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Lawyers And The Atonement, Thomas B. Griffith

Vol. 1: Answering God's Interrogatories

This BYU–Hawaii Presidential Lecture was given in Laie, Hawaii on March 23, 2000.

Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger

Court Review: Journal of the American Judges Association

The judicial decision-making process is not one for which resolution arises from counting, measuring, or weighing. Rather, the courtroom is a field for debate about the interpretation and application of values as embodied in or reflected by the law. Decisions reached in court are judgments and not mathematical conclusions in that the inherently contestable nature of the issues at stake precludes an outcome that is selfevident to all. As such, although there is an element of factfinding that emerges in a judicial opinion, there is also always a subjective valuation of the principles at stake; to draw on Socrates, there …

Speculating A Strategy: Suing Insurance Companies To Obtain Legislative Reparations For Slavery, Paige A. Fogarty

Connecticut Insurance Law Journal

No abstract provided.

Vol. 23, No. 01 (August 26, 2002)

Indiana Law Annotated

No abstract provided.

Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith

BYU Law Review

No abstract provided.

Religion, Church, And State In The Post-Communist Era: The Case Of Ukraine (With Special References To Orthodoxy And Human Rights Issues), Victor Yelensky

BYU Law Review

No abstract provided.

Toward An Ethical School, Stephan Millett

Center for the Study of Ethics in Society Papers

Paper presented for the Center of the Study of Ethics in Society Western Michigan University, January 22, 2002.

The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin

UF Law Faculty Publications

This Article proposes that introducing mindfulness meditation into the legal profession may improve practitioners' well-being and performance and weaken the dominance of adversarial mind-sets. By enabling some lawyers to make more room for - and act from - broader and deeper perspectives, mindfulness can help lawyers provide more appropriate service (especially through better listening and negotiation) and gain more personal satisfaction from their work.

Part I of this article describes a number of problems associated with law school and law practice. Part II sets forth a variety of ways in which lawyers, law schools, and professional organizations have tried to …

The Ethical Canary: Science, Society, And The Human Spirit, By Margaret Sommerville, Alfred C. Aman, Yvonne Cripps, Roger B. Dworkin, David Smith, George P. Smith Ii

Indiana Journal of Global Legal Studies

No abstract provided.

Religion, Politics, And The 2000 Presidential Election: A Selective Survey And Tentative Appraisal, Daniel O. Conkle

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

William & Mary Law Review

No abstract provided.

Academic Freedom In Times Of Turmoil, Petr Kolar

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University November 5, 2001.

The Business Of Baseball: The Antitrust Exemption, Sophie Jacobi

Loyola Consumer Law Review

No abstract provided.

Nothing Is Written: Fundamentalism, Revivalism, Reformism And The Fate Of Islamic Law, Hamid M. Khan

Michigan Journal of International Law

Part of any Muslim's effort to return to their religious past usually involves an invocation of Islamic law, or what has been termed the Shari'ah. This Note intends to cursorily examine Islamic law-where it was, and where it is going. More specifically, this Note will examine a growing fracture within the Islamic community and how a fissure among so-called fundamentalists will ultimately influence an understanding of Islamic law.

From The Paper Chase To The Digital Chase: Technology And The Challenge Of Teaching 21st Century Law Students, 43 Santa Clara L. Rev. 1 (2002), Rogelio A. Lasso

UIC Law Open Access Faculty Scholarship

No abstract provided.

From The Paper Chase To The Digital Chase: Technology And The Challenge Of Teaching 21st Century Law Students, Rogelio Lasso

Santa Clara Law Review

No abstract provided.

Preface, George Critchlow

Journal of Hate Studies

The Gonzaga Institute for Action Against Hate was founded by Gonzaga University in 1998 to fight hate through education, research, and advocacy. Its genesis derived from concerns surrounding the apparent increase in the phenomenon of hate—especially racial and religious hate—as it manifested itself on campuses and in communities throughout the country. The prevalence of hate crimes, organized hate groups, and hateful Internet sites prompted the University community to reflect upon ways that Gonzaga—a Jesuit institution —might provide a more enduring and substantive contribution to the understanding of how hate afflicts campus life, community life, society in general, and the world. …

Storm Clouds On The Horizon Of Darwinism: Teaching The Anthropic Principle And Intelligent Design In The Public Schools, Jeffrey F. Addicott

Faculty Articles

Professor Addicott’s article addresses the future legal ramifications that the fledgling intelligent design movement and the scientific concept known as the Anthropic Principle will have on the teaching of Darwinian evolution in public schools. Both ideas are associated with the concept that an “unnamed” intelligent designer is responsible for the creation and sustainment of life. Predicting that the Supreme Court will ultimately allow, for instance, school boards to incorporate intelligent design in the science curriculum, he believes neither of the two ideas violate the Establishment Clause and cannot be “dismissed as yet another back door attempt by creationists to get …

From The Courtroom To The Street: Court Orders And Section 1983, Sheldon Nahmod

UC Law Constitutional Quarterly

Using a seriously questionable Eighth Circuit decision as a foil but going well beyond it, Professor Nahmod argues that absolute quasi-judicial immunity from section 1983 damages liability should only protect law enforcement officers and others whose challenged conduct is prescribed by presumptively valid court orders. In contrast, neither absolute nor qualified immunity should protect law enforcement officers and others who follow presumptively invalid judicial orders (a "Nuremberg following-orders" defense issue). Furthermore, quasi-judicial immunity should not protect law enforcement officers and others whose allegedly unconstitutional conduct is not prescribed by presumptively valid court orders; qualified immunity is more than adequate to …

Beyond Interpretation, Pierre Schlag

Publications

No abstract provided.

The Cultural Life Of Capital Punishment: Surveying The Benefits Of A Cultural Analysis Of Law, Reviewing Austin Sarat, 'When The State Kills: Capital Punishment And The American Condition', Paul Schiff Berman

GW Law Faculty Publications & Other Works

Austin Sarat's 'When the State Kills' seeks to explore the interrelationship between capital punishment and American culture. Utilizing scholarly approaches drawn from sociology, literary criticism, cultural studies, and political science, Sarat illuminates the ways in which the official legal regime of capital punishment creates, reflects, and reinforces broader cultural attitudes about crime and punishment. Moreover, he argues that the destructive long-term cultural consequences of the death penalty provide a reason for abolition over and above any criminological or doctrinal arguments against the practice.

Thus, 'When the State Kills' not only offers a powerful intervention in the ongoing death penalty debate, …

Framing The Public Square, Jay D. Wexler

Faculty Scholarship

For at least the past decade or so, law-and-religion scholars have vigorously debated the issue of whether it is proper for American citizens to rely on religious reasons when talking about and reaching decisions on issues of public concern, including law. Those who argue that religion should be kept out of such decisionmaking and discourse contend that reliance on religious reasons: (1) violates principles of separation of church and state, (2) unfairly excludes nonbelievers from meaningful participation in public discourse, (3) creates unacceptable divisiveness, and (4) risks the domination of Christian beliefs in public discourse to the detriment of religious …

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

Faculty Scholarship

Although law and religion scholars have long argued about whether American culture marginalizes religious belief, many important indicators suggest that religion indeed plays a prominent role in contemporary American life. America is an extremely religious nation. Polls consistently show that about ninety percent of Americans continue to believe in God, and both church attendance and membership remain at high levels. This religiosity, moreover, spills out into the public square. A great many Americans rely on religious reasons when thinking and talking about public issues. Ninety percent of the members of Congress, by one report, consult their religious beliefs when voting …

Book Review. Teaching Legal Research And Providing Access To Electronic Resources (Gary L. Hill, Et. Al., Eds.), Peter A. Hook

Articles by Maurer Faculty

No abstract provided.

Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh

William & Mary Bill of Rights Journal

The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …

Vol. 21, No. 05 (September 24, 2001)

Indiana Law Annotated

No abstract provided.

A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru

Buffalo Public Interest Law Journal

No abstract provided.

Assessing Nagpra: An Analysis Of Its Success From A Historical Perspective, Mary Lynn Murphy

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Vol. 10, No. 1 (Summer 2001)

Alumni Update

No abstract provided.

The Framers' Establishment Clause: How High The Wall?, J. Clifford Wallace

BYU Law Review

No abstract provided.