Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Religion Law (23)
- Law and Society (6)
- Civil Rights and Discrimination (5)
- Law and Gender (5)
- Constitutional Law (4)
-
- Education Law (4)
- First Amendment (4)
- Family Law (3)
- Human Rights Law (3)
- Law and Philosophy (3)
- Comparative and Foreign Law (2)
- Fourteenth Amendment (2)
- International Law (2)
- Juvenile Law (2)
- Sexuality and the Law (2)
- Supreme Court of the United States (2)
- Antitrust and Trade Regulation (1)
- Common Law (1)
- Insurance Law (1)
- Law and Economics (1)
- Law and Politics (1)
- Law and Race (1)
- Legal History (1)
- Legal Writing and Research (1)
- Natural Law (1)
- Property Law and Real Estate (1)
- Public Law and Legal Theory (1)
- State and Local Government Law (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 29 of 29
Full-Text Articles in Law
Christianity And Antitrust, Kenneth G. Elzinga, Daniel Crane
Christianity And Antitrust, Kenneth G. Elzinga, Daniel Crane
Book Chapters
The purpose of this chapter is to consider whether the Christian faith has a nexus with the institution of antitrust. It turns out it doesn’t – and it does. For example, Christianity cannot explain why the Herfindahl–Hirschman Index is superior to the four-firm concentration ratio as a measure of industry concentration. Economics can. On the other hand, economics cannot explain why the per se rule against price-fixing is morally appropriate. The Bible can.
Interview With Khaled Beydoun, Khaled Beydoun, Nina Mozeihem, Samuel Bagenstos
Interview With Khaled Beydoun, Khaled Beydoun, Nina Mozeihem, Samuel Bagenstos
University of Michigan Journal of Law Reform
The following is a transcription of an interview with Professor Khaled Beydoun, conducted at the University of Michigan Law School on March 15, 2019. The transcript has been lightly edited for clarity.
Reforming (But Not Eliminating) The Parental Discipline Defense, Hazel Blum
Reforming (But Not Eliminating) The Parental Discipline Defense, Hazel Blum
University of Michigan Journal of Law Reform
This Note argues that although states should retain the parental discipline defense, their legislators should rewrite their statutes to limit the defense to a specific range of disciplinary methods that social science research has shown to have either net-beneficial or net-neutral effects on children. Part II explores religious and cultural attitudes about corporal punishment, including an overview of traditional American attitudes toward corporal punishment. Specifically, it explores how religious teachings, including Evangelical Christianity, Methodism, and Judaism, affect attitudes towards parental discipline. Additionally, Part II will examine the build-up to and aftermath of Sweden’s ban on corporal punishment—the first nation worldwide …
Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz
Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Schwarcz
Articles
Insurance companies are in the business of discrimination. Insurers attempt to segregate insureds into separate risk pools based on the differences in their risk profiles, first, so that different premiums can be charged to the different groups based on their differing risks and, second, to incentivize risk reduction by insureds. This is why we let insurers discriminate. There are limits, however, to the types of discrimination that are permissible for insurers. But what exactly are those limits and how are they justified? To answer these questions, this Article (a) articulates the leading fairness and efficiency arguments for and against limiting …
Civil Marriage: Threat To Democracy, Jessica Knouse
Civil Marriage: Threat To Democracy, Jessica Knouse
Michigan Journal of Gender & Law
This Article argues that civil marriage and democracy are inherently incompatible, whether assessed from a transcultural perspective that reduces them to their most universal aspects or a culturally situated perspective that accounts for their uniquely American elaborations. Across virtually all cultures, civil marriage privileges sexual partners by offering them exclusive access to highly desirable government benefits, while democracy presupposes liberty and equality. When governments privilege sexual partners, they effectively deprive their citizens of liberty by encouraging them to enter sexual partnerships rather than selfdetermining based on their own preferences; they effectively deprive their citizens of equality by establishing insidious status …
Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai
Michigan Journal of Gender & Law
In August 2009, a group of parents in California filed a lawsuit, Balde v. Alameda Unified School District, in the Superior Court of California, County of Alameda. They alleged that the Alameda Unified School District refused them the right to excuse their children from a new curriculum, Lesson 9, that would teach public elementary school children about gay, lesbian, bisexual and transgender (GLBT) families. The proposed curriculum included short sessions about GLBT people, incorporated into more general lessons about family and health, once a year from kindergarten through fifth grade. Kindergarteners would learn the harms of teasing, while fifth graders …
A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer
A Closer Look At Law: Human Rights As Multi-Level Sites Of Struggles Over Multi-Dimensional Equality, Susanne Baer
Articles
In many societies, deep conflicts arise around religious matters, and around equality. Often, religious collectives demand the right to self-determination of issues considered - by them - to be their own, and these demands collide with individual rights to, again, religious freedom. These are thus conflicts of religion v. religion. Then, collective religious freedom tends to become an obligation for all those who are defined as belonging to the collective, which carries the problem that mostly elites define its meaning and they silence dissent. Usually, such obligations are also unequal relating to gender, with different regimes for women and for …
Uncovering Identity, Paul Horowitz
Uncovering Identity, Paul Horowitz
Michigan Law Review
This Review raises several questions about Yoshino's treatment of identity, authenticity, and the "true self' in Covering. Part I summarizes Yoshino's book and offers some practical criticisms. Section II.A argues that Yoshino's treatment of authenticity and identity leaves much to be desired. Section II.B argues that Yoshino's focus on covering as an act of coerced assimilation fails to fully capture the extent to which one's identity, and one's uses of identity, may be fluid and deliberate. Section II.C focuses on another identity trait that runs through Yoshino's book, always present but never remarked upon: those aspects of identity and …
Legal Commitments And Religious Commitments, Jospeh Vining
Legal Commitments And Religious Commitments, Jospeh Vining
Articles
In his elegant and accessible new book, Law's Quandary, Steven Smith groups our various senses of what is real for us into ontological families: the mundane; the scientific, including mathematics; and the religious. These supply "lumberyards," as it were, for thought and discussion about the world and action in it. Law itself is not one of them. Those involved in law, as citizens or professionals practicing law or speaking for or about law, are presented in the book as looking out from law to the ontological resources available in the lumberyards he describes.
What's Real For Law?, Jospeh Vining
What's Real For Law?, Jospeh Vining
Articles
Law is not academic. The univeristy if not its home. Law is in the wider world and is pervasive there, in language, thought, and action.
Traditional Hindu Law In The Guise Of 'Postmodernism:' A Review Article, Donald R. Davis Jr.
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
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Commentary To Andreas Fischer- Lescano & Gunther Teubner. The Legitimacy Of International Law And The Role Of The State, Andreas L. Paulus
Michigan Journal of International Law
It will come as a surprise to many readers that Professor Teubner presented their fascinating contribution on regime collision to the Michigan Journal of International Law's Symposium on a panel devoted to "the Role of the State in International Law." Indeed, one could not imagine better devil's advocates than Professor Teubner and Dr. Andreas Fischer-Lescano. They propose a radical break with a concept of international law and order based on the autonomous will of Nation-States. Accordingly, legal regulation does not only, if at all, emanate from Nation-States, but from a panoply of other public and, mostly, private actors. Thus, the …
Freedom And Religious Tolerance In Europe, Peter Juviler
Freedom And Religious Tolerance In Europe, Peter Juviler
Michigan Journal of International Law
Review of Protecting the Human Rights of Religious Minorities in Eastern Europe (Peter Danchin & Elizabeth Cole eds.)
Revenue Bonds And Religious Education: The Constitutionality Of Conduit Financing Involving Pervasively Sectarian Institutions, Trent Collier
Revenue Bonds And Religious Education: The Constitutionality Of Conduit Financing Involving Pervasively Sectarian Institutions, Trent Collier
Michigan Law Review
The Establishment Clause - and particularly the issue of government funding of religious education - is one of the murkiest areas of Supreme Court jurisprudence. The Supreme Court has acknowledged as much, and the sharp divide in the Court's most recent forays into Establishment Clause territory illustrates the point that the current jurisprudential standards allow for a broad range of interpretation. There is some hope that the Supreme court will provide further clarification of its Establishment Clause standard in the near future. For now, however, it appears that the dominant mode of the Establishment Clause analysis is the examination of …
Nothing Is Written: Fundamentalism, Revivalism, Reformism And The Fate Of Islamic Law, Hamid M. Khan
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.
Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law
Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law
Michigan Journal of International Law
Transcript for Symposium held at the University of Michigan Law School on Saturday, April 6, 2002.
Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret
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 …
All The Company Of Heaven, Milner S. Ball
All The Company Of Heaven, Milner S. Ball
Michigan Law Review
A Review of Joseph Vining, From Newton's Sleep
The Multicultures Of Belief And Disbelief, Sanford Levinson
The Multicultures Of Belief And Disbelief, Sanford Levinson
Michigan Law Review
A Review of Battleground: One Mother's Crusade, the Religious Right, and the Struggle for Control of Our Classrooms by Stephen Bates and The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion by Stephen L. Carter
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell
Michigan Law Review
A Review of The Politics of Virtue: Is Abortion Debatable? by Elizabeth Mensch and Alan Freeman
Getting The Word, David Luban
Getting The Word, David Luban
Michigan Law Review
A Review of The Word and the Law by Milner S. Ball
Religion And Child Custody, Carl E. Schneider
Religion And Child Custody, Carl E. Schneider
University of Michigan Journal of Law Reform
In this Essay, I want to reflect on some problems at the intersection of religion, law, and the family. Specifically, I will explore the ways courts may consider a parent's religiously motivated behavior in making decisions about the custody of children. More precisely still, I will ask two questions. First, may a court refuse to award custody because of a parent's religiously motivated behavior in a dispute between a natural mother and a natural father? Second, when should a court agree to resolve a dispute between divorced parents over the religious upbringing of their children? These are topics of quiet …
Onward Constitutional Soldiers, Milner S. Ball
Onward Constitutional Soldiers, Milner S. Ball
Michigan Law Review
A Review of Constitutional Faith by Sanford Levinson
The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper
The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper
Michigan Law Review
The purpose of this Article is to analyze the holdings of the Warren Court under these two clauses in an attempt to assess their significance by reference both to earlier interpretations and to the direction they may give to future development.
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Frederic F. Brace Jr.
Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Frederic F. Brace Jr.
Michigan Law Review
The plaintiff, as a citizen, taxpayer, and parent of school children, sought an injunction to restrain the defendant school board from allowing school teachers to read the Bible aloud to students as required by a Tennessee statute. The plaintiff contended that this practice was offensive to him and in violation of the Tennessee and United States Constitutions. The trial court sustained defendant's demurrer. On appeal, held, affirmed. The statute violates neither constitution because it is not an interference with students' or parents' religious beliefs. Carden v. Bland, (Tenn. 1956) 288 S. W. (2d) 718.
Equity-Disinterment Of Dead Body Buried In Another's Land, Richard H. Conn
Equity-Disinterment Of Dead Body Buried In Another's Land, Richard H. Conn
Michigan Law Review
Complainant sought a decree in equity compelling defendant, administratrix of the estate of one Abram London, to remove the body of deceased from a grave on land belonging to complainant. Complainant had purchased the land in 1934, but through error of the cemetery officials it was resold to London in 1944. London's wife was buried in the adjacent plot. Defendant contended that the relief requested would transgress London's wish to be buried adjacent to his wife. Held, decree granted. The body of a person buried in a grave belonging to another is not properly buried, and the court will …
The Law In Its Relation To Religion And Morals, Edwin C. Goddard
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 Legal Status Of The Teacher, Floyd R. Mechem
The Legal Status Of The Teacher, Floyd R. Mechem
Articles
Prof. Mechem's address on the status of public and private school teachers.
The Legal Status Of The Teacher, Floyd R. Mechem
The Legal Status Of The Teacher, Floyd R. Mechem
Other Publications
The subject upon which I have been asked to speak, is the legal status of the teacher. In endeavoring to comply with this request, I have assumed that such an audience as this would not be interested in the bare legal aspect of the question, as an audience of lawyers might be. Nevertheless, any effort to speak upon the teacher's legal status necessarily presupposes that what is to be said on the social, political, or pedagogical sides of the matter will be said by others, and that only that which pertains to the legal aspect is now in order. The …