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Articles 31 - 40 of 40
Full-Text Articles in Law
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa
Faculty Scholarship
No abstract provided.
Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi
Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi
Michigan Journal of International Law
This article critiques the rape laws of Pakistan from an Islamic point of view which is careful to include women's perspectives in its analysis. Unlike much of what is popularly presented as traditional Islamic law, this woman-affirming Islamic approach will reveal the inherent gender-egalitarian nature of Islam, which is too often ignored by its academics, courts, and legislatures. This article will demonstrate how cultural patriarchy has instead colored the application of certain Islamic laws in places like Pakistan, resulting in the very injustice which the Quran so forcefully condemns.
Civilizing Religion, Kurt T. Lash
Civilizing Religion, Kurt T. Lash
Law Faculty Publications
Is it appropriate to restrict abortion at any stage in pregnancy on the ground that human life is sacred? Should the public square be open to biblical arguments against homosexuality? Or, to frame the issue in a more scholarly fashion: What role may religious arguments play, if any, either in public debate about what political choices to make or as the private basis of a political choice? In his recent book, Religion in Politics: Constitutional and Moral Perspectives, Michael Perry addresses these questions as a matter of constitutional law and political morality. Perry has been down this road before, most …
Habermas’S Discourse Theory Of Law And The Relationship Between Law And Religion, Mark C. Modak-Truran
Habermas’S Discourse Theory Of Law And The Relationship Between Law And Religion, Mark C. Modak-Truran
Journal Articles
The relationship between law and religion has become the subject of a sustained and robust debate. However, unlike earlier theological attempts to ground law in religion or the Divine, participants in the modem debate rarely, if ever, argue for a theological or religious legitimation of law. Either implicitly or explicitly, there appears to be a modem consensus among legal scholars and philosophers that the world has been disenchanted. The world can no longer be viewed as an integrated, meaningful whole under a comprehensive religious or metaphysical worldview, and law can no longer be legitimized by its religious or metaphysical foundations. …
"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine
"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine
Touro Law Review
No abstract provided.
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Faculty Articles
Because law and religion are by themselves complex cultural and historical issues, any study of the interaction between the two will be at least as complicated. If one is to understand both a State's current religio-legal regime and what reform measures are most likely to succeed there, it is necessary to understand at least a little of the nation's history and majority religion. Therefore, Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why …
Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler
Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler
Faculty Scholarship
Despite the Supreme Court's 1987 decision in Edwards v. Aguillard, striking down Arkansas' statute requiring equal time for the teaching of creationism and evolution, the debate over whether some form of creationism should be taught in public schools has recently enjoyed a resurgence. In this note, Jay Wexler applies the Supreme Court's Establishment Clause to a new variant of creationism that posits the existence of an intelligent designer as an alternative to evolution. Wexler argues that teaching intelligent design theory in the public schools violates the Establishment Clause. After explaining that the Supreme Court has always applied the Establishment Clause …
A Constitutional Case For Governmental Cooperation With Faith-Based Social Service Providers, Carl H. Esbeck
A Constitutional Case For Governmental Cooperation With Faith-Based Social Service Providers, Carl H. Esbeck
Faculty Publications
This Article will refer to separationism as based on "older assumptions." The Court's presuppositions concerning the nature and contemporary value of religion and the proper role of modem government underlie what will be referred to as a "traditional analysis" of the case law. Part I is a partial overview of the Supreme Court's cases since Everson, and has the goal of making the strongest arguments-within the framework of separationism-for the constitutionality of governmental welfare programs that permit participation by faith-based social service providers.
Part II is about separationism's major competitor, a theory centered on the unleashing of personal liberty to …
The Improbability Of Religion Clause Theory, Frederick Mark Gedicks
The Improbability Of Religion Clause Theory, Frederick Mark Gedicks
Faculty Scholarship
No abstract provided.
Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin
Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin
Scholarly Works
No abstract provided.