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Articles 1 - 30 of 43
Full-Text Articles in Law
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
Indiana Law Journal
In 2019, the Seventh Circuit decided an Establishment Clause question that had been percolating through the courts for two decades. It held that the parsonage allowance, which permits “ministers of the gospel” to receive an untaxed housing allowance, does not violate the Establishment Clause of the Constitution. It grounded its conclusion in part on the “historical significance” test the Supreme Court established in its Town of Greece v. Galloway decision.
In coming to that conclusion, the Seventh Circuit cited a 200-year unbroken history of property tax exemptions for religious property. According to the Seventh Circuit, that history demonstrated that both …
Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law
Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Reflections On Jewish And American Disability Law And On The God Who Makes All Things Good, Randy Lee
Reflections On Jewish And American Disability Law And On The God Who Makes All Things Good, Randy Lee
Touro Law Review
No abstract provided.
Book Review Essay: Invisibility, Inclusivity & Fraternity: Was Yosef On The Spectrum? Understanding Joseph Through Torah, Midrash And Classical Jewish Sources (Samuel J. Levine, Urim Publications (2019)), Stephen A. Rosenbaum
Touro Law Review
No abstract provided.
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
Touro Law Review
No abstract provided.
Portrait Of A Rabbinic Dissident: Akavya Ben Mehalalel Confronts The Judicial Establishment, Moshe Sokol
Portrait Of A Rabbinic Dissident: Akavya Ben Mehalalel Confronts The Judicial Establishment, Moshe Sokol
Touro Law Review
No abstract provided.
The Practice Of Law As Christian Discipleship, Nathan Chapman
The Practice Of Law As Christian Discipleship, Nathan Chapman
Scholarly Works
“Can the ordinary practice of law be a religious calling?” In a number of scholarly books and articles, as a teacher, and as a mentor, Robert (Bob) Cochrane has answered this question with a resounding “yes.” This essay, part of a festschrift published in Bob’s honor by the Pepperdine Law Review, engages with his work to propose a framework of Christian ethics for reconceiving the practice of law as a form of Christian discipleship. It argues that Christians should understand the practice of law as participation in government-as judgment, participation that is always fraught with the risks of deceit, injustice, …
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Law School Blogs
No abstract provided.
God And State Preambles, Peter J. Smith, Robert W. Tuttle
God And State Preambles, Peter J. Smith, Robert W. Tuttle
Marquette Law Review
Those who question the permissibility of official acknowledgements of God might be surprised to learn that the preambles of forty-five of the fifty state constitutions expressly invoke God. The practice is common in both liberal and conservative states and is equally prevalent in all regions of the country. Virtually all of those preambles give thanks to God, and many also seek God's blessing n the state's endeavors. Yet there has been no detailed assessment of the preambles' history or significance. This paper seeks to remedy that gap.
The preambles complicate the claim that official acknowledgements of God are incompatible with …
Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson
Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson
University of Richmond Law Review
No abstract provided.
Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard A. Primus
Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard A. Primus
Articles
In Is Originalism Our Law?, William Baude has made a good kind of argument in favor of originalism. Rather than contending that originalism is the only coherent theory for interpreting a constitution, he makes the more modest claim that it happens to be the way that American judges interpret our Constitution. If he is right—if originalism is our law—then judges deciding constitutional cases ought to be originalists. But what exactly would the content of that obligation be? Calling some interpretive method “our law” might suggest that judges have an obligation to decide cases by reference to that method. But the …
In The Name Of God: Structural Injustice And Religious Faith, Lawrence G. Sager
In The Name Of God: Structural Injustice And Religious Faith, Lawrence G. Sager
Saint Louis University Law Journal
No abstract provided.
Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt
Opting Out In The Name Of God: Will Lawyers Be Compelled To Handle Same-Sex Divorces?, Bill Piatt
Faculty Articles
In June of 2015, the United States Supreme Court determined by a 5–4 ruling in Obergefell v. Hodges that same-sex couples have a constitutionally guaranteed right to marry. While this represents a momentous victory for homosexuals, many people are still vehemently opposed to the idea. Homosexuality is especially frowned upon in certain religions, including some sects of Christianity. Is it possible that attorneys who decline on religious grounds to provide legal services to same-sex individuals seeking divorces will be ordered to provide that representation? Might those attorneys be sanctioned if they fail to do so? These are both novel and …
Good Selves And Just Wars, John Coons
Law And Human Nature, Donald Roth
Law And Human Nature, Donald Roth
Faculty Work Comprehensive List
"While the law may assume rationality, it's a fair question whether people are really all that rational."
Posting about the way that human nature is viewed by the law from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.
http://inallthings.org/the-law-and-human-nature/
Newfound Religion: Mothers, God, And Infanticide , Susan Ayres
Newfound Religion: Mothers, God, And Infanticide , Susan Ayres
Susan Ayres
This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silences, so their acts cannot be seen as subversive feminist gestures. Part III, however, argues that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …
Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein
Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein
Touro Law Review
No abstract provided.
What Is The Matter With Antigone?, Emily A. Hartigan
What Is The Matter With Antigone?, Emily A. Hartigan
Faculty Articles
No abstract provided.
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Pepperdine Law Review
No abstract provided.
Created Equal: How The Declaration Of Independence Recognizes And Guarantees The Right To Life For The Unborn, Mark Trapp
Pepperdine Law Review
No abstract provided.
Proof Of The Intelligent Construction Of The Universe, Ashley Saunders Lipson
Proof Of The Intelligent Construction Of The Universe, Ashley Saunders Lipson
Ashley Saunders Lipson
Traditionally, “Natural Law” has been loosely predicated upon unscientific notions of innate human morality and religion. For those seeking to link science and morality, Biology and its Darwinian tenets of survival have provided a dead end. Breaking with the past by using a few propositions of mathematics, this paper seeks to provide a scientifically defined purpose for the universe, and consequentially a new basis, in jurisprudence, for natural law. Once purpose is established, three abstract concepts flow directly from mathematics and physics into a natural order for natural law: Balance, Expansion, and Restraint. As a pseudo logic-based discipline, our historical …
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Bruce Ledewitz
Some form of government neutrality toward religion, in contrast to a more pro-religion stance or a turn toward nonjusticiability, is the only interpretation of the Establishment Clause that can potentially lead to a national consensus concerning the proper role of religion in American public life. But to achieve that goal, neutrality theory must acknowledge and engage the need for the expressions of deep meaning on public occasions and in the public square generally. Current neutrality doctrine promotes a silent and empty public square. This article proposes an interpretation of neutrality that would allow a symbol-rich, meaning-full public square without violating …
Criminal And Civil Law In The Torah: The Mosaic Law In Christian Perspective, David A. Skeel Jr., Tremper Longman
Criminal And Civil Law In The Torah: The Mosaic Law In Christian Perspective, David A. Skeel Jr., Tremper Longman
All Faculty Scholarship
When Jesus spoke of fulfilling the law and the prophets, he was referring to the Mosaic law, nearly all of which is in the four books we consider in this Article: Exodus, Leviticus, Numbers and Deuteronomy. In an effort to discern the Mosaic law’s guidance for contemporary secular law, we first place it in covenantal perspective and identify three of its key concerns: God’s nature, as revealed in Scripture; the nature of Israel; and the role of the land. After summarizing the regulation in the four books under consideration and noting a few of its characteristics, we conclude by discussing …
Honest To God, Lavenski R. Smith
Honest To God, Lavenski R. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
On What It Means To Be A Lawyer Of Faith, Leon Holmes
On What It Means To Be A Lawyer Of Faith, Leon Holmes
University of Arkansas at Little Rock Law Review
No abstract provided.
The Intelligent Construction Of The Universe: A Mathematical Proof - The Link Among Science, Natural Law And Jurisprudence, Ashley Saunders Lipson
The Intelligent Construction Of The Universe: A Mathematical Proof - The Link Among Science, Natural Law And Jurisprudence, Ashley Saunders Lipson
Ashley Saunders Lipson
A mathematical proof that the Universe was intelligently constructed. The paper forms the predicate for a new form of jurisprudence (Mathematical Determinism)linking science to Natural Law and morality.
Classic Revisited: Penal Theory In Paradise Lost, Jillisa Brittan, Richard A. Posner
Classic Revisited: Penal Theory In Paradise Lost, Jillisa Brittan, Richard A. Posner
Michigan Law Review
Milton's great poem can be enjoyed as a supernatural adventure story in the epic tradition-indeed almost as a science-fiction fantasy. An incredibly powerful supernatural figure-call him Father-lives on planet Heaven somewhere in outer space, surrounded by lesser supernatural beings, called Angels. Father begets Son asexually, and declares his intent to give him vice regal authority. Infuriated at Son's being promoted over him, the foremost Angel, L leads a third of the Angels in violent rebellion against Father and Son. At first it seems the rebels will best the loyal Angels. But Father sends in Son to defeat the rebels all …
An Islamic View Of The Battlefield, Ali Khan
An Islamic View Of The Battlefield, Ali Khan
Ali Khan
Islam rejects all conceptions of holy war. Muslims are not allowed to engage in any aggressive war to spread Islam or to impose its faith or laws on others. Muslims do not believe that God is at war with Satan, nor that He needs human help to win this battle. Any such belief is contrary to God's Unity and Sovereignty. God is above all human conflicts, and He has no conflict with Satan or any other force in the universe. God is Supreme and in complete control of all things that exist or belong to the world of the unknown. …
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Fordham Urban Law Journal
This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silences, so their acts cannot be seen as subversive feminist gestures. Part III, however, argues that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …
The Corporation As God, Douglas Litowitz