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Reflections On The Symposium: An Ordered Inquiry Into The Relation Of Civil Rights Law And Religion, William J. Wagner Jan 1987

Reflections On The Symposium: An Ordered Inquiry Into The Relation Of Civil Rights Law And Religion, William J. Wagner

Scholarly Articles and Other Contributions

No abstract provided.


The Religious Foundations Of Civil Rights Law And The Study Of Law And Religion In An Interdisciplinary Framework, Robert A. Destro Jan 1987

The Religious Foundations Of Civil Rights Law And The Study Of Law And Religion In An Interdisciplinary Framework, Robert A. Destro

Scholarly Articles and Other Contributions

No abstract provided.


Rendering Unto Caesar: Legal Responses To Religious Nonconformity In The Armed Forces, Michael F. Noone Jr. Jan 1987

Rendering Unto Caesar: Legal Responses To Religious Nonconformity In The Armed Forces, Michael F. Noone Jr.

Scholarly Articles and Other Contributions

The focus of this article is on the role of the legal system in resolving disputes regarding the accommodation of religious beliefs in the armed forces. Generally, these disputes arise when an individual's religious sensibilities make claims upon his conscience that cannot be reconciled with the demands imposed by military discipline. Although the believer may simply refuse to serve, a more difficult problem arises when the military believer does not or cannot claim the status of a conscientious objector, but seeks legal protection for his religiously motivated behavior while remaining in the service. Such a claim of protection may ...


A Comment On Religious Convictions And Lawmaking, John H. Garvey Jan 1986

A Comment On Religious Convictions And Lawmaking, John H. Garvey

Scholarly Articles and Other Contributions

No abstract provided.


Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro Jan 1986

Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro

Scholarly Articles and Other Contributions

The 1985-86 Term of the Supreme Court was characterized by continuing deep divisions within the Court regarding the nature of religious freedom, the role of religion in society, and the constitutional approach which should be adopted for cases raising religious freedom issues. In all, the Court decided five major religious freedom cases with full opinions, granted review in two cases, and denied review in at least thirty-three others. In addition, three other cases decided on the merits which did not specifically involve religious freedom did include discussion of important questions concerning the relationship of law and religion. In the summary ...


Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro Jan 1986

Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro

Scholarly Articles and Other Contributions

Taken as a whole, the Roman Catholic Bishops' 1983 pastoral letter on war and peace, "The Challenge of Peace, God's Promise, and Our Response"' has two purposes: first, to assist Catholics in the formation of their consciences; and, second, to contribute to the ongoing public policy debate concerning the morality of war in general, and of nuclear war in particular. This article will address the stated purposes of and the suggestions made in the pastoral letter from the vantage point of American statutory and constitutional law. It will make no attempt to provide definitive legal answers to the many ...


Free Exercise And The Values Of Religious Liberty, John H. Garvey Jan 1986

Free Exercise And The Values Of Religious Liberty, John H. Garvey

Scholarly Articles and Other Contributions

One thing that has always bothered me about free exercise jurisprudence is that it rests on values we have seldom tried to state, much less justify. In a way this is not surprising. We have only recently abandoned the assumption, which may never have been true, that Americans share a common understanding of language about God and transcendent values. That understanding made it unnecessary to define for nonspeakers a meaning that even believers have trouble putting into words. But today we are probably not "a religious people whose institutions presuppose a Supreme Being-at least not if "religious" is supposed to ...


Johannes Teutonicus And Papal Legates, Kenneth Pennington Jan 1983

Johannes Teutonicus And Papal Legates, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


The Epitaph Of Johannes Teutonicus, Kenneth Pennington Jan 1983

The Epitaph Of Johannes Teutonicus, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


The Legal Activities Of The Catholic League, Robert A. Destro Jan 1982

The Legal Activities Of The Catholic League, Robert A. Destro

Scholarly Articles and Other Contributions

No abstract provided.


Freedom And Equality In The Religion Clauses, John H. Garvey Jan 1981

Freedom And Equality In The Religion Clauses, John H. Garvey

Scholarly Articles and Other Contributions

The Supreme Court has been extremely puzzled about how to treat the distribution of public benefits when the pattern of distribution may cause individuals to alter their preferences in making constitutionally protected choices. When dealing with the freedom to choose an abortion, for example, the Court held that the Hyde Amendment was constitutional because the government did not interfere with freedom when all it did was offer money to make the option it preferred (childbirth) more attractive. In free speech cases, the Court has said that when the government opens up public property or offers financial incentives to speakers it ...


Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington Jan 1978

Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


Cum Causam Que: A Decretal Of Innocent Iii, Kenneth Pennington Jan 1977

Cum Causam Que: A Decretal Of Innocent Iii, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


Pluralism And The Canonists In The Thirteenth Century, Kenneth Pennington Jan 1976

Pluralism And The Canonists In The Thirteenth Century, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


The French Recension Of Compilatio Tertia, Kenneth Pennington Jan 1975

The French Recension Of Compilatio Tertia, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


The Legal Education Of Pope Innocent Iii, Kenneth Pennington Jan 1974

The Legal Education Of Pope Innocent Iii, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


The Rite For Taking The Cross In The Twelfth Century, Kenneth Pennington Jan 1974

The Rite For Taking The Cross In The Twelfth Century, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


The Manuscripts Of Johannes Teutonicus' Apparatus To Compilatio Tertia: Some Considerations On The Stemma, Kenneth Pennington Jan 1974

The Manuscripts Of Johannes Teutonicus' Apparatus To Compilatio Tertia: Some Considerations On The Stemma, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


Summae On Raymond De Pennafort's Summa De Casibus In The Bayerische Staatsbibliothek, Munich, Kenneth Pennington Jan 1971

Summae On Raymond De Pennafort's Summa De Casibus In The Bayerische Staatsbibliothek, Munich, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


Bartolomé De Las Casas And The Tradition Of Medieval Law, Kenneth Pennington Jan 1970

Bartolomé De Las Casas And The Tradition Of Medieval Law, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


A ‘Consilium’ Of Johannes Teutonicus, Kenneth Pennington Jan 1970

A ‘Consilium’ Of Johannes Teutonicus, Kenneth Pennington

Scholarly Articles and Other Contributions

No abstract provided.


The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin Jan 1966

The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin

Scholarly Articles and Other Contributions

No abstract provided.