Law Commons^™

Religious Fundamentalism And Legal Systems: Methods And Rationales In The Fight To Control The Political Apparatus, Andrew Paine

Indiana Journal of Global Legal Studies

No abstract provided.

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 in judicial …

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

James M. Donovan

This Article scrutinizes the constitutionality of the intent of the Defense of Marriage Act [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 under the Establishment Clause, this notion that heterosexual marriage requires "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals …

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

Law Faculty Scholarly Articles

This Article scrutinizes the constitutionality of the intent of the Defense of Marriage Act [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 under the Establishment Clause, this notion that heterosexual marriage requires "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals …

Rfra Is Not Needed: New York Land Use Regulations Accommodate Religious Use, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The case of City of Boerne v. Flores marked an important day in the history of the Constitution. The decision of the United States Supreme Court invalidated the Religious Freedom Restoration Act as applied to a local Texas zoning ordinance. The ordinance created a historical preservation area in an attempt to curb a church from expanding its buildings. The Supreme Court held that the Freedom Restoration Act went beyond Congress’s power because of the Act’s broad coverage and potential to intrude on laws regardless of context. This holding parallels the general application of the New York case law, which, generally …

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

University of Arkansas at Little Rock Law Review

No abstract provided.

The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca

Law Faculty Scholarly Articles

If religion is an innate aspect of the human experience, it should not be surprising that Alcoholics Anonymous (A.A.), a widely known and arguably religious support group for problem drinkers, has become a common and effective means of combating alcoholism. Also, it should not be surprising that probation officers, parole officers, judges, bar overseers, wardens, and myriad others exercising state authority routinely push individuals toward A.A. Arguably, however, official referral of problem drinkers to A.A. violates current interpretations of the Establishment Clause because of the quasi-religious nature of the program.

Although separationism helps both church and state, our Constitution does, …

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

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's …

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

Mark C Modak-Truran

Jürgen Habermas's discourse theory of law poignantly sets forth the modern legitimation crisis of law. Relying on Max Weber's social theory and sociology of law, he argues that the rationalization of society has eliminated religious and metaphysical justifications for law and has differentiated law from politics and morality. Law must now be legitimated based on its legality. The legal positivists (including Weber, H.L.A. Hart, John Austin) and John Finnis attempt to define legality merely in terms of procedural requirements. Habermas, however, demonstrates the circularity of this definition of legality. Legal positivists fail to legitimate the procedural requirements that are claimed …

The Law Of The Jubilee In Modern Perspective, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Law And The Coming Environmental Catastrophe, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Race, Religion, And Cultural Identity: Reconciling The Jurisprudence Of Race And Religion, Tseming Yang

Indiana Law Journal

No abstract provided.

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

Case Western Reserve Journal of International Law

No abstract provided.

An Overview Of The Arkansas Civil Rights Act Of 1993, Theresa M. Beiner

Faculty Scholarship

No abstract provided.

Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin

Scholarly Works

No abstract provided.

Dutch Uncle Sam: Immigration Reform And Notions Of Family, Lolita Buckner Inniss

Publications

No abstract provided.

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

Scholarly Works

No abstract provided.

Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Fordham Urban Law Journal

Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This Part argues …

Permissible Accommodation Of Religion And The Alternative Burden, Ei Ichiro Takahata

LLM Theses and Essays

In this thesis, the author discusses the extent to which the government can afford to give accommodation within the limits of the Establishment Clause. In Chapter II, the author reviews the theory of the permissible accommodation referred to in the Supreme Court of the United States. In Chapter III, the author examines scholarly debates on the accommodation. Then, the author discusses German and Japanese law of the accommodation in Chapter IV. There, those cases suggest the possibility of alternative burdens on religious believers. The alternative burdens are considered the price of the accommodation. The author concludes that the government has …

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

Susan D. Franck

In the past, religious debtors have used the Religious Freedom Restoration Act (RFRA) to tithe to their churches at a time when they were insolvent and questions have arisen whether these tithes are fraudulent transfers, which should be repatriated to the bankruptcy estate for the benefit of all creditors. This case comment analyzes the first circuit court opinion to evaluate the intersection of religious tithing, bankruptcy, fraudulent conveyance law and RFRA. In light of the doubts as to RFRA's constitutionality, this comment argues for a narrow interpretation of RFRA and, when determining the scope of free exercise protection, courts should …