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Series

Religion Law

1997

Institution
Keyword
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Articles 1 - 22 of 22

Full-Text Articles in Law

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong Oct 1997

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Faculty Publications

The first area of discussion is the structure of each government system. This analysis not only sets the legal framework for later analysis, but demonstrates how both Israel and Iran have brought religion into the very fabric of their legal institutions.The second area of analysis in Part II focuses on the principles of sovereignty and constitutional interpretation utilized by each State. Familiarity with these concepts is necessary in order to learn which religious principles, if any, are incorporated into each nation's general legal environment. These principles, which are implicitly understood by members of the society, are often unstated ...


Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck Apr 1997

Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck

Articles in Law Reviews & Other Academic Journals

In keeping with their religious traditions as devout Protestants, Bruce and Nancy Young regularly gave to their church in New Hope, Minnesota. From February 1991 to February 1992, the Youngs tithed $13,450 to their church.' Unfortunately-due to financial difficulties--the Youngs filed for Chapter 7 bankruptcy in February 1992. Because the Youngs tithed the $13,450 while insolvent, the bankruptcy trustee for their estate initiated a proceeding to void the transfers and return the contributions to the estate.


Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong Jan 1997

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society? A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S. I. Strong

Faculty Publications

Section II of this Article studies in greater detail the religio-legal debate currently being waged in American courts and legislatures, including a brief discussion of the religio-legal history of the United States. Section II also describes how the United States resembles and differs from Ireland such that subsequent comparisons will be more accurate. Section III compares the two constitutions by analyzing the provisions and policies most influenced by religion. First, general principles of sovereignty and constitutional interpretation are reviewed to understand the general constitutional framework of each nation. Second, the manner in which personal rights are treated by each nation ...


Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Carl H. Esbeck Jan 1997

Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Carl H. Esbeck

Faculty Publications

It is often said that America's founding was an experiment in government. Certainly few features of the American constitutional settlement left more to future chance--and were more of a break with existing European patterns--than the Establishment Clause set out in the First Amendment. The new Republic sought to rely on transcendent principles to justify its unpre-cedented advancements in human liberty. Concurrently, the Founders reject ed any official or fixed formulation of these principles, for no public credo was to be established by law. So it is more than just a little ironic that the nation's most cherished human ...


A Constitutional Case For Governmental Cooperation With Faith-Based Social Service Providers, Carl H. Esbeck Jan 1997

A Constitutional Case For Governmental Cooperation With Faith-Based Social Service Providers, Carl H. Esbeck

Faculty Publications

This Article will refer to separationism as based on "older assumptions." The Court's presuppositions concerning the nature and contemporary value of religion and the proper role of modem government underlie what will be referred to as a "traditional analysis" of the case law. Part I is a partial overview of the Supreme Court's cases since Everson, and has the goal of making the strongest arguments-within the framework of separationism-for the constitutionality of governmental welfare programs that permit participation by faith-based social service providers.

Part II is about separationism's major competitor, a theory centered on the unleashing of ...


Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler Jan 1997

Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Habermas’S Discourse Theory Of Law And The Relationship Between Law And Religion, Mark C. Modak-Truran Jan 1997

Habermas’S Discourse Theory Of Law And The Relationship Between Law And Religion, Mark C. Modak-Truran

Journal Articles

The relationship between law and religion has become the subject of a sustained and robust debate. However, unlike earlier theological attempts to ground law in religion or the Divine, participants in the modem debate rarely, if ever, argue for a theological or religious legitimation of law. Either implicitly or explicitly, there appears to be a modem consensus among legal scholars and philosophers that the world has been disenchanted. The world can no longer be viewed as an integrated, meaningful whole under a comprehensive religious or metaphysical worldview, and law can no longer be legitimized by its religious or metaphysical foundations ...


The Improbability Of Religion Clause Theory, Frederick Mark Gedicks Jan 1997

The Improbability Of Religion Clause Theory, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.


Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa Jan 1997

Hostile Environments And The Religious Employee, Theresa M. Beiner, John M. A. Dipippa

Faculty Scholarship

No abstract provided.


What’S Next After Separationism?, John H. Garvey Jan 1997

What’S Next After Separationism?, John H. Garvey

Scholarly Articles and Other Contributions

Professor Carl Esbeck argues in his article' that the traditional theory of separationism is giving way to a theory of equality (or more accurately, protection for religious choice). The argument is very astute, and I agree with much of it. I will give my own perspective on the same two points.


The Real Reason For Religious Freedom, John H. Garvey Jan 1997

The Real Reason For Religious Freedom, John H. Garvey

Scholarly Articles and Other Contributions

No abstract provided.


Civilizing Religion, Kurt T. Lash Jan 1997

Civilizing Religion, Kurt T. Lash

Law Faculty Publications

Is it appropriate to restrict abortion at any stage in pregnancy on the ground that human life is sacred? Should the public square be open to biblical arguments against homosexuality? Or, to frame the issue in a more scholarly fashion: What role may religious arguments play, if any, either in public debate about what political choices to make or as the private basis of a political choice? In his recent book, Religion in Politics: Constitutional and Moral Perspectives, Michael Perry addresses these questions as a matter of constitutional law and political morality. Perry has been down this road before, most ...


Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri Jan 1997

Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri

Law Faculty Publications

In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have ...


The Child's Right To An Open Future: Yoder And Beyond, Dena S. Davis Jan 1997

The Child's Right To An Open Future: Yoder And Beyond, Dena S. Davis

Law Faculty Articles and Essays

Every time I teach a class on church and state, I am reminded again of how much we owe to the religious minorities in our midst. If it were not for Amish, Quakers, Jews, Santerians and especially Jehovah's Witnesses, what an impoverished understanding we would have, not only of the religion clauses of the First Amendment, but also of the Free Speech Clause. The original parents in Wisconsin v. Yoder are now grandparents, and their children, with or without the benefit of a high school education, have grown to adulthood and probably have children of their own. But 25 ...


The Architecture Of The Establishment Clause, John H. Garvey Jan 1997

The Architecture Of The Establishment Clause, John H. Garvey

Scholarly Articles and Other Contributions

No abstract provided.


On Doing Justice And Walking Humbly With God: Catholic Social Thought On Law As A Tool For Achieving Justice, Lucia A. Silecchia Jan 1997

On Doing Justice And Walking Humbly With God: Catholic Social Thought On Law As A Tool For Achieving Justice, Lucia A. Silecchia

Scholarly Articles and Other Contributions

The text of the 1996 “Mirror of Justice” lecture at the Catholic University of America, this article explores the potential - and the limitations - of law as a tool for achieving justice. Drawing heavily on principles of Catholic social thought, it also considers the various ways in which “justice” may be defined.


Religious Freedom In The Courts: The 1996–1997 Term Of The United States Supreme Court, Robert A. Destro Jan 1997

Religious Freedom In The Courts: The 1996–1997 Term Of The United States Supreme Court, Robert A. Destro

Scholarly Articles and Other Contributions

No abstract provided.


Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James Donovan Jan 1997

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James Donovan

Law Faculty Scholarly Articles

Most analyses of DOMA direct their attentions to the constitutionality of the effects of this legislation: Does it violate the Equal Protection Clause of the Constitution? Does it transgress the Constitutional requirements of Due Process? Does DOMA grant states a power they did not already possess, namely, the power to ignore extraterritorial marriages?

This Article, however, takes a different approach and scrutinizes the constitutionality of the intent of DOMA. According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage,"" where marriage is defined to exclude same-sex partners. To be constitutionally valid ...


Gluttony, William I. Miller Jan 1997

Gluttony, William I. Miller

Articles

Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge ...


Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin Jan 1997

Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin

Scholarly Works

No abstract provided.


The Implications Of The Constitution’S Religion Clauses On New York Family Law, Ilene Barshay Jan 1997

The Implications Of The Constitution’S Religion Clauses On New York Family Law, Ilene Barshay

Scholarly Works

No abstract provided.


Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber Jan 1997

Ancient Answers To Modern Questions: Death, Dying And Organ Transplants - A Jewish Law Perspective, Stephen J. Werber

Law Faculty Articles and Essays

Core values of the Jewish heritage are life and family, not death. An interpretation of Halachah which permits a broad definition of passive euthanasia without lapsing into acceptance of active euthanasia or its more evil cousin, assisted suicide, is consistent with these values. Also consistent with these values and the Jewish tradition is a modern definition of death which recognizes advances in medical technology that were beyond the knowledge or imagination of those who created the vast body of Rabbinic law. This approach will not only ease the suffering of families, it will allow organ transplants to save the lives ...