Law Commons^™

Speaker, “Enforcing Co-Religionist Commerce”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “On Religion And Money”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “On Religion And Money”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.

Between Law And Religion: Procedural Challenges To Religious Arbitration Awards (Video), Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.

Religion's Wise Embrace Of Commerce, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand

Michael A Helfand

No abstract provided.

Grounding Normative Assertions: Arthur Leff's Still Irrefutable, But Incomplete, "Sez Who?" Critique, Samuel W. Calhoun

Samuel W. Calhoun

The late Professor Arthur Leff believed that standard methods for grounding normative assertions fail to provide a solid foundation for moral judgment because none provides a satisfactory answer to what Leff called the grand 'sez who?' - a universal taunt by which a skeptic may challenge the standing/competency of the speaker to make authoritative moral assessments. Leff argued that as a matter of logic no system of morals premised in mankind alone ever could withstand the taunt. His provocative conclusion was that the only unchallengeable response to the grand 'sez who?' is God sez. This Article demonstrates the continued relevance …

Abraham Lincoln's Religion: The Case For His Ultimate Belief In A Personal, Sovereign God., Samuel W. Calhoun, Lucas E. Morel

Samuel W. Calhoun

None available.

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Samuel W. Calhoun

None available.

(Reviewing Elizabeth Mensch And Alan Freeman, The Politics Of Virtue: Is Abortion Debatable (1993)), Samuel W. Calhoun

Samuel W. Calhoun

None Available.

May The President Appropriately Invoke God? Evaluating The Embryonic Stem Cell Vetoes, Samuel W. Calhoun

Samuel W. Calhoun

President George W. Bush twice vetoed measures to provide federal funds for embryonic stem cell research requiring the destruction of human embryos. Each veto was premised in part upon his religious beliefs. President Bush’s reliance upon his faith provoked a strong negative reaction. This essay argues that this criticism is baseless. The essay demonstrates that important political leaders spanning three centuries— including Thomas Jefferson, Abraham Lincoln, and Martin Luther King Jr.—have invoked religious beliefs in explaining their positions. The principle of “separation of church and state,” properly understood, is not a persuasive basis for criticizing this religious heritage. President Bush, …

Misreading The Judeo-Christian Tradition And The Law: A Response To Professor Smolin, Samuel W. Calhoun

Samuel W. Calhoun

None available.

Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun

Samuel W. Calhoun

Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues.3 Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account,4 the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Wilson R. Huhn

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …

A Liberalism Of Sincerity: The Role Of Religion In The Public Square, Michael Helfand

Michael A Helfand

This article considers the extent to which the liberal nation-state ought to accommodate religious practices that contravene state law and to incorporate religious discourse into public debate. To address these questions, the article develops a liberalism of sincerity based on John Locke’s theory of toleration. On such an account, liberalism imposes a duty of sincerity to prevent individuals from consenting to a regime that exercises control over matters of core concern such as faith, religion, and conscience. Liberal theory grounds the legitimacy of the state in the consent of the governed, but consenting to an intolerant regime is illegitimate because …

What Is A "Church"?: Implied Consent And The Contraception Mandate, Michael Helfand

Michael A Helfand

This Article considers the “religious employer” exception to the “contraception mandate” – that is, the “preventative care” requirements announced by Department of Health and Human Services pursuant to the Patient Protection and Affordable Care Act. This exception has triggered significant litigation with a variety of employers claiming that they have been excluding from the “religious employer” classification in violation of both the First Amendment and the Religious Freedom Restoration Act. In considering these claims, this Article applies an “implied consent” framework to these cases, which grounds the authority of religious institutions in the presumed consent of their members. On such …

Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine

Jonathan C. Augustine

Religion's Footnote Four: Church Autonomy As Arbitration, Michael A. Helfand

Michael A Helfand

While the Supreme Court’s decision in Hosanna-Tabor v. EEOC has been hailed as an unequivocal victory for religious liberty, the Court’s holding in footnote four – that the ministerial exception is an affirmative defense and not a jurisdictional bar – undermines decades of conventional thinking about the relationship between church and state. For some time, a wide range of scholars had conceptualized the relationship between religious institutions and civil courts as “jurisdictional” – that is, scholars converged on the view that the religion clauses deprived courts of subject-matter jurisdiction over religious claims. In turn, courts could not adjudicate religious disputes …

Litigating Religion, Michael A. Helfand

Michael A Helfand

This article considers how parties should resolve disputes that turn on religious doctrine and practice – that is, how people should litigate religion. Under current constitutional doctrine, litigating religion is generally the task of two types of religious institutions: first, religious arbitration tribunals, whose decisions are protected by arbitration doctrine, and religious courts, whose decision are protected by the religion clauses. Such institutions have been thrust into playing this role largely because the religion clauses are currently understood to prohibit courts from resolving religious questions – that is, the “religious question” doctrine is currently understood to prohibit courts from litigating …