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Articles 1 - 17 of 17
Full-Text Articles in Law
December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz
December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz
Hallowed Secularism
More on Craig Unger the Neocons and Religion
December 28, 2007: The Neocons And Religion, Bruce Ledewitz
December 28, 2007: The Neocons And Religion, Bruce Ledewitz
Hallowed Secularism
The Neocons and Religion
December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz
December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz
Hallowed Secularism
The Evangelical Stance on Global Warming
December 19, 2007: More On Philip Pullman, Bruce Ledewitz
December 19, 2007: More On Philip Pullman, Bruce Ledewitz
Hallowed Secularism
More on Philip Pullman
December 7, 2007: Mitt Romney's Talk On Religion, Bruce Ledewitz
December 7, 2007: Mitt Romney's Talk On Religion, Bruce Ledewitz
Hallowed Secularism
Mitt Romney's Talk on Religion
October 10, 2007: The Importance Of Religion To Hallowed Secularism, Bruce Ledewitz
October 10, 2007: The Importance Of Religion To Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
The Importance of Religion to Hallowed Secularism
July 12, 2008: Secular Israeli Democracy, Bruce Ledewitz
July 12, 2008: Secular Israeli Democracy, Bruce Ledewitz
Hallowed Secularism
Blog post, “Secular Israeli Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Democrats Get Religion – Just In Time, Bruce Ledewitz
Democrats Get Religion – Just In Time, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
If They Can Raze It, Why Can't I? A Constitutional Analysis Of Statutory And Judicial Religious Exemptions To Historic Preservation Ordinances, Erin Guiffre
Georgetown Law Historic Preservation Papers Series
In 1996, America almost lost a great piece of its history. The Cathedral of Saint Vibiana, located in Los Angeles, was in danger of being destroyed. The "Baroque-inspired Italianate structure" was completed in 1876 by architect Ezra F. Kysor. The cathedral is one of only a few structures from Los Angeles' early history remaining. As an important part of history and a beautiful piece of architecture, the cathedral was listed on California's register of historic places. In 1994, an earthquake damaged part of the building. After an inspection by the building and safety department in 1996, the only portion of …
The Wall Falls, Bruce Ledewitz
The Wall Falls, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Law's Religion: Rendering Culture, Benjamin L. Berger
Law's Religion: Rendering Culture, Benjamin L. Berger
Osgoode Hall Law Journal
This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …
Put That In Your Thurible And Smoke It: Religious Gerrymandering Of Sacramental Intoxication, Mark A. Levine
Put That In Your Thurible And Smoke It: Religious Gerrymandering Of Sacramental Intoxication, Mark A. Levine
ExpressO
In February 2006, the Supreme Court ruled on the case Gonzales v. O Centro Beneficente Uniao do Vegetal, granting an injunction permitting the use of ayahuasca, a plant containing the Schedule I substance Dimethyltryptamine, for sacramental intoxication purposes. The unanimous Court justified this injunction by comparing the Uniao do Vegetal's use of the illegal substance with the Native American Church's use of peyote, which contains another Schedule I substance, mescaline. This ruling is incomptabile with lower court rulings rejecting the Ethiopian Zion Coptic Church use of marijuana, consistently stating that the Native American Church has rights beyond those of other …
The Future Of Religious Pluralism: Justice O'Connor And The Establishment Clause, Deborah J. Merritt, Daniel C. Merritt
The Future Of Religious Pluralism: Justice O'Connor And The Establishment Clause, Deborah J. Merritt, Daniel C. Merritt
Deborah J Merritt
Justice Sandra Day O’Connor offered a distinctive vision of the Establishment Clause. This article puts that vision in context by reviewing the history of religious pluralism, tolerance, and intolerance in the United States. The article also draws upon psychology research to illuminate the polarizing tendencies that continuously undermine religious tolerance. These sections of the article offer essential background that many observers overlook when analyzing the Establishment Clause. Finally, the article argues that Justice O’Connor’s Establishment Clause principles offer the best promise of promoting religious pluralism more fully in the United States.
Self-Defense In Asian Religions, David B. Kopel
Self-Defense In Asian Religions, David B. Kopel
David B Kopel
This Article investigates the attitudes of six Far Eastern religions - Confucianism, Taoism, Hinduism, Sikhism, Jainism, and Buddhism - towards the legitimacy of the use of force in individual and collective contexts. Self-defense is strongly legitimated in the theory and practice of the major Far Eastern religions. The finding is consistent with natural law theory that some aspects of the human personality, including the self-defense instinct, are inherent in human nature, rather than being entirely determined by culture.
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Constitutional Structure Of Disestablishment, Ian C. Bartrum
The Constitutional Structure Of Disestablishment, Ian C. Bartrum
Scholarly Works
This article proceeds in the structuralist tradition, which Professor Charles Black describes as "the method of inference from the structure and relationships created by the Constitution." The article takes a structural approach to the Establishment Clause: it reexamines the theoretical foundations of disestablishment, and infers a constitutional structure designed to create a dialectical relationship between political institutions and social institutions. The structural thesis requires that our political institutions safeguard individual liberty of conscience by bracketing all religious questions. The antithesis ensures the existence of free and independent social organizations dedicated to building public virtue. The article then applies the structural …