Law Commons^™

Character Degradation By Depression In The Career Environment And Preventive Measurements For Michigan Lawyers, Taras Zenyuk

Taras Zenyuk

No abstract provided.

The Bible And The Constitution, Brad Jacob

Robert Weston Ash

ABSTRACT

The Bible and the Constitution Prof. Bradley P. Jacob

Is the United States Constitution consistent with the Holy Bible? For many people today, and especially for most lawyers, legal scholars and judges, the question is both irrelevant and silly. Their answer would be a simple, “Who cares?”

Yet there are some – Christian judges, lawyers and legal scholars – for whom the question matters a great deal. It matters to anyone who follows the tradition of Thomas Aquinas, William Blackstone, and Martin Luther King, Jr., in holding that a human law that violates God’s eternal principles of justice is …

Dennis The Menace?: An Analysis Of Whether The Episcopal Church’S Dennis Canon Entitles The Church To An Exemption From Neutral Trust Law, Robert W. Humphrey Ii

Robert W Humphrey II

In 1979, the Episcopal Church amended its canons to include a provision whereby all dioceses and local churches agreed to hold their property in trust for the national church. The Dennis Canon, as it is known, was a response to a schism within the church and an attempt by the church to preserve real property owned by local churches. Many courts construing the effect of the Dennis Canon have found it applies even when common law trust principles would provide otherwise. However, the Supreme Court of South Carolina recently refused to give effect to it, stating it has “no legal …

The Meaning Of Justice In The World Today, Louis E. Wolcher

Louis E Wolcher

Justice does not stand in relation to law as a blueprint does to a building. Thus, any human practice that thinks of itself as just is a priori unjust. Justice requires the willingness to notice the tragic particular even though one's own conception of justice does not consider it relevant or important. This essay traces the connections between law and justice, and justice and individual ethical responsibility, to reach a conclusion that many may find surprising if not scandalous: Justice denied is undoubtedly a tragedy, but so too is justice achieved.

International Civil Religion: Respecting Religious Diversity While Promoting International Cooperation, Amos Prosser Davis

Amos Prosser Davis

International civil religion grounds moral claims that permeate and transcend traditional religious paradigms. Given the inevitability of international interactions – interactions that cross geographic, religious, and cultural boundaries – our global society is in need of a universally endorsable framework that undergirds the United Nations international human rights regime. International civil religion provides that framework.

Numerous scholars and moral theorists have incrementally discerned the parameters of civil religion including, inter alia, Jean-Jacques Rousseau, Alexis de Tocqueville, Robert Bellah, Martin Marty, and Harold Berman. The tenets of international civil religion infuse the diplomatically drafted United Nations covenants and conventions on human …

The Effect Of Religious Affiliation And Church Attendance On State Fiscal Progressivity, Erika Dayle Siu

Erika Dayle Siu

This study finds that with minor exception, neither religious affiliation nor regular church attendance significantly affects state fiscal progressivity. Based on an examination of prevailing theological traditions within major religious groups, a viable hypothesis is that a state’s fiscal progressivity should correlate to its religious demographics to some extent, depending on the social justice beliefs of each religious group. If so, states with a greater percentage of Catholics and Jewish residents would have more fiscal progressivity; states with a greater percentage of Mainline Protestants and Historically Black Church members would also evidence fiscal progressivity but to a lesser extent; and …

Justice Rutledge's Appendix, John T. Valauri

John T. Valauri

Much disagreement and dispute have occurred since the Supreme Court inaugurated the modern era of Establishment Clause doctrine in 1947 in Everson v. Board of Education. Yet rather than turn elsewhere, this article argues that the best path to clarification of this doctrine lies in a return to basics, a return to what that case put forward as the basis of the meaning of the Establishment Clause—Madison’s role in the religious liberty struggle in Virginia in the 1780’s and, above all, in his Memorial and Remonstrance. But this examination focuses on what the justices in Everson did not—the principle of …

Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart

Sarah Montana Hart

This article argues that the American Bar Association Model Rules of Professional Conduct are not only biased in favor of Judeo-Christian biblical values, but actually are religious rules based in the Bible. The religious nature of the Model Rules affects lawyers in several different ways. There must be awareness of and a conscious choice about the nature and effects that these rules have on law students, bar applicants, and practicing lawyers.

Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin

Peter G. Danchin

Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …

Antisemitism In The Academic Voice: Confronting Bigotry Under The First Amendment, Kenneth Lasson

Kenneth Lasson

Among the abuses of the academic enterprise that have been taking place in American universities over the past several decades, and continue to this day, are failures of intellectual rigor: the abandonment of reliance on facts, common sense, and logic in the pursuit of narrow political agendas – which all too often presented in the academic voice. Students today increasingly find themselves confronted by curricula manipulated by scholarly extremists. While the number of overt antisemitic incidents has declined markedly in the United States over the past few years, there has been a significant increase in anti-Zionist rhetoric and activity on …

Salazar V. Buono: Sacred Symbolism And The Secular State, Ian C. Bartrum

Ian C Bartrum

This short piece discusses some doctrinal and theoretical implications of the Court's recent decision.

Parental Authority, Circumcision And The Child's Right To An Open Future, Robert Darby

Robert Darby

In April 2010 the American Academy of Pediatrics released a new policy on female circumcision that accepted the right of parents to impose, and recommended that its members perform, mild forms of genital cutting on girls, such as a “ritual nick” to the clitoris. The suggestion caused some astonishment, and was rapidly withdrawn, but its author, Dena Davis, has defended it, arguing that it is not acceptable to criminalise all female genital cutting while tolerating male circumcision; this is to show respect for only those religious and cultural practices with which they are already comfortable. Davis suggests that if physicians …

Teaching Negotiation To A Globally Diverse Audience: Ethics, Morality And Cultural Differences, David Allen Larson, Vanessa Seyman

David Allen Larson

"Teaching Negotiation to a Globally Diverse Audience: Ethics, Morality, and Cultural Differences" (by David Allen Larson and Vanessa Seyman) This is a short article discussing the challenges of teaching negotiation, and also the challenge of actually negotiating, in a globally diverse environment. Issues of ethics, morality and culture can surface quite quickly when teaching and negotiating in a multicultural environment. The article builds upon our recent experiences as participants in the Second Generation Global Negotiation conference held Istanbul, Turkey. The article provides examples of how cultural and language differences can impact both actual negotiations and negotiation teaching and provides suggestions …

Dostoevsky V. The Judicial Reforms Of 1864: How And Why One Of 19th Century Russia’S Greatest Writers Mercilessly Criticized The Nation’S Most Successful Reform, Brian Sc Conlon

Brian SC Conlon

The legal reforms of 1864 marked a shift in Russian legal culture from an amorphous, corrupt, pre-modern system of procedure, structure and customary law to an independent, modern and westernized system as liberal as any nation of Europe or North America. These reforms were nearly universally lauded by legal and cultural critics, both at the time they were introduced and in historical accounts. Despite the apparent necessity and success of the new courts, one of the leading figures in 19th Century Russian literature (and indeed the history of world literature), Fyodor Mikhailovich Dostoevsky, continually criticized the new system in both …

The Bible And The Constitution, Brad Jacob

Robert Weston Ash

ABSTRACT

The Bible and the Constitution Prof. Bradley P. Jacob

Is the United States Constitution consistent with the Holy Bible? For many people today, and especially for most lawyers, legal scholars and judges, the question is both irrelevant and silly. Their answer would be a simple, “Who cares?”

Yet there are some – Christian judges, lawyers and legal scholars – for whom the question matters a great deal. It matters to anyone who follows the tradition of Thomas Aquinas, William Blackstone, and Martin Luther King, Jr., in holding that a human law that violates God’s eternal principles of justice is …

The Lavender Letter: Applying The Law Of Adultery To Same-Sex Couples And Same-Sex Conduct, Peter Nicolas

Peter Nicolas

In this manuscript, I examine the question whether the law of adultery applies to same-sex extramarital conduct, which has divided courts nationwide. While the case law to date has been sparse—since the issue has only arisen in the context of opposite-sex marriages in which one spouse has an extramarital same-sex relationship—with the growth in the number of states recognizing same-sex marriage, the question is certain to recur with increased frequency.

In the manuscript, I examine the question in four different contexts: criminal adultery prosecutions, fault-based divorce actions, civil tort actions for interference with the marital relationship, and murder cases raising …

The Myth Of Religious Freedom: The Implications Of State Control Of Religious Expression In The Name Of Public Order, David N. Wagner

David N. Wagner

The state prevents certain religious expression in the name of public order. This article explores the state's role in providing an environment for persons to realize the fullness of their humanity as creatures made in the image and likeness of God.

Are Muslims The New Catholics? Europe's Headscarf Laws In Comparative Historical Perspective, Robert Kahn

Robert Kahn

ABSTRACT: Many European opponents of the headscarf view themselves as engaged in a “struggle against totalitarianism.” This article explores an alternative framing: What if Muslims—rather than Nazis or Communists in training—are the more like nineteenth century Catholics, who were seen as a religious threat to European (and U.S.) liberalism? To explore this idea, this article looks at the headscarf debate through the lens of the German Kulturkampf (1871-1887) and nineteenth century U.S. laws that banned public school teachers from wearing clerical garb. It reaches two tentative conclusions. First, many of the claims made against European Muslims—especially about the “backward” nature …

Seeking “Common Ground”: A Secular Statement, Bruce Ledewitz

Bruce Ledewitz

Seeking “Common Ground”: A Secular Statement Bruce Ledewitz “If common ground can be defined which permits once conflicting faiths to express the shared conviction that there is an ethic and a morality which transcend human invention, the sense of community and purpose sought by all decent societies might be advanced.” Religion has its uniqueness, which is feared in the Establishment Clause and protected in the Free Exercise Clause. But religion is also part of a larger tradition that transcends religion and includes much of philosophy and political theory. That tradition was characterized by C.S. Lewis as the “doctrine of objective …

Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan

Patrick McKinley Brennan

This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …

The More Things Change: Have Antievolutionists Charted Another Constitutional Collision Course In Louisiana?, David J. Jacobs

David J Jacobs

In Edwards v. Aguillard, the Supreme Court invalidated a Louisiana statute that attempted to weaken the teaching of evolution in the public schools by balancing it with “creation science.” This defeat was only a minor setback for evolution’s opponents, who quickly began devising new strategies with an increased emphasis on secular and scientific appeals. Now, these efforts have culminated in the passage of the Louisiana Science Education Act (“LSEA”), which authorizes teachers to introduce supplemental textbooks and other educational materials in the name of promoting “critical thinking skills and open discussion of scientific theories.” This Article outlines the development of …

Never Say Never: Searching For Common Ground Between Muslim And Western Nations On The Issues Of Human Dignity And Human Rights, Travis Weber

Travis Weber

Travis Weber 3736 Silina Drive Virginia Beach, VA 23452 703-470-5411 tsweber@gmail.com May 4, 2010 To Whom It May Concern: Enclosed is an abstract for my article, entitled Never Say Never: Searching for Common Ground Between Muslim and Western Nations on the Issues of Human Dignity and Human Rights. My article examines the gap between Islamic and Western views of human rights, explores how this gap developed, and briefly reviews how different theories of jurisprudence would approach this gap. Due to the current world-wide increase in religious activity, including the prominence of Islam, and the version of morality that Islam brings …

Homeschooling In Germany And The United States, Aaron Martin

Aaron Martin

In March 2009, the Georgia House of Representatives passed House Resolution 850, urging the German Federal Government to legalize homeschooling. The resolution was one illustration of how advocacy groups throughout the United States have put pressure on Germany to change its draconian laws regarding homeschooling, laws that were enacted in 1938 during the Nazi regime. But while legislators are calling for Germany to change its laws, battles rage within the United States over the same issues.

This Note evaluates the state of homeschooling in the United States and Germany, both by considering the historical development in each country and through …

Gender Budget Analysis In Morocco: Achieving Education Parity For Women And Girls, Christie J. Edwards

Christie J. Edwards Esq.

The Kingdom of Morocco has a long history of stability and democracy in the North African region, in large part due to the government’s commitment to improving the lives and status of women and girls. In the past few years, Morocco has set ambitious goals for increased access for women and girls to education as key strategies for the country’s economic development. However, although the government has committed to these gender-specific policies, implementation of education and literacy programs has been sporadic and inconsistent due to the enormity of the problem of female illiteracy and the complexity of the solutions proposed …

Compelling The Courts To Question Gonzales V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio

Ari B Fontecchio

At its core, this article uses an original, empirical case study to argue that the Supreme Court's 2006 decision in Gonzales v. O Centro has elevated the level of scrutiny with which courts evaluate the government's compelling interest, expanding the safe harbor for harmful, religious activity. In O Centro, the Supreme Court rejected the government's compelling interest in regulating religious use of the Schedule I hallucinogenic substance hoasca. The case survey at the core of this article demonstrates that since this decision, lower courts have required the government to justify its regulation of potentially harmful activities with an almost unrealistically …

Defining Death: Why All Fifty States Should Adopt The Uniform Definition Of Death Act With A Religious Exception, Rachel Delaney

Rachel Delaney

This article addresses the tension between the secular, American definition of death and the Jewish law definition of death. While the definition of death has been debated separately in both Jewish and American legal scholarship, the secular and Jewish law definitions of death have not been thoroughly analyzed in relation to one another. The secular definition of death—irreversible cessation of all functions of the entire brain—conflicts with the Jewish law definition of death—irreversible cessation of respiration. The conflict presents a First Amendment Free Exercise Clause challenge because state laws with strict secular definitions of death preclude Orthodox Jews from practicing …

Crumbs From The Table: The Syrophoenician Woman And International Law, Mark Chinen

Mark A. Chinen

In this Article I consider a story from the New Testament for what it might say to international law. A woman of Syrophoenician origin, whose daughter is possessed by an evil spirit, asks Jesus for help. Jesus protests, “First let the children eat all they want, for it is not right to take the children’s bread and toss it to their dogs.” The woman replies, “Yes, Lord, but even the dogs under the table eat the children’s crumbs.” Jesus is impressed by this reply and tells the woman her daughter is well. The way in which the story unfolds is …

Teaching Values, Teaching Stereotypes: Sex Ed And Indoctrination In Public Schools, Jennifer S. Hendricks

Jennifer S. Hendricks

Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: “If You Don’t Aim to Please, Don’t Dress to Tease,” and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer (Jennifer L. Greenblatt, 14 TEX. J. ON C.L. & C.R. 1 (2008)). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …

The Friendship Of Pope Paul Vi And Jacques Maritain And The Declaration On Religious Freedom, Catherine M.A. Mc Cauliff

Catherine M.A. Mc Cauliff

This short article entitled, The Friendship of Pope Paul VI and Jacques Maritain and The Declaration on Religious Freedom, is one of a series on the mid-20th century philosopher Jacques Maritain who inspired, in part, two of the most important international political documents of the twentieth century. This article concentrates on some of the circumstances that made possible the Declaration on Religious Freedom at the Second Vatican Council in Dec. 1965. (Prior articles have dealt with Jacques Maritain's role in the Universal Declaration of Human Rights, 54 VILLANOVA L. REV. and his position on economic justice, 62 RUTGERS L. REV. …

Exposing The Underground Establishment Clause In The Supreme Court’S Abortion Cases, Justin S. Murray

Justin S Murray

In Roe v. Wade, the Supreme Court held that women have a right to abortion under the Due Process Clause of the Fourteenth Amendment. The Court reasoned toward this conclusion by importing concepts and concerns that are ordinarily associated with the Establishment Clause. This Article is the first attempt to systematically describe, and critically evaluate, the Court’s use of Establishment-Clause ideas in Roe and later abortion cases.

Some brief background is essential in order to see how the Court wove Establishment-Clause themes into the structure of its Due-Process analysis. The Due Process Clause allows the government to restrict fundamental constitutional …