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Articles 1 - 5 of 5
Full-Text Articles in Law
Why The Supreme Court Has Fashioned Rules Of Standing Unique To The Establishment Clause, Carl H. Esbeck
Why The Supreme Court Has Fashioned Rules Of Standing Unique To The Establishment Clause, Carl H. Esbeck
Faculty Publications
The U.S. Supreme Court will hear oral argument this fall in Salazar v. Buono, No. 08-472, a matter that involves a Latin cross located in the Mojave National Preserve located in Southeastern California and operated by the National Park Service. First placed there as a memorial to American’s who served in WWI, this Christian symbol is said to violated the Establishment Clause of the First Amendment. Before reaching the merits, however, the Court must first pass on the question of standing to sue. The plaintiff, Frank Buono, is a former employee of the National Park Service and objects to the …
New Adventures Of Old Pauline Law, Tawia Baidoe Ansah
New Adventures Of Old Pauline Law, Tawia Baidoe Ansah
Faculty Publications
This article examines the idea of law within two recent philosophical approaches to a theological text. Giorgio Agamben and Alain Badiou, two postmodern philosophers on the political left, look to the letters of St. Paul for the definition and extraction of the political subject. They look to Paul’s messianism and his conversion to discover, within their own philosophical projects, what is truly political within the Western philosophical tradition, for which Paul’s theology is unconditional. The article focuses on the conception of law that, in turn, derives from these projects. The article suggests that within both, despite the objective rejection of …
Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury
Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury
Faculty Publications
This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because of this genealogy, Liberal feminism seeks to reform cultures and societies that do not comport with a particular Liberal teleology that forecloses the expression of alternative ideas of history, progress, and human flourishing. It further argues that Muslim women's organizations that partner with Northern organizations sometimes seek to fulfill Liberal expectations of victimhood at the hands of their culture. The consequence …
Protestant Dissent And The Virginia Disestablishment, 1776-1786, Carl H. Esbeck
Protestant Dissent And The Virginia Disestablishment, 1776-1786, Carl H. Esbeck
Faculty Publications
In Everson v. Board of Education (1947), the Supreme Court elevated the events surrounding the disestablishment of the Anglican Church in Virginia during and soon after the American Revolution as a principal guide for the meaning of the Establishment Clause. The rule to come out of the Virginia experience is that support for religion should be voluntary thus, no active support by the government. An in-depth examination of James Madison's Memorial and Remonstrance opposing Patrick Henry's Assessment Bill is undertaken here not only because of its role in the Virginia disestablishment, but because it is the most important document on …
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
Faculty Publications
No abstract provided.