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Full-Text Articles in Law

Law’S Religion: Religious Difference And The Claims Of Constitutionalism, Benjamin Berger Oct 2016

Law’S Religion: Religious Difference And The Claims Of Constitutionalism, Benjamin Berger

Benjamin L. Berger

Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a …


The Prodigal Illegal: Christian Love And Immigration Reform, Victor Romero Jan 2016

The Prodigal Illegal: Christian Love And Immigration Reform, Victor Romero

Victor C. Romero

Despite the impasse around immigration reform, most everyone believes the United States’ immigration system is broken. And most agree that the key issue is what to do with the eleven million or so undocumented persons currently residing in the United States. As a Christian immigration law teacher, I have been interested in the debate among the churches as to what such reform should look like. In this Article, I use Professor Jeffrie Murphy’s conception of agapic love as a lens through which to examine reform proposals. I then evaluate the two positions Christian churches have seemed to embrace—permanent legal status …


From Saumur To Sl: The Past And Future Of Religious Freedom, Faisal Bhabha Sep 2015

From Saumur To Sl: The Past And Future Of Religious Freedom, Faisal Bhabha

Faisal Bhabha

No abstract provided.


The Role Of Religion In Constitutions Emerging From Arab Spring Revolutions, Evelyn Aswad Dec 2014

The Role Of Religion In Constitutions Emerging From Arab Spring Revolutions, Evelyn Aswad

Evelyn Aswad

No abstract provided.


Veiled Discrimination, Sahar F. Aziz Mar 2014

Veiled Discrimination, Sahar F. Aziz

Sahar F. Aziz

Should employees have the legal right to “be themselves” at work? Most Americans would answer in the negative because work is a privilege, not an entitlement. An employer’s workplace rules that define professionalism, therefore, are his prerogative and defined by the demands of the marketplace. Underlying this conclusion is the false premise that objective and neutral factors shape modern notions of professionalism. To the contrary, professionalism is a subjective concept dependent on the decision makers’ worldview, norms, values, and definitions of propriety. Employees who belong to the employer’s social group or fall within society’s majority are advantaged as minimal effort …


Speaker, "Enforcing Co-Religionist Commerce", Michael Helfand Feb 2014

Speaker, "Enforcing Co-Religionist Commerce", Michael Helfand

Michael A Helfand

No abstract provided.


Speaker, "Enforcing Co-Religionist Commerce", Michael Helfand Feb 2014

Speaker, "Enforcing Co-Religionist Commerce", Michael Helfand

Michael A Helfand

No abstract provided.


Panelist, "Who Will Be Exempted From The Affordable Care Act? Hobby Lobby, Little Sisters And The Other Religious Exemption Cases Before The Supreme Court", Michael Helfand Feb 2014

Panelist, "Who Will Be Exempted From The Affordable Care Act? Hobby Lobby, Little Sisters And The Other Religious Exemption Cases Before The Supreme Court", Michael Helfand

Michael A Helfand

No abstract provided.


Presenter: Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne Barnes Jan 2014

Presenter: Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne Barnes

Wayne R. Barnes

No abstract provided.


Speaker And Panelist, Interfaith Program On “Religion And Politics: Power And Empowerment”, Michael Helfand Jan 2014

Speaker And Panelist, Interfaith Program On “Religion And Politics: Power And Empowerment”, Michael Helfand

Michael A Helfand

No abstract provided.


Moderator, “Religious Law In U.S. Courts”, Michael Helfand Jan 2014

Moderator, “Religious Law In U.S. Courts”, Michael Helfand

Michael A Helfand

No abstract provided.


Speaker, “Enforcing Co-Religionist Commerce”, Michael Helfand Dec 2013

Speaker, “Enforcing Co-Religionist Commerce”, Michael Helfand

Michael A Helfand

No abstract provided.


Response To Richard Garnett, "Individuals, Institutions, And Religious Freedom", Gregory Kalscheur, Richard Garnett Nov 2013

Response To Richard Garnett, "Individuals, Institutions, And Religious Freedom", Gregory Kalscheur, Richard Garnett

Richard W Garnett

No abstract provided.


Speaker, “On Religion And Money”, Michael Helfand Aug 2013

Speaker, “On Religion And Money”, Michael Helfand

Michael A Helfand

No abstract provided.


Speaker, “On Religion And Money”, Michael Helfand Aug 2013

Speaker, “On Religion And Money”, Michael Helfand

Michael A Helfand

No abstract provided.


Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand Aug 2013

Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.


Should Insurance Companies Be Forced To Reimburse Contraceptives Despite Religious Objections?, Robin Wilson, Tamara Piety Aug 2013

Should Insurance Companies Be Forced To Reimburse Contraceptives Despite Religious Objections?, Robin Wilson, Tamara Piety

Tamara R. Piety

Presented by TU's Federalist Society: Professor Robin Fretwell Wilson, the Class of 1958 Law Alumni Professor of Law and the Law Alumni Faculty Fellow for 2011—2012, received her J.D. and B.A. degrees from the University of Virginia where, at the School of Law, she served on the Editorial Board of the Virginia Law Review. Before entering practice, she clerked for the United States Court of Appeals for the Fifth Circuit. A specialist in Family Law and Health Law, her research and teaching interests also include Insurance and Biomedical Ethics. Professor Wilson is the editor of four volumes: Health Law and …


Catholic Social Thought: A Critical Investigation, Thomas Kohler Jul 2013

Catholic Social Thought: A Critical Investigation, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Speaker And Participant: A Celebration Of The Work Of Mary Ann Glendon, Thomas Kohler Jun 2013

Speaker And Participant: A Celebration Of The Work Of Mary Ann Glendon, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand Apr 2013

Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.


Presenter, Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne Barnes Apr 2013

Presenter, Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne Barnes

Wayne R. Barnes

No abstract provided.


Policing Terrorists In The Community, Sahar F. Aziz Feb 2013

Policing Terrorists In The Community, Sahar F. Aziz

Sahar F. Aziz

Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to prevent terrorism before it occurs. Towards that end, community policing developed in the 1990s to combat violent crime in inner city communities is being adopted in counterterrorism as a means of collaborating with Muslim communities and local police to combat “Islamist” homegrown terrorism. Developed in response to paramilitary policing models, community policing is built upon the notion that effective policing requires mutual trust and relationships among law enforcement and …


Presenter: Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne Barnes Jan 2013

Presenter: Render Unto Rawls: Law, Gospel, And The Evangelical Fallacy, Wayne Barnes

Wayne R. Barnes

No abstract provided.


Global Migration, Citizenship, And Catholic Social Teaching, Vincent Rougeau Jan 2013

Global Migration, Citizenship, And Catholic Social Teaching, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.


Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand Jan 2013

Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand

Michael A Helfand

No abstract provided.


Beyond Interpretation: The "Cultural Approach" To Understanding Extra-Formal Change In Religious And Constitutional Law (Invited Symposium Contribution), Mark Rosen Dec 2012

Beyond Interpretation: The "Cultural Approach" To Understanding Extra-Formal Change In Religious And Constitutional Law (Invited Symposium Contribution), Mark Rosen

Mark D. Rosen

No abstract provided.


Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik Dec 2012

Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik

Spencer J. Coopchik

In a globalized economy it is important for Western lawyers and investors to understand Islamic banking and finance. Islamic banking’s rapid growth in the past two decades has come as surprise to many in the financial markets. More surprising is that the legality of most financial transactions is decided by a select group of jurists sitting on Shari’ah Supervisory Boards. Islamic banking is a financial system governed by the Shari’ah. Many often misperceive Islamic banking as traditional financial practices veiled in Islamic legal fiction. This misconception is due in part to a lack of understanding of the Islamic legal principles …


“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan Dec 2012

“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan

Susan Rexford

The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …


Re-Emerging Equality. Traditions Of Justice In The Cultural Roots Of The Arab Revolutions, Giancarlo Anello, Khaled Qatam Dec 2012

Re-Emerging Equality. Traditions Of Justice In The Cultural Roots Of The Arab Revolutions, Giancarlo Anello, Khaled Qatam

giancarlo anello

For years, modern Egyptian Islamic thinkers have been attempting to define Islamic ideals of social justice and the way in which they had been betrayed in the post-colonial period. This paper will discuss and critique the mid-20th century works of theorists of the Muslim Revolution like Mahmud Abbas ‘Aqqad (author of al-dymuqratyah fy al-islam, Democracy in Islam) and Sayyid Qutb (author of al-‘adalah al-ijtima‘iyya fy al-islam, Social Justice in Islam) in order to shape the discourse about the relevance of their theories of democracy, justice and equality for today’s political movements.


Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand Nov 2012

Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand

Michael A Helfand

No abstract provided.