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2001

Religion Law

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Articles 1 - 21 of 21

Full-Text Articles in Law

International Red Cross Must Include Israel, Kenneth Lasson Nov 2001

International Red Cross Must Include Israel, Kenneth Lasson

All Faculty Scholarship

Israel's corresponding relief agency, the Mogen David Adom, has provided emergency services to countries all over the world since 1939, and it meets or surpasses every other standard for IFRC membership. Yet Israel remains the only nation left out of the 178- country federation. Why?

An IFRC spokesman says that it is "governments, not the federation, that give emblems the protective force of international law," and that "governments" are preparing to adopt an additional emblem, with no religious or national connotations, to stand alongside the Red Cross and the Red Crescent, one that Israel could adopt as its own ...


Understanding Islam And The Radicals, David F. Forte Oct 2001

Understanding Islam And The Radicals, David F. Forte

Law Faculty Articles and Essays

The United States is in a war, but it is not a war between Islam and the West. Radical Islamic terrorists hijacked four airplanes and killed thousands of innocent Americans on September 11. But their enmity was not just directed against the United States and the civilization it represents. These terrorists also mean, as President Bush made clear in his speech to the Joint Session of Congress recently, to hijack Islam itself and destroy Islamic civilization. In the developing battle on behalf of these two great civilizations, it is imperative that we understand something about the basic traditions of Islam ...


The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler Apr 2001

The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong Mar 2001

Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong

Faculty Publications

The essays collected in this book arise out of a series of seminars exploring the relationship between law and faith, broadly defined, and investigate "the many varied links between law and faith", particularly as those links relate to legal theory. While the editors intended to demonstrate the diversity of ways in which the topic can be viewed, this very diversity causes some problems for the reader.


Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash Jan 2001

Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash

Law Faculty Publications

Roger Williams was a religious bigot. He never met a church pure enough for his brand of Puritanism, and he never found a congregation worthy enough to have him as its pastor. After alienating every potential ally and provoking every critic, Williams was forced to flee to the wilds of Narragansett Bay in present-day Rhode Island. There, he preached to his remaining congregation- his family- and supported laws prohibiting men from wearing long hair.

In Timothy Hall's illuminating book, the reader is confronted with a flesh and blood Roger Williams who is rather different from the modern myth. Although ...


Accommodation And Equal Liberty, Lisa Schultz Bressman Jan 2001

Accommodation And Equal Liberty, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

How should legislatures respond to requests from religious individuals or institutions for exemptions to generally applicable laws? In Employment Division v. Smith, the Supreme Court held that the Free Exercise Clause does not require legislatures (federal or state) to honor such requests. The question remains whether they should do so on a voluntary basis. This is the problem of permissive accommodation-that is, accommodation of religious liberty as a matter of political discretion rather than constitutional compulsion. Put in the terms of this Symposium, it is the problem of accommodation in the public square. It is not immediately apparent why permissive ...


A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin Jan 2001

A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin

Mission and Ministry Publications

No abstract provided.


Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett Jan 2001

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Journal Articles

No abstract provided.


Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler Jan 2001

Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin Jan 2001

Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin

Scholarly Works

No abstract provided.


Emerging Trends In Religious Liberty, Robert A. Destro Jan 2001

Emerging Trends In Religious Liberty, Robert A. Destro

Scholarly Articles and Other Contributions

From a religious liberty perspective, the October 2000 term of the United States Supreme Court was relatively uneventful. The Court decided only one case raising significant religious liberty concerns, Good News Club v. Milford Central School. Good News Club adds little to the First Amendment case law already on the books, but it does provide an excellent opportunity to highlight the growing need for well-informed scholars, both American and foreign, to examine the relationships between and among clauses of the First and Fourteenth Amendments to the Constitution of the United States.


Faith And The Lawyer's Practice Symposium: Law Religion And The Public Good, Russell G. Pearce Jan 2001

Faith And The Lawyer's Practice Symposium: Law Religion And The Public Good, Russell G. Pearce

Faculty Scholarship

If there is a religious way to read, is there a religious way to be a lawyer? More and more lawyers, judges and scholars are answering yes to that question. We heard earlier from Cardinal Bevilacqua about the history of the Religious Lawyering Movement, which blossomed in the 1990s. There was writing about the law and religion before that time." We can date religious lawyering as a body of work in mainstream legal literature, as Cardinal Bevilacqua did, to the work of Professor Thomas Shaffer in the 1980s.Why did this movement take off in the 1990s? Again, what accounts ...


Mother Of All Rights: Making The World Safe For Religion, David F. Forte Jan 2001

Mother Of All Rights: Making The World Safe For Religion, David F. Forte

Law Faculty Articles and Essays

Freedom of religion is not just one right among many. It is, in the words of the Islamic scholar John Kelsay, "the mother of all rights." When a state recognizes religious liberty, it ipso facto allows people the right to worship an authority higher than the state. Congress should insist that before any reconstruction aid is approved for Afghanistan, the new government there should affirm legal protection for basic human rights, including most importantly, freedom of religion.


The Celebration Of Same-Sex Marriage, Bruce Macdougall Jan 2001

The Celebration Of Same-Sex Marriage, Bruce Macdougall

Faculty Publications

This article explores the nature of discourse about equality, in particular homosexual equality, and situates the current debate about same-sex marriage in that discourse. The author explores the idea that legal discourse about equality moves among sites that may be labeled condemnation, compassion, condonation and celebration. Achievement of real (as opposed to formal) legal equality requires advancement at each of these sites. In Canada, legal discourse about equality for gays and lesbians at the first three sites has been largely successful and contention now is at the site of celebration. Marriage is a profoundly symbolic institution, representing state celebration of ...


How To Talk About Religion, James Boyd White Jan 2001

How To Talk About Religion, James Boyd White

Articles

Our experience, supported we think by that of others, is that it is most difficult to do this well, whether we are trying to talk about religion within a discipline, such as law or psychology or anthropology, or even in more informal ways, with our friends and colleagues. There are many reasons for this: It is in the nature of religious experience to be ineffable or mysterious, at least for some people or in some religions; different religions imagine the world and its human inhabitants, and their histories, in ways that are enormously different; and there is no superlanguage into ...


Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer Jan 2001

Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer

Journal Articles

No abstract provided.


A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett Jan 2001

A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett

Journal Articles

The government exempts religious associations from taxation and, in return, restricts their putatively political expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well-suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion - i.e., that it is a private matter - and of its proper place - i.e., in the private sphere, not ...


Stability And Development In Canon Law And The Case Of "Definitive" Teaching, Ladislas M. Örsy Jan 2001

Stability And Development In Canon Law And The Case Of "Definitive" Teaching, Ladislas M. Örsy

Georgetown Law Faculty Publications and Other Works

Stability is an essential quality of any good legal system because a community's laws are an expression of its identity, and there is no identity without permanency. Many times we hear in the United States that we are a country held together by our laws. Although the statement cannot be the full truth, it is obvious that if our laws ever lost their stability, the nation's identity would be imperiled. In a religious community where the source of its identity is in the common memory of a divine revelation, the demand for stability is even stronger. Fidelity to ...


The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen Jan 2001

The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny Jan 2001

Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny

Boston College Law School Faculty Papers

This Article investigates the questions whether and when religious claims may enter into public debate about important political issues by considering the purposes of argument in the public square. These purposes include: (1) argument as self-disclosure; (2) argument as persuasion; and (3) argument as bulwark against engagement with the ideas of others. The Article argues that restrictions on the use of religious claims in public deliberations and discussion impede the legitimate functions of public argument as self-disclosing and persuasive activities. In contrast, such restrictions contribute to the use of argument as bulwark, which is arguably destructive to public deliberation in ...


Regulation Of Religious Proselytism In The United States, Howard Hunter, Polly J. Price Jan 2001

Regulation Of Religious Proselytism In The United States, Howard Hunter, Polly J. Price

Research Collection School Of Law

Howard Hunter and Polly Price examine the components of the US legal system that affect proselytism, focusing on the contradictions between the constitutional protection of religious freedom and legal constraints on proselytism. Hunter and Price comprehensively review the regulation of proselytism in both public and private spaces in the United States, analyze the justifications for these regulations, and suggest probable future issues of debate regarding religious freedom. Additionally, Hunter and Price argue that the regulation of proselytism has led to a failure to protect religious minorities, and in some cases contributed to their persecution.