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Religion In The Workplace: Proceedings Of The 2000 Annual Meeting Of The Association Of American Law Schools Section On Law And Religion, William P. Marshall, Roberto L. Corrada, Michael W. Mcconnell, Joanne C. Brant, Robert W. Tuttle, Ira C. Lupu

Sturm College of Law: Faculty Scholarship

The religion clauses of the Constitution do not have to stand against one another. Viewed broadly they both encourage tolerance of religious practice and belief, the Establishment Clause by not allowing one religion to occupy a place above all others and the Free Exercise Clause by allowing all religions to flourish. The Workplace Religious Freedom Act does no violence to either clause in attempting to restore religion to its place among other important concerns of government

Protection Of Cultural Heritage Found On Private Land: The Paradigm Of The Miami Circle And Regulatory Takings Doctrine After Lucas, Patty Gerstenblith

College of Law Faculty

No abstract provided.

Symposium: States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve

Journal Articles

My name is Jim Schueller and I'm the Symposium Editor of the Law School Journal of Legislation and every two years we organize a symposium to discuss relevant issue of public policy and the topic this year is States Rights in the 21st Century.

Well, way back in the 18th century when the framers drafted the Constitution they created a unique system of governing where power was shared between the states which already existed and the newly created federal government. The framers in their day debated the proper allocation of power between these two governments and today, two hundred eleven …

Ld 1028 - Protection Of Indian Archaeological Sites : Report To The Standing Committee On Appropriations And Financial Affairs, Maine Historic Preservation Commission

Maine Collection

LD 1028 - Protection of Indian Archaeological Sites : Report to the Standing Committee on Appropriations and Financial Affairs.

Arthur Spiess, Archaeologist, Maine Historic Preservation Commission with Representative Donald Soctomah, January, 2000.

Contents: Introduction / The Resource / The Problem / Synopsis of Existing Laws / Discussions with Law Enforcement / Site Monitoring or Stewardship / Discussion / Recommendations / Appendix A - Text of 27 MRSA 371-378 as Amended to Date / Appendix B - Written Comments from State Agencies on LD 1028 Consultation / Appendix C - Archaeological Site Monitoring Materials

The Ius Commune, Suretyship, And Magna Carta, Kenneth Pennington

Scholarly Articles

No abstract provided.

Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers

Book Chapters

In this country, during the last decades of the twentieth century, thousands of lesbians married other women and thousands of gay men married other men. Many of these couples recited traditional vows in churches and synagogues. Others have pledged to each other in their own backyards in words that they wrote themselves. But not one of these thousands of solemn occasions was recognized as creating a legally valid marriage. In the United States, each state has its own statute defining who can marry, and as far as the states were concerned, these couples were playing dress up. One state has …

Peranan Sekuriti Hutang Islam (Ids) Dalam Pasaran Modal Di Malaysia, Asmak Ab. Rahman

Student Works (2000-2009)

This research is a comparative study of debt securities in the capital market which play a vital role in economic development. The aim of the study is to highlight the roles of Islamic debt securities or lsamic bond in Malaysian capital market which could be operationalized as an alternative to the conventional debt securities. The former operates in accordance with legal principles of Islamic commercial law such as bay' af-murabahah and bay' al-dayn. The study concludes that Islamic debt securities have an Islamic task as an alternative in the development of capital market in Malaysia.

Taklid Kepada Mazhab Syafie Dalam Amalan Berkaitan Zakat Padi Menurut Undang-Undang Zakat Negeri Kedah, Mahyuddin Abu Bakar

Student Works (2000-2009)

The practice of " taklid " to mazhab Syafie in doing everyday religious activities has become a fonnality. not to mention as one of culture to the followers of Islam in this country. This phenomenon is a continuation from the influence of this mazhab which has been around since the existence of (slam in Malaysia. Hence. this research is done with the thought of looking at the true reality of taklid is accepted by Islam, especially in issue which are closely knitted with the religious issues, in addition to investigate its development among the Muslims, especially the Malays. Pertaining to …

Hukum Islam : Antara Prinsip Syariah Dan Perbendaharaan Fiqh, Mohd. Saiba Yaacob

Student Works (2000-2009)

Title: Islamic Ruling: Between Principles of Shariah and Clasical Works of Fiqh. This dissertation begins with an assumption that Shariah has certain principles in deriving such a ruling (hukm) and formation of methods of ijtihad by fuqaha in explaining in details of positive laws had been done based on general principles mentioned in the Quran and Sunnah. The dissertation attempts to identify and elaborate in further details several matters. They are i) the general principles of Shariah ii) metodology of Shari ah in applying ruling during the Propet 's period iii) the purpose of Shariah (maqasid al­shafl'ah) and iv) their …

Jihad Politik : Suatu Analisis Pemikiran Sa`Id Hawwa, Muhammad Pisol Mat Isa

Student Works (2000-2009)

Kajian ini adalah berbentuk Library research. Tujuan utama adalah untuk melihat proses perjalanan politik mengikut kaca mata Islam dan juga menjelaskan beberapa kekeliruan umat Islam dalam isu politik. Kajian ini juga cuba mengulaskan beberapa isu pokok seperti isu pengundian, pembinaan parti Islam, membina negara Islam, menyertai pilihan raya, berbilangan jemaah, bekerja dalam kerajaan bukan Islam, proses penurunan pemimpin melalui kaedah demokrasi dan lain-lain. Kajian ini mengambil Said Hawwa sebagai asas kajian pemikiran. ini kerana penulis mendapati beliau adalah antara tokoh yang terlibat secara langsung dalam politik dan banyak menulis buku-buku yang berkaitan dengannya. Hal ini memudahkan penulis mendapat maklumat dan …

The Doctrine Of Certainty In The Islamic Methods Of Inference, Soualhi Yunus

Student Works (2000-2009)

This thesis is an articulate study on the modes of inference in the legal field. Observing the huge legacy left by early and modem jurists on Usul al-Fiqh, one would find that the rules promulgated to regulate the operation of Ijtihad appears vacillating between certainty and uncertainty. A thorough examination of the criteria set by jurists to determine the accuracy of the legal proofs suggests that every thing appears to have been comprehensively tackled except "Certainty". A lack of an adequate theorization for certainty in the legal field is exactly what has prompted us to venture into this thesis. This …

Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker

Law Faculty Articles and Essays

Ohio law regarding second-parent adoptions remains unsettled. Section II of this article provides an overview of Ohio adoption law. Section III presents the case of In re Jane Doe, starting with the decision of the lesbian couple to jointly bring a child into this world, and continuing with the efforts of both mothers to obtain legal recognition for the de facto parent's status through adoption, and the legal strategies employed by the mothers' attorneys, also addressed are the court-appointed Guardian Ad Litem (GAL), the social science data supplied by the amicus curiae to help the court reach a fully informed …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 6, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich

Articles

It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is …

Perceiving Imperceptible Harms (With Other Thoughts On Transitivity, Cumulative Effects, And Consequentialism), Donald H. Regan

Book Chapters

Many writers believe there can be cases which satisfy the following description: starting from an initial state of affairs, it is possible to make a series of changes, none of which alters the value of the state of affairs in any way, but such that the final state of affairs that results from the series of changes is worse than the initial state of affairs. I shall call the claim that there can be such cases the "ex nihilo" claim, since in a sense it asserts that the bad effects of the complete series of changes arise ex nihilo. Proponents …

Late Spring Haiku In Rhyme/Haiku For The Birds (Poems), Frank Pommersheim

Faculty Publications

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Transitional Justice, Ruiti G. Teitel

Books

Ruti Teitel explores the ways in which a society should respond to evil rule. This is an insightful analysis of one of the most fundamental political science issues of our times - how the emerging democracies in Eastern Europe and elsewhere should deal with the legal systems inherited from their authoritarian pasts.

Should the past system be repudiated altogether? Should the leaders from the authoritarian period be punished? If so, how? Under what principles of law would punishment be justified, given that the leaders were, in general, acting legally according to the legal systems in effect at the time? This …

Robert M. Benson Family Papers, Zach S. Henderson Library Special Collections

Finding Aids

Spanning 1937-1969, materials consist of indentures, deeds, promissory notes, insurance maps, and other legal and financial records from the earliest years of Georgia Southern University, then known as First District Agricultural and Mechanical School; materials also include personal and professional correspondences from Charles E. Cone Realty Company to active and prospective tenants about owning land in Bulloch County, as well as a variety of local land plats, oversized maps, blueprints, and posters; additionally, there are photographs of prominent local figures and family members. A notable entry are newspapers detailing the Apollo 11 moon landing in 1969. A selection of World …

Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

More's Skill, Thomas L. Shaffer

Journal Articles

Robert Bolt chose a phrase from a sixteenth century poet named Robert Whittinton for the title of his modem play about Thomas More: "[A] man of an angel's wit and singular learning; I know not his fellow. For where is the man of that gentleness, lowliness, and affability? And as time requireth a man of marvellous mirth and pastimes; and sometimes of as sad gravity: a man for all seasons."

Bolt's title suggests that he took a gamble on the possibility that More would have modern, universal appeal. I have been interested in how that gamble worked out. If you …

"Out Of Zion Shall Go Forth The Law", Nathan B. Oman

Faculty Publications

No abstract provided.

Seduced By Science: How American Religion Has Lost Its Way, Jay Tidmarsh

Journal Articles

For a Whiteheadian such as me, Steven Goldberg's Seduced by Science: How American Religion Has Lost Its Way starts with some correct and some incorrect premises and ends, not surprisingly, with some apposite and some inapposite conclusions. The burden of Goldberg's book is to argue that American religion, rather than making the distinctive contribution to American political and social life that it can and should, has instead been derailed into addressing questions on the terms of and with the language or methods of modern science. His argument proceeds in three parts. First, he describes three circumstances in which religion has …

Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith

Journal Articles

This paper is a defense of utilitarian penology, against the familiar retributivist charge that it promotes framing the innocent, and other charges similarly depending on the notion that utilitarianism encourages officials to deceive the public. Our defense proceeds from the striking fact that utilitarianism's critics do not cite textual evidence that the originators of utilitarian penology in fact endorsed punishing the innocent or deceiving the public. Instead, critics claim that these unsavory policies follow logically from the premises of utilitarianism. Our argument, in brief, is that the charge of framing the innocent rests on a misunderstanding of utilitarian penology. We …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 5, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Hukum Keluarga Adat Minangkabau : Satu Kajian Menurut Hukum Syara', Safrudin Halimy Kamaluddin

Student Works (2000-2009)

This research is aimed at evaluating the family laws of Minangkabau tradition according to the perspective of Shari'ah, whether that adat law really contradicts the Islamic Law as there are some differences between the two laws. There are three aspects that will be the focus of this research. They are the matrilineal system, exogamy and bequeathing on]y to the side of matrilineal family. The evaluation of the problem will be carried out after having studied the adat law in depth and detail, including its history, philosophy, development and changes which have been taking place until today. The first thing that …

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Scholarly Articles

This article reflects on the nature of the key social justice questions of our time. It then explores five broad principles of Catholic social thought that may be brought to bear on those questions.