Law Commons^™

Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret

Michigan Law Review

In 1988, Jeffrey Kendall and Barbara Zeitler Kendall were married. Though Jeffrey was Catholic at the time and Barbara was Jewish, the couple agreed to raise their children in Barbara's faith. In 1991, Jeffrey joined Boston Church of Christ, a fundamentalist Christian church. The tenets of that faith include a belief that those who do not accept Jesus Christ are damned to Hell, where there will be "weeping and gnashing of teeth." Barbara's faith also underwent a change during the marriage: she became an Orthodox Jew. Citing irreconcilable differences, the Kendalls sought a divorce in November, 1994. Before their marriage …

Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

Elizabeth Clark's essays on early nineteenth-century reform movements make a compelling case that abolitionists and feminists alike understood individual rights from a profoundly religious perspective. Clark also demonstrates how these reformers advocated the protection of so-called "natural rights" for enslaved African-Americans and white women in the vivid and fervently emotional language of evangelical revivalism. Broader cultural and intellectual trends of resistance to governmental and clerical authority, trends rooted in liberal and evangelical Protestantism, Clark argues, helped fuel attacks on slavery and gender inequality. Rejecting other historians' portrayals of the antebellum reformers as primarily secular in orientation, Clark makes the arresting, …

Power And The Subject Of Religion, Kurt T. Lash

Law Faculty Publications

Under the First Amendment, "Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof." Nevertheless, congressional actors have on occasion enacted laws that expressly make religion the subject of legislation. Many scholars justify these laws on the grounds that Congress at the time of the Founding had an implied power to legislate on religion if necessary and proper to an enumerated end.

Professor Lash argues that the "implied power" theory cannot withstand historical scrutiny. Whatever "implied power" arguments may have emanated from the original Constitution, those arguments were foreclosed by the adoption of the …

Jacob's Blessing, Cooperative Grace, And Practicing Law With A Limp, John M.A. Dipippa

Faculty Scholarship

How does a lawyer's religious beliefs affect the lawyer's practice? I will answer that question by reflecting on baseball players, wrestling with mysterious strangers, and practicing law with a limp. This essay is divided into four sections. First, I will share the story of baseball star Sandy Koufax's refusal to pitch on Yom Kippur. Second, I will present a brief theology of grace. Third, I will discuss the Genesis story of Jacob's wrestling match with the Angel. Finally, I will relate a personal experience from my own practice. In truth, each of these sections demonstrates the same theme: that God's …

Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman

Scholarly Works

No abstract provided.

Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard A. Glickstein

Scholarly Works

No abstract provided.

The Religious Lawyer In A Pluralist Society, Howard Lesnick

Faculty Scholarship at Penn Carey Law

No abstract provided.

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

Scholarly Works

In recent years, the United States Supreme Court has shown an increasing unwillingness to engage in deciding matters that relate to the interpretation of religious practice and belief. While the Justices have articulated valid concerns concerning these cases, courts should not allow these concerns to deter them from making decisions vital to the effective adjudication of Free Exercise and Establishment Clause cases. In fact, it appears that as a result of the Court's increasing refusal to consider carefully the religious questions central to many cases, the Court often tends to group together religious claims and practices, regardless of the relative …

Playing Noah, John C. Nagle

Journal Articles

The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …

Remarks, Symposium, Religion And The Lawyer, N. Lee Cooper

Fordham Law Review

No abstract provided.

A Religious Perspective On Legal Practice And Ethics, Joseph Allegretti

Fordham Law Review

No abstract provided.

Faith And The Attorney-Client Relationship: A Muslim Perspective, Azizah Y. Al-Hibri

Fordham Law Review

No abstract provided.

What Does Religion Have To Do With Legal Ethics? A Response To Professor Allegretti, James M. Jenkins

Fordham Law Review

No abstract provided.

Response To The Paper Authored By Professor Joseph Allegretti: Lawyers, Clients, And Covenant: A Religious Perspective On The Legal Practice And Ethics, Peggy T. Cantwell

Fordham Law Review

No abstract provided.

Being A Buddhist And A Lawyer, Kinji Kanazawa

Fordham Law Review

No abstract provided.

Representing Native People And Indian Tribes: A Reponse To Professor Allegretti, Frank Pommersheim

Fordham Law Review

No abstract provided.

Practitioners Of Hindu Law: Acient And Modern, K.L. Seshagiri Rao

Fordham Law Review

No abstract provided.

Jurisprudence And Theology, Edward B. Foley

Fordham Law Review

No abstract provided.

Spirited Debate: A Comment On Edward B. Foley's Jurisprudence And Theology, Perry Dane

Fordham Law Review

No abstract provided.

How Far Can We Separate Theology And Jurisprudence? Comment On Edward B. Foley's Jurisprudence And Theology, John Langran

Fordham Law Review

No abstract provided.

Deliberative Democracy, Overlapping Consensus, And Same-Sex Marriage, Linda C. Mcclain

Fordham Law Review

No abstract provided.

Negotiating Between Two Convictional Systems, Anver M. Emon

Fordham Law Review

No abstract provided.

Religion Is Not Totally Irrelevant To Legal Ethics, Monroe H. Freedman

Fordham Law Review

No abstract provided.

The Practice Of Law As A Vocation Or Calling, Timothy W. Floyd

Fordham Law Review

No abstract provided.

The Immutability Of Faith And The Necessity Of Action, Randy Lee

Fordham Law Review

No abstract provided.

The Religious Lawyer In A Pluralist Society, Howard Lesnick

Fordham Law Review

No abstract provided.

Religious Symbols And Religious Garb In The Courtroom: A Catholic Lawyer And The Church's Social Teaching, F. Giba-Matthews

Fordham Law Review

No abstract provided.

Faith And The Liberal Legal Order: An Appreciative Response To Shaffer And The Symbolism Workshop, Elizabeth Mensch

Fordham Law Review

No abstract provided.

Working Group Reports & Agendas, Symposium, Report Of Working Group #1, Tami Scarola

Fordham Law Review

No abstract provided.

Report Of Working Group #4, Sarice Retrey

Fordham Law Review

No abstract provided.