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Articles 1 - 30 of 56
Full-Text Articles in Law
Symposium On Religious Law: Roman Catholic, Islamic, And Jewish Treatment Of Familial Issues, Including Education, Abortion, In Vitro Fertilization, Prenuptial Agreements, Contraception, And Martial Fraud, Azizah Y. Al-Hibri
Law Faculty Publications
This symposium offers perspectives from three religious law traditions: Roman Catholicism, Islam, and Judaism. Each of the three legal traditions offers a comprehensive, normative system that translates doctrine into practice and religious values into concrete directives. While the place of theological law differs in the respective religious bodies, each body asserts a binding authority over its confessional members.
Where To Pray? A Survey Regarding Prayer Rooms In Ab.A Accredited, Religiously Affiliated Law Schools, David L. Gregory
Where To Pray? A Survey Regarding Prayer Rooms In Ab.A Accredited, Religiously Affiliated Law Schools, David L. Gregory
BYU Law Review
No abstract provided.
The Pope's Submarine, John H. Garvey
The Pope's Submarine, John H. Garvey
San Diego Law Review
This Article looks at the conflict between religious authority and liberal politics from a point of view within the Catholic Church. It examines the grounds of the teaching authority asserted by the Church, the scope and strength of that authority, and the possibility that obedience to authority will create dilemmas for religiously committed public officials. For purposes of illustration it uses New York Governor Mario Cuomo's religious and political observations on the subject of abortion.
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
San Diego Law Review
This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
San Diego Law Review
This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.
Love, Justice, And Power, David F. Forte
Love, Justice, And Power, David F. Forte
Law Faculty Articles and Essays
Abortion is the quintessential act of power.
Section 4: Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Aaron Kirschenbaum On Equity In Jewish Law, Steven F. Friedell
Aaron Kirschenbaum On Equity In Jewish Law, Steven F. Friedell
BYU Law Review
No abstract provided.
The Pharisees And The Sadducees: Rethinking Their Respective Outlooks On Jewish Law, Gregory R. Knight
The Pharisees And The Sadducees: Rethinking Their Respective Outlooks On Jewish Law, Gregory R. Knight
BYU Law Review
No abstract provided.
Family Planning And Islamic Jurisprudence, Azizah Y. Al-Hibri
Family Planning And Islamic Jurisprudence, Azizah Y. Al-Hibri
Law Faculty Publications
In this speech, the author provides a brief overview of Islamic jurisprudence on the subject matter and does not recommend any particular position with respect to the debate on family planning. The author, however, wishes to emphasize to the reader the importance of correctly analyzing arguments and factors involved in the particular situation under consideration, in light of all relevant communal as well as individual factors. The author also wishes to emphasize the importance of formulating all such analysis free from all forms of compulsion and coercion, whether conscious or subconscious, individual or organized, including that of targeted advertising campaigns. …
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith
BYU Law Review
No abstract provided.
Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku
Traditionalism, Secularism, And The Transformative Dimension Of Religious Institutions, W. Cole Durham Jr., Alexander Dushku
BYU Law Review
No abstract provided.
Getting The Word, David Luban
Getting The Word, David Luban
Michigan Law Review
A Review of The Word and the Law by Milner S. Ball
The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman
The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman
Indiana Law Journal
No abstract provided.
Liberty And Equality Under The Religion Clauses Of The First Amendment, Kenneth W. Starr
Liberty And Equality Under The Religion Clauses Of The First Amendment, Kenneth W. Starr
BYU Law Review
No abstract provided.
God Is Dead And We Have Killed Him!: Freedom Of Religion In The Post-Modem Age, Michael W. Mcconnell
God Is Dead And We Have Killed Him!: Freedom Of Religion In The Post-Modem Age, Michael W. Mcconnell
BYU Law Review
No abstract provided.
Monistic And Dualistic Paths To Radical Secularism: Comments On Tushnet, Ralph C. Hancock
Monistic And Dualistic Paths To Radical Secularism: Comments On Tushnet, Ralph C. Hancock
BYU Law Review
No abstract provided.
The Religious Freedom Restoration Act, Douglas Laycock
The Religious Freedom Restoration Act, Douglas Laycock
BYU Law Review
No abstract provided.
Religion, Zoning, And The Free Exercise Clase: The Impact Of Employment Division V. Smith, Bradley Donald Parkinson
Religion, Zoning, And The Free Exercise Clase: The Impact Of Employment Division V. Smith, Bradley Donald Parkinson
Brigham Young University Journal of Public Law
No abstract provided.
No Constitutional Shelter: The Ninth Circuit's Reading Of The Hybrid Claims Doctrine In American Friends Service Committee Corp. V. Thornburgh, Shawn Gunnarson
No Constitutional Shelter: The Ninth Circuit's Reading Of The Hybrid Claims Doctrine In American Friends Service Committee Corp. V. Thornburgh, Shawn Gunnarson
Brigham Young University Journal of Public Law
No abstract provided.
Surprised By Law, Emily Fowler Hartigan
The Religion Clause: A Double Guarantee Of Religious Liberty, Edward Mcglynn Gaffney Jr.
The Religion Clause: A Double Guarantee Of Religious Liberty, Edward Mcglynn Gaffney Jr.
BYU Law Review
No abstract provided.
Employment Division V. Smith And The Decline Of Supreme Court-Centrism, Ira C. Lupu
Employment Division V. Smith And The Decline Of Supreme Court-Centrism, Ira C. Lupu
BYU Law Review
No abstract provided.
State Constitutional Protection Of Religious Exercise: An Emerging Post-Smith Jurisprudence, Angela C. Carmella
State Constitutional Protection Of Religious Exercise: An Emerging Post-Smith Jurisprudence, Angela C. Carmella
BYU Law Review
No abstract provided.
Subsidies For Expression And The Future Of Free Exercise, Wayne Mccormack
Subsidies For Expression And The Future Of Free Exercise, Wayne Mccormack
BYU Law Review
No abstract provided.
The Inequality Of Anti-Establishment, William P. Marshall
The Inequality Of Anti-Establishment, William P. Marshall
BYU Law Review
No abstract provided.
The Religious Freedom Restoration Act: Legislative Choice And Judicial Review, Rex E. Lee
The Religious Freedom Restoration Act: Legislative Choice And Judicial Review, Rex E. Lee
BYU Law Review
No abstract provided.
Conflicting Paradigms Of Religious Freedom: Liberty Versus Equality, Stephen Pepper
Conflicting Paradigms Of Religious Freedom: Liberty Versus Equality, Stephen Pepper
BYU Law Review
No abstract provided.
Postmodernist Architectures In The Law Of Religion, Ruti G. Teitel
Postmodernist Architectures In The Law Of Religion, Ruti G. Teitel
BYU Law Review
No abstract provided.
The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur
The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur
Faculty Articles
In this article, we focus on the interaction of Anglo-American criminal law and Protestant theological doctrine. We argue (1) that the sixteenth-century Protestant theological doctrine of the uses of moral law provided a critical analogue, if not antecedent to the classic Anglo-American doctrine of the purposes of criminal law and punishment; and (2) that this theological doctrine provides important signposts to the development of a more integrated moral theory of criminal law and punishment in late twentieth century America.
Part One of this Article sets out the theological doctrine of the "civil," "theological," and "educational" uses of the moral law, …