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Articles 91 - 96 of 96
Full-Text Articles in Law
Essay: Infinity Of Law, Ali Khan
Essay: Infinity Of Law, Ali Khan
Ali Khan
At a given point in time, law is finite and its constitutive norms can be mostly identified with certainty. Despite its finitude, however, law is also infinite because the number of future additions and subtractions to the legal system is incalculable. As a general matter, law faced with infinite causes and consequences opts for legally manufactured finitism. Concerned with contracts, decedent’s estate, patents, searches and seizures, and other areas of law, practical law requires finite facts and finite laws in order to structure transactions and resolve disputes. Practical law shuns the infinite and courts finitude. The principle of finitude, however, …
King And The Crits: Exploring The Length And Limits Of Dr. Martin Luther King Junior’S Vision Of Legal Justice, Carlton Waterhouse
King And The Crits: Exploring The Length And Limits Of Dr. Martin Luther King Junior’S Vision Of Legal Justice, Carlton Waterhouse
Carlton Waterhouse
ABSTRACT The notion of legal justice has been recognized since the time of the ancient Greeks and the concept extends well beyond Western philosophy and jurisprudence. Distinct from other types of justice, legal justice addresses the nature of law and its dictates as well as the responsibility of citizens to obey it. Although Dr. Martin Luther King, Jr. lacked the developed legal analysis of jurisprudence scholars, Dr. King made a meaningful contribution to jurisprudence discourse of his time by opening the discussion to the broader society and centering it on a critical issue of his day – racial segregation. This …
Islamic Legal Authority In A Non-Muslim Society: Designing The Islamic Credit Union Of Bellevue, Washington, Todd Williams
Islamic Legal Authority In A Non-Muslim Society: Designing The Islamic Credit Union Of Bellevue, Washington, Todd Williams
Todd Williams
This Article examines the current state of Islamic law within a community of Muslims in the United States as it relates to Shari’a-compliant financial products. After briefly reviewing the history of Islamic finance and Islamic authority structures within the United States, I rely on interviews with multiple parties involved in the establishment of one of the first Islamic credit unions in the United States to explore the development of Islamic law within American regulation and cultural mores. I examine the authority structure present among Muslims in the Puget Sound area, and I examine the qualities that define a credible religious …
Islamic Legal Authority In A Non-Muslim Society: Designing The Islamic Credit Union Of Bellevue, Washington, Todd Williams
Islamic Legal Authority In A Non-Muslim Society: Designing The Islamic Credit Union Of Bellevue, Washington, Todd Williams
Todd Williams
This Article examines the current state of Islamic law within a community of Muslims in the United States as it relates to Shari’a-compliant financial products. After briefly reviewing the history of Islamic finance and Islamic authority structures within the United States, I rely on interviews with multiple parties involved in the establishment of one of the first Islamic credit unions in the United States to explore the development of Islamic law within American regulation and cultural mores. I examine the authority structure present among Muslims in the Puget Sound area, and I examine the qualities that define a credible religious …
Of Marriage And Monarchy: Why John Locke Would Support Same-Sex Marriage, William B. Turner
Of Marriage And Monarchy: Why John Locke Would Support Same-Sex Marriage, William B. Turner
William B Turner
Arguments about discrimination based on sexual orientation generally rest on interpretations of the equal protection clause of the Fourteenth Amendment or about rights to autonomy rooted in modern substantive due process doctrine. Such theories typically presuppose a government that remains neutral among competing moral claims. This Article, by contrast, develops an account of rights against sexual orientation discrimination—including recognition of same-sex marriage—that does not depend on a thin moral conception of the liberal state. Instead, I situate lesbian/gay rights within a Lockean political theory of consent. John Locke’s theory of government, which was highly influential for the Founders of the …
Uncivil Religion: Judeo Christianity And The Ten Commandments, Frederick Mark Gedicks
Uncivil Religion: Judeo Christianity And The Ten Commandments, Frederick Mark Gedicks
Frederick Mark Gedicks
I. INTRODUCTION: THE PERMISSIBLE ESTABLISHMENT? II. VARIETIES OF AMERICAN CIVIL RELIGION A. The Established Church B. “Nonsectarian” Protestantism C. Judeo-Christianity III. BEYOND JUDEO-CHRISTIANITY A. Unbelief and Eastern Religion B. Postmodern Spirituality C. Barely Believing IV. THE SECTARIANIZATION OF JUDEO-CHRISTIANITY A. The Decalogue Cases B. The Fiction of “Mere Acknowledgment” C. Sectarianization and the Return of Classic Tolerance V. CONCLUSION: THE PAST THAT IS NOT PRESENT The recent Decalogue Cases are the latest attempt to insulate American civil religion from Establishment Clause attack. A civil religion is a set of purportedly nondenominational symbols, rituals, and assumptions designed to create reverence of …