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The Cost Of Free Speech: Resolving The Wedding Vendor Divide, Victoria Cappucci May 2020

The Cost Of Free Speech: Resolving The Wedding Vendor Divide, Victoria Cappucci

Fordham Law Review

As marriage equality becomes fully realized in the United States, business proprietors increasingly refuse to service same-sex weddings on religious grounds. However, at the same time, state laws protect same-sex couples from discrimination in places open to the public. Such competing values have resulted in a line of “wedding vendor” cases. As the cases continue to proliferate, this Note examines when, and to what extent, the otherwise equally important values of free expression and equality should trump one another. This Note analyzes First Amendment compelled speech claims within the line of wedding vendor cases: specifically, whether wedding goods and services ...


Review Of Friendship In The Hebrew Bible By Saul M. Olyan, Ethan J. Leib Jan 2020

Review Of Friendship In The Hebrew Bible By Saul M. Olyan, Ethan J. Leib

Faculty Scholarship

No abstract provided.


Liberalism And The Distinctiveness Of Religious Belief, Abner S. Greene Jan 2020

Liberalism And The Distinctiveness Of Religious Belief, Abner S. Greene

Faculty Scholarship

Finding the appropriate sweet spot for religion’s role in the state and how state action may affect the lives of religious people continues to be elusive. Cécile Laborde’s ambitious book Liberalism’s Religion comes down firmly on the side of seeing religion as not distinctive, even in a liberal democracy. To the extent that nonestablishment and free exercise norms should prevail, they should prevail insofar as we can disaggregate religion into components that it shares with nonreligious belief and practice. In this review essay, I advance a position on which Laborde spends little time in her book — religion ...


Gender And Religious Dress At The European Court Of Human Rights: A Comparison Of Șahin V. Turkey And Arslan V. Turkey, Bronwyn Roantree Mar 2019

Gender And Religious Dress At The European Court Of Human Rights: A Comparison Of Șahin V. Turkey And Arslan V. Turkey, Bronwyn Roantree

Fordham Law Review Online

This paper examines the regulation of the religious dress of men and women in two decisions by the European Court of Human Rights: Şahin v. Turkey and Arslan v. Turkey. In Şahin, the Court upheld a ban on the wearing of the Islamic headscarf, an article of clothing worn exclusively by women, at a public university. In Arslan, the Court rejected a ban on the wearing of a type of religious uniform worn only by men who were members of a politically subversive Islamic group. In both cases, the Court asserted that its decision was necessary to protect ...


Lady Justice Cannot Hear Your Prayers, Deborah Ogali Dec 2018

Lady Justice Cannot Hear Your Prayers, Deborah Ogali

Fordham Law Review

The Islamic finance industry continues to grow quickly as the appetite for everything, from Sharia-compliant home mortgages and car loans to sophisticated financial products, increases. This growth has triggered an interest in sukuk, bond-like financial instruments. And while the international market for sukuk has long been dominated by foreign issuers and English law, the attraction of a niche market compatible with U.S. federal and international securities laws may propel increased participation by U.S. issuers and investors who wish to transact under U.S. federal and state laws. As with all Islamic financial products, sukuk transactions inherently pose a ...


Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt May 2018

Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt

Fordham Law Review

Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims ...


Christians And Pagans, Abner S. Greene Jan 2018

Christians And Pagans, Abner S. Greene

Faculty Scholarship

No abstract provided.


Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill Feb 2016

Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill

Fordham Urban Law Journal

No abstract provided.


Religious Freedom And (Other) Civil Liberties: Is There A Middle Ground?, Abner S. Greene Jan 2015

Religious Freedom And (Other) Civil Liberties: Is There A Middle Ground?, Abner S. Greene

Faculty Scholarship

There appears to be an intractable debate between those who favor religious accommodations and those who favor civil liberties such as abortion rights and equality rights for same-sex couples. Many take firm positions of truth about one matter or the other. Here, I sketch a middle ground, continuing my endorsement of a robust normative or value pluralism. I canvass some arguments for this position, while also describing and critiquing some works of intellectual history that seem too wedded to one teleological posture or another. Despite my support for the Religious Freedom Restoration Act, I critique the Court’s Hobby Lobby ...


Religion And Theistic Faith: On Koppelman, Leiter, Secular Purpose, And Accomodations, Abner S. Greene Jan 2013

Religion And Theistic Faith: On Koppelman, Leiter, Secular Purpose, And Accomodations, Abner S. Greene

Faculty Scholarship

What makes religion distinctive, and how does answering that question help us answer questions regarding religious freedom in a liberal democracy? In their books on religion in the United States under our Constitution, Andrew Koppelman (DefendingAmerican Religious Neutrality) and Brian Leiter (Why Tolerate Religion?) offer sharply different answers to this set of questions. This review essay first explores why we might treat religion distinctively, suggesting that in our constitutional order, it makes sense to focus on theism (or any roughly similar analogue) as the hallmark of religious belief and practice. Neither Koppelman nor Leiter focuses on this, in part because ...


Charter Schools, The Establishment Clause, And The Neoliberal Turn In Public Education, Aaron J. Saiger Jan 2013

Charter Schools, The Establishment Clause, And The Neoliberal Turn In Public Education, Aaron J. Saiger

Faculty Scholarship

Regardless whether the American charter school can improve academic performance and provide effective alternatives to traditional public schools, its steady entrenchment as an institution portends significant, destabilizing changes across education law. In no area will its impact be more profound than the law of religion and schooling. Despite the general view that charter schools are public schools, charters’ neoliberal character — they are privately created and managed, and chosen by consumers in a marketplace — makes them private schools for Establishment Clause purposes, notwithstanding their public subsidy. This conclusion, which rests in substantial part on the Zelman v. Simmons-Harris vouchers case, implies ...


Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn Jan 2011

Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn

Faculty Scholarship

This Article explores potential community-based interventions to assist victims of witchcraft accusations, based on forty-five case studies from an experimental mobile legal-aid clinic in Malawi, a country in southeastern Africa where witchcraft accusations are widespread and often irreparably harm those accused. In Malawi, the accused are mainly older women who are often blamed for bewitching young children.


Apparent Consistency Of Religion Clause Doctrine, The The Rehnquist Court And The First Amendment, Abner S. Greene Jan 2006

Apparent Consistency Of Religion Clause Doctrine, The The Rehnquist Court And The First Amendment, Abner S. Greene

Faculty Scholarship

A hallmark of religion clause scholarship is the complaint that the doctrine is a hopeless muddle. However, the Rehnquist Court brought a considerable amount of consistency-well, apparent consistency- to the doctrine. I say "apparent consistency" because, just as a paradox is only a seeming contradiction, so was the Rehnquist Court's religion clause jurisprudence only seemingly consistent. The doctrine focuses on whether the government singles out religion for special benefit (generally problematic under the Establishment Clause) or for special burden (generally problematic under the Free Exercise Clause). If, on the other hand, the government benefits religion as part of a ...


Religious Lawyering Critique, The Aals Presentations, Bruce A. Green Jan 2005

Religious Lawyering Critique, The Aals Presentations, Bruce A. Green

Faculty Scholarship

One might think about the relationship between law practice and religion in different ways, depending on how one views either the professional norms or religious belief and observance. Some of the most recent academic literature on "religious lawyering" is premised on a highly critical view of the profession's norms and a claim that religious convictions that bear on the practice of law are incompatible with, and preferable to, aspects of the professional norms. My purpose here is to identify, and raise some questions about, both this critique and this suggestion, and to show how they are in tension with ...


Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino Jan 2004

Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino

Fordham Urban Law Journal

This article examines the sexual abuse scandal that has racked the Roman Catholic Church since 1984, focusing in particular on how the Church's authority structure has responded and how the American civil court system has been used by victims to seek redress. It gives an overview of the Church's legal system, Canon Law, and the way that system and the Church leadership have dealt (or failed to deal) with the problem of sexual abuse. Part II takes a "long look back" to the history of sexual abuse and Canon Law before 1984. Part III details how the Church ...


The Collision Of Church And State: A Primer To Beth Din Arbitrarion And The New York Secular Courts, Ginnine Fried Jan 2004

The Collision Of Church And State: A Primer To Beth Din Arbitrarion And The New York Secular Courts, Ginnine Fried

Fordham Urban Law Journal

This Comment analyzes the interaction between secular courts and beth din proceedings (arbitration panels made up of specialists in halacha, or Jewish law). Part I examines the reasons why an independent Jewish religious court system is required and utilized despite the existence of a fair and equitable secular court system. It describes the Jewish legal principles involved, and how they impact both Jewish litigants and lawyers. Part II describes the mechanics of transforming a religious tribunal into a legally binding arbitration panel in New York State. Part III discusses the limited grounds upon which a beth din award may be ...


The First Amendment: Churches Seeking Sanctuary For The Sins Of The Fathers, Jeffrey R. Anderson, Mark A. Wendorf, Frances E. Baillon, Brant D. Penney Jan 2004

The First Amendment: Churches Seeking Sanctuary For The Sins Of The Fathers, Jeffrey R. Anderson, Mark A. Wendorf, Frances E. Baillon, Brant D. Penney

Fordham Urban Law Journal

This article examines whether the Free Exercise Clause or Establishment Clause of the First Amendment, or the judicial abstention doctrine, shields religious institutions from otherwise cognizable tort claims caused by their agents or employees. It concludes that the Constitution does not provide a religious institution with the right or privilege to operate as a law unto itself -- the institution must comply with the law of civil government. Part I provides a brief introduction and background on the First Amendment. Parts II, III, and IV analyze the Free Exercise Clause, judicial abstention doctrine, and the Establishment Clause, respectively, and how each ...


Advocacy And Compassion In The Jewish Tradition, Daniel B. Sinclair Jan 2003

Advocacy And Compassion In The Jewish Tradition, Daniel B. Sinclair

Fordham Urban Law Journal

This essay surveys the Talmudic sources dealing with the issue of advocacy in Jewish law, and highlights the element of compassion that underlies the permissive approach to advocacy in the Talmudic sources. It outlines post-Talmudic developments with a special emphasis on the way in which the medieval authorities synthesized the views of the two Talmuds on the question of advocacy, and how later halakhists pushed this synthesis to its limits in order to pave the way for the emergence of the rabbinical pleader of modern times. This essay concludes with a brief remark on the link between compassion and advocacy ...


Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen Jan 2002

Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen

Fordham Urban Law Journal

This Article explores the emerging positions that Protestants may have on new reproductive technologies (NRTs). Although there is no central teaching, there are main points of agreement among Protestants and other Christians regarding the morality of using reproductive technology. The author examines Protestant teachings on the meaning of procreation, the good of the resulting children and the integrity of family bonds to show that these technologies are generally morally acceptable, but with certain limitations.


Assisted Reproduction In Jewish Law, Daniel B. Sinclair Jan 2002

Assisted Reproduction In Jewish Law, Daniel B. Sinclair

Fordham Urban Law Journal

This Article attempts to untangle Jewish law regarding assisted reproductive technologies (ARTs), namely artificial insemination with husband's sperm, artificial insemination with donor sperm, and in vitro fertilization. The author examines teachings by prominent Jewish law scholars and clarifies basic schools of thought regarding each method. He explores Jewish law prohibitions on incest and adultery and the laws regarding legal parentage and lineage of the child and explains the consequences of ARTs on those laws.


The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel Jan 2002

The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel

Fordham Urban Law Journal

This Article gives a brief overview of Islamic views on assisted reproductive technologies (ARTs). Islamic law is applied to ARTs to determine what may be lawful and/or moral and what may be impermissible. The article examines artificial insemination, in vitro fertilization, surrogacy and cloning.


Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare Jan 2002

Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare

Fordham Urban Law Journal

This Article sets forth the fundamental teachings from which the Roman Catholic Chruch derives its positions on New Reproductive Technologies (NRTs). It further demonstrates the application of these teachings to some of the specific medical techniques commonly used in the course of NRTs. The Church's legislative recommendations are then summarized.


Dialogue On The Practice Of Law And Spiritual Values, James F. Henry, Joseph Allegretti, Robert A. Baruch Bush, Dr. Sarah Cobb Jan 2001

Dialogue On The Practice Of Law And Spiritual Values, James F. Henry, Joseph Allegretti, Robert A. Baruch Bush, Dr. Sarah Cobb

Fordham Urban Law Journal

This dialogue focuses on the relationship between religious/moral values and the various methods employed to resolve legal conflicts, with a primary focus on alternative dispute resolution techniques. General topics touched on include the intangible benefits of ADR (such as better relationships, transformative potential, and the effectiveness of apology) and new moral/ethical problems involved with practicing ADR. Joseph Allegretti explores two questions: (1) why Christianity provides a theoretical justification for ADR, and (2) what a Christian approach to ADR might look like. In an essay exploring the Jewish perspective on ADR, Robert Baruch Bush analyzes the Talmud's explicit ...


Faith And The Lawyer's Practice Symposium: Law Religion And The Public Good, Russell G. Pearce Jan 2001

Faith And The Lawyer's Practice Symposium: Law Religion And The Public Good, Russell G. Pearce

Faculty Scholarship

If there is a religious way to read, is there a religious way to be a lawyer? More and more lawyers, judges and scholars are answering yes to that question. We heard earlier from Cardinal Bevilacqua about the history of the Religious Lawyering Movement, which blossomed in the 1990s. There was writing about the law and religion before that time." We can date religious lawyering as a body of work in mainstream legal literature, as Cardinal Bevilacqua did, to the work of Professor Thomas Shaffer in the 1980s.Why did this movement take off in the 1990s? Again, what accounts ...


To Engage In Civil Practice As A Lawyer, James L. Nolan Jan 1999

To Engage In Civil Practice As A Lawyer, James L. Nolan

Fordham Urban Law Journal

Society can realize the justice it craves through virtuous lawyers doing their jobs well. In this context of the crucially important role lawyers play in society, the claimed spiritual crisis of the lawyer's professional bearings takes on greater concern. This Essay explores some of the dimensions of a spiritual crisis which lawyers now face and suggests how one might more effectively bridge the gap ebtween religious faith and legal practice to better serve clients and society.


A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter Jan 1999

A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter

Fordham Urban Law Journal

Louis D. Brandeis is the presiding eminence in the story of the encounter of Jewish with the American legal order. In the centuries since Brandeis started practicing law, Jews have flourished exceedingly in both the legal professional mainstream (practitioners, judiciaries, academics) and the public interest sector. Can this extravagant participation in both hemispheres of the world of American lawyering be explained by something unique to the Jewish tradition or experience? This Essay addresses that question by focusing on Brandeis, who manifests in his person both sides of this extraordinary flourishing. Brandeis seems a felicitous path to understanding, not because he ...


Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin Jan 1999

Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin

Faculty Scholarship

On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights. 1 The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing the rights of conscience." 2 Now, on the 20th, before the House could formally adopt Livermore's language, Representative Ames proposed a different wording ...


Vocation As Curse, F. Giba-Matthews, Ofm Jan 1999

Vocation As Curse, F. Giba-Matthews, Ofm

Fordham Urban Law Journal

This Essay argues that while legal work as a vocation may have positive effects for society as a whole, as well as overall benefits for the legal profession, vocation could very well hurt the lawyer "called" to take up such a vocation. A vocation is not simply the application of one's religious belieft to the practice of law; rather, it is a "burning fire" in a lawyer's soul which the lawyer "cannot contain." Thus, a lawyer's vocation becomes an overwhelming priority. Part I of this Essay provides an explanation of the biblical underpinnings of vocation through a ...


Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine Jan 1997

Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Fordham Urban Law Journal

Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This ...


Kiryas Joel And Two Mistakes About Equality , Abner S. Greene Jan 1996

Kiryas Joel And Two Mistakes About Equality , Abner S. Greene

Faculty Scholarship

In 1948, Rebbe Joel Teitelbaum founded the congregation Yetev Lev D'Satmar in Williamsburg, Brooklyn. Over the next twenty-five years, the Satmar Hasidic sect grew, and members started thinking about leaving the urban, heterogeneous setting for a place where they could live in relative isolation. In 1974, Satmar families began leaving Brooklyn for upstate New York. They purchased property in the Town of Monroe, and later, after a zoning dispute with the Town, incorporated as the Village of Kiryas Joel. As of 1990, approximately 10,000 Satmar Jews lived in or around the Village. The Satmars dress in conformance with ...