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Full-Text Articles in Law

Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz Dec 1998

Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Imperfect Death Penalty Not Acceptable, Bruce Ledewitz Aug 1998

Imperfect Death Penalty Not Acceptable, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Constitutionalizing Kwik-E-Mart, Bruce Ledewitz Jun 1998

Constitutionalizing Kwik-E-Mart, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Review Of What Are Freedoms For?, By John H. Garvey, Scott D. Pomfret May 1998

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 …


Religious Rituals And Latcrit Theorizing, Margaret E. Montoya Jan 1998

Religious Rituals And Latcrit Theorizing, Margaret E. Montoya

Faculty Scholarship

After the first annual LatCrit conference held at La Jolla, California, Professor Keith Aoki observed that "issues of religion and spirituality are submerged not far below the surface of emerging Latina/o Critical Theory." He proposed that LatCrits begin to "unbracket" religious affiliation and identity in the construction and representation of individual and group racial identities. Professor Aoki further posited that "[i]n a paradoxical way, religion simultaneously may be both more and less difficult to voluntarily discard than race, language or nationality as a constitutive element of one's individual and group identity.


Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz Jan 1998

Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Disturbing The Peace, Emily A. Hartigan Jan 1998

Disturbing The Peace, Emily A. Hartigan

Faculty Articles


When concerns of race, gender, and orientation intersect with the Catholic faith and church, the interaction can prove painful and difficult. Experiences of feeling judged or condemned ricochet between camps, the members of each desperate to defend that which they feel is inherent to them, to their identities and self-understanding. But despite the damage that Catholicism can and has inflicted by its striction and history, it retains a mode of outreach to the disaffected—La Virgen, dark and female and still only just coming to be understood. She is controversial and always subject to attempts at political manipulation, but she is …


Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard A. Glickstein Jan 1998

Academic Freedom In Religiously Affiliated Law Schools: A Jewish Perspective. (Symposium On Religiously Affiliated Law Schools), Howard A. Glickstein

Scholarly Works

No abstract provided.


Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman Jan 1998

Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman

Scholarly Works

No abstract provided.


Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine Jan 1998

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Scholarly Works

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …


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.


Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow Jan 1998

Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

Elizabeth Clark's essays on early nineteenth-century reform movements make a compelling case that abolitionists and feminists alike understood individual rights from a profoundly religious perspective. Clark also demonstrates how these reformers advocated the protection of so-called "natural rights" for enslaved African-Americans and white women in the vivid and fervently emotional language of evangelical revivalism. Broader cultural and intellectual trends of resistance to governmental and clerical authority, trends rooted in liberal and evangelical Protestantism, Clark argues, helped fuel attacks on slavery and gender inequality. Rejecting other historians' portrayals of the antebellum reformers as primarily secular in orientation, Clark makes the arresting, …


Playing Noah, John C. Nagle Jan 1998

Playing Noah, John C. Nagle

Journal Articles

The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …


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.