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Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Vol. 31, No. 06 (October 2, 2006)

Indiana Law Annotated

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Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman

Cardozo Law Review

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Text, Tradition, And Reason In Comparative Perspective: An Introduction, Adam Seligman, Suzanne Last Stone

Cardozo Law Review

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Rabbinic Contestations Of Authority, Christine Hayes

Cardozo Law Review

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Church-State Relations In The European Court Of Human Rights, Carolyn Evans, Christopher A. Thomas

BYU Law Review

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Religious Freedom And Human Rights In South Africa After 1996: Responses And Challenges, Cornel W. Du Toit

BYU Law Review

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Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article uses the example of international women's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose important …

Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle

Indiana Journal of Global Legal Studies

In this article, I describe and analyze three principles of First Amendment doctrine. First, the Establishment Clause generally forbids governmental expression that has the purpose or effect of promoting or endorsing religion. Second, and conversely, private religious expression is broadly defined and is strongly protected by the Free Speech Clause. Third, as an implicit exception to the first principle, the government itself is sometimes permitted to engage in expression that seemingly does promote and endorse religion, but only when the expression is noncoercive, nonsectarian, and embedded within (or at least in harmony with) longstanding historical tradition. Comparing these three principles …

Comparing Religions, Legally, Winnifred Fallers Sullivan

Washington and Lee Law Review

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Law Review Digests

The Journal of Law and Education

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Law In The Cultivation Of Hope, Kathryn R. Abrams, Hila Keren

ExpressO

In recent years scholars have begun to question the longstanding dichotomization of (legal) reason and the passions, and have offered significant understanding of the connection of law and the emotions. Much of this work, however, has been done within a fairly narrow ambit. This Article seeks to broaden this scholarship in two ways. First, it points to an unexplored relation between law and the emotions: the role of law in cultivating the emergence of emotions. And second, it moves beyond the negative emotions, and directs attention to positive emotions and their interplay with the law outside the criminal context. Following …

Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions, Michael Kent Curtis

ExpressO

Some invoke the legacy of Abraham Lincoln to justify largely unchecked executive power which in times of war trumps constitutional limits and guarantees of liberty. This article suggests that the Lincoln model is a poor one to follow: because some of his actions were inconsitent with democratic government, because the administration invoked the doctrine of necessity when many of the cabinet thought no necessity existed, and because in the end, Lincoln himself refused to follow his logic to its inevitable conclusion. It critiques two article by Michael Paulsen invoking Lincoln to justify largely unchecked executive power.

The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson

Cardozo Law Review

This Article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional law. The legal corpus of Deuteronomy provides a utopian model for the organization of the state, one that enshrines separation of powers and their systematic subordination to a public legal text - the "Torah" - that delineates their jurisdiction while also ensuring their autonomy. This legislation establishes an independent judiciary while bringing even the monarch under the full authority of the law. Deuteronomy's implicit model for a political constitution is unprecedented in legal history. Two of its cornerstones are fundamental to the modern idea …

Reappraising The Nuremberg Trials And Their Legacy: The Role Of Victims In International Law, Yael Danieli

Cardozo Law Review

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Vouchers For Sectarian Schools After Zelman: Will The First Circuit Expose Anti-Catholic Bigotry In The Massachusetts Constitution?, Richard Fossey, Robert Leblanc

ExpressO

In Zelman v. Simmons-Harris, the U.S. Supreme Court ruled that an Ohio voucher program for Cleveland school children does not violate the Establishment Clause even though the program allows participation by sectarian schools. Within days after the Supreme Court released its decision, many of public education’s advocacy groups publicly expressed disappointment in Zelman’s outcome.

Although Zelman settled federal constitutional questions about vouchers, voucher opponents continued fighting in the courts. Much of this post-Zelman litigation involved arguments about the legality of various state constitutional bans against public aid for sectarian education. Scholars have shown that some of these state constitutional provisions—the …

The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.

ILSA Journal of International & Comparative Law

As the immediate aftermath of 9-11 illustrated, war-and the threat of war-brings people in a society closer together as they look for security

Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler

University of Maryland Law Journal of Race, Religion, Gender and Class

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Chapter 673: Addressing The Use Of Steroids And Performance Enhancing Dietary Supplements By High School Athletes, Justin J. Simpson

McGeorge Law Review

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Santa Clara Magazine, Volume 48 Number 3, Winter 2006, Santa Clara University

Santa Clara Magazine

8 - WELCOME HOME, STEVE By Steven Boyd Saum. Basketball superstar Steve Nash '96 comes home to Santa Clara for a unique honor: a ceremony retiring his Bronco jersey. In a convocation address, he tells how Santa Clara changed his life. Now he wants the University to take its mission global.

12 - THE SCHOOL OF HOPE By Martha Ellen Stortz. Scholar and teacher Bill Spohn earned deep affection and the respect of the Santa Clara community in his years directing the Bannan Center for Jesuit Education. When he was stricken with cancer, he and his wife, Marty Stortz, looked …

Reconciling The Right Of Return With Shari'a In Gaza, Corinne Souad Aftimos

University of Miami Business Law Review

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Economics As A Science: Robert Nelson's Economics As Religion, Thomas S. Ulen

Case Western Reserve Law Review

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Why Are Competitor's Advertising Links Displayed When I Google My Product? An Analysis Of Internet Search Engine Liability For Trademark Infringement, 5 J. Marshall Rev. Intell. Prop. L. 431 (2006), Isaiah A. Fishman

UIC Review of Intellectual Property Law

Traditional federal trademark law is being challenged in the current case of Google v. AmericanBlind. When internet issues clash with trademark infringement, courts are often faced with the dangerous task of either refusing to stretch not specifically internet tailored trademark law to grant remedy to a perceived wrong or refusing to grant remedy because of the chilling effect the remedy may have on traditional trademark. By analyzing the history of trademark law in relation with internet issues, focusing on domain name cases, pop-up advertising cases, and search engine cases, it becomes clear that specific congressional action is the most viable …

Control, Co-Optation And Co-Operation: Managing Religious Harmony In Singapore's Multi-Ethnic, Quasi-Secular State, Li-Ann Thio

UC Law Constitutional Quarterly

The governors of a multi-ethnic, multi-religious state which is based on political authority derived from secular laws, rather than theocratic mandate, are aware of the paradoxical quality of Religion as a force for peace and conflict. Indeed, the root word re (to bind) legare (what is broken) suggests that Religion is something which is redemptive in its healing quality. However, pragmatism informed by history reveals the need to maintain ethnic and religious cohesion as religious conflicts can tear plural societies apart. Religion is too potent a force to disregard or attempt to coercively eliminate, in a manner reminiscent of totalitarian …

How Community Institutions Create Economic Advantage: Jewish Diamond Merchants In New York, Barak D. Richman

Faculty Scholarship

This paper argues that Jewish merchants have historically dominated the diamond industry because of their ability to reliably implement diamond credit sales. Success in the industry requires enforcing executory agreements that are beyond the reach of public courts, and Jewish diamond merchants enforce such contracts with a reputation mechanism supported by a distinctive set of industry, family, and community institutions. An industry arbitration system publicizes promises that are not kept. Intergenerational legacies induce merchants to deal honestly through their very last transaction, so that their children may inherit valuable livelihoods. And ultra-Orthodox Jews, for whom participation in their communities is …

The Growth Of Chabad In The United States And The Rise Of Chabad Related Litigation, Louis Reinstein

Nova Law Review

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Can Parachurch Organizations Hire And Fire On The Basis Of Religion Without Violating Title Vii?, Thomas M. Messner

University of Florida Journal of Law & Public Policy

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Friendship & The Law, Ethan J. Leib

Faculty Scholarship

This Article's central argument is that the law needs to do a better job of recognizing, protecting, respecting, and promoting friendships. The law gives pride of place to other statuses--family and special professional relationships are obvious ones--but the status of the friend is rarely relevant to legal decisionmaking and public policymaking in a consistent way. After defining the concept of the friend, I offer a normative argument for why the law should promote a public policy of friendship facilitation and for why the law ignores friendships only at its peril. I highlight how the law already finds friendship relevant in …

Federalism And Faith, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

Should the U.S. constitution afford greater discretion to states than to the federal government in matters affecting religion? In recent years, a number of commentators have been asserting that the Establishment Clause should not apply to the states. Justice Thomas has embraced this view, while offering his own refinements to it. Moreover, the Supreme Court's decision in Locke v. Davey (2004) ruled that a state did not run afoul of the Free Exercise Clause when it refused to subsidize religious studies, in a context in which the Establishment Clause would have permitted the subsidy.

This paper offers a focused (re)consideration …

Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler

Faculty Scholarship

The current state of religion in the nation's public schools is odd indeed. On the one hand, the courts have consistently held that public school teachers may not lead their students in an organized prayer. Yet on the other hand, most people seem to agree that there is no problem with those same teachers leading their students in the Pledge of Allegiance, an exercise that asks students on a daily basis, not only to explicitly recognize the existence of a single god, but also to link the nation's very identity to that highly contested theological proposition. Likewise, despite the fact …