Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 25 of 25

Full-Text Articles in Law

Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea Apr 2018

Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea

Michigan Law Review

A review of Geoffrey R. Stone, Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century.


Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr Apr 2013

Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr

Michigan Journal of Race and Law

Cultural resources can be defined as "the tangible and intangible effects of an individual or group of people that define their existence, and place them temporally and geographically in relation to their belief systems and their familial and political groups, providing meaning to their lives." The field of cultural resources includes tangible items, such as land, sacred sites, and religious and finerary objects. The field also includes intangible knowledge and customs, such as tribal names, symbols, stories, and ecological, ethnopharmacological, religious, or other traditional knowledge. The tangible cultural resources of tribes can fall under the protection of statutes such as …


Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg Jan 2010

Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg

Articles

Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With …


We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz Jan 2007

We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz

Michigan Journal of Race and Law

According to modern Supreme Court opinions, The Civil Rights Act of 1866 prohibits only "discrimination [against members of protected groups] solely because of their ancestry or ethnic characteristics." The Court refers to this type of discrimination as 'racial animus.' In the 1987 case Shaare Tefila Congregation v. CobbJews were recognized as a protected ethnic group under these statutes, but the Supreme Court also reaffirmed that The Civil Rights Act only prohibits 'ethnic' or 'ancestral' discrimination. The Act does not encompass religious discrimination. Yet, despite the Supreme Court's rulings, the district courts held that both Rabbi LeBlanc-Sternberg's and Mr. Singers' allegations …


"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons Jan 2005

"Just" Married?: Same-Sex Marriage And A Hustory Of Family Plurality, Judith E. Koons

Michigan Journal of Gender & Law

To contribute to a full moral deliberation about same-sex marriage, this Article inquires into the meanings of marriage, sexuality, and family from historical and narrative perspectives that are situated at the intersection of religious and political domains.


Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr. Jan 2004

Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr.

Michigan Journal of International Law

Review of Hindu Law: Beyond Tradition and Modernity by Werner F. Menski


Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott Jan 2004

Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott

Michigan Journal of International Law

Not so long ago, in 1998, the world acknowledged both the fiftieth anniversary of the Universal Declaration of Human Rights and the 350th anniversary of the Peace of Westphalia. The Universal Declaration was celebrated in the popular press, by thousands of activists, and at well attended open forums at schools and universities. Westphalia was noted almost exclusively at academic conferences. But public obscurity is an undeserved fate for Westphalia, for its legacy in organizing our political world vies with that of the American and French revolutions. What Westphalia inaugurated was a system of sovereign states where a single authority resided …


Nothing Is Written: Fundamentalism, Revivalism, Reformism And The Fate Of Islamic Law, Hamid M. Khan Jan 2002

Nothing Is Written: Fundamentalism, Revivalism, Reformism And The Fate Of Islamic Law, Hamid M. Khan

Michigan Journal of International Law

Part of any Muslim's effort to return to their religious past usually involves an invocation of Islamic law, or what has been termed the Shari'ah. This Note intends to cursorily examine Islamic law-where it was, and where it is going. More specifically, this Note will examine a growing fracture within the Islamic community and how a fissure among so-called fundamentalists will ultimately influence an understanding of Islamic law.


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 Jan 1997

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

Michigan Journal of International Law

Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why each nation has chosen to structure itself as it has and why the imposition of U.S.-style secularism would be an inappropriate method of dealing with the religio-legal conflict in the two societies. Part II compares the fundamental or constitutional laws of the two nations by analyzing the provisions, policies, and practices most influenced by religion. After identifying and analyzing the laws themselves in Part …


Gluttony, William I. Miller Jan 1997

Gluttony, William I. Miller

Articles

Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge, …


Is There A Principle Of Religious Liberty?, John H. Garvey May 1996

Is There A Principle Of Religious Liberty?, John H. Garvey

Michigan Law Review

A Review of Jesse H. Choper, Securing Religious Liberty: Priniples for Judicial Interpretation of the Religion Clauses and Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom


As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune Jan 1994

As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune

Michigan Journal of International Law

This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …


Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams Jan 1994

Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams

Michigan Journal of International Law

Review of Black Hundred: The Rise of the Extreme Right in Russia by Walter Laquer, and Free to Hate: The Rise of the Extreme Right in Russia by Paul Hockenos


Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes Jan 1991

Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes

Michigan Law Review

In Part I of this article, we analyze the development of case law interpreting the religious freedom language of the First Amendment from the 1940s to the eve of the rights revolution as a casualty of the piecemeal approach to incorporation, compounded by a series of judicial lapses and oversights. Part II deals with the fate of the Religion Clause in the era of the rights revolution, when the free exercise and establishment provisions were deployed in the service of a constitutional agenda to which they were, in themselves, largely peripheral. The current period of doctrinal change is the subject …


Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn May 1989

Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn

Michigan Law Review

A Review of A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff and Arthur Rosett


Human Rights And International Relations, Sandip Bhattacharji May 1988

Human Rights And International Relations, Sandip Bhattacharji

Michigan Law Review

A Review of Human Rights and International Relations by R.J. Vincent


The Crisis Of The Western Legal Tradition, William Chester Jordan Feb 1985

The Crisis Of The Western Legal Tradition, William Chester Jordan

Michigan Law Review

A Review of Law and Revolution: The Formation of the Western Legal Tradition by Harold J. Berman


The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review Mar 1983

The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review

Michigan Law Review

A Review of The Promise of American Law: A Theological, Humanistic View of Legal Process by Milner S. Ball


Legal History And The Law Of Blasphemy, Morris S. Arnold Mar 1982

Legal History And The Law Of Blasphemy, Morris S. Arnold

Michigan Law Review

A Review of Treason Against God: A History of the Offense of Blasphemy by Leonard W. Levy


Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr. Jan 1976

Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.

Michigan Law Review

A Review of Les officialités à la veille du Concile de Trente by Anne Lefebvre-Teillard


Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr. Mar 1974

Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr.

Michigan Law Review

The Right Reverend William Stubbs, D.D. (1825-1901), was the Anglican Bishop of Oxford, sometime Regius Professor of Modern History at Oxford, and a scholar of considerable repute. His Constitutional History of England was, until quite recently, the standard work in the field, and his editions of texts for the Rolls Series leave no doubt that he spent long hours ·with basic source material. Frederic William Maitland, M.A. (1850-1906), was an agnostic, the Downing Professor of the Laws of England at Cambridge, and a scholar whose reputation during his life was perhaps not so wide as Stubbs' but whose work commanded …


Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis Aug 1973

Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis

Michigan Law Review

This article will attempt to present a picture of the legal status of religious organizations, with particular reference to the enjoyment of the corporate privilege. Necessarily, this will involve at the outset an historical review tracing the development of that status, beginning with the practice of granting special charters to churches and culminating in the now familiar general incorporation statute. Special attention will be paid to distinctive problems that arose in Utah, Pennsylvania, and Virginia concerning corporate status. The historical review is followed by a summary survey of the current state laws relating to the incorporation of churches. The last …


The Law In The United States In Its Relation To Religion, Edwin C. Goddard Jan 1912

The Law In The United States In Its Relation To Religion, Edwin C. Goddard

Other Publications

Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …


The Law In Its Relation To Religion And Morals, Edwin C. Goddard Jan 1911

The Law In Its Relation To Religion And Morals, Edwin C. Goddard

Other Publications

Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. Now, and in this United States, not less than in ages past and in other parts of the world, is this a fundamental fact. He who, without a recognition of this, would study either religion or government, would quite fail to comprehend his problem. Man is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. The world depicted with such irresistible genius by Rosseau …


The Courts Of Judea, Jerome C. Knowlton Jan 1894

The Courts Of Judea, Jerome C. Knowlton

Articles

The study of Jewish jurisprudence has become interesting during the past ten years through the efforts of some painstaking scholars, who have not been burdened with any particular dogma, but have been actuated by a true Christian spirit. They have been close students of those portions of the Talmud which throw light on the jurisprudence of the Jews.