University

Santa Clara Magazine

18 - RADIANT HOUSE by Steven Boyd Saum and Heidi Williams ’06. Building a house for the 2013 Solar Decathlon. That, and changing the world.

22 - AMÉRICAS CUISINE by Holly Beretto. Telling a delicious tale of food and family with chef David Cordúa ’04. 26 - Lessons from the field by Reinhard Cate ’07. Taut and tranquil moments in Afghanistan—an essay inwords and images.

30 - INSIDE UKRAINE’S REVOLUTION by Steven Boyd Saum. Along the road to crisis: hope, despair, and a Q&A with writer Andrey Kurkov.

34 - DECIDE WHO WE ARE by Steven Boyd Saum and John …

The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni

Chicago-Kent Law Review

This Article examines the ways in which one of the most established human rights courts—the European Court of Human Rights—encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court’s attentiveness to internal group diversity by scrutinizing the objective filters that the Court employs to determine whether certain practices “count” as a manifestation of claimants’ religion for legal purposes. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of more lived experiences of religion and internal group diversity. The Article further …

Doctoring Discrimination In The Same-Sex Marriage Debates, Elizabeth Sepper

Indiana Law Journal

As the legalization of same-sex marriage spreads across the states, some religious believers refuse to serve same-sex married couples. In the academy, a group of law and religion scholars frames these refusals as “conscientious objection” to the act of marriage. They propose “marriage conscience protection” that would allow public employees and private individuals or businesses to refuse to “facilitate” same-sex marriages. They rely on the theoretical premise that commercial actors’ objections to marriage are equivalent to doctors’ objections to controversial medical procedures. They model their proposal on medical conscience legislation, which allows doctors to refuse to perform abortions. Such legislation, …

Curtailing The First Amendment Protection To Discovery, Silvia Durri

Touro Law Review

No abstract provided.

Political Power, A Religious Agenda, And The Failings Of The Endorsement Test: Hasidic Educational Separatism And The East Ramapo School Board, Kathleen Lockwood

First Amendment Law Review

No abstract provided.

The Santa Clara, 2014-01-23, Santa Clara University

The Santa Clara

No abstract provided.

Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz

Ledewitz Papers

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

The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz

Ledewitz Papers

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

Using Critical Pedagogy To Connect Prison Education And Prison Abolitionism, Robert Scott

Saint Louis University Public Law Review

No abstract provided.

Saint Thomas More: Equity And The Common Law Method, William D. Bader

Duquesne Law Review

No abstract provided.

Santa Clara Magazine, Volume 56 Number 1, Fall 2014, Santa Clara University

Santa Clara Magazine

14 - HEARING THE CRY OF THE POOR: The Jesuit martyrs of El Salvador by Ron Hansen M.A. ’95. Their murder in November 1989 marked a turning point in the country’s civil war. What do they have to say to us now?

25 - THE OPEN WINDOW by Lucía Cerna. A first-person account by the housekeeper in the Jesuit community at the University of Central America. She witnessed the killing of six Jesuits by government soldiers, and telling the truth about that night cost her dearly.

29 - WHAT DO YOU STAND FOR? By Mary Jo (Hull) Ignoffo ’78. The …

Santa Clara Magazine, Volume 55 Number 2, Winter 2014, Santa Clara University

Santa Clara Magazine

16 - RISE UP, MY LOVE by Brian Doyle. There are sanctuaries built for worship—and that carry beauty visible to everyone. Then there are the improvised places of faith, more subtle in how they speak to the wonder worked there.

18 - THE CHAPLAIN IS IN THE HOUSE by Jeremy Herb ’08 with Ppotos by Pat Semansky ’08. With the way things have gone recently in Congress, looking to the heavens for some help and guidance might seem like a very good idea. Enter Pat Conroy, S.J., M.Div. ’83.

24 - WELCOME TO CITIZENVILLE by Jim Cottrill. Who published the …

The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz

University of Baltimore Law Review

No abstract provided.