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- Michael A Helfand (29)
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Articles 61 - 90 of 95
Full-Text Articles in Law
The Boundaries Of Religious Freedom, Michael Helfand
The Boundaries Of Religious Freedom, Michael Helfand
Michael A Helfand
No abstract provided.
Can Non-Violent Resistance And Armed Rebellion Co-Exist?, Ahmed Souaiaia
Can Non-Violent Resistance And Armed Rebellion Co-Exist?, Ahmed Souaiaia
Ahmed E SOUAIAIA
Social Change in Arab Societies
The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia Salkin, Amy Lavine
The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia Salkin, Amy Lavine
Patricia E. Salkin
In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …
Islamists Bring Religion Down To Earth: The End Of Religious Idealism, Ahmed Souaiaia
Islamists Bring Religion Down To Earth: The End Of Religious Idealism, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom?, Michael Helfand
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom?, Michael Helfand
Michael A Helfand
This introduction provides a preface to the Pepperdine Law Review symposium from the Third Annual Religious Legal Theory Conference on "The Competing Claims of Law & Religion: Who Should Influence Whom." As the introduction notes, the relationship between law and religion is both fraught with tension but also provides great opportunity. In so doing, the introduction sketches some of the varied responses to conflicts between law and religion, providing a brief overview of the papers included in the symposium issue.
Issues Of Law And Religion In The News -- Amish Beard Cutters, Hate Crimes, And The Limits Of The Commerce Clause, Lorin Geitner
Issues Of Law And Religion In The News -- Amish Beard Cutters, Hate Crimes, And The Limits Of The Commerce Clause, Lorin Geitner
Lorin C. Geitner
Amish are being tried under a Federal Hate Crimes statute in Ohio for cutting the beards of elders in another Amish community. Why such a strange form of assault? Since this is an Amish on Amish crime, does it constitute a hate crime? And is the reliance of the statute on the commerce clause over-reaching, and potentially under-reaching as well?
Social Architecture And The Law, Lorin Geitner
Social Architecture And The Law, Lorin Geitner
Lorin C. Geitner
The reputation of attorneys has steadily declined over the last 50 years. How can we determine why this has occurred? Given the relatively high reputation of British Barristers, a comparison of US and British court room arrangement and practice may provide some clues, and the heuristic of "critical spatial studies" provides a methodology.
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?
Issues Of Law And Religion, In The News -- Non-Catholic Teachers Fired For Fertility Treatments, Lorin Geitner
Issues Of Law And Religion, In The News -- Non-Catholic Teachers Fired For Fertility Treatments, Lorin Geitner
Lorin C. Geitner
Two non-Catholic teachers had been fired from Catholic schools, for breaching Catholic doctrine when it comes to acceptable fertility treatments. Has the Catholic Church breached its employment contracts with these teachers? If so, would it still be protected under the ministerial exception?
The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia
The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Apathy In The Face Of Cruelty, Ahmed Souaiaia
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand
Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand
Michael A Helfand
This Article considers a trend towards what I have termed the "new multiculturalism," where conflicts between law and religion are less about recognition and symbolism and more about conflicting legal orders. Nothing typifies this trend more than the increased visibility of religious arbitration, whereby religious groups use current arbitration doctrine to have their disputes adjudicated not in U.S. courts and under U.S. law, but before religious courts and under religious law. This dynamic has pushed the following question to the forefront of the multicultural agenda: under what circumstances should U.S. courts enforce arbitration awards issued by religious courts in accordance …
Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand
Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand
Michael A Helfand
Although courts often think of religion in terms of faith, prayer, and conscience, many religious groups are increasingly looking to religion as a source of law, commerce, and contract. As a result, courts are being called upon to regulate conduct that is simultaneously religious and commercial. In addressing such cases, some courts minimize the religious features of the case and simply focus on its secular elements while others over-exaggerate the religious features of the case and thereby refuse to adjudicate the dispute on Establishment Clause grounds. As an example of this dynamic, I explore the constitutionality of imposing sanctions for …
Why San Francisco’S Proposed Circumcision Ban Violates The First Amendment, Michael Helfand
Why San Francisco’S Proposed Circumcision Ban Violates The First Amendment, Michael Helfand
Michael A Helfand
No abstract provided.
Muscular Liberalism Or Multiculturalism?, Vincent Rougeau
Muscular Liberalism Or Multiculturalism?, Vincent Rougeau
Vincent D. Rougeau
No abstract provided.
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard Glickstein
A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard Glickstein
Howard Glickstein
No abstract provided.
Confirming Piskei Din In Secular Court, Michael Helfand
Confirming Piskei Din In Secular Court, Michael Helfand
Michael A Helfand
No abstract provided.
Multicultural Modernity In Montréal, Vincent Rougeau
Multicultural Modernity In Montréal, Vincent Rougeau
Vincent D. Rougeau
No abstract provided.
The Young Israel Dilemma: Disengagement Or Confrontation, Michael Helfand
The Young Israel Dilemma: Disengagement Or Confrontation, Michael Helfand
Michael A Helfand
No abstract provided.
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.
Practical Reason And Subsidiarity: Response To Robert K. Vischer, Conscience And The Common Good, Michael Moreland
Practical Reason And Subsidiarity: Response To Robert K. Vischer, Conscience And The Common Good, Michael Moreland
Michael P. Moreland
No abstract provided.
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.
How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael Helfand
How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael Helfand
Michael A Helfand
This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of aprimafacie equal protection violation. The second-violation casesare instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications …
Institutional Conscience And Moral Dilemmas: Why "Freedom Of Conscience" Is Bad For "Church Autonomy", Michael Moreland
Institutional Conscience And Moral Dilemmas: Why "Freedom Of Conscience" Is Bad For "Church Autonomy", Michael Moreland
Michael P. Moreland
No abstract provided.
Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia
Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Westboro Baptist And The Limits Of Religious Speech, Lorin Geitner
Westboro Baptist And The Limits Of Religious Speech, Lorin Geitner
Lorin C. Geitner
A discussion of the role of defense attorneys, the implications of the prosecutorial burden of proof, the Supreme Court case of Phelps v. Snyder, and a corresponding incident in Floyd County Virginia involving the posting of the 10 Commandments in a public school, by different parties, and why there were differing results depending upon the party.
A Freedom Under Fire: A Review Of Martha Nussbaum's Liberty Of Conscience: In Defense Of America's Tradition Of Religious Equality, Vincent Rougeau
A Freedom Under Fire: A Review Of Martha Nussbaum's Liberty Of Conscience: In Defense Of America's Tradition Of Religious Equality, Vincent Rougeau
Vincent D. Rougeau
No abstract provided.
Christians In The American Empire: Faith And Citizenship In The New World Order, Vincent Rougeau
Christians In The American Empire: Faith And Citizenship In The New World Order, Vincent Rougeau
Vincent D. Rougeau
What does it mean to be a Christian citizen of the United States today? This book challenges the argument that the United States is a Christian nation, and that the American founding and the American Constitution can be linked to a Christian understanding of the state and society. Vincent Rougeau argues that the United States has become an economic empire of consumer citizens, led by elites who seek to secure American political and economic dominance around the world. Freedom and democracy for the oppressed are the public themes put forward to justify this dominance, but the driving force behind American …