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Articles 31 - 60 of 130
Full-Text Articles in Law
What Counts As Discrimination In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake
What Counts As Discrimination In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake
South Carolina Law Review
No abstract provided.
Public Law, Private Law, And Legal Science, Chaim Saiman
Public Law, Private Law, And Legal Science, Chaim Saiman
Working Paper Series
This essay explores the historical and conceptual connections between private law and nineteenth century classical legal science from the perspective of German, American, and Jewish law. In each context, legal science flourished when scholars examined the confined doctrines traditional to private law, but fell apart when applied to public, administrative and regulatory law. Moving to the contemporary context, while traditional private law scholarship retains a prominent position in German law and academia, American law has increasingly shifted its focus from the language of substantive private law to a legal regime centered on public and procedural law. The essay concludes by …
Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca
Civil Resolution Of Ecclesiastical Disputes, Paul E. Salamanca
Law Faculty Popular Media
In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Paul E. Salamanca discusses three historically prominent approaches to solving legal problems in ecclesiastical disputes.
The Protection And Alienation Of Religious Minorities: On The Evolution Of The Endorsement Test, Mark Strasser
The Protection And Alienation Of Religious Minorities: On The Evolution Of The Endorsement Test, Mark Strasser
Mark Strasser
The Endorsement test is one of the tests currently used by the United States Supreme Court to determine whether a particular state practice implicating religion passes constitutional muster and has been described as the test to make that determination. While commentators have noted that the current test is difficult for lower courts to apply and is likely to result in relevantly similar cases being decided dissimilarly, too little attention has been paid to the ways that the test itself has evolved. The Court’s more recent applications of the test have conveyed a message far different from the one previously communicated, …
May 8, 2008: Church-State Talk To Pittsburgh Aclu, Bruce Ledewitz
May 8, 2008: Church-State Talk To Pittsburgh Aclu, Bruce Ledewitz
Hallowed Secularism
Blog post, “Church-State Talk to Pittsburgh ACLU“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan
Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan
Working Paper Series
There is an ongoing debate about whether the U.S. Constitution includes -- or should be interpreted to include -- a principle of "church autonomy." Catholic doctrine and political theology, by contrast, clearly articulated a principle of "libertas ecclesiae," liberty of the church, when during the nineteenth and early twentieth centuries the Church differentiated herself from the state. This article explores the meaning and origin of the doctrine of the libertas ecclesiae and the proper relationship among churches, civil society, and government. In doing so, it highlights the points at which church and state should cooperate and the points at which …
“What’S The Matter With You Catholics?” Soundings In Catholic Social Thought: Traditions In Turmoil. By Mary Ann Glendon, Patrick Mckinley Brennan
“What’S The Matter With You Catholics?” Soundings In Catholic Social Thought: Traditions In Turmoil. By Mary Ann Glendon, Patrick Mckinley Brennan
Working Paper Series
This review essay of Mary Ann Glendon's Traditions in Turmoil (2006) explores such topics as tradition, moral discourse, human rights, subsidiarity, natural law, the common good, civil society, and constitutional and statutory interpretation. In doing so, it provides an introduction both to Catholic social thought and to the thought of Bernard Lonergan.
Beware The "One-Flesh Union": Conservatives Coalesce In Opposition To Same-Sex Marriage, William B. Turner
Beware The "One-Flesh Union": Conservatives Coalesce In Opposition To Same-Sex Marriage, William B. Turner
William B Turner
This article explores the notion of "one-flesh union" as the definitional basis for marriage according to Christian conservatives, and as an indication of the ways in which various types of Christian conservatives are overcoming their historical animosity to unite in opposition to same-sex marriage. The phrase, "one-flesh union," comes directly from the Biblical book of Genesis.
April 29, 2008: Anti-Religion, Progressive Religion And Religion, Bruce Ledewitz
April 29, 2008: Anti-Religion, Progressive Religion And Religion, Bruce Ledewitz
Hallowed Secularism
Anti-Religion, Progressive Religion and Religion
April 18, 2008: Modern Arbitrariness, Bruce Ledewitz
April 18, 2008: Modern Arbitrariness, Bruce Ledewitz
Hallowed Secularism
Modern Arbitrariness
April 8, 2008: Hallowed Secularism And The Dalai Lama, Bruce Ledewitz
April 8, 2008: Hallowed Secularism And The Dalai Lama, Bruce Ledewitz
Hallowed Secularism
Hallowed Secularism and the Dalai Lama
Book Review, Eric Heinze
Book Review, Eric Heinze
Prof. Eric Heinze, Queen Mary University of London
Book Review: Randall Baldwin Clark, "The Law Most Beautiful and Best: Medical Argument and Magical Rhetoric in Plato’s Laws", Lexington Books, 2004 (pp. 178 + xiv) Randall Clark has distinguished himself among a growing number of scholars taking a new look at theories of law in ancient Greek texts. The review examines a number of original features of Clark’s approach, and shows how the book sheds new light on important themes in Plato’s Republic and Laws.
April 6, 2008: The Battle For Our Religions, Bruce Ledewitz
April 6, 2008: The Battle For Our Religions, Bruce Ledewitz
Hallowed Secularism
The Battle for Our Religions
April 2, 2008: Death And Resurrection, Bruce Ledewitz
April 2, 2008: Death And Resurrection, Bruce Ledewitz
Hallowed Secularism
Death and Resurrection
March 29, 2008: Secularists And Tibet, Bruce Ledewitz
March 29, 2008: Secularists And Tibet, Bruce Ledewitz
Hallowed Secularism
Secularists and Tibet
Religion In The Schools, Mark Strasser
Religion In The Schools, Mark Strasser
Mark Strasser
This Article traces the development of modern Establishment Clause jurisprudence with respect to religion in the public schools, noting how the Court’s analyses and justifications have changed over time, protestations to the contrary notwithstanding. The Article examines how the logic of the Court’s current approach would permit practices long thought to violate Establishment Clause guarantees, concluding that the current approach is radically misconceived as a matter of both constitutional law and good public policy.
March 26, 2008: Murray Chass Doesn't Like Religion, Bruce Ledewitz
March 26, 2008: Murray Chass Doesn't Like Religion, Bruce Ledewitz
Hallowed Secularism
No abstract provided.
The Place Of Storytelling In Legal Reasoning: Abraham Joshua Heschel’S Torah Min Hashamayim, Stefan H. Krieger
The Place Of Storytelling In Legal Reasoning: Abraham Joshua Heschel’S Torah Min Hashamayim, Stefan H. Krieger
Stefan H Krieger
This article reads the teachings of two rabbis from the Second Century through the lenses of cognitive science on legal thinking and shows the relationship of their narratives and legal opinions. Cognitive scientists posit that both logical and narrative thinking are essential modes of cognitive functioning. The stories and legal decisions of Rabbi Akiva and Rabbi Ishmael, as described by Abraham Joshua Heschel in his masterpiece, Torah Min Hashamayim (Heavenly Torah) support these insights. Both rabbis lived in a critical period in Jewish history. The Temple, the central focus of the people’s connection with God, had been destroyed; large numbers …
March 23, 2008: Fundamentalist Religion, Secularism And The Real Thing, Bruce Ledewitz
March 23, 2008: Fundamentalist Religion, Secularism And The Real Thing, Bruce Ledewitz
Hallowed Secularism
Fundamentalist Religion, Secularism and the Real Thing
The Devil Is In The Details: Policing The Implementation Of The Military Chaplaincy, Liam J. Montgomery
The Devil Is In The Details: Policing The Implementation Of The Military Chaplaincy, Liam J. Montgomery
Liam J Montgomery
While a court has validated the military chaplaincy as not violating the First Amendment, no court has properly scrutinized the implementation of the chaplaincy. Recent events illustrate that the military is not implementing this clear (and yet necessary and proper) establishment of religion in the most constitutionally permissible manner. By requiring prospective chaplains to obtain and retain the endorsement of an approved ecclesiastical endorsing agency, the military raises both serious Establishment and Free Exercise issues. This paper explores the constitutional implications of the chaplain endorsement system, including an examination of the history of the chaplaincy and the difficult roles that …
March 21, 2008: March Atlantic Monthly And The Influence Of Religion, Bruce Ledewitz
March 21, 2008: March Atlantic Monthly And The Influence Of Religion, Bruce Ledewitz
Hallowed Secularism
March Atlantic Monthly and the Influence of Religion
Chaos, Law, And God: The Religious Meanings Of Homosexuality, Jay Michaelson
Chaos, Law, And God: The Religious Meanings Of Homosexuality, Jay Michaelson
Jay Michaelson
What is the meaning of gay rights in contemporary religious-political discourse? Though some explain homosexuality's disproportionate prominence in terms of homophobia, "church and state," or traditional values versus progressive ones, this article suggests that the legal regulation of sexuality has a far deeper, and more specific, religious meaning: sexuality is a primary site in which religious law is engendered, where the lawfulness of religion meets the chaos beyond it. Arguments about gay rights, same-sex marriage, and related issues are not merely arguments informed by religious values; they are arguments about the nature of religion itself. The article begins by providing …
Color Me Bad: An Indigenous & Pluralist Reclamation Of Arab American Identity, Khaled A. Beydoun
Color Me Bad: An Indigenous & Pluralist Reclamation Of Arab American Identity, Khaled A. Beydoun
Khaled A Beydoun
The piece titled, "Color Me Bad: Toward an Indigenous Reclamation of Arab American Identity," addresses the unilateral and conflicting ethnic designations imposed on Arab Americans. Post-9/11 legislation and institutional reshuffling, and the ultimately foundation of the Dept. of Homeland Security, led to the categorical profiling of Arab Americans as political menace, subversives, or to quote Edward Said, society's "other." However, the formal designation constructed by the Office of Business & Management (which informs the Census and other statistical data) classifies Arab Americans as "Caucasian," which runs contrary to the sociopolitical treatment of this community on the ground.
Does The Constitutional Norm Of Separation Of Church And State Justify The Denial Of Tax Exemption To Churches That Engage In Partisan Political Speech?, Johnny Buckles
Johnny Buckles
The Internal Revenue Service is aggressively investigating churches for their alleged political endorsements of candidates in the 2008 presidential election. At issue is whether these churches have violated section 501(c)(3) of the Internal Revenue Code, which imposes a ban on electioneering by churches and other charities as a condition of maintaining federal income tax exemption. The ban has been justified as necessary to ensure the proper separation of church and state. This article critically analyzes this rationale for the ban. Four major variants of the separationist argument are articulated and thoroughly analyzed in the context of relevant Supreme Court case …
March 13, 2008: More On Progressive Religion, Bruce Ledewitz
March 13, 2008: More On Progressive Religion, Bruce Ledewitz
Hallowed Secularism
More on Progressive Religion
March 11, 2008: The Democratic Party Turns To Religion, Bruce Ledewitz
March 11, 2008: The Democratic Party Turns To Religion, Bruce Ledewitz
Hallowed Secularism
The Democratic Party Turns to Religion
March 9, 2008: The End Of An Illusion, Bruce Ledewitz
March 9, 2008: The End Of An Illusion, Bruce Ledewitz
Hallowed Secularism
The End of an Illusion
Mis-Under-Standing Freedom From Religion: Two Cents On Madison's Three Pence, Kyle Duncan
Mis-Under-Standing Freedom From Religion: Two Cents On Madison's Three Pence, Kyle Duncan
Kyle Duncan
Forty years ago in Flast v. Cohen, the Supreme Court created, for Establishment Clause cases only, a dramatic exception to a bedrock principle of standing doctrine, based on one catchy phrase from a famous historical document—James Madison’s 1785 Memorial and Remonstrance Against Religious Assessments. The Court has been notoriously bad at Establishment Clause history, but Flast seemed to push the envelope. Yet neither the Court nor commentators seemed to question Flast’s historical credentials over the last four decades. Recently, the Supreme Court took up the standing question again in Hein v. Freedom From Religion Foundation, Inc. Unhappily, the justices’ various …
Shari'ah's Black Box: Civil Liability And Criminal Exposure Surrounding Shari'ah-Compliant Finance, David Yerushalmi
Shari'ah's Black Box: Civil Liability And Criminal Exposure Surrounding Shari'ah-Compliant Finance, David Yerushalmi
David Yerushalmi
This article examines the multitude of legal issues - both criminal and civil - that Shari'ah-compliant finance (SCF) presents to U.S. financial institutions and their professional advisers. In short, SCF is the practice of investing in conformity with Islamic law (Shari'ah). Such investment appears at first glance innocuous. With only a modicum of probing, however, SCF turns out to be a black box, where the financial industry and their legal professionals have hidden a doctrine at war with the West and have ignored the dangers and risks posed by Shari'ah authorities who determine the rules and principles of this industry. …
March 7, 2008: Progressive Religion And Hallowed Secularism, Bruce Ledewitz
March 7, 2008: Progressive Religion And Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Progressive Religion and Hallowed Secularism