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Articles 1 - 7 of 7

Full-Text Articles in Law

The Role Of Culture In The Creation Of Islamic Law, John Hursh Oct 2009

The Role Of Culture In The Creation Of Islamic Law, John Hursh

Indiana Law Journal

No abstract provided.


A Look At Traditional Islam's General Discord With A Permanent System Of Global Cooperation, Meghan E. Tepas Jul 2009

A Look At Traditional Islam's General Discord With A Permanent System Of Global Cooperation, Meghan E. Tepas

Indiana Journal of Global Legal Studies

In today's world, nation-states do not operate in isolation. Rather, the myriad global organizations and cross-border treaties evidence that the post-World War II political climate is one of interconnectedness and cooperation between states. Against this backdrop, this Note surveys the tension between the current global world order and a strict adherence to traditional source-based application of Islamic law, Shari'a. The tension begins with the concept of statehood, seemingly absent in traditional Islam, and continues with the Islamic unification of religion and state and its limited role for a political leader. Using Iran as an example, this Note argues that political …


Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman Apr 2009

Interfaith Marriage In Islam: An Examination Of The Legal Theory Behind The Traditional And Reformist Positions, Alex B. Leeman

Indiana Law Journal

No abstract provided.


Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles Apr 2009

Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech, Johnny Rex Buckles

Indiana Law Journal

No abstract provided.


The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press Jan 2009

The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press

Indiana Law Journal

Religious custody disputes such as those at the Fundamentalist Church of Jesus Christ of Latter-Day Saints compound in April, 2008 are very complex and are finding their way into courts with increasing regularity. This Essay argues that in responding to these religious custody disputes, courts should abstain from either analyzing a parent’s religious practices for their perceived “risks of harm” to the child, or from applying a flat rule to ensure that the custodial parent’s religious preferences take primacy. Instead, courts should employ the actual or substantial harm standard—which would only bar a parent from fully practicing her religion if …


Book Review. Liberty: Rethinking An Imperiled Ideal By Glenn Tinder, Daniel O. Conkle Jan 2009

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

Articles by Maurer Faculty

No abstract provided.


"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra Jan 2009

"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra

Articles by Maurer Faculty

A variety of scholars and commentators have been recently exploring the connections between religion and current U.S. tax policy. The relationship between religion and American taxation, however, runs much deeper than our present period. Indeed, it is no coincidence that roughly a century ago the foundations of our current tax system were taking shape at the height of the religious and ethical fervor known as the Social Gospel movement. At that time, religious and ethical sentiments played a central, though ambivalent, role in fiscal reform. This Article investigates the influence of religious and ethical values on the tax reform struggles …