Law Commons^™

Deed Of Mistrust?: The Use Of Land Transfers To Evade The Establishment Clause, David C. Peet

American University Law Review

No abstract provided.

The Height Of Sophistication: Law And Professionalism In The City-State Of Charleston, South Carolina, 1670-1775, William E. Nelson

South Carolina Law Review

No abstract provided.

Refuge From A Jurisprudence Of Doubt: Hohfeldian Analysis Of Constitutional Law, Allen Thomas O'Rourke

South Carolina Law Review

No abstract provided.

When Insiders Become Outsiders: Parental Objections To Public School Sex Education Programs, Emily J. Brown

Duke Law Journal

This Note argues that parents' fundamental right to direct their children's moral and educational upbringing includes the right to exempt their children from objectionable sex education programs in public schools. Schools usurp parents' fundamental rights when they unilaterally introduce children to topics of human sexuality without parental notice or permission. Alleged violations of these rights merit strict scrutiny review from courts. When parents' objections are confined to discrete, tangible events, parents are constitutionally entitled to exempt their children from objectionable activities. The efficacy of this constitutional relief is more limited, however, when parental objections are pervasive and unassociated with a …

Religious Law Schools: Tension Between Conscience And Academic Freedom, Kent Greenawalt

Journal of Legal Education

No abstract provided.

Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John Garvey

Journal of Legal Education

No abstract provided.

Religiously Affiliated Law Schools, Values, And Professionalism, James D. Gordon Iii

Journal of Legal Education

No abstract provided.

The Role Of One Religiously Affiliated Law School, Michael Herz

Journal of Legal Education

No abstract provided.

The Added Value And Prerogatives Of Law Schools With A Faith Mission, Bradley J.B. Toben

Journal of Legal Education

No abstract provided.

The Essence Of Human Rights: A Religious Critique, Gordon Butler

University of Richmond Law Review

No abstract provided.

Caesar's Faith: Limited Government And Freedom Of Religion In Bruker V. Marcovitz, F C. Decoste

Dalhousie Law Journal

The Supreme Court of Canada has long pursued the view that our law is somehow an expression and repository of what it terms "Canada 's fundamental values." In Bruker v. Marcovitz, the Court added to the catalogue of these judicially decreed and enforced values one concerning religion, namely, the protection of Canadians against the arbitrary disadvantages of their religions. This comment argues that the Court's judgment in this regard constitutes a fundamental threat to religious liberty inasmuch as it subordinates religious beliefand practice to state values by making the legal acceptability of the former turn on their conformity to the …

Peace From Below: Recent Steps Taken Along The Track-Two Diplomacy Path, Michael Thomas Kuchinsky

Human Rights & Human Welfare

A review of:

Peacemakers in Action: Profiles of Religion in Conflict Resolution. Edited by David Little. New York: Cambridge University Press, 2007.

and

Peace Out of Reach: Middle Eastern Travels and the Search for Reconciliation. By Stephen Eric Bronner. Lexington: University Press of Kentucky, 2007.

The Uses And Abuses Of Religion In Child Custody Cases: Parents Outside The Wall Of Separation, Joshua S. Press

Indiana Law Journal

Religious custody disputes such as those at the Fundamentalist Church of Jesus Christ of Latter-Day Saints compound in April, 2008 are very complex and are finding their way into courts with increasing regularity. This Essay argues that in responding to these religious custody disputes, courts should abstain from either analyzing a parent’s religious practices for their perceived “risks of harm” to the child, or from applying a flat rule to ensure that the custodial parent’s religious preferences take primacy. Instead, courts should employ the actual or substantial harm standard—which would only bar a parent from fully practicing her religion if …

The Bfoq Defense: Title Vii’S Concession To Gender Discrimination, Katie Manley

Duke Journal of Gender Law & Policy

Should the BFOQ exception still exist? Because permitting discrimination under Title VII seems fundamentally contrary to the anti-discrimination purpose of the statute, this article questions whether the BFOQ defense is consistent with the aims of Title VII or whether, in actuality, the defense undermines the Act's effectiveness by providing a loophole for employers to participate in the discriminatory practices Title VII seeks to forbid.

Reply, Martha Nussbaum

Villanova Law Review

No abstract provided.

Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown

Seattle University Law Review

Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …

Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie

Seattle University Law Review

Religion, as with law, is partially about bringing together opposing narrative interpretations in order to better understand what believers feel is real. This morning I will show how narratives and their various interpretations display how communities bound by laws and morality express their understanding of who they are called to be.

Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick

Seattle University Law Review

This article argues that there is both sameness and difference as between the secular and the religious, and that law, modern law, is constituently enmeshed within this sameness and difference. That combination of sameness and difference, along with the integral part of law, is traced in a cumulation of three historicities, the first being the creation of the world's imperium, of the modern world-system, in the sixteenth century. Then, with the second historicity we have the time of revolutions, seen here as almost revolutions, of the seventeenth and eighteenth centuries. And finally, with the third historicity we have the time …

Strings Attached: An Analysis Of The Eruv Under The Religion Clauses Of The First Amendment And The Religious Land Use And Institutionalized Persons Act, Alexandra Lang Susman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Religious Expression And The Penal Institution: The Role Of Damages In Rluipa Enforcement, Joseph E. Bredehoft

Missouri Law Review

This Summary focuses on RLUIPA's institutionalized persons provision and whether, under its remedial provision, an inmate plaintiff can receive compensatory damages. First, this Summary looks at key decisions dealing with the availability of compensatory damages in individual and official capacity claims under RLUIPA. The second component of the Summary analyzes a recent Eighth Circuit decision on the issue of damages as it relates to RLUIPA. This Summary then evaluates the case law on this issue, discussing the policy reasons for and against allowing compensatory damages. Lastly, the discussion concludes that the Eighth Circuit should prohibit institutionalized persons from obtaining compensatory …

Equality And The Free Exercise Of Religion , Bret Boyce

Cleveland State Law Review

Part I of this Article begins with a brief overview of Supreme Court case law on free exercise exemptions, which provides a background for modern historical and normative debates. Part II examines the original understanding of the Religion Clauses, which proponents of “substantive neutrality” claim supports their position. This Part rejects that claim, concluding that the limited evidence of the original understanding of the First Amendment and the Fourteenth Amendment (under which current doctrine makes the First Amendment's guarantees applicable to the states) does not provide a firm basis for resolving modern debates over exemptions, but is at least as …

Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz

St. Mary's Law Journal

The Establishment Clause crisis exists due to the Supreme Court’s promise that America would have a secular government—meaning one which was neutral between religion and irreligion, as well as being neutral to all religions. This promise evolved pursuant to the Supreme Court’s interpretation of the Establishment Clause. Nevertheless, the commitment to neutrality was never carried to fulfillment by the Court. The crisis may be illustrated by Congress’ addition of the words “under God” to the Pledge of Allegiance in 1954. This addition seemed to violate the promise of neutrality made by the Supreme Court in Everson v. Board of Education …