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Full-Text Articles in Law
Whose Secularism? Which Laïcité? Negotiating Transnational And National Constitutionalism In Kosovo, Thomas J. Hellenbrand
Whose Secularism? Which Laïcité? Negotiating Transnational And National Constitutionalism In Kosovo, Thomas J. Hellenbrand
Notre Dame Law Review
This Note will proceed as follows: Part I will set the stage and briefly outline the history of Kosovo and its current political status. Part II will then introduce the Kosovo Constitution and the process by which international agreements (such as the European Convention of Human Rights) were embedded in the text and made binding legal authority. It will show that, although the international agreements are binding, the Kosovo Constitution does not make international case law obligatory. Part III will then address different foundational documents drafted in anticipation of Kosovo’s statehood and how judicial and administrative institutions should apply them …
The Catholic Church And The Paycheck Protection Program: Assessing Nondiscrimination After Trinity Lutheran And Espinoza, Elizabeth Totzke
The Catholic Church And The Paycheck Protection Program: Assessing Nondiscrimination After Trinity Lutheran And Espinoza, Elizabeth Totzke
Notre Dame Law Review
This Note argues the inclusion of houses of worship and the subsequent dispersal of PPP funds to the Catholic Church was explicitly constitutional. Applying the lens of the Supreme Court’s recently announced nondiscrimination principle, this Note considers the ramifications of the SBA’s official policy and explores the constitutional justification for the SBA’s ad hoc PPP policy. In fact, under the nondiscrimination principle, this Note concludes that the SBA’s policy shift was not just constitutionally permissible, but probably constitutionally required.
Partly Accultured Religious Activity: A Case For Accommodating Religious Nonprofits, Thomas C. Berg
Partly Accultured Religious Activity: A Case For Accommodating Religious Nonprofits, Thomas C. Berg
Notre Dame Law Review
This Article argues that we should make real efforts to protect religious freedom for partly acculturated religious activities and organizations. We should not reject their claims broadly or per se and thereby exclude them from the efforts at accommodation that other groups receive. The law should not force all religious organizations and activities into one of the two polar categories, acculturated or unacculturated. Part II of this Article presents several reasons why there is a strong interest in protecting the freedom to engage in partly acculturated religious activity.
Against Martyrdom: A Liberal Argument For Accommodation Of Religion, Paul Horwitz
Against Martyrdom: A Liberal Argument For Accommodation Of Religion, Paul Horwitz
Notre Dame Law Review
Drawing in part on that literature, and in sympathy with the desire to reaffirm the importance of religious freedom and the accommodation of religious groups and practices without opposing or disdaining liberalism or progressivism altogether,18 this Article offers a liberal argument in favor of the legal accommodation of religion, including the accommodation of illiberal religious groups and practices. Although my own work is substantially pluralist in orientation, the argument here is intended to appeal directly to more “rationalist” liberals.
Religion And Public Reason In The Politics Of Biotechnology, J. Benjamin Hurlbut
Religion And Public Reason In The Politics Of Biotechnology, J. Benjamin Hurlbut
Notre Dame Journal of Law, Ethics & Public Policy
Questions about the relevance of religious views to public policy have been central in debates over the governance of biotechnology since the 1960s. This article offers an empirical analysis of moments of deliberative politics surrounding human embryo research, primarily within public bioethics bodies. I examine how these bodies have used the idea of public reason as developed in deliberative democratic theory to differentiate between secular and religious reasons. I argue that scientific authority is made to play a powerful, but largely unacknowledged role in constructing these categories by contributing to definitions of the range of “reasonable” pluralism. I show that …
Religion And Conflict Resolution, Douglas M. Johnston
Religion And Conflict Resolution, Douglas M. Johnston
Notre Dame Law Review
No abstract provided.
Private And The Public Domains, Rousas J. Rushdoony
Private And The Public Domains, Rousas J. Rushdoony
Notre Dame Law Review
No abstract provided.
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Notre Dame Law Review
No abstract provided.
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Sign Of The Cross And Jurisprudence, Edward J. Murphy
Notre Dame Law Review
No abstract provided.
Notre Dame Law School: Catholicism, Conscience And Commitment, Martha Vazquez
Notre Dame Law School: Catholicism, Conscience And Commitment, Martha Vazquez
Notre Dame Law Review
No abstract provided.
Love, Human Dignity, And Justice: Some Legacies From Protestant And Catholic Ethics, Harlan R. Beckley
Love, Human Dignity, And Justice: Some Legacies From Protestant And Catholic Ethics, Harlan R. Beckley
Notre Dame Law Review
No abstract provided.
Legal Education At Notre Dame Law School: The Lasting Significance Of Its Catholic Dimension, Peter T. King
Legal Education At Notre Dame Law School: The Lasting Significance Of Its Catholic Dimension, Peter T. King
Notre Dame Law Review
No abstract provided.
On The Practical Meaning Of Secularism, John Finnis
On The Practical Meaning Of Secularism, John Finnis
Notre Dame Law Review
No abstract provided.