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Articles 1711 - 1740 of 2064

Full-Text Articles in Law

Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck Jan 1999

Myths, Miscues, And Misconceptions: No-Aid Separationism And The Establishment Clause, Carl H. Esbeck

Faculty Publications

In neutrality theory the recipients of vouchers, grants, and purchase-of-service contracts are eligible to participate as providers in government social service programs without regard to their religious character. Indeed, religious beliefs and practices are prohibited bases for screening out those who want to be welfare program providers. Notable examples of congressional social service legislation conforming to the rule of religious neutrality are the ‘charitable choice‘ feature imbedded in the Welfare Reform Act of 1996 and the Community Services Block Grant Act of 1998, as well as the provision allowing issuance of child care vouchers to indigent parents in the Child …

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Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine Jan 1999

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine

Fordham Urban Law Journal

There has been a "religious lawyering movement," where religion has gained increased prominence in the legal profession and academia. This essay discusses one aspect of the movement, Jewish law in the American law school curriculum. The author describes four models for courses teaching Jewish law in American law schools, outlining their advantages and disadvantages. The first model teaches Jewish law in comparative law. The course would compare and contrast the substantive areas of law in both Jewish and American law. The second model teaches Jewish law in international law. By focusing on the impact of Jewish law on Israel's legal …

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Religion And The Public Defender, Sadiq Reza Jan 1999

Religion And The Public Defender, Sadiq Reza

Fordham Urban Law Journal

This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not …

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The Spirit And The Law , Thomas W. Porter, Jr. Jan 1999

The Spirit And The Law , Thomas W. Porter, Jr.

Fordham Urban Law Journal

This Essay asserts that the practice of law is experiencing a spiritual crisis at both the personal and professional level. The Essay seeks to determine the role that the crisis in our paradigms has played in the crisis our personal and institutional lives. Although the crisis in our paradigms are not necessarily responsible for all our problems, our institutions and systems can cause us to be estranged from ourselves and that is what is happening today in the practice of law. We, as a profession, are beginning to see the limitations of our old paradigm, with retributive justice as its …

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Can A Religious Person Be A Big Firm Litigator? , Amelia J. Uelmen Jan 1999

Can A Religious Person Be A Big Firm Litigator? , Amelia J. Uelmen

Fordham Urban Law Journal

This Essay takes on the challenge of describing some of the ways in which values often defined as "personal" or "religious" can be integrated into the practice of law at a large firm. Part I describes some of the aspects of big firm practice that make it particularly difficult to integrate religious and personal values which may give meaning to one's work. Part II suggests that such meaning can be found through a religious vision of what it means to be a person, which includes a sense of obligation to serve the common good. Part III explores how this concept …

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Vocation As Curse, F. Giba-Matthews, Ofm Jan 1999

Vocation As Curse, F. Giba-Matthews, Ofm

Fordham Urban Law Journal

This Essay argues that while legal work as a vocation may have positive effects for society as a whole, as well as overall benefits for the legal profession, vocation could very well hurt the lawyer "called" to take up such a vocation. A vocation is not simply the application of one's religious belieft to the practice of law; rather, it is a "burning fire" in a lawyer's soul which the lawyer "cannot contain." Thus, a lawyer's vocation becomes an overwhelming priority. Part I of this Essay provides an explanation of the biblical underpinnings of vocation through a discussion of the …

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Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon Jan 1999

Honoring The Spirit In The Law: A Lawyer's Confession Of Faith, Melissa M. Weldon

Fordham Urban Law Journal

This Essay is a lawyer's public proclamation of her beliefs, using the words of her faith. She explains how her faith permeates through her daily life, and is even relevant to her profession as a lawyer.

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A Plumber's Guide To Lawyering, Stephen P. Wink Jan 1999

A Plumber's Guide To Lawyering, Stephen P. Wink

Fordham Urban Law Journal

We accept as the natural way that some must lose if others are to win; that some must go hungry, while others eat fully. But, Jesus taught that there is a third way that can arrest the cycle of violence and domination. A way that strikes a chord at the core of beings so that we may fully hear and see the other person we are dealing with. This is what is sometimes called nonviolent resistance. It springs from a conversation with another -- beyond just talking -- but a dialogue of being with another on a one to one …

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The Profession Of Religion And Law, Ted Dotts Jan 1999

The Profession Of Religion And Law, Ted Dotts

Fordham Urban Law Journal

This essay provides definitions for the terms "religion," "law" and "profession." The professional bears the power to bid forth -- to announce, command, tell, declare and make aware. Religion is the power to relate. Law is the power to regulate. The author concludes that religion and law are givens of human living. The question is not whether to have one or the other. The question is how we live with these realities.

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A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti Jan 1999

A Lawyer's Mischellany: Scriptural Resources For Christian Lawyers, Joseph Allegretti

Fordham Urban Law Journal

This Essay provides resources for spiritual sustenance and to help bridge the gap between what one does as a lawyer and one professes as a Christian. The author provides a dozen passages from Scripture --some from the Hebrew Scriptures, some from the New Testament -- that the author found relevant to the life and work of Christian lawyers. After each quotation, the author includes a few comments to spark further reflection.

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To Engage In Civil Practice As A Lawyer, James L. Nolan Jan 1999

To Engage In Civil Practice As A Lawyer, James L. Nolan

Fordham Urban Law Journal

Society can realize the justice it craves through virtuous lawyers doing their jobs well. In this context of the crucially important role lawyers play in society, the claimed spiritual crisis of the lawyer's professional bearings takes on greater concern. This Essay explores some of the dimensions of a spiritual crisis which lawyers now face and suggests how one might more effectively bridge the gap ebtween religious faith and legal practice to better serve clients and society.

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Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff Jan 1999

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

LLM Theses and Essays

Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …

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When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz Jan 1999

When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz

Ledewitz Papers

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

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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

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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

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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

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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 …

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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.

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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.

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Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman Jan 1998

Employment Discrimination And Presidential Immunity Cases, Eileen Kaufman

Scholarly Works

No abstract provided.

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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 …

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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.

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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.

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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.

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

Agenda: Pro Bono And Service Obligations: Group #7

Fordham Law Review

No abstract provided.

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Report Of Working Group #4, Sarice Retrey Jan 1998

Report Of Working Group #4, Sarice Retrey

Fordham Law Review

No abstract provided.

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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, …

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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.

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Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine Jan 1998

Rethinking The Supreme Court’S Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine

Scholarly Works

In recent years, the United States Supreme Court has shown an increasing unwillingness to engage in deciding matters that relate to the interpretation of religious practice and belief. While the Justices have articulated valid concerns concerning these cases, courts should not allow these concerns to deter them from making decisions vital to the effective adjudication of Free Exercise and Establishment Clause cases. In fact, it appears that as a result of the Court's increasing refusal to consider carefully the religious questions central to many cases, the Court often tends to group together religious claims and practices, regardless of the relative …

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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.

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