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Articles 1 - 18 of 18

Full-Text Articles in Law

Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman Sep 2019

Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman Sep 2019

Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman

Nathan B. Oman

No abstract provided.


"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman Sep 2019

"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin Mar 2019

The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin

Gabriel Rubin

Recent generations of young adults are experiencing a new life course stage: emerging adulthood. During this ‘new’ stage of the life course, traditional social bonds and turning points may not be present, may be delayed, or may not operate in the same manner as they have for prior generations. One such bond, religion, is examined here. Focusing on the United States, emerging adulthood is investigated as a distinct stage of the life course. The criminality of emerging adults is presented, a theoretical examination of the relationship between religion and crime is provided, the role of religion in emerging adults’ lives …


Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes Mar 2019

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes

Wayne R. Barnes

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square—and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if citizens comply …


Enlightenment And Catholicism In Europe. A Transnational History, Ulrich Lehner, Jeffrey Burson Mar 2014

Enlightenment And Catholicism In Europe. A Transnational History, Ulrich Lehner, Jeffrey Burson

Ulrich L. Lehner

No abstract provided.


Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr. Nov 2013

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Thomas L. Shaffer

No abstract provided.


Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr. Nov 2013

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Robert Rodes

No abstract provided.


Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny Nov 2013

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny

M. Cathleen Kaveny

No abstract provided.


Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett Nov 2013

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett

Richard W Garnett

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …


Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale Aug 2013

Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale

Frank A. Pasquale

No abstract provided.


The Law Of The Neighbor: The Political Demography Of International Law, Matilda Arvidsson May 2012

The Law Of The Neighbor: The Political Demography Of International Law, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.


Eruv And Establishment, Lorin Geitner Dec 2009

Eruv And Establishment, Lorin Geitner

Lorin C. Geitner

An examination of how the Orthodox Jewish practice known as an "eruv", based in Jewish religious law, can help illustrate the tension between the Establishment and Free Exercise clauses of the First Amendment.


Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner Dec 2009

Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner

Lorin C. Geitner

A survey of the different patterns of the relationship between of law to religion (and vice versa) in the course of world history, in order to provide historical and legal context and argue for the notion that the United States, truly, a secular society, but rather a religiously pluralistic one.


Review Essay: Golden Rule Ethics And The Death Of The Criminal Law's Special Part, Stuart Green Dec 2009

Review Essay: Golden Rule Ethics And The Death Of The Criminal Law's Special Part, Stuart Green

Stuart Green

This brief review of Crime and Culpability: A Theory of Criminal Law, by Larry Alexander and Kimberly Kessler Ferzan, with Stephen Morse, focuses on the authors’ proposal that the Special Part of the criminal law, the part that identifies and defines specific offenses, be radically stripped down in a manner that is reminiscent of the Golden Rule of Ethics, which, they say, offers a “clear” and “concise” guide to living ethically. Rather than a long list of specific prohibited forms of conduct (“don’t murder,” “don’t rape,” “don’t commit theft,” and the like), they argue, the criminal law should rely on …


Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson Dec 2005

Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson

Dr Matilda Arvidsson

The article investigates the fundamental concept of 'time' within the framework of the laws of war, using the War on Terrorism as a starting point and the 2003 invasion and subsequent occupation of Iraq as an example. The article argues for an eschatological understanding of time during the War on Terrorism, framing a state of exception, and ultimately keeping law on hold in an enduring 'now' while messianic hopes for redemption are directed towards a new future to come after war.


Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel Dec 1998

Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel

David B Kopel

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.


A Response To John T. Noonan, Jr., M. Cathleen Kaveny Dec 1998

A Response To John T. Noonan, Jr., M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.