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Religion

2002

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Full-Text Articles in Law

Winking At Jubelirer’S Maneuvers, Bruce Ledewitz Oct 2002

Winking At Jubelirer’S Maneuvers, Bruce Ledewitz

Ledewitz Papers

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


Choice Programs And Market-Based Separationism, Paul E. Salamanca Oct 2002

Choice Programs And Market-Based Separationism, Paul E. Salamanca

Law Faculty Scholarly Articles

The Supreme Court's recent decision in Zelman v. Simmons-Harris appears to clear the way for a wide variety of educational and charitable choice plans. In this decision, the Court upheld against Establishment Cause Challenge a formally neutral school choice program that encompassed a wide variety of options in the public and private sector, including private sectarian schools. The Court reasoned that, when the government makes aid available to a broad class of recipients without regard to their religious or non-religious affiliation, and when the recipients have a genuine choice as to whether to obtain that aid from a religious or …


Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee, David W. Newton Sep 2002

Of Orphans And Vouchers: Nevada's "Little Blaine Amendment" And The Future Of Religious Participation In Public Programs, Jay S. Bybee, David W. Newton

Nevada Law Journal

No abstract provided.


"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman Apr 2002

"Charitable Choice" And The Accountability Challenge: Reconciling The Need For Regulation With The First Amendment Religion Clauses, Michele E. Gilman

All Faculty Scholarship

Since 1996, Congress has included charitable choice provisions in several social welfare statutes to encourage the participation of religious organizations in administering government-funded social service programs. In this Article, Professor Michele Gilman discusses the lack of accountability to beneficiaries that occurs when public funds are given to religious organizations for secular programs, and she proposes solutions to this problem. As Professor Gilman explains, doctrines that constrain abuses of governmental discretion, such as administrative procedure acts and constitutional restrictions, generally do not apply when public programs are privatized. Moreover, religious organizations are often insulated from public scrutiny because of First Amendment …


Religion, Politics, And The 2000 Presidential Election: A Selective Survey And Tentative Appraisal, Daniel O. Conkle Apr 2002

Religion, Politics, And The 2000 Presidential Election: A Selective Survey And Tentative Appraisal, Daniel O. Conkle

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams Apr 2002

Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


Revenue Bonds And Religious Education: The Constitutionality Of Conduit Financing Involving Pervasively Sectarian Institutions, Trent Collier Mar 2002

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 …


Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin Mar 2002

Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin

Nevada Law Journal

No abstract provided.


Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler Feb 2002

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

William & Mary Law Review

No abstract provided.


Jubelirer’S Jubilee, Bruce Ledewitz Jan 2002

Jubelirer’S Jubilee, Bruce Ledewitz

Ledewitz Papers

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


Paradise Lost: Good News Club, Charitable Choice, And The State Of Religious Freedom, Ian C. Bartrum Jan 2002

Paradise Lost: Good News Club, Charitable Choice, And The State Of Religious Freedom, Ian C. Bartrum

Scholarly Works

The United States Constitution's two religion clauses prohibit Congress from passing laws that establish religion or restrict its free exercise. This Note argues that James Madison and Thomas Jefferson worked to include this language in the Constitution because of their belief that citizens' religious duties were more fundamental than their civic duties. It argues that they intended the Constitution's religion clauses to form a simple dialectic: the government may not force citizens to renounce their religious duties by compelling them to support another faith, nor may it pass laws that act coercively to restrict their religious beliefs and practices. This …


The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz Jan 2002

The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz

Ledewitz Papers

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


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.


Supersizing Religion: Megachurches, Sprawl, And Smart Growth, Jonathan D. Weiss, Randy Lowell Jan 2002

Supersizing Religion: Megachurches, Sprawl, And Smart Growth, Jonathan D. Weiss, Randy Lowell

Saint Louis University Public Law Review

No abstract provided.


The Use Of Social Cubism In The Analysis Of Community Conflicts, Juudith Mckay Jan 2002

The Use Of Social Cubism In The Analysis Of Community Conflicts, Juudith Mckay

ILSA Journal of International & Comparative Law

The theory of Social Cubism, a theory originally designed for the analysis of international ethnoterritorial conflict…


The Evolution Of Iranian Islamism From The Revolution Through The Contemporary Reformers, Jeffrey Omar Usman Jan 2002

The Evolution Of Iranian Islamism From The Revolution Through The Contemporary Reformers, Jeffrey Omar Usman

Law Faculty Scholarship

This Note explores the evolution and maturation of Iranian Islamism from the revolutionary elites through the contemporary reformers of the 21st century. The Author examines the conflicting ideological influences that are shaping the Islamist movement in Iran. This Note begins by presenting the framework of the fundamental contradictions that underlie Iranian Islamist ideology. The analysis of the Iranian Constitution is divided into an exploration of the institutional role of the clerical elites in the form of the faqih and the Council of Guardians, the constitutionally defined role of women, the democratic elements in the Iranian Constitution, and Marxism and environmentalism …


For Those Who Have Faith, Peter M. Cicchino Jan 2002

For Those Who Have Faith, Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Is Tom Shaffer A Covenantal Lawyer?, Marie Failinger Jan 2002

Is Tom Shaffer A Covenantal Lawyer?, Marie Failinger

Faculty Scholarship

In this festschrift article in honor of Tom Shaffer, the author considers what Shaffer’s work may share with “covenantal” ethics, a form of ethical argument that is not interchangeable with other traditions familiar from Shaffer’s body of work, such as the ethics of friendship or care or the ethics of virtue. Describing the ancient understanding of covenants, the article explores a few of the complexities arising from covenantal ethics in a professional context, themes such as the creation of obligation by historical decision, which has implications for the treatment of strangers; the ambivalence of covenantal ethics on the value of …


The Limits Of Secularism: Public Religious Expression In Moments Of National Crisis And Tragedy, William P. Marshall Jan 2002

The Limits Of Secularism: Public Religious Expression In Moments Of National Crisis And Tragedy, William P. Marshall

Faculty Publications

No abstract provided.


A Closer Look At Good News V. Milford: What Are The Implications? (Stay Tuned) , John E. Dunsford Jan 2002

A Closer Look At Good News V. Milford: What Are The Implications? (Stay Tuned) , John E. Dunsford

Seattle University Law Review

This article will examine: (1) whether Lamb's Chapel should control; (2) whether there is a relevant distinction between religious viewpoint and subject matter; (3) whether a forum open to much of the public may be limited to others; (4) whether the presence of prayer and worship should affect the right of a private organization to access public property; and (5) whether such use of public property violates the Establishment Clause.


Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson Jan 2002

Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson

Scholarly Works

International law requires that a refugee have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. It is not enough to be at risk of being persecuted, nor is it even enough to be a member of a particular race or religion. There must be a “nexus” between the danger and one of the five Convention-recognized reasons for persecution. In the 1998 decision in Adan v. Secretary of State for the Home Department, the House of Lords concluded that a man fleeing clan warfare in Somalia could not …


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.


Dueling Fates: Should The International Legal Regine Accept A Collective Or Individual Pradigm To Protect Women's Rights?, Michigan Journal Of International Law Jan 2002

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.


Public School Education About Beginnings: Creationism, No! Truth About Science, Yes!, Daniel G. Gibbens Jan 2002

Public School Education About Beginnings: Creationism, No! Truth About Science, Yes!, Daniel G. Gibbens

Oklahoma Law Review

No abstract provided.


For Those Who Have Faith, Peter M. Cicchino Jan 2002

For Those Who Have Faith, Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Free Exercise Rights Of Pregnant Women Who Refuse Medical Treatment, April L. Cherry Jan 2002

The Free Exercise Rights Of Pregnant Women Who Refuse Medical Treatment, April L. Cherry

Law Faculty Articles and Essays

In Part II, I outline the values protected by the free exercise clause. I also analyze modern free exercise jurisprudence, ending with the status of religious exemptions from laws of general applicability since the Supreme Court's decision in Employment Division v. Smith, which severely limits the situations in which strict scrutiny will be applied to analyze government actions that compels a religious believer to act contrary to her beliefs. In Part III, I first discuss the law regarding the right to refuse medical treatment. I then explore the states' rationales for using the force of law on pregnant women who …


The Role Of A Lawyer's Morals And Religion When Counseling Clients In Bioethics, Joseph Allegretti Jan 2002

The Role Of A Lawyer's Morals And Religion When Counseling Clients In Bioethics, Joseph Allegretti

Fordham Urban Law Journal

This Article examines how a lawyer may handle conflicts that arise when counseling clients on bioethics issues. Through an exploration of three standard client counseling models - authoritarian, client-centered and collaborative - the author presents suggestions on how to handle a conflict between the lawyer's own moral and religious values and the choices available to the client. The author suggests that lawyers are not barred from incorporating their own values as long as they communicate that decision to the client.


Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra Jan 2002

Toward Epistemic Justice: A Response To Professor Goldberg, Dominic J. Balestra

Fordham Urban Law Journal

This Article is a response to Steven Goldberg's article and lecture "Religious Contributions to the Bioethics Debate: Utilizing Legal Rights while Avoiding Scientific Temptations," 30 Fordham Urb. L.J., 35 (2002) (available at http://new.fordhamj.org/demonstration/dc/v30/13_30FordhamUrbLJ35(2002-2003).pdf). The author argues that the question is not the place of values in a world of fact, but the place of facts in a world of values.


Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare Jan 2002

Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare

Fordham Urban Law Journal

This Article sets forth the fundamental teachings from which the Roman Catholic Chruch derives its positions on New Reproductive Technologies (NRTs). It further demonstrates the application of these teachings to some of the specific medical techniques commonly used in the course of NRTs. The Church's legislative recommendations are then summarized.