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Full-Text Articles in Law

Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman Sep 2019

Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman Sep 2019

Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Need For A Law Of Church And Market, Nathan B. Oman Sep 2019

The Need For A Law Of Church And Market, Nathan B. Oman

Nathan B. Oman

This Essay uses Helfand and Richman’s fine article to raise the question of the law of church and market. In Part I, I argue that the question of religion’s proper relationship to the market is more than simply another aspect of the church-state debates. Rather, it is a topic deserving explicit reflection in its own right. In Part II, I argue that Helfand and Richman demonstrate the danger of creating the law of church and market by accident. Courts and legislators do this when they resolve questions religious commerce poses by applying legal theories developed without any thought for the …


International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman Sep 2019

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman Sep 2019

Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman Sep 2019

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Nathan B. Oman

Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts …


From The Fuggers To Justice Ginsburg, Nathan B. Oman Sep 2019

From The Fuggers To Justice Ginsburg, 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.