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Full-Text Articles in Law

Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And The Social Teaching Of The Church, Rob Atkinson May 2016

Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And The Social Teaching Of The Church, Rob Atkinson

Fordham Law Review

This Article seeks a common ground for theists of the Abrahamist religious faiths and agnostics in the Socratic philosophical tradition on the role that the liberal state should play in advancing the two coordinate aims of traditional philanthropy: helping society’s least well off and advancing the highest forms of human excellence. It focuses particularly on Abrahamists who are orthodox Catholics and Socratics who are left-liberals, distinguishing their broad views on the liberal state’s proper philanthropic role from the far narrower views of libertarians and other right-liberals. It concludes that adherents of Catholic Social Teaching and advocates of secular left-liberalism can …


Measuring A “Spiritual Stake”: How To Determine Injury-In-Fact In Challenges To Public Displays Of Religion, Ashley C. Robson Apr 2013

Measuring A “Spiritual Stake”: How To Determine Injury-In-Fact In Challenges To Public Displays Of Religion, Ashley C. Robson

Fordham Law Review

This Note analyzes the unique standing problem introduced by a particular set of Establishment Clause cases: those concerning nontaxpayer–based challenges to alleged “public displays” of religious symbols. This injury–in–fact problem arises due to the nature of the specific type of harm recognized by the U.S. Supreme Court in the context of religious displays: the public endorsement of religion. Due to this unusually subjective harm, it is unclear how the courts should evaluate this threshold injury–in–fact inquiry. This Note analyzes the legal conflict arising from the attempt to remain faithful to both the traditional injury–in–fact standing requirements and the endorsement test …


Twenty-First-Century Loving: Nationality, Gender, And Religion In The Muslim World, Adrien Katherine Wing Jan 2008

Twenty-First-Century Loving: Nationality, Gender, And Religion In The Muslim World, Adrien Katherine Wing

Fordham Law Review

No abstract provided.


Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin Jan 2007

Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin

Fordham Law Review

This Article critiques the constitutional underpinnings of the “ministerial exemption,” which grants religious organizations immunity from discrimination suits brought by “ministerial” employees. These employees, who range from parochial schoolteachers to church music directors, cannot assert Title VII race or sex discrimination claims against their religious employers--regardless of whether or not religious belief motivated the discrimination. Lower courts and commentators assert that the right of church autonomy created by the religion clauses requires this result, but the Supreme Court has never blessed (nor rejected) it. This Article argues there is no place for the ministerial exemption under the Supreme Court's current …


Justice Stevens, Religious Freedom, And The Value Of Equal Membership, Christopher L. Eisgruber Jan 2006

Justice Stevens, Religious Freedom, And The Value Of Equal Membership, Christopher L. Eisgruber

Fordham Law Review

No abstract provided.


Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Moises Penalver Jan 2006

Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Moises Penalver

Fordham Law Review

No abstract provided.


Families, Associations, And Political Pluralism, William A. Galston Jan 2006

Families, Associations, And Political Pluralism, William A. Galston

Fordham Law Review

No abstract provided.


Resolving The Controversy Over "Teaching The Controversy": The Constitutionality Of Teaching Intelligent Design In Public Schools, David R. Bauer Jan 2006

Resolving The Controversy Over "Teaching The Controversy": The Constitutionality Of Teaching Intelligent Design In Public Schools, David R. Bauer

Fordham Law Review

No abstract provided.


White Knight?: Can The Commerce Clause Save The Religious Land Use And Institutionalized Persons Act?, Lara A. Berwanger Jan 2004

White Knight?: Can The Commerce Clause Save The Religious Land Use And Institutionalized Persons Act?, Lara A. Berwanger

Fordham Law Review

No abstract provided.


Constitutional Reductionism, Rawls, And The Religion Clauses, Abner S. Greene Jan 2004

Constitutional Reductionism, Rawls, And The Religion Clauses, Abner S. Greene

Fordham Law Review

No abstract provided.


The Constitutional Validity Of The Religious Land Use And Institutionalized Persons Act Of 2000: Will Rluipa's Strict Scrutiny Survive The Supreme Court's Strict Scrutiny?, Caroline R. Adams Jan 2002

The Constitutional Validity Of The Religious Land Use And Institutionalized Persons Act Of 2000: Will Rluipa's Strict Scrutiny Survive The Supreme Court's Strict Scrutiny?, Caroline R. Adams

Fordham Law Review

No abstract provided.


The Push To Private Religious Expression: Are We Missing Something?, Kathleen A. Brady Jan 2002

The Push To Private Religious Expression: Are We Missing Something?, Kathleen A. Brady

Fordham Law Review

No abstract provided.


What Does Religion Have To Do With Legal Ethics? A Response To Professor Allegretti, James M. Jenkins Jan 1998

What Does Religion Have To Do With Legal Ethics? A Response To Professor Allegretti, James M. Jenkins

Fordham Law Review

No abstract provided.


Risking The Terrible Question Of Religion In The Life Of The Lawyer, Burnele Venable Powell Jan 1998

Risking The Terrible Question Of Religion In The Life Of The Lawyer, Burnele Venable Powell

Fordham Law Review

No abstract provided.


Agenda: Deciding Whether To Represent A Client: Group #5 Jan 1998

Agenda: Deciding Whether To Represent A Client: Group #5

Fordham Law Review

No abstract provided.


Agenda: Pro Bono And Service Obligations: Group #7 Jan 1998

Agenda: Pro Bono And Service Obligations: Group #7

Fordham Law Review

No abstract provided.


Report Of Working Group #4, Sarice Retrey Jan 1998

Report Of Working Group #4, Sarice Retrey

Fordham Law Review

No abstract provided.


Foreword, Symposium, The Religious Lawyering Movement: An Emerging Force In Legal Ethics And Professionalism, Russell G. Pearce Jan 1998

Foreword, Symposium, The Religious Lawyering Movement: An Emerging Force In Legal Ethics And Professionalism, Russell G. Pearce

Fordham Law Review

No abstract provided.


Remarks, Symposium, Religion And The Lawyer, N. Lee Cooper Jan 1998

Remarks, Symposium, Religion And The Lawyer, N. Lee Cooper

Fordham Law Review

No abstract provided.


Remarks, Symposium, Faith Tends To Subvert Legal Order, Thomas L. Shaffer Jan 1998

Remarks, Symposium, Faith Tends To Subvert Legal Order, Thomas L. Shaffer

Fordham Law Review

No abstract provided.


A Religious Perspective On Legal Practice And Ethics, Joseph Allegretti Jan 1998

A Religious Perspective On Legal Practice And Ethics, Joseph Allegretti

Fordham Law Review

No abstract provided.


Faith And The Attorney-Client Relationship: A Muslim Perspective, Azizah Y. Al-Hibri Jan 1998

Faith And The Attorney-Client Relationship: A Muslim Perspective, Azizah Y. Al-Hibri

Fordham Law Review

No abstract provided.


Response To The Paper Authored By Professor Joseph Allegretti: Lawyers, Clients, And Covenant: A Religious Perspective On The Legal Practice And Ethics, Peggy T. Cantwell Jan 1998

Response To The Paper Authored By Professor Joseph Allegretti: Lawyers, Clients, And Covenant: A Religious Perspective On The Legal Practice And Ethics, Peggy T. Cantwell

Fordham Law Review

No abstract provided.


Response To Joseph Allegretti: The Relevance Of Religion To A Lawyer's Work, Lawrence A. Hoffman Jan 1998

Response To Joseph Allegretti: The Relevance Of Religion To A Lawyer's Work, Lawrence A. Hoffman

Fordham Law Review

No abstract provided.


Being A Buddhist And A Lawyer, Kinji Kanazawa Jan 1998

Being A Buddhist And A Lawyer, Kinji Kanazawa

Fordham Law Review

No abstract provided.


Convenanting With The Powerless: Strangers, Widows, And Orphans, Ana Maria Pineda Jan 1998

Convenanting With The Powerless: Strangers, Widows, And Orphans, Ana Maria Pineda

Fordham Law Review

No abstract provided.


Practitioners Of Hindu Law: Acient And Modern, K.L. Seshagiri Rao Jan 1998

Practitioners Of Hindu Law: Acient And Modern, K.L. Seshagiri Rao

Fordham Law Review

No abstract provided.


Jurisprudence And Theology, Edward B. Foley Jan 1998

Jurisprudence And Theology, Edward B. Foley

Fordham Law Review

No abstract provided.


Spirited Debate: A Comment On Edward B. Foley's Jurisprudence And Theology, Perry Dane Jan 1998

Spirited Debate: A Comment On Edward B. Foley's Jurisprudence And Theology, Perry Dane

Fordham Law Review

No abstract provided.


Muslims And Accessible Jurisprudence In Liberal Democracies: A Response To Edward B. Foley's Jurisprudence And Theology, Khaled Abou El Fadl Jan 1998

Muslims And Accessible Jurisprudence In Liberal Democracies: A Response To Edward B. Foley's Jurisprudence And Theology, Khaled Abou El Fadl

Fordham Law Review

No abstract provided.