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Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle

Articles by Maurer Faculty

In this Essay, I recount John Locke’s 1689 Letter Concerning Toleration and explain how religious liberty continues to rest on Lockean and related justifications. These various justifications depend in part on religious-moral reasoning (both Christian and non-Christian) and in part on political-pragmatic considerations. I then discuss recent and ongoing developments in the American religious landscape, including a radical increase in religious diversity, the modernization of traditional faiths, the individualization or "spiritualization" of religion, and the increasing secularization of individual belief structures. I suggest that these developments, over time, may seriously threaten the underlying religious-moral and political-pragmatic foundations of religious liberty …

The Ability To Claim And The Opportunity To Imagine: Rights Consciousness And The Education Of Ultra-Orthodox Girls, Shulamit Almog, Lotem Perry-Hazan

The Journal of Law and Education

No abstract provided.

Spring 2011 Magazine

Ergo

No abstract provided.

Conference Program -- Association For The Study Of Law, Culture, & The Humanities 14th Annual Conference, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Association for the Study of Law, Culture, & the Humanities 14th Annual Conference

The UNLV William S. Boyd School of Law hosted the Association for the Study of Law, Culture & the Humanities 14th Annual Conference from March 11-12, 2011. The Association brings together more than 275 interdisciplinary scholars from around the world each year to discuss law and legal issues from a broad perspective. Scholars attended the meeting at UNLV from Australia, Canada, England, Ireland, Italy, New Zealand and Sweden. The theme of the conference, drawing on the work of Nan Seuffert of the University of Waikato, was "Boundaries and Enemies."

The Association for the Study of Law, Culture and the Humanities …

Underneath The Radar: The Impact Of Same-Sex Sexuality And Secularism On Education In South Africa, Marius H. Smit

Brigham Young University Education and Law Journal

No abstract provided.

The Signaling Function Of Religious Speech In Domestic Counterterrorism, Aziz Huq

Public Law and Legal Theory Working Papers

A wave of attempted domestic terrorism attacks in 2009 and 2010 has sharpened attention to the threat of domestic-source terrorism inspired or directed by al Qaeda. Seeking to preempt that terror, governments face an information problem. They must separate signals of terrorism risk from potentially overwhelming background noise and persuade juries or fact finders that those signals warrant coercive action. Selection of accurate signals of terrorism danger in the information-poor circumstances of domestic counterterrorism is arguably a central challenge today for law enforcement tasked with preventing further terrorist attacks. To an underappreciated extent, governments have used religious speech as a …

How To Judge Shari'a Contracts: A Guide To Islamic Marriage Agreements In American Courts, Nathan B. Oman

Faculty Publications

This Article thus has two goals. The first is to show how the Muslim conception of marriage diverges from the Christian-influenced norms that dominate American law and society. Understanding this divergence provides a necessary background to Islamic mahr contracts. The second goal is to provide lawyers and judges with a doctrinal framework within our current law for analyzing these contracts and reaching sensible results in concrete cases.

Santa Clara Magazine, Volume 52, Number 3, Winter 2010, Santa Clara University

Santa Clara Magazine

14 - GOOD LIT By Alicia K. Gonzales '09 and Steven Boyd Saum. It's time to light 10 candles on the birthday cake for SCU's California Legacy Series. To date: 43 books, 500 radio broadcasts, and a handful of movies. What's next? Something big.

16 - SHAPING THE FUTURE by Adolfo Nicolas, S.J. What can Jesuit universities do-together-to make the world a more humane, just, and sustainable place? It starts with imagination, an unequaled global network, and a conference in Mexico City- where Jesuit Superior General Adolfo Nicolas takes stock of challenges to Jesuit higher education today.

24 - A …

Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert C. Blitt

Scholarly Works

The government of Russia and the Russian Orthodox Church (ROC) - the country’s predominant religious group - recently underwent back-to-back changes in each institution’s respective leadership. This coincidence of timing has afforded a unique opportunity to reexamine the status of constitutional secularism and church-state relations in the Russian Federation.

In the short space of two years, the partnership of President Dmitri Medvedev and Patriarch Kirill has further entrenched a discriminatory three-tiered status system for religious groups and - perhaps more significantly - has generated multiple new channels of influence for the ROC in Russian social and political life, including handing …

The New American Civil Religion: Lesson For Italy, Andrew Koppelman

Faculty Working Papers

American civil religion has been changing, responding to increasing religious plurality by becoming more abstract. The problem of increasing plurality is not only an American one. It is also presented in Italy, where civic identity has been centered around a Catholicism that is no longer universal. Perhaps Italy has, in this respect, an American future.

Santa Clara Magazine, Volume 53 Number 1, Summer 2011, Santa Clara University

Santa Clara Magazine

18 - WHAT DO INVESTORS REALLY WANT? By Meir Statman. A renowned behavioral finance expert reveals how our desires shape our actions when it comes to investing. (Hint: It's not just money that we're after.)

20 - LAW AT 100. A century of legal education at SCU. See snapshots from across the years-and look at the big picture of how the legal landscape has changed

22 - THE BIG IDEA!: Michael S. Malone '75, MBA '77 on Silicon Valley high tech gold and a brief history of intellectual property law.

24 - WOMEN'S WORK: Stephanie M. Wildman on jobs, the …

Santa Clara Magazine, Volume 53 Number 2, Fall 2011, Santa Clara University

Santa Clara Magazine

18 - CHANGE THE WORLD. OR AT LEAST HOW YOU SEE IT. Edited by John Deever and Steven Boyd Saum. The U.S. Peace Corps turned 50 this year, with more than 340 Santa Clara grads (and faculty and staff) having served as volunteers over the years. A few of them recount their time in-country-and where it's taken them.

26 - HOW CAN YOU DEFEND THOSE PEOPLE? by Steven Boyd Saum. Public defenders on the Homicide Task Force in Chicago have heard that question time and again. Between them, Robert Strunck '76 and Crystal Marchigiani '78 have some 40 years on …

The Idealist Discourse Of Legal Professionalism In Maryland: Delineating The Omissions And Eloquent Silences As A Progressive Critique, Kez U. Gabriel

University of Baltimore Law Forum

No abstract provided.

Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert C. Blitt

Scholarly Works

As 2012 presidential elections in Russia draw near, evidence points to a collapse in that country’s constitutional obligation of secularism and state-church separation. Although early signs of this phenomenon can be traced back to the Yeltsin era, the Putin and Medvedev presidencies have dealt a fatal blow to secular state policy manifested both at home and abroad, as well as to Russia’s constitutional human rights principles including nondiscrimination and equality of religious beliefs.

The first part of this article argues that leadership changes in the Russian government and the Russian Orthodox Church (ROC) have triggered an unprecedented deepening of state-ROC …

The Unexamined Faiths And The Public Place Of Religion: Emerging Insights From The Law, I Benson

Law Papers and Journal Articles

The article examines certain key terms, such as “beliefs” and “faith” and how these are understood in relation to the public sphere. It examines some writings of recent popularist authors such as Richard Dawkins and Christopher Hitchens, and is critical of the authors’ claims that they do not have faith or beliefs. Drawing on legal decisions in Canada and South Africa the article suggests that this sort of terminological looseness has legal and political implications when it comes to whether or not beliefs of all sorts (religious and non-religious) are treated fairly in the public sphere. Arguing for a more …

The Signaling Function Of Religious Speech In Domestic Counterterrorism, Aziz Huq

Articles

A wave of attempted domestic terrorism attacks in 2009 and 2010 has sharpened attention to the threat of domestic-source terrorism inspired or directed by al Qaeda. Seeking to preempt that terror, governments face an information problem. They must separate signals of terrorism risk from potentially overwhelming background noise and persuade juries or fact finders that those signals warrant coercive action. Selection of accurate signals of terrorism danger in the information-poor circumstances of domestic counterterrorism is arguably a central challenge today for law enforcement tasked with preventing further terrorist attacks. To an underappreciated extent, governments have used religious speech as a …

Book Review Of The Leading Rogue State: The U.S. And Human Rights, Omar Shaukat

Societies Without Borders

No abstract provided.

Better Late Than Never: How The Online Advertising Industry’S Response To Proposed Privacy Legislation Eliminates The Need For Regulation, Catherine Schmierer

Richmond Journal of Law & Technology

Although Julie Matlin liked the shoes she saw on Zappos.com, she ultimately left the site without purchasing them. However, it was not the last time she would see that pair of shoes. For the next several days, the shoes followed Ms. Matlin to numerous other websites. “It was as if Zappos had unleashed a persistent salesmen who wouldn’t take no for an answer.” Understandably, Ms. Matlin found this “online stalking” disturbing, but she was more troubled when ads for her online dieting service started following her as well. She stated, “They are still following me around, and it makes me …

The Reenchantment Of Law, Yishai Blank

Cornell Law Review

No abstract provided.

Whose Constitution Is It Anyway - The Executives' Discretion To Defend Initiatives Amending The California Constitution, Jeremy Zeitlin

UC Law Constitutional Quarterly

The decision of then Governor Arnold Schwarzenegger and Attorney General Jerry Brown to refuse to appeal the United States District Court's findings in Perry v. Schwarzenegger, striking down Proposition 8 as unconsitutional, was a bare assertion of executive power. Although plainly contrary to the will of the majority of the electorate who implemented Proposition 8, the Governor and Attorney General's decision was lawful because it stemmed from the wide discretionary powers that the California Constitution and the Government Code grant to the state's executive officers. Instead, the only check to the particular manner executives wield their discretionary authority is the …

Key Theoretical Issues In The Interaction Of Law And Religion: A Guide For The Perplexed, Benjamin Berger

Articles & Book Chapters

There is perhaps no more important access point into the key issues of modern political and legal theory than the questions raised by the interaction of law and religion in contemporary constitutional democracies. Of course, much classical political and moral theory was forged on the issue of the relationship between religious difference and state authority. John Locke’s work was directly influenced by this issue, writing as he did about the just configuration of state authority and moral difference in the wake of the Thirty Years’ War. Yet debates about the appropriate role of religion in public life and the challenges …

The Why In Diy Book Scanning, Daniel Reetz

NYLS Law Review

No abstract provided.

Government-Sponsored Religious Displays: Transparent Rationalizations And Expedient Post-Modernism, Douglas Laycock

Case Western Reserve Law Review

No abstract provided.

Speech Platforms, Abner S. Greene

Case Western Reserve Law Review

No abstract provided.

Nonbelievers, Nelson Tebbe

Faculty Scholarship

No abstract provided.

Introduction, John Shuford

Journal of Hate Studies

On behalf of the Gonzaga University Institute for Hate Studies and the Journal of Hate Studies, it is our pleasure to offer Volume 9 of the Journal. Herein readers will find a collection of eleven articles, a special interview with a recent Nobel Peace Prize nominee, and a remembrance of a woman whose life and work helped inspire the field of Hate Studies.

The present volume includes selected proceedings from the Second International Conference on Hate Studies, which took place April 6-9, 2011 in Spokane, Washington. These articles exemplify the conference’s theme of “Interdisciplinary Approaches to Understanding the Nature of …

Genocidal Religion, Steven Leonard Jacobs

Journal of Hate Studies

There is no more egregious hateful behavior than that of genocide. There is no more uncomfortable thought than that of religion as a participating factor in the perpetration of genocide, though religious studies scholars come late to any discussion of genocide. This paper, an initial foray into a much longer and more in-depth book-length project, and whose author is desirous of collegial feedback ([email protected]), is a preliminary conversation addressing four precipitating factors: (1) tribalism, (2) religious exclusivism, (3) privileged access to the divine, and (4) a particularistic and parochial reading of sacred texts. It will also attempt, by way of …

Tibetan Refugees' Rights And Services In India, Claudia Artiles

Human Rights & Human Welfare

The Chinese invasion of Tibet, and the Dalai Lama’s subsequent decision to flee in 1959, resulted in the mass influx of Tibetan refugees into India that continues today. It has become clear to the Indian government, as well as to the Tibetan community in exile, that repatriation is unlikely in the near future. Consequently, an evaluation of India’s protection of, and assistance for Tibetan refugees is necessary to ensure their treatment is in accordance with international standards. Unfortunately, such an assessment shows that there is a lack of proper protections and services; this ought to be of particular concern to …

Richmond Law Magazine: Winter 2011

Richmond Law Magazine

Features:

Putting the Law to Work

Environment for Growth

The Price of Pleasure

For the Public Good

Justice Souter On Government Speech, Sheldon Nahmod

BYU Law Review

No abstract provided.