Law Commons^™

The Doctrine Of Religious Freedom, W. Cole Durham Jr.

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on April 3, 2001.

Peacemaking: Our Essential Work In The Last Days, Chieko N. Okazaki

Vol. 2: Service & Integrity

This address was given at the J. Reuben Clark Law Society Conference at Pepperdine University in Malibu, California, on February 16, 2007.

And With All Thy Mind, John W. Welch

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on September 30, 2003.

How Do We Practice Our Religion While We Practice?, Thomas B. Griffith

Vol. 2: Service & Integrity

This address was given to the Salt Lake Chapter of the J. Reuben Clark Law Society at the Joseph Smith Memorial Building in Salt Lake City on November 19, 2003.

Religiosidad, Democracia, Laicismo, Antonio-Carlos Pereira-Menaut

Antonio-Carlos Pereira-Menaut

In the discussion on religion-democracy-secularism, several Catholic authors make some mistakes. Firstly, they accept a historical «mea culpa» that is not always well founded, and they accept to discuss on State’s terms. They also indulge in «Eurocentrism», and undervalue certain factors in the conflict: the State’s «vocation of Church», Sovereignty, the displacement of politics towards what is personal and the loss of public validity of three important visions: the specific nature of politics, the basic agreement, and the general legal mass of rules and fundamental principles.

Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo

Educational Leadership Faculty Publications

Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …

A Free And Undemocratic Press?, Stephen J. A. Ward

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University.

Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Latter-day Saint Lawyers and the Public Square (Elder Quentin L. Cook)
• Originalist Roots of Substantive Due Process (Frederick Mark Gedicks)
• The Triumph of the Atonement (Elder Earl C. Tingey)
• The Heart of Lawyering (Kristin B. Gerdy)

September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins

David Randall Jenkins, Ph.D.

Laity And Laicism: Are These Catholic Categories Of Any Use In Analyzing Chilean Church-State Relations? , Jorge Precht Pizarro

BYU Law Review

No abstract provided.

Neera Desai (1925-2009): Pioneer Of Women’S Studies In India, Professor Vibhuti Patel

Professor Vibhuti Patel

The front runner of Women’s Studies in India and the creator of a model women’s studies centre that combined the ethos of women’s studies and women’s movement at the SNDT University, Mumbai, Neera Desai passed away on 25 June, 2009.

The Hijab In Educational Institutions And Human Rights: Perspectives From Nigeria And Beyond, Abdulmumini A. Oba

Abdulmumini A Oba

Islam places much emphasis on modesty and chastity. Islam makes it compulsory for all Muslims to dress with great modesty. The modest dressing for females is referred to as the hijab. The exact ambit of the hijab is subject of controversies. Over the years, in compliance with this divine injunction, Muslim women have adopted all or one or more combination of these: loose outer garment (jilbab), headscarves (khimar), face veil (niqab), and stockings to cover their feet. Any pious Muslim woman would feel strongly, the imperative to adopt these.

Teeming numbers of students in tertiary institutions in Nigeria are now …

Judicial Martial Law - Appendix, David Randall Jenkins

David Randall Jenkins

No abstract provided.

Gender Mainstreaming In Social Protection By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender mainstreaming has become a buzzword in development discourse in the 21st century. The volume under review is a timely publication in the context of the ever increasing pauperisation and immiserisation of millions of people, especially women and children. Naila Kabeer has performed a daunting task in examining the effect of economic globalisation on gender relations for a large majority of the poor around the world and the affirmative actions taken by the nation states.

Fathers, Foreskins, And Family Law, Dena S. Davis

Law Faculty Articles and Essays

In the United States, a custodial parent has the right and responsibility to make medical decisions for one's child. But does that right encompass consenting for a surgical procedure for which there is little or no medical justification? What if the noncustodial parent opposed the procedure? And when is a child old enough to make the decision for him- or herself? How should a physician respond when asked to perform a surgical procedure when the decision is enmeshed in family controversy? These and other questions are considered in Boldt, a recent family law case decided by the Supreme Court of …

American Civil Religion: An Idea Whose Time Is Past, Frederick Mark Gedicks

Faculty Scholarship

From the founding of the United States, Americans have understood loyalty to their country as a religious and not just a civic commitment. The idea of a 'civil religion' that defines the collective identity of a nation originates with Rousseau, and was adapted to the United States Robert Bellah, who suggested that a peculiarly American civil religion has underwritten government and civil society in the United States.

Leaving aside the question whether civil religion has ever truly unified all or virtually all Americans, I argue that it excludes too many Americans to function as such a unifying force in the …

Judicial Martial Law, David Randall Jenkins

David Randall Jenkins

No abstract provided.

Nota Sobre Religiosidad Y Democracia [Final Proofs], Antonio-Carlos Pereira-Menaut

Antonio-Carlos Pereira-Menaut

En la discusión religión-democracia- laicismo, diversos autores católicos incurren en algunos errores. Primero, admiten un «meaculpismo » histórico no siempre fundado, y además aceptan la discusión en términos estatistas. Además, incurren en «eurocentrismo ». Finalmente, infravaloran ciertos factores de conflicto: la «vocación de iglesia» del estado, la soberanía, el desplazamiento de la política hacia lo personal, y también la pérdida de vigencia pública sufrida por tres importantes perspectivas: la especificidad de la política, el acuerdo fundamental y la masa jurídica de reglas y principios básicos.

A Dialogical-Republican Revival: Respect-Worthy Constitutionalism In Post-Conflict Northern Ireland, South Africa, And Southern Philippines, Edsel F. Tupaz

Edsel F Tupaz

This Article addresses the question of constitutional design and negotiation for deeply divided societies in post-conflict settings. It argues in favor of the adoption and application of what might be termed as the “dialogical” model of democratic constitutionalism as opposed to the “enforcement” model which characterizes much of contemporary legal ordering. In discussing their features, the Article charts a normative apparatus for making the constitutional choice between the two, and, thereafter, it tests theory into practice by undertaking a comparative analysis of what might well be successful policymaking and constitution-making practices in Northern Ireland and South Africa. The findings show …

Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun

Scholarly Articles

Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues. Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account, the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.

Religio-Political Groups And The Israeli-Palestinian Peace Process, Catherine Ruth Orsborn

Electronic Theses and Dissertations

The Israeli-Palestinian conflict is a quagmire of interests working against one another. In this paper, I explore the specific role of religio-political groups in the conflict. I particularly examine the ideological political and religious foundations of Gush Emunim and Hamas, paying much attention to the question of why they are attractive to people in our current era. I argue that these groups are continuously effective in opposing the current quest for a peaceful resolution to the conflict, and that they continue to grow as the result of an identity crisis brought about by factors related to globalization and the failure …

"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman

Faculty Publications

No abstract provided.

Book Review. Liberty: Rethinking An Imperiled Ideal By Glenn Tinder, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Matters Of Faith And Conscience: A Turning Point In The Taking Of Oaths In Canada, David H. Michels

Articles, Book Chapters, & Popular Press

The global expansion of the British Empire brought to its colonies British legal traditions. Non-British peoples and cultures had to adapt to these imposed legal traditions, but also left their own indelible marks of change. Following years of immigration in Canada, change was necessitated across the social order to accommodate new faiths and cultural practices of non-British origin. One example involved the taking of court oaths, a practice that in the British legal tradition traces its roots to the Protestant Christian faith. Focusing on the example of court oaths, we argue that as immigration surged at the turn of the …

Religious Justification For The Practice Of Ecclesiastical Sanctuary, David H. Michels, David Blaikie

Articles, Book Chapters, & Popular Press

Stories about Canadian Christian churches engaging in civil disobedience by offering sanctuary to refugee claimants have been much in the news the past several years. Typical is the case of Ms. Sanja Pecelji who fled to St. Mark’s Anglican Church in Halifax to avoid a deportation order back to Serbia-Montenegro. The church minister, Rev. Susan Moxley, stated that Ms. Pecelji and her supporters in the church community were determined that she would reside in the church until the government reviewed her application for refugee status. “The tradition of providing sanctuary to those in need is a long-standing one for the …

Does God Favor The Unequal Allocation Of Resources? A Study Of The Effects Of Religion On Ethnic Conflicts, Irene Rebeca Mendoza

Open Access Theses & Dissertations

Ethnic conflict and religious conflict are two types of conflict that are too often studied as one type of conflict. Additionally, conflicts that involve the fight over resources are today a type of conflict which appears to be on the rise. Additionally, contrary to what some scholars have argued for centuries, religious influence over people's behavior also has continued to rise. Today there is a worrisome landscape in the global landscape, ethnic conflicts are currently ongoing throughout the globe in areas such as Congo, India-Pakistan, Israel-Palestine, Sudan, Sri Lanka, and most notably Iraq. Ethnic conflicts in the past appear to …

Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Eternal Law: The Underpinnings Of Dharma And Karma In The Justice System, Shiv Narayan Persaud

Journal Publications

This article seeks to examine the universal principles of Dharma and Karma as inherent principles within our social system. The hope is to bring about a better understanding of their influences and impact on our justice system by focusing the discussion on the utilization of these concepts by Mohandas Karamchand Gandhi and Martin Luther King, Jr. in their struggles for justice and equality in two distinct social realities.

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

Faculty Publications

No abstract provided.

Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi

Articles

Western distortions of the Muslim East nearly always take the same form, irrespective of who in the West is doing the distorting. One common theme can be generally gleaned from any projections of the Muslim East in the West, in any Western country, among nearly every community, including, and perhaps especially, our own academic community. This is the perception of the near ubiquitous role of Islam and, more germane to my remarks, Islamic law, of a historic, medieval kind, in governing the legal order of Muslim states, including Iraq, in a manner that can be entirely distorting. In these brief …