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Articles 1 - 30 of 35
Full-Text Articles in Law
Reaching Out Through The Universal: The Powerful And Positive Role Of A Jesuit Catholic Law School On The Secular Line, Judith A. Mcmorrow
Reaching Out Through The Universal: The Powerful And Positive Role Of A Jesuit Catholic Law School On The Secular Line, Judith A. Mcmorrow
Touro Law Review
There are multiple ways in which Catholic law schools can provide an education that supports and reflects a Catholic vision. Some schools align more closely to an orthodox view in which text and doctrine are the starting lens. Catholic law schools closer to the secular end of the spectrum play a powerful role by actively building bridges with the secular world. These schools, either implicitly or explicitly, start with values framed in more universal terms -- a moral or ethical worldview that can implement the common good in the secular world. A Catholic law school that emphasizes the universal generally …
2022 Conference Of Religiously Affiliated Law Schools: Reflections On Faculty Vocation And Support, Lucia A. Silecchia
2022 Conference Of Religiously Affiliated Law Schools: Reflections On Faculty Vocation And Support, Lucia A. Silecchia
Touro Law Review
In the United States, numerous law schools identify themselves as “religiously affiliated.” There are many opportunities and challenges that come with such affiliation. What “religiously affiliated” may mean for a law school’s faculty is a particularly critical aspect of this question. I was grateful to have been invited to reflect on what religious affiliation might mean for faculty hiring at the “Past, Present, and Future of Religiously Affiliated Law Schools” conference. What follows are reflections that consider not merely that question—important as it is—but also explore what happens after the hiring decision to make the vocation to teach at a …
Faith And Faithfulness: Vocation As Self, Others, And A Third Thing, Joel A. Nichols
Faith And Faithfulness: Vocation As Self, Others, And A Third Thing, Joel A. Nichols
Touro Law Review
Many of us are prone to thinking in binaries—in “either/or” categories, or in black-and-white thinking. Lawyers seem to be especially skilled at this, as we are trained to identify two things and then try to navigate between them or name their similarities and differences. But staying within that framework can be unhelpful, and even stifling, at times. This Essay explores the intersection of faith and the practice of law, especially the idea of vocation. It offers an approach to get out of the binary by suggesting that looking at a third thing is essential. For vocation, this includes (1) listening …
Perils Of The Reverse Silver Platter Under U.S. Border Patrol Operations, D. Anthony
Perils Of The Reverse Silver Platter Under U.S. Border Patrol Operations, D. Anthony
University of Massachusetts Law Review
In the face of expanding U.S. Border Patrol operations across the country, that agency often acquires evidence during its searches that is unrelated to immigration or other federal crimes but may involve state crimes. States are then faced with the question of whether to accept such evidence for state prosecutions when it was lawfully obtained by federal agents consistent with federal law but in violation of the state’s own search and seizure provisions. Sometimes referred to as “reverse silver platter” evidence, states have come to widely varying conclusions as to the admissibility of federally obtained evidence that would clearly have …
De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn
De Libero Conscientia: Martin Luther’S Rediscovery Of Liberty Of Conscience And Its Synthesis Of The Ancients And The Influence Of The Moderns, Bessie S. Blackburn
Liberty University Journal of Statesmanship & Public Policy
One fateful day on March 26, 1521, a lowly Augustinian monk was cited to appear before the Diet of Worms.[1] His habit trailed behind him as he braced for the questioning. He was firm, yet troubled. He boldly proclaimed: “If I am not convinced by proofs from Scripture, or clear theological reasons, I remain convinced by the passages which I have quoted from Scripture, and my conscience is held captive by the Word of God. I cannot and will not retract, for it is neither prudent nor right to go against one’s conscience. So help me God, …
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Belmont Law Review
No abstract provided.
The Role Of Religious Organizations In The System Of Institutes Of Civil Society, F. Rashidov
The Role Of Religious Organizations In The System Of Institutes Of Civil Society, F. Rashidov
Review of law sciences
This article discusses the concepts of religion and religious organizations, the role of religious organizations as an institution of civil society in maintaining peace and stability in the context of globalization, their relationship with other organizations, their attitude to religion in a secular state, and the work in the field of Islamic education carried out in The Republic of Uzbekistan also draws attention to existing problems in the field of freedom of religion and conscience, and their solutions
One Step Enough, Steven D. Smith
One Step Enough, Steven D. Smith
Pepperdine Law Review
The growing divide between contemporary law and culture and Christianity forces Christians both in general and in the academy to confront difficult choices. The difficulty of those choices was manifest in the most recent presidential election. In this situation, some Christians take an aggressive or triumphalist stance; others are more inclined to a retreatist approach sometimes labeled “the Benedict Option.” What the right response is poses both prudential and theological questions about which Christians disagree, and about which confident answers are elusive. In this context, Professor Bob Cochran’s distinguished career exemplifies a path of humility in which the Christian citizen …
Jesus And The Mosaic Law: Agapic Love As The Foundation And Objective Of Law, Robert F. Cochran ,Jr.
Jesus And The Mosaic Law: Agapic Love As The Foundation And Objective Of Law, Robert F. Cochran ,Jr.
Touro Law Review
No abstract provided.
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
Touro Law Review
No abstract provided.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
In The Name Of God: Structural Injustice And Religious Faith, Lawrence G. Sager
In The Name Of God: Structural Injustice And Religious Faith, Lawrence G. Sager
Saint Louis University Law Journal
No abstract provided.
Faith And The Firm, Matthew T. Bodie
Faith And The Firm, Matthew T. Bodie
Saint Louis University Law Journal
No abstract provided.
The Last Chapter?, Steven D. Smith
The Last Chapter?, Steven D. Smith
Pepperdine Law Review
An essay is presented in which the author presents contrasting views of law professors at Stanford and Harvard University, Michael McConnell and Noah Feldman respectively on religious freedom. Topics discussed include requirement of special protection to religious freedom, protection of religious belief and expression under other constitutional provisions such as freedom of speech, and the failure of Obama Administration in providing special freedom of association to religious associations.
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston
Touro Law Review
No abstract provided.
Navigating The Space Between Dueling Sovereigns, Miriam Galston
Navigating The Space Between Dueling Sovereigns, Miriam Galston
Touro Law Review
No abstract provided.
The Lawyer's Humble Walk, Mark Osler
The Lawyer's Humble Walk, Mark Osler
Pepperdine Law Review
A growing body of literature addresses the role faith plays in the work of many lawyers. This article argues that humility is the defining characteristic of the lawyer of faith.
The Impact On "The Vanishing Trial" If People Of Faith Were Faithful To Religious Principles Of Settling Disputes Without Litigation , Anthony R. Benedetto
The Impact On "The Vanishing Trial" If People Of Faith Were Faithful To Religious Principles Of Settling Disputes Without Litigation , Anthony R. Benedetto
Pepperdine Dispute Resolution Law Journal
Commentators have expressed concern about "the vanishing trial" with respect to the possible loss of precedent and the loss of opportunities for aggrieved persons to have their concerns resolved in the judicial arena. Ignoring the controversy surrounding whether the number of trials is actually decreasing significantly, this paper asks whether the number of trials would be significantly affected if all people of faith resolved their disputes within their religious communities, or at least outside of the secular court setting. The impact on secular case law of the disappearance of such disputes is then estimated. Finally, recommendations are presented for overcoming …
Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace, Rabbi Yitzchok Adlerstein
Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace, Rabbi Yitzchok Adlerstein
Pepperdine Dispute Resolution Law Journal
We can only consider the role of peacemaking in Jewish law after examining the meaning and place of peace. Accuracy prevents me from opening with some platitude about how peace occupies a central, pivotal position in Jewish thought. It doesn't. Peace and peacemaking have a curious habit of not turning up in the middle of things, but all the way at the end. There are too many instances of this to be coincidental. There are nineteen blessings in the Amidah, the central (indeed!) prayer that Jews recite three times a day, every weekday of their lives. The very last …
Law And Redemption: Political Judgment And The Church's Proclamation , Joan Lockwood O'Donovan
Law And Redemption: Political Judgment And The Church's Proclamation , Joan Lockwood O'Donovan
Pepperdine Law Review
No abstract provided.
Over My Dead Body: A New Approach To Testamentary Restraints On Marraiage, Ruth Sarah Lee
Over My Dead Body: A New Approach To Testamentary Restraints On Marraiage, Ruth Sarah Lee
Marquette Elder's Advisor
It is not uncommon to find deeds or wills that shape the behavior of the living by conditioning a grant, devise, or bequest, on a potential beneficiary’s conduct. Sometimes these conditions involve a limitation on marriage—prohibiting, penalizing, or requiring marriage to one of a particular religious faith or ethnicity. Courts have held that complete restraints on marriage are unreasonable, contrary to public policy, and void. However, partial restraints of marriage are valid as long as they are “reasonable.” A restraint is “unreasonable” if a marriage permitted by the restraint is not likely to occur as a factual determination.
This article …
On What It Means To Be A Lawyer Of Faith, Leon Holmes
On What It Means To Be A Lawyer Of Faith, Leon Holmes
University of Arkansas at Little Rock Law Review
No abstract provided.
The Practice Of Law As Response To God's Call, Susan J. Stabile
The Practice Of Law As Response To God's Call, Susan J. Stabile
Seattle University Law Review
Legal practice, like all human work, is a religious calling, a vocation. Section I of this Article will focus on work as a calling. Although I refer in my title to the practice of law as a response to God's call, I suggest that even those who are uncomfortable with the use of religious language can share a notion of law as a calling. Section II will address the need to discern one's place in the legal profession. Implicit in the notion of a calling is that our professional decisions are not merely internally driven, but are in response to …
You Gotta Have Faith: Good Faith In The Context Of Directorial Fiduciary Duties And The Future Impact On Corporate Culture, Cg Hintmann
Saint Louis University Law Journal
No abstract provided.
A Secular Theory Of Natural Law, Lloyd L. Weinreb
A Secular Theory Of Natural Law, Lloyd L. Weinreb
Fordham Law Review
No abstract provided.
White Knight?: Can The Commerce Clause Save The Religious Land Use And Institutionalized Persons Act?, Lara A. Berwanger
White Knight?: Can The Commerce Clause Save The Religious Land Use And Institutionalized Persons Act?, Lara A. Berwanger
Fordham Law Review
No abstract provided.
Dialogue On The Practice Of Law And Spiritual Values, James F. Henry, Joseph Allegretti, Robert A. Baruch Bush, Dr. Sarah Cobb
Dialogue On The Practice Of Law And Spiritual Values, James F. Henry, Joseph Allegretti, Robert A. Baruch Bush, Dr. Sarah Cobb
Fordham Urban Law Journal
This dialogue focuses on the relationship between religious/moral values and the various methods employed to resolve legal conflicts, with a primary focus on alternative dispute resolution techniques. General topics touched on include the intangible benefits of ADR (such as better relationships, transformative potential, and the effectiveness of apology) and new moral/ethical problems involved with practicing ADR. Joseph Allegretti explores two questions: (1) why Christianity provides a theoretical justification for ADR, and (2) what a Christian approach to ADR might look like. In an essay exploring the Jewish perspective on ADR, Robert Baruch Bush analyzes the Talmud's explicit preference for judges …
When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee
Law and Contemporary Problems
In considering the guidance the executive branch of government has provided to resolve questions relating to religious freedom and the issue of church and state, Lee draws upon the positions of both the IRS and the President. Initially, he concludes that when the state requires churches committed to speaking truth in the public square to choose between publicizing their beliefs and remaining tax-exempt, it burdens the free exercise of religion.
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.
Michigan Law Review
Since the Warren Court's expansive construction of the Free Speech Clause of the First Amendment, there has been no shortage of legal scholarship aimed at justifying the remarkably broad protections afforded the freedom of speech under landmark cases such as Brandenburg v. Ohio, New York Times Co. v. Sullivan, and Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. At the same time, in recent years, a growing chorus of free speech skeptics have made their voices heard.5 These legal scholars have questioned why a commitment to freedom of expression should displace other (constitutional) values such as equality, …
Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon
Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon
Fordham Urban Law Journal
This Essay is a lawyer's public proclamation of her beliefs, using the words of her faith. She explains how her faith permeates through her daily life, and is even relevant to her profession as a lawyer.