Law Commons^™

Emergent Public Discourse And The Constitutional Debate In Tunisia: A Critical Narrative Analysis, Nathaniel Greenberg

Nathaniel Greenberg

The appointment of the Minister of Industry, the so-called “technocrat” Mehdi Jomaa, to form a caretaker government in Tunisia on the eve of the revolution’s third anniversary, threw into stark relief the country’s complex struggle for democracy following the January 14 revolution. The announcement came in the wake of the Islamist party Ennahdha’s sudden renunciation of the Prime Minister’s office in September, ostensibly a sign of cooperation in the face of mounting criticism surrounding the government’s failure to investigate the assassinations of two political opposition figures. A number of Western media outlets, including the New York Times, quickly absorbed the …

Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Thomas L. Shaffer

No abstract provided.

Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

More's Skill, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Christian Theories Of Professional Responsibility, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Robert Rodes

No abstract provided.

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny

M. Cathleen Kaveny

No abstract provided.

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett

Richard W Garnett

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …

The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall

Brian M McCall

This lecture addresses the natural relationship between Church and State and explains Catholic Social Teaching regarding the organization of civil society.

Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram

David Ingram

Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …

Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Looking Beyond the Stacks (David L. Armond and Shawn G. Nevers)
• A Lesson in Flying (RonNell Anderson Jones)
• Faith, Family, and Religious Freedom (Elder Jeffrey R. Holland)
• Instruments in His Hand (Elder Larry Echo Hawk)

Are They Like Us, Yet? Some Thoughts On Why Religious Freedom Remains Elusive For Aboriginals In North America, Marc V. Fonda

Marc V. Fonda Ph.D.

It is well-documented that European culture differs from that of Aboriginal culture. Perhaps one of the most striking differences is in the relationships and attitudes each group has towards land. For Europeans the land is a commemorative gift of the creator there to be exploited for economic benefit; for Aboriginal peoples, the land is also a gift but one that a continuing extension of the creator’s immanence in which all things are related to one another. The one is an economic relation, the other a spiritual relation that denotes family. When two very different cultural systems encounter one another, there …

Deciphering The Divine: An Unmasking Of Islamic Law, Hamid Khan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Fragile Alliance: How The Crisis In Egypt Caused A Rift Within The Anti-Syrian Regime Block, Ahmed Souaiaia

Ahmed E SOUAIAIA

Qatar, Saudi Arabia, United Arab Emirate (UAE), Turkey, and the West condemned in unison the Syrian regime for its harsh treatment of Syrians from the first day of the uprising in that country. Many observers were skeptical of the stated reasons for this sudden interest in human rights issues given that the Gulf States are in fact models of repressive governance. As the reaction to the Egyptian crisis revealed, the opposition to the Syrian regime was not motivated by its stated goals (support for democracy and condemnation for authoritarianism). It was dictated by narrow political, ideological, and sectarian interests.

Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale

Frank A. Pasquale

No abstract provided.

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …

Patterns Of Anti-Muslim Violence In Burma: A Call For Accountability And Prevention, Andrea Gittleman, Marissa Brodney, Holly G. Atkinson

Publications and Research

In this report, the authors documents how persecution of and violence against the Rohingya in Burma has spread to other Muslim communities throughout the country. Physicians for Human Rights conducted eight separate investigations in Burma and the surrounding region between 2004 and 2013. PHR’s most recent field research in early 2013 indicates a need for renewed attention to violence against minorities and impunity for such crimes. The findings presented in this report are based on investigations conducted in Burma over two separate visits for a combined 21-day period between March and May 2013.

Grassroots_Grassroots Grassroots Rs 15 August 15, 2012 - Volume 4 Issue 8 I N S I D E A Journal Of The Press Institute Of India Promoting Reportage On The Human Condition, Professor Vibhuti Patel

Professor Vibhuti Patel

During the past 15 years, Women’s Grievance Redressal Cells set up by the Mohalla Committee Movement in Maharashtra have played an important role in cementing the bonds between communities, spouses, neighbours and enlightened the youth. Meaningful relationships between individuals in the family have been forged as a result

Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon

Trotter Review

This research article raises the question of whether religion can be considered a viable partner in the reduction of the high rate of recidivism associated with the increasing mass incarceration in the United States. Can sustainable transformation in the life of a prisoner or former prisoner as a result of religious conversion be subjected to evidenced-based practices to derive impartial conclusions about the value of religion in their lives? With a particular focus on three neighborhoods of Boston—Roxbury, Dorchester, and Mattapan—this study examines the relevance of religion and faith-based organizations in lowering the high rate of recidivism associated with incarceration …

Gray Matters Behind Bars, Howard Manly

Trotter Review

Forty years ago, the nation got tough on crime. It is now paying the price as the skyrocketing cost of incarcerating aging inmates is haunting state and federal prison budgets.

Social Architecture And The Law: Law, Through The Lens Of Religion, Lorin Geitner

Lorin C. Geitner

How can we account for the differing popular images of attorney in variouscountries? One way of doing so may be to bring a paradigm developed in religious studies toexamine the most publically accessible and prototypical venue for attorneys, the courtroom.Specifically, applying the model of critical spatial studies developed by Lefebvre and Soja inorder to examine religious ritual space to bear on a different kind of ritual space, the courtroom,its structure, organization, and use may illuminate both societal understandings of how the lawrelates to the citizen, but also inform the differing perception and status of lawyers in the United States, Britain, …

Clark Memorandum: Spring 2013, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Becoming a Fruitful Tree (Elizabeth A. Clark)
• Unfolding in Time (Elder Dallin H. Oaks)
• Faith to Forgive Grievous Harms (James R. Rasband)
• The 21st Century as the Century of Duties? (John W. Welch)

State Of The Urban Youth, India 2012, Professor Vibhuti Patel

Professor Vibhuti Patel

State of the Urban Youth India 2012: Employment, Livelihoods, Skills Executive Summary Every third person in urban India is a youth. In less than a decade from now, India, with a median age of 29 years will be the youngest nation in the world. India’s demographic transformation is creating an opportunity for the demographic burden of the past to be converted to a dividend for the future. For this to happen the country needs to adopt a three-pronged policy that will address the issues of employment, livelihoods and the skill status of youth. The State of the Urban Youth India …

Vidura, Professor Vibhuti Patel

Professor Vibhuti Patel

Shift to e-journal Dear Reader, With increasing printing costs, the Press Institute of India, a non-profit trust, is compelled to stop publication of the printed edition of Vidura with effect from the October-December 2013 issue. Vidura will, however, be published as an e-journal from the October-December 2013 issue, and select content will be hosted on our website (www.pressinstitute.in). The annual subscription to the e-journal will be Rs 200 and payment (in the form of DD favouring Press Institute of India) can be sent to the Director, PII-RIND, RIND Premises, Second Main Road, Taramani CPT Campus, Chennai 600 113. Existing subscribers …

Socio-Economic Profile Of Muslims: A State Profile Of Maharashtra, Professor Vibhuti Patel

Professor Vibhuti Patel

Chapter 1: Pages 4-18 An Overview Prof. Vibhuti Patel, Head, Department of Economics SNDT Women’s University, Mumbai Chapter 2: Pages 19-69 Socio Economic Status of Muslims in Maharashtra Shri. Prakash Chandra Mishra, Research Scholar, Tata Institute of Social Sciences, Mumbai Ms. Amruta Bavadekar, Independent Researcher Dr. Ruby Ojha, Associate Professor, Department of Economics SNDT Women’s University, Mumbai Chapter 3: Pages 70-87 Case Study I: Gilber Hill, Andheri (W) Mumbai Smt. Lalitha Dhara, Vice Principal, Ambedkar College of Arts and Commerce, Wadala, Mumbai Chapter 4: Pages 88-100 Case Study 2: Parbhani, Maharashtra Shri. Sanjay Phad, Assistant Professor, Department of Economics SNDT …

Marriageable Age In Islam: A Study On Marriageable Age Laws And Reforms In Islamic Law, Jeremiah J. Bowden

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

One area of Islamic law that has been subject to much criticism as of late is the practice of child-marriage. Some, preferring to view Islam suspiciously, tend to create a caricature of Muslims as morally depraved individuals who force young daughters into marriages to old men for financial gain. Several polemicists commenting on this practice have hurled virulent epithets toward the Prophet Muhammad, whom they believe to be the originator of this abhorrent practice. After exploring instances where child-marriage still occurs, I will examine how this practice is currently being reformed in a way consistent with Islamic law. Ultimately, I …

Assimilation, Acculturation, And The Law: Solving A “Problem” Like Shar’Ia, Kristina E. Benson

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

An unexpected development in the English legal system involves Muslim women’s use of legally binding Shar’ia councils to protect their autonomy, marital security, and property rights. Although scholars and political commentators alike have voiced concerns that Muslim women will be treated unfairly in these councils, there is some indication that women have become adept at navigating this plural legal landscape and that they have often managed to secure better outcomes from Shar’ia family law than from English courts. Over 80 Shar’ia tribunals have been established to issue legally binding decisions on divorce, child custody, inheritance, and other areas of family …

Janata Weekly: Union Budget 2012-13, Professor Vibhuti Patel

Professor Vibhuti Patel

It is important to understand political context in which, the Union budget 2012-13 has shaped the financial allocations in the social sector, especially gender budgeting and flagship centrally sponsored schemes for anti-poverty programmes.

Introduction To Faith And The Historian: Catholic Perspectives, Nick Salvatore

Nick Salvatore

[Excerpt] What follows are the essays by eight historians touched by Catholicism on the meaning of that experience and its effect on their professional work. The essays are presented in broad chronological order, organized more by generational cohort than by specific date of birth. The essays are reflections, in some cases even meditations, and were never intended to conform to the structure and methodology of the historical article for a professional journal. Still, we have tried to shed some light on the inner processes that create that very work.