Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (62)
- Law and Philosophy (51)
- Religion Law (15)
- Arts and Humanities (7)
- First Amendment (7)
-
- Jurisprudence (6)
- Religion (6)
- Law and Society (5)
- Comparative and Foreign Law (4)
- Education Law (3)
- International Law (3)
- President/Executive Department (3)
- Civil Law (2)
- Family Law (2)
- History (2)
- Human Rights Law (2)
- Legal History (2)
- Public Law and Legal Theory (2)
- Social and Behavioral Sciences (2)
- Supreme Court of the United States (2)
- Anthropology (1)
- Civil Rights and Discrimination (1)
- Criminal Law (1)
- Environmental Law (1)
- Gender and Sexuality (1)
- History of Religion (1)
- History of Religions of Western Origin (1)
- Labor and Employment Law (1)
- Land Use Law (1)
- Institution
-
- Duquesne University (50)
- SelectedWorks (36)
- Selected Works (10)
- Notre Dame Law School (3)
- Villanova University Charles Widger School of Law (3)
-
- Boston University School of Law (2)
- Saint Louis University School of Law (2)
- St. Mary's University (2)
- University of Maryland Francis King Carey School of Law (2)
- American University Washington College of Law (1)
- Case Western Reserve University School of Law (1)
- Duke Law (1)
- Fordham Law School (1)
- George Washington University Law School (1)
- Northwestern Pritzker School of Law (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- The University of San Francisco (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore (1)
- University of Kentucky (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of South Carolina (1)
- Valparaiso University (1)
- Washington and Lee University School of Law (1)
- Western Kentucky University (1)
- William & Mary Law School (1)
- Publication
-
- Hallowed Secularism (50)
- Mark Strasser (7)
- Faculty Scholarship (4)
- All Faculty Scholarship (3)
- David B Kopel (3)
-
- Mark C Modak-Truran (3)
- Working Paper Series (3)
- Brian M McCall (2)
- Faculty Articles (2)
- Ian C Bartrum (2)
- Journal Articles (2)
- Scholarly Works (2)
- University of Maryland Law Journal of Race, Religion, Gender and Class (2)
- Andrew S Mansfield (1)
- Andy G Olree (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Case Western Reserve Journal of International Law (1)
- Christopher C Lund (1)
- David Crump (1)
- David Yerushalmi (1)
- Edward Rubin (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Faculty Working Papers (1)
- Fordham Law Review (1)
- GW Law Faculty Publications & Other Works (1)
- Haider Ala Hamoudi (1)
- Howard Schweber (1)
- Hunter M Abell (1)
- Jay Michaelson (1)
- Publication Type
Articles 121 - 130 of 130
Full-Text Articles in Law
Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell
Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello
A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Christianity And The Legal Status Of Abandoned Children In The Later Roman Empire, Joshua C. Tate
Christianity And The Legal Status Of Abandoned Children In The Later Roman Empire, Joshua C. Tate
Faculty Journal Articles and Book Chapters
Late Roman imperial legislation relating to abandoned or exposed children has been the subject of much debate. Some have argued that the constitutions of Constantine relating to abandoned children marked a new Christian influence, and that the years between Constantine and Justinian merely refined and explained Constantine's legislation. This paper argues that the legislation of Constantine was not distinctly Christian in content, but that some Christian influence can be seen in the rhetoric of imperial constitutions beginning in the fifth century, and that Christian ideas seem to have affected both the substance and the rhetoric of Justinian's legislation. The paper …
Children's Beliefs And Family Law, Margaret F. Brinig
Children's Beliefs And Family Law, Margaret F. Brinig
Journal Articles
In a recent series of opinions authored by Justice Stevens, the Court has recognized that children may have independent religious rights, and that these may be in conflict with their parents'. The questions for this piece are whether considering children's rights independently is a good thing whether it is warranted by children's actual religious preferences and whether children's religious activities actually do anything measurable for the children.
I do not advocate that the Supreme Court become more involved with family law than it has been since the substantive due process days of Meyer and Pierce. I am also not one …
The Aspiration To Be A Catholic Social Scientist In The Eyes Of Robert Coles: The Search For Wisdom In An Information Age, Randy Lee
Randy Lee
The Catholic social scientist seeks to understand his world so he can know his God. He is called by love to the questions that he addresses, and the answers he finds to those questions draw him to a call of service, a call to make a life other than his own at least a little better. One of the pre-eminent Catholic social scientists of our time is the psychiatrist, medical doctor, and “hard” scientist, Dr. Robert Coles. This article seeks to consider five pieces of advice that Dr. Coles offers to those aspiring to be Catholic social scientists. First, work …
Of Historiography And Constitutional Principle: Jefferson's Reply To The Danbury Baptists, Ian C. Bartrum
Of Historiography And Constitutional Principle: Jefferson's Reply To The Danbury Baptists, Ian C. Bartrum
Ian C Bartrum
This article examines the ways that the Supreme Court has used Thomas Jefferson's letter to the Danbury Baptists ("a wall of separation between church and state") as a rhetorical symbol. It finds the letter at the heart of the Court's debate over competing theories of religious neutrality. The article then explores the treatment the letter has received in several leading academic histories, and concludes that professional historians have largely tailored their arguments to match the Supreme Court's ideological divide. The article concludes that, because the goals of historical argument and legal argument are fundamentally different, this "incestual" kind of relationship …
Religious Arguments And The United States Supreme Court: A Review Of Amicus Curiae Briefs Filed By Religious Organizations, Andrew S. Mansfield
Religious Arguments And The United States Supreme Court: A Review Of Amicus Curiae Briefs Filed By Religious Organizations, Andrew S. Mansfield
Andrew S Mansfield
This paper analyzes forty-five amicus curiae briefs filed by religious organizations with the Supreme Court since Brown v. Board of Education, 348 U.S. 886, decided in 1954, through the decision in Ayotte v. Planned Parenthood, 546 U.S. 320, rendered in 2006. The forty-five amicus curiae briefs were filed in nineteen cases and concern issues that are often identified as “moral.” Analysis of the amicus curiae briefs filed with the Supreme Court by religious organizations provides at least three crucial insights. First, the legal arguments presented by religious organizations, as reflected in amicus curiae briefs filed with the Supreme Court, provide …
Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler
Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler
Thomas C. Kohler
No abstract provided.
Unprofitable Lending: Modern Credit Regulation And The Lost Theory Of Usury, Brian M. Mccall
Unprofitable Lending: Modern Credit Regulation And The Lost Theory Of Usury, Brian M. Mccall
Brian M McCall
With almost daily news stories about the crisis in our credit markets, it seems inevitable that a new political and academic debate about credit regulation is commencing. With Americans paying billions of dollars in finance charges every year and some loosing their homes, it is time to ask fundamental questions about the liberality of credit supply and terms. Rather than readjusting usury limits or tinkering with disclosure requirements, it is time to reassess America’s philosophy of lending. Although the current socio-economic belief that more credit is better has held dominance for several centuries, history offers an alternative theory. Surprisingly, a …
Quas Primas And The Economic Ordering Of Society For The Social Reign Of Christ The King; A Third Perspective On The Bainbridge/Sargent Law And Economics Debate, Brian M. Mccall
Brian M McCall
How can it be that respected Catholic legal scholars can reach seemingly opposite conclusions about “Law and Economics?” Stephen Bainbridge has argued that both the descriptive and normative aspects of the Law and Economics movement are consistent with and even demanded by the Catholic understanding of the nature of the human person in a fallen world and our historical experience with totalitarian regimes. Mark Sargent, on the other hand, argues that at least the normative, and perhaps aspects of the descriptive, side of Law and Economics are not completely consistent with the nature and purpose of the human being as …