Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (66)
- Pepperdine University (38)
- SelectedWorks (15)
- Brigham Young University Law School (10)
- Chicago-Kent College of Law (8)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- University of Michigan Law School (4)
- University of Pittsburgh School of Law (4)
- Villanova University Charles Widger School of Law (4)
- Cornell University Law School (3)
- Loyola University Chicago, School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- American University Washington College of Law (2)
- Georgetown University Law Center (2)
- Mitchell Hamline School of Law (2)
- Pace University (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Colorado Law School (2)
- University of Missouri School of Law (2)
- University of Richmond (2)
- Andrews University (1)
- Barry University School of Law (1)
- California Polytechnic State University, San Luis Obispo (1)
- Duquesne University (1)
- Liberty University (1)
- Maurer School of Law: Indiana University (1)
- Mercer University School of Law (1)
- New York Law School (1)
- Schulich School of Law, Dalhousie University (1)
- Keyword
-
- Religion (48)
- Establishment Clause (17)
- Law & Religion (16)
- Establishment clause (10)
- First Amendment (10)
-
- Church and state (9)
- Freedom of religion (9)
- Practice of law (9)
- Christianity (8)
- Direito Constitucional (8)
- Supreme Court (8)
- Crise (7)
- Free exercise clause (6)
- Law and Religion (6)
- Vocation (6)
- Abortion (5)
- Constitution (5)
- Discrimination (5)
- Essays about the Arab Awakening (2011) (5)
- Free exercise (5)
- Islamic law (5)
- Jurisprudence (5)
- Ministerial exception (5)
- Political Philosophy / Political Science (5)
- Religious Freedom Restoration Act (5)
- Theology (5)
- Arab Awakening (4)
- Arbitration (4)
- Catholic Church (4)
- Constituição (4)
- Publication
-
- Pepperdine Law Review (32)
- Paulo Ferreira da Cunha (23)
- Michael A Helfand (16)
- BYU Law Review (9)
- Chicago-Kent Law Review (7)
-
- Ahmed E SOUAIAIA (6)
- Pepperdine Dispute Resolution Law Journal (6)
- Articles (5)
- Lorin C. Geitner (5)
- Faculty Scholarship (4)
- Michele Carducci Prof. (4)
- Braden W Johnson (3)
- Cornell Law Faculty Publications (3)
- Jorge Adame Goddard (3)
- Neil J Foster (3)
- Supreme Court Briefs (3)
- Working Paper Series (3)
- All Faculty Scholarship (2)
- Chad G. Marzen (2)
- Faculty Publications (2)
- Faculty Publications & Other Works (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Michigan Journal of Race and Law (2)
- Patricia E. Salkin (2)
- Publications (2)
- Scholarly Articles (2)
- Scholarly Works (2)
- Touro Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- Abdullahi Saliu Ishola (1)
- Publication Type
Articles 181 - 203 of 203
Full-Text Articles in Law
Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter
Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter
Publications
Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion. Congress's subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for religious practice through the legislative and administrative process have received tremendous attention from legal scholars. Lost in this conversation, however, have been the American Indians at the center of the Smith case. Indeed, for them, the decision criminalizing the possession of their peyote sacrament was …
Conceptualizing Shari'a In The Modern State, Khaled Abou El Fadl
Conceptualizing Shari'a In The Modern State, Khaled Abou El Fadl
Villanova Law Review
THIS Article addresses the animated and evolving role that Shari'a, i.e., the system of Islamic jurisprudence collectively or generally, and Shari'a conceptions play in the contemporary world. There are various manifestations of this evolving role in the often dynamic, subtle, highly negotiated, and far from formalistic ways that Shari'a is animated in today's world. There are three main points that I will address in this Article. First is to provide some insight into the various ways that Shari'a has been manifesting in the recent revolutions sweeping through the Arabic-speaking world, while at the same time contrasting the rather curious case …
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Working Paper Series
This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
Scholarly Articles
This Article argues that challenges made to family law structures have provoked a significant reaction from persons and religious organizations advocating a distinctive worldview based on religious and historical values. Additionally, as family law changes from being a product of a religioushistorical worldview to being a product of private-ordering, the religious liberty of worldview adherents has been challenged. The struggle is apparent in the debates during the 2012 presidential election and is evidenced in government mandates that include, among other requirements, that employersincluding religious organizations-provide insurance coverage for employees that include contraception. Although many aspects of family law have been …
The Constitutional Right Not To Kill, Mark L. Rienzi
The Constitutional Right Not To Kill, Mark L. Rienzi
Scholarly Articles
Federal and state governments participate in and/or permit a variety of different types of killings. These include military operations, capital punishment, assisted suicide, abortion and self-defense or defense of others. In a pluralistic society, it is no surprise that there will be some members of the population who refuse to participate in some or all of these types of killings. The question of how governments should treat such refusals is older than the Republic itself. Since colonial times, the answer to this question has been driven largely by statutory protections, with the Constitution playing a smaller role, particularly since the …
Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks
Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks
Faculty Journal Articles and Book Chapters
This note introduces a Grand Chamber of the European Court of Human Rights decision which considered whether disparate outcomes from different court systems of the same state evaluating the same set of facts constituted a violation of the European Convention’s right to a fair hearing. While discussion of micro level Turkish procedural issues is required, the Şahin case also provides broader, macro lessons on the legitimacy of military court decisions.
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
At common law, and (for most of the nation's history) under state statutory regimes, the authority of the parent to direct the child's upbringing was a matter of duty, not right, and chief among parental obligations was the duty to provide the child with a suitable education. It has long been a legal commonplace that at common law the parent had a "sacred right" to the custody of his or her child, that the parent's right to control the upbringing of the child was almost absolute. But this reading of the law is sorely anachronistic, less history than advocacy on …
Reutter’S The Law Of Public Education, Charles J. Russo
Reutter’S The Law Of Public Education, Charles J. Russo
Educational Leadership Faculty Publications
This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.
Oklahoma's Save Our State Amendment: Two Issues For The Appeal, John T. Parry
Oklahoma's Save Our State Amendment: Two Issues For The Appeal, John T. Parry
Oklahoma Law Review
No abstract provided.
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
Scholarly Works
This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom?, Michael Helfand
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom?, Michael Helfand
Michael A Helfand
This introduction provides a preface to the Pepperdine Law Review symposium from the Third Annual Religious Legal Theory Conference on "The Competing Claims of Law & Religion: Who Should Influence Whom." As the introduction notes, the relationship between law and religion is both fraught with tension but also provides great opportunity. In so doing, the introduction sketches some of the varied responses to conflicts between law and religion, providing a brief overview of the papers included in the symposium issue.
Issues Of Law And Religion In The News -- Amish Beard Cutters, Hate Crimes, And The Limits Of The Commerce Clause, Lorin Geitner
Issues Of Law And Religion In The News -- Amish Beard Cutters, Hate Crimes, And The Limits Of The Commerce Clause, Lorin Geitner
Lorin C. Geitner
Amish are being tried under a Federal Hate Crimes statute in Ohio for cutting the beards of elders in another Amish community. Why such a strange form of assault? Since this is an Amish on Amish crime, does it constitute a hate crime? And is the reliance of the statute on the commerce clause over-reaching, and potentially under-reaching as well?
Social Architecture And The Law, Lorin Geitner
Social Architecture And The Law, Lorin Geitner
Lorin C. Geitner
The reputation of attorneys has steadily declined over the last 50 years. How can we determine why this has occurred? Given the relatively high reputation of British Barristers, a comparison of US and British court room arrangement and practice may provide some clues, and the heuristic of "critical spatial studies" provides a methodology.
Issues Of Law And Religion In The News -- Hutterites, Lorin Geitner
Issues Of Law And Religion In The News -- Hutterites, Lorin Geitner
Lorin C. Geitner
The Hutterites are an Anabaptist group who live communally. This lifestyle has allowed them to compete against private construction firms in Montana. A new law requires the Hutterites to carry workers compensation for their members who work in construction. The Hutterites counter that they already have provisions in their society that provide all the coverage provided by workers compensation. The legislator who sponsored this bill says this bill is needed to provide an even playing field. What are the Hutterites history, beliefs and practices which lead them to believe this is redundant? What are the legal principles involved? Who is …
Issues Of Law And Religion In The News -- Mennonites, Lorin Geitner
Issues Of Law And Religion In The News -- Mennonites, Lorin Geitner
Lorin C. Geitner
An ordinance in Mitchell county, Iowa, forbade the use of tractors with steel-rim tires on county roads, for the sake of road preservation. The Groffdale Old Order Mennonites, however, require their members to use just such tires, for religious reasons. When a Mennonite youth received a citation for driving such a tractor on the road, it set off a nearly prototypical Church/State conflict. What do steel-rim tires have to do with religion? And does the county's concern with preserving roads trump this religious practice, or vice versa?
Issues Of Law And Religion, In The News -- Non-Catholic Teachers Fired For Fertility Treatments, Lorin Geitner
Issues Of Law And Religion, In The News -- Non-Catholic Teachers Fired For Fertility Treatments, Lorin Geitner
Lorin C. Geitner
Two non-Catholic teachers had been fired from Catholic schools, for breaching Catholic doctrine when it comes to acceptable fertility treatments. Has the Catholic Church breached its employment contracts with these teachers? If so, would it still be protected under the ministerial exception?
'We Have The Right Not To Be "Rescued"…': When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers (Peer-Reviewed), Aziza Ahmed, Meena Seshu
'We Have The Right Not To Be "Rescued"…': When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers (Peer-Reviewed), Aziza Ahmed, Meena Seshu
Aziza Ahmed
No abstract provided.
Saving The Preachers The Tax Code's Prohibition On Church Electioneering, Nicholas P. Cafardi
Saving The Preachers The Tax Code's Prohibition On Church Electioneering, Nicholas P. Cafardi
Nicholas P. Cafardi
El Proyecto De Reforma Del Artículo 24 Constitucional Sobre Libertad Religiosa, Jorge Adame Goddard
El Proyecto De Reforma Del Artículo 24 Constitucional Sobre Libertad Religiosa, Jorge Adame Goddard
Jorge Adame Goddard
No abstract provided.
Significado Y Alcance De Las Restricciones Constitucionales Impuestas A Los Ministros De Culto, Jorge Adame Goddard
Significado Y Alcance De Las Restricciones Constitucionales Impuestas A Los Ministros De Culto, Jorge Adame Goddard
Jorge Adame Goddard
No abstract provided.
Las Restricciones A Los Derechos Políticos De Los Ministros De Culto De Hacer Proselitismo Y Oponerse A Las Leyes Y A Las Instituciones, Jorge Adame Goddard
Las Restricciones A Los Derechos Políticos De Los Ministros De Culto De Hacer Proselitismo Y Oponerse A Las Leyes Y A Las Instituciones, Jorge Adame Goddard
Jorge Adame Goddard
No abstract provided.
Repensar A Teoria Do Estado Entre Pluralismo Ético E Globalização, Paulo Ferreira Da Cunha
Repensar A Teoria Do Estado Entre Pluralismo Ético E Globalização, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Não pode deixar de haver uma relação entre Estado e valores. Sem alguns valores partilhados, o Estado tem dificuldades. Há sempre, de um modo ou de outro, uma Ética no Estado. Ou várias. Como lidar com as éticas e as morais em sociedades pluralista como as nossas? Esta dificuldade obriga-nos também a repensar o próprio Estado, também desafiado por tempos de globalização. Foram estas algumas das interrogações que desejamos colocar neste estudo, elaborado para corresponder ao honroso convite para colaborar no portentoso volume que homenageia o grande constitucionalista brasileiro, e Vice-Presidente da República Federativa do Brasil, Prof. Michel Temer.
O Estado Laico E A Emergência De Uma Nova Religião Civil, Douglas Antônio Rocha Pinheiro
O Estado Laico E A Emergência De Uma Nova Religião Civil, Douglas Antônio Rocha Pinheiro
Douglas Antônio Rocha Pinheiro
Re-meaning civil religion, placing it half-way between the local values of a given legal-political community and moral’s universal intentions, besides not jeopardizing the conquests of the laical State, can provide solidarity bonds between strangers. Such bonds, submitted to the appraisal of human rights and democracy, may become an opportune substitute to the disbelieved concept of nation, fostering reflexive ethics by means of a discursive rationality.