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Articles 31 - 46 of 46
Full-Text Articles in Law
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Articles
There is a crisis in our law schools in the study of Islamic law and the law of the Muslim polities. The current approaches either focus exclusively on national codes to the derogation of other vitally important influences on the legal order, most importantly the body of norms and rules derived from Islamic foundational texts known as the shari'a, or they regard as secondary, and at times irrelevant, the actual legal order of the societies in favor of an academic construction of the theories of medieval Muslim jurists. Neither of these approaches reflects with a necessary degree of accuracy the …
Real Property And Peoplehood, Kristen A. Carpenter
Real Property And Peoplehood, Kristen A. Carpenter
Publications
This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unable to confront the uncomfortable truth that the very thing Indian peoples need is their land, the same land that the U.S. took from them. This is especially the case with regard to the sacred sites of Indian peoples, whose religions and cultures are inextricably linked to those sites. Federal law permits the United States …
Ketubah, The Marriage Contract Under Jewish Law, And Its Application In Secular Legal Systems, Marketa Trimble
Ketubah, The Marriage Contract Under Jewish Law, And Its Application In Secular Legal Systems, Marketa Trimble
Scholarly Works
The article presents ketubah, an institute of Jewish law that is unknown in the current Czech academic literature; it describes its evolution and content, and the manner in which secular countries with large Jewish communities deal with it. Throughout the centuries ketubah achieved a standardized format that has been adjusted to local customs. Additionally, there are attempts to use ketubah to solve the problem of agunah – the problem of parties who have obtained a secular divorce but not a divorce under Jewish law because the other party prevented it. Some legal systems, such as those of the State of …
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Faculty Publications
No abstract provided.
The Problem Of Religious Learning, Marc O. Degirolami
The Problem Of Religious Learning, Marc O. Degirolami
Faculty Publications
The problem of religious learning is that religion—including the teaching about religion—must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insufficient attention has been paid to …
The Outrageous God: Emotional Distress, Tort Liability, And The Limits Of Religious Advocacy, Jeffrey Shulman
The Outrageous God: Emotional Distress, Tort Liability, And The Limits Of Religious Advocacy, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
When Matthew Snyder died fighting for his country, his memory was celebrated, and his loss mourned. The Westboro Baptist Church conducted a celebration of a different kind by picketing near Matthew’s funeral service. The church held signs that read, “You are going to hell,” “God hates you,” “Thank God for dead soldiers,” and “Semper fi fags.” In the weeks following the funeral, the church posted on its website, godhatesfags.com, an “epic” entitled “The Burden of Marine Lance Cpl. Matthew Snyder.” Matthew’s burden, as the church saw it, was that he had been “raised for the devil” and “taught to defy …
The Muezzin's Call And The Dow Jones Bell: On The Necessity Of Realism In The Study Of Islamic Law, Haider Ala Hamoudi
The Muezzin's Call And The Dow Jones Bell: On The Necessity Of Realism In The Study Of Islamic Law, Haider Ala Hamoudi
Articles
The central flaw in the current approach to shari'a in the American legal academy is the reliance on the false assumption that contemporary Islamic rules are derived from classical doctrine. This has led both admirers and detractors of the manner in which shari'a is studied to focus their energies on obsolete medieval rules that bear no relationship to the manner in which modern Muslims approach shari'a. The reality is that given the structural pluralism of the rules of the classical era, there is no sensible way that modern rules could be derived from classical doctrine, either in letter or in …
Unleashing Or Harnessing 'Armies Of Compassion'?: Reflections On The Faith-Based Initiative, Linda C. Mcclain
Unleashing Or Harnessing 'Armies Of Compassion'?: Reflections On The Faith-Based Initiative, Linda C. Mcclain
Faculty Scholarship
A central tenet of President George W. Bush's faith-based initiative, launched in 2001, is that the federal government, by entering into more partnerships with religious and community organizations, should put the power of faith to work to solve pressing social problems. Proponents of the initiative have invoked the eighteenth-century French writer Alexis de Tocqueville's famous observations about the American propensity to join various voluntary associations as well as the Catholic principle of subsidiarity. Seven years into the faith-based initiative, challenging questions remain about what, exactly, it means to put faith to work. Such questions deserve attention, given the institutionalization of …
Can The States Increase Religious Freedom If They Try? Judicial And Legislative Effects On Religious Actor Success In The State Courts, David Claborn
Can The States Increase Religious Freedom If They Try? Judicial And Legislative Effects On Religious Actor Success In The State Courts, David Claborn
Faculty Scholarship – Political Science
In the shadow of a 15 year federal battle between the Courts and Congress over how much protection is afforded religious behavior, more than half of the states have declared the highest level of protection either through a Religious Freedom Restoration Act (RFRA), or through a court decision. This study finds the results of the states‘ attempts by calculating how often actors seeking protection for a religious act win the judge‘s vote. The study‘s date range is the eight years following the last volley in the federal battle City of Boerne v. Flores: 1998-2005. The unit of analysis is each …
The 60th Anniversary Of The Everson Decision And America's Church-State Proposition, Carl H. Esbeck
The 60th Anniversary Of The Everson Decision And America's Church-State Proposition, Carl H. Esbeck
Faculty Publications
Sixty years ago the U.S. Supreme Court handed down Everson v. Board of Education of Ewing Township, which for the first time incorporated the Establishment Clause through the Fourteenth Amendment and made it binding on state and local governments. The case marks the beginning of the Court's modern era with respect to church-state relations. In Everson, the Justices said that the restraints on federal power represented by the Establishment Clause were the same as the ideas that emerged from the disestablishment struggles in the several states, with special attention to the Virginia experience. The disestablishment effort in the states, which …
Brief Comments On An Intermediate Position, Kent Greenawalt
Brief Comments On An Intermediate Position, Kent Greenawalt
Faculty Scholarship
I am going to start with some clarifications about how I see this topic. Some of what I say may be a bit repetitive, but I think it can be helpful. I do not see this subject as mainly about the force of the Establishment Clause. With Judge McConnell, I think there is a big difference between promoting a religious position, let's say, which I think teaching creationism is, and deciding some moral or political issue based on a religious judgment, such as whether there should be restrictive abortion law. And I do not think this is a question of …
Judicial Enforcement Of The Establishment Clause, Richard W. Garnett
Judicial Enforcement Of The Establishment Clause, Richard W. Garnett
Journal Articles
This paper is the author’s contribution to a roundtable conference, held in October of 2008 at Notre Dame Law School, devoted to Prof. Kent Greenawalt’s book, Religion and the Constitution: Establishment and Fairness. It is suggested that Greenawalt’s admirably context-sensitive approach to church-and-state questions might lead us to think that the best course for judges is to find (somehow) some bright-line, on-off “rules” and “tests”, constructed to identify and forbid the most obvious violations of the Religion Clause’s core (whatever that is), and to give up on -- or, perhaps, “underenforce” -- the rest.
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
What Yoder Wrought: Religious Disparagement, Parental Alienation And The Best Interests Of The Child, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
Despite its grounding in a specific and peculiar set of facts, the strict scrutiny mandate of Wisconsin v. Yoder (decided in 1972) has changed the constitutional landscape of custody cases - - and it has done so in a way that is unsound both as a matter of law and policy. Following Yoder, most courts require a showing of harm to the child, or a substantial threat of harm to the child, before placing any restrictions on exposure to a parent’s religious beliefs and practices. This harm standard leaves children in an untenable position when parents compete for “spiritual custody,” …
Moral Conflict And Conflicting Liberties, Chai R. Feldblum
Moral Conflict And Conflicting Liberties, Chai R. Feldblum
Georgetown Law Faculty Publications and Other Works
The authors' goal in this chapter is to surface some of the commonalities between belief liberty and identity liberty and to offer some public policy suggestions for what to do when these liberties conflict. She first wants to make transparent the conflict that she believes exists between laws intended to protect the liberty of lesbian, gay, bisexual, and transgender (LGBT) people so that they may live lives of dignity and integrity and the religious beliefs of some individuals whose conduct is regulated by such laws. The author believes those who advocate for LGBT equality have downplayed the impact of such …
The Cultural Limits Of Legal Tolerance, Benjamin Berger
The Cultural Limits Of Legal Tolerance, Benjamin Berger
Articles & Book Chapters
This article presents the argument that our understanding of the nature of the relationship between modern constitutionalism and religious difference has suffered with the success of the story of legal tolerance and multiculturalism. Taking up the Canadian case, in which the conventional narrative of legal multiculturalism has such purchase, this piece asks how the interaction of law and religion - and, in particular, the practices of legal tolerance - would look if we sought in earnest to understand law as a component, rather than a curator, of cultural diversity in modern liberal societies. Understanding the law as itself a cultural …
The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine
The Genesis Of Rluipa And Federalism: Evaluating The Creation Of A Federal Statutory Right And Its Impact On Local Government, Patricia E. Salkin, Amy Lavine
Scholarly Works
In 2000, Congress passed, and President Clinton signed, the Religious Land Use and Institutionalized Persons Act (RLUIPA), designed to provide protection from discrimination for the exercise of religion for incarcerated individuals and for those in need of various municipal permits or approvals in order to exercise their religion. With seven years of experience in the courts, this article examines the impact of RLUIPA on local governments across the country through an analysis of how the courts have been interpreting and applying statutory ambiguities and creating inconsistent doctrine in an effort to define terms and implement RLUIPA's protections. Whether an appropriate …