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Articles 1 - 10 of 10
Full-Text Articles in Arts and Humanities
Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen
Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen
All Faculty Scholarship
U.S. courts and policy-makers have recently authorized laws and practices that interfere with the wearing of religious modesty attire that conceals the hair or face in contexts such as courtroom testimony or driver’s license issuance. For example, in response to a court’s dismissal of the case of a woman who refused to remove her niqab in the courtroom, the Michigan Supreme Court decided that judges can exercise “reasonable control” over the appearance of courtroom parties. But what degree of control over religious attire is reasonable? The Constitution will not allow a blanket niqab removal policy based on any of the …
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
When Prayer Trumps Politics: The Politics And Demographics Of Renewable Portfolio Standards, Joshua P. Fershee
Joshua P Fershee
This Article seeks to understand who supports renewable energy mandates (and why) by analyzing a variety trends found in political and socio-economic data by state, as well as by state renewable energy opportunities (or the lack of such opportunities). The review finds little shocking in the way of politics: Democratic states tend to favor mandates and Republican states tend not to have mandates. Somewhat surprisingly, the correlations among states with wind and solar resources (as well as most of the demographic data) ranged from limited to inconclusive. In religion, however, a strong trend developed. The states with higher Catholic populations …
Christian Realism And Immigration Reform, Victor C. Romero
Christian Realism And Immigration Reform, Victor C. Romero
Journal Articles
Drawing upon President Barack Obama’s admiration of Reinhold Niebuhr’s work, this Essay outlines a Protestant, Christian realist approach toward immigration policy, with specific focus on the role of the executive in providing providential leadership. Embracing realism in its political, moral, and theological dimensions, Christian realism offers a pragmatic, yet optimistic, alternative to secular liberalism’s faith in reason by striving instead to adhere to God’s guidance on matters, taking into account the fundamentally flawed nature of man. The specific policy prescriptions described here mirror the twin virtues of Christian realism by promoting the hope in pursuit of the peaceable kingdom and …
And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg
And The Ban Plays On…For Now: Why Courts Must Consider Religion In Marriage Equality Cases, Matthew E. Feinberg
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi
Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Truth And Consequences: Mitt Romney, Proposition 8, And Public Reason, Frederick Mark Gedicks
Truth And Consequences: Mitt Romney, Proposition 8, And Public Reason, Frederick Mark Gedicks
Faculty Scholarship
Although formal religious tests for federal office are constitutionally prohibited, they have long been fact of political life in presidential elections. John Kennedy remains the only nonProtestant ever elected President. The "Judeo-Christian tradition" notwithstanding, no major party has ever nominated a Jew for president - let alone a Buddhist, Hindu, Mormon, Muslim, or unbeliever.
Against this electoral history, it was perhaps predictable that mainstream Christian commentators would feel free to legitimate religious attacks on Mitt Romney during the Republican presidential primaries on the ground that Mormonism is a "false" religion. Ironically, however, the Mormon church periodically intervenes in initiative and …
Eruv And Establishment, Lorin Geitner
Eruv And Establishment, Lorin Geitner
Lorin C. Geitner
An examination of how the Orthodox Jewish practice known as an "eruv", based in Jewish religious law, can help illustrate the tension between the Establishment and Free Exercise clauses of the First Amendment.
Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner
Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner
Lorin C. Geitner
A survey of the different patterns of the relationship between of law to religion (and vice versa) in the course of world history, in order to provide historical and legal context and argue for the notion that the United States, truly, a secular society, but rather a religiously pluralistic one.
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Donn Short
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Religion-Based Claims For Impinging On Queer Citizenship, Donn Short, Bruce Macdougall
Bruce MacDougall
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …