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Articles 1 - 12 of 12
Full-Text Articles in Law
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
Nathan B. Oman
No abstract provided.
Issues Of Law And Religion In The News -- Hutterites, Lorin Geitner
Issues Of Law And Religion In The News -- Hutterites, Lorin Geitner
Lorin C. Geitner
The Hutterites are an Anabaptist group who live communally. This lifestyle has allowed them to compete against private construction firms in Montana. A new law requires the Hutterites to carry workers compensation for their members who work in construction. The Hutterites counter that they already have provisions in their society that provide all the coverage provided by workers compensation. The legislator who sponsored this bill says this bill is needed to provide an even playing field. What are the Hutterites history, beliefs and practices which lead them to believe this is redundant? What are the legal principles involved? Who is …
Issues Of Law And Religion In The News -- Mennonites, Lorin Geitner
Issues Of Law And Religion In The News -- Mennonites, Lorin Geitner
Lorin C. Geitner
An ordinance in Mitchell county, Iowa, forbade the use of tractors with steel-rim tires on county roads, for the sake of road preservation. The Groffdale Old Order Mennonites, however, require their members to use just such tires, for religious reasons. When a Mennonite youth received a citation for driving such a tractor on the road, it set off a nearly prototypical Church/State conflict. What do steel-rim tires have to do with religion? And does the county's concern with preserving roads trump this religious practice, or vice versa?
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.
The 'Next Friends' Suit: Mary Baker Eddy And The Church Of Christ Scientist, On Trial, Lorin Geitner
The 'Next Friends' Suit: Mary Baker Eddy And The Church Of Christ Scientist, On Trial, Lorin Geitner
Lorin C. Geitner
An examination of the competency trial of Mary Baker Eddy, and its subsequent effects and consequences.
Dhimmitude And Disarmament, David B. Kopel
Dhimmitude And Disarmament, David B. Kopel
David B Kopel
Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to defend themselves from attacks by Muslims. The disarmament is one aspect of the pervasive civil inferiority of non-Muslims, a status known as dhimmitude. This Essay examines the historical effects of the shari'a disarmament, based on three books by Bat Ye'or, the world's leading scholar of dhimmitude. As Ye'or details, the disarmament had catastrophic consequences, extending far beyond the direct loss of the dhimmi's ability to defend themselves. The essay concludes by observing how pretend gun-free zones on college campuses turn the adults there into 21st …
The Catholic Second Amendment, David B. Kopel
The Catholic Second Amendment, David B. Kopel
David B Kopel
At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The Little Renaissance that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.
The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel
The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel
David B Kopel
This article examines the religious background of the American Revolution. The article details how the particular religious beliefs of the American colonists developed so that the American people eventually came to believe that overthrowing King George and Parliament was a sacred obligation. The religious attitudes which impelled the Americans to armed revolution are an essential component of the American ideology of the right to keep and bear arms.
Mary And Isis, Lorin Geitner
Mary And Isis, Lorin Geitner
Lorin C. Geitner
An examination of the degree to which the modern conception of the Virgin Mary was affected and influenced by the cult of Isis.
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
David B Kopel
Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.
The Religious Freedom Restoration Act: Responding To Smith; Reconsidering Reynolds, Keith Jaasma
The Religious Freedom Restoration Act: Responding To Smith; Reconsidering Reynolds, Keith Jaasma
Keith Jaasma
This comment examines the cae of Employment Division, Department of Human Resources of Oregon v. Smith, and Congress' response to that decision in the Religious Freedom Restoration Act (RFRA). The Comment further examines whether the Supreme Court's 1879 Decision in Reynolds v. United States, which upheld laws against polygamy in the Utah Territory, would continue to be viable in light of the RFRA and Free Excercise Clause cases that have been decided since.