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Articles 1 - 27 of 27
Full-Text Articles in Law
Universals And Particulars: A Comment On Women's Human Rights And Religious Marriage Contracts, Carol Weisbrod
Universals And Particulars: A Comment On Women's Human Rights And Religious Marriage Contracts, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Civil Enforceability Of Religious Prenuptual Agreements, Michelle Greenberg-Kobrin
Faculty Articles
In the years since Perri Victor's divorce has been finalized, she has tried to move on with her life. She is raising a young daughter from that marriage and finishing up law school. Perri and Warren Victor were married in an Orthodox Jewish ceremony in Florida in 1976. They received a civil divorce in 1990. However, as an Observant Jew, Perri cannot remarry until Warren gives her a Jewish religious divorce known as a get. Since late 1987, she has been pleading with Warren to give her a get. When Warren asked her to give up a portion of her …
Religion And Democracy, Steven H. Shiffrin
Religion And Democracy, Steven H. Shiffrin
Cornell Law Faculty Publications
Should citizens armed with religious reasons for public policy outcomes present those reasons in the public forum or otherwise rely on them in making decisions? Those questions have produced a flurry of scholarship, both within and outside of the law. Moreover, as Kent Greenawalt's work richly demonstrates, these related questions raise many more questions still. Do the answers to those questions differ, for example, if the citizen is a judge, a legislator, a columnist, a religious leader, or a "mere" voter? Are some religious reasons acceptable for presentation in a public forum, but not others?
If one holds a constricted …
Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle
Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
The Duty To Rescue And The Exodus Meta-Narrative Of Jewish Law, Sheldon Nahmod
The Duty To Rescue And The Exodus Meta-Narrative Of Jewish Law, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Book Preface, Hendrik Hartog, Thomas A. Green
Book Preface, Hendrik Hartog, Thomas A. Green
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
At her death in December 1997, Betsy Clark had been working for more than a dozen years on a study tentatively entitled "Women, Church and State: Religion and the Culture of Individual Rights in Nineteenth-Century America." Between 1987 and 1995, several of the planned chapters had appeared in law reviews and in history journals. Another chapter had been written and revised before and during the first stages of her illness. Two chapters can be found in preliminary form in her 1989 Princeton dissertation and had been presented to a colloquium at Harvard Law School. But other chapters planned for the …
Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck
Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck
Faculty Publications
In neutrality theory the recipients of vouchers, grants, and purchase-of-service contracts are eligible to participate as providers in government social service programs without regard to their religious character. Indeed, religious beliefs and practices are prohibited bases for screening out those who want to be welfare program providers. Notable examples of congressional social service legislation conforming to the rule of religious neutrality are the ‘charitable choice‘ feature imbedded in the Welfare Reform Act of 1996 and the Community Services Block Grant Act of 1998, as well as the provision allowing issuance of child care vouchers to indigent parents in the Child …
Tax Exemptions And The Establishment Clause, Erika Lietzan
Tax Exemptions And The Establishment Clause, Erika Lietzan
Faculty Publications
Churches are exempted from a variety of taxes collected by the various levels and jurisdictions of government in the United States. For instance, they are almost always exempt from payment of property tax at the local level and from payment of income tax to both state and federal government. They are often exempt from payment of state sales tax on the products they sell. A person making a contribution to a religious organization is usually entitled to deduct the contribution from his income when calculating both his state and his federal income taxes at the end of the taxable year. …
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
This book not only represents the culmination of Michael J. Perry’s thoughtful and important deliberation (two other books and numerous articles) on the proper relation of morality (especially religious morality) to politics and law, but it also presents arguments that are very accessible to those in religious studies, philosophy, political science, and law.
Chapter 2 - Anticlericalism And Antistatism, Elizabeth B. Clark
Chapter 2 - Anticlericalism And Antistatism, Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
Note: This is the first draft of the second chapter of a manuscript which through the lens of abolitionism and women's rights, traces the transformation of the ideology of individual rights over the course of the nineteenth century as it expanded to encompass, not just rights in the civil sphere, but rights of the person in private life. Part I of this paper examines nineteenth-century intellectual movements that located moral authority in the individual; Part II outlines the attack on authority within liberal Protestantism; Part III traces the extension of that critique to the state; and Part IV discusses the …
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Reviews
Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect …
Prayer At Public School Graduation Ceremonies: Exercise In Futility Or A Teachable Moment?, Charles J. Russo
Prayer At Public School Graduation Ceremonies: Exercise In Futility Or A Teachable Moment?, Charles J. Russo
Educational Leadership Faculty Publications
Due to conflicting lower court judgments on the propriety of prayer at public school graduation ceremonies, this question will return to the Supreme Court. This article is divided into three major sections. Part I briefly recites the history of the Establishment Clause and education. Part II examines case law relevant to prayer at public school graduation ceremonies. This section begins with a brief examination of the cases prior to Lee. It next reviews the majority and dissenting opinions in Lee in some detail to show how the diametrically opposed views of Justices Kennedy of the majority and Scalia of the …
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
LLM Theses and Essays
Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Revaluing Restitution: From The Talmud To Postsocialism, Michael A. Heller, Christopher Serkin
Faculty Scholarship
Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect differences in national understandings of sharing, property, and even personhood. As …
In God's Image: The Religious Imperative Of Equality Under Law, George P. Fletcher
In God's Image: The Religious Imperative Of Equality Under Law, George P. Fletcher
Faculty Scholarship
This Essay argues that the principle of equality under law is best grounded in a holistic view of human dignity. Rejecting modem attempts to justify equality by reducing humanity to a particular actual characteristic, it articulates a religious imperative to treat people equally by drawing on biblical as well as modern philosophical sources. The principle "all men are created equal," as celebrated in the Declaration of Independence and Gettysburg Address, draws on this holistic understanding of humanity. This admittedly romantic approach to equality generates a critique of contemporary Supreme Court doctrine, including the prevailing approaches to strict scrutiny, affirmative action, …
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
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. He moved …
From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French
From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French
Journal Articles
No abstract provided.
Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt
Progressive Constitutionalism: Conceptions Of Interpretation And The Religion Clauses, Kent Greenawalt
Faculty Scholarship
In this paper, I concentrate on the narrower, more typical topic of judicial interpretation. At least in regard to the religion clauses, this may be warranted because any progressive constitution would probably include something similar to the Free Exercise and Establishment Clauses, and these would be judicially enforceable to some degree.
The first part of this essay explores relations between progressive values and interpretive approaches. When I asked myself how a judge, committed to progressive values, would interpret the Federal Constitution, I was troubled by whether a progressive approach would be activist or restrained in relation to legislative authority. I …
Justification By Faith, Carl E. Schneider
Justification By Faith, Carl E. Schneider
Articles
In June 1997 a sixteen-year-old girl named Shannon Nixon began to feel ill. Her parents belonged to the Faith Tabernacle Church, one of a number of American sects which believe that illness should be treated spiritually rather than medically. Accordingly, the Nixons prayed for Shannon and took her to be anointed at their church. Shannon reported that she felt better and that the spiritual treatment had gained her her victory-her recovery. Before long, however, Shannon again felt ill. She became weaker and weaker and then fell into a coma. A few hours later she died. An autopsy revealed that she …
Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle
Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The World’S Youngest Political Prisoner, Richard Klein
The World’S Youngest Political Prisoner, Richard Klein
Scholarly Works
Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …
Religion And The Public Defender, Sadiq Reza
Religion And The Public Defender, Sadiq Reza
Articles & Chapters
It takes a special breed to have the understanding, compassion
and dedication to do what criminal defense lawyers do .... As
for public defenders - they are doing God's work. If Christ had
been a lawyer, he would have been a public defender.
Virtually all public defenders fight a daily battle against burnout
and the creeping erosion of confidence that inevitably accompany
defending acts we cannot condone and protecting those who are
the source of so much harm and grief. . . . Whether the process
unfolds subtly or suddenly, all defenders must confront the disturbing
consequences of their zealous …
Vouchsafing Democracy: On The Confluence Of Governmental Duty, Constitutional Right, And Religious Mission Symposium On Law And Religion, Ruti Teitel
Articles & Chapters
No abstract provided.
Death, Dying, And Burial: Approaches In Religious Law And Practice, William J. Wagner
Death, Dying, And Burial: Approaches In Religious Law And Practice, William J. Wagner
Scholarly Articles
No abstract provided.
Régime Des Cultes Et Liberté Religieuse En Europe: Relectures Américaines, Robert A. Destro
Régime Des Cultes Et Liberté Religieuse En Europe: Relectures Américaines, Robert A. Destro
Scholarly Articles
No abstract provided.
The Bishops' New Statement On Abortion: Why It Isn't Accomplishing Much Of Anything., Raymond B. Marcin
The Bishops' New Statement On Abortion: Why It Isn't Accomplishing Much Of Anything., Raymond B. Marcin
Scholarly Articles
No abstract provided.
Diverse Perspectives And The Religion Clauses: An Examination Of Justifications And Qualifying Beliefs, Kent Greenawalt
Diverse Perspectives And The Religion Clauses: An Examination Of Justifications And Qualifying Beliefs, Kent Greenawalt
Faculty Scholarship
Some of the most complex questions about constitutional provisions governing religion concern the status of various kinds of convictions. Put most simply, how do undoubted religious convictions compare with convictions that appear to have little to do with religion, with convictions that derive from negative answers to religious questions, and with convictions that seem to be on some borderline of what may count as religion? In this Essay, I focus on two kinds of questions about this range of convictions.
Part I of the Essay explores justifications underlying the religion clauses of federal and state constitutions. It asks how explicitly …