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Articles 421 - 448 of 448
Full-Text Articles in Religion Law
Susanna And The Elders: A Note On The Regulation Of Families, Carol Weisbrod
Susanna And The Elders: A Note On The Regulation Of Families, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Lamas, Oracles, Channels, And The Law: Reconsidering Religion And Social Theory, Rebecca Redwood French
Lamas, Oracles, Channels, And The Law: Reconsidering Religion And Social Theory, Rebecca Redwood French
Journal Articles
No abstract provided.
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Michigan Journal of International Law
Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why each nation has chosen to structure itself as it has and why the imposition of U.S.-style secularism would be an inappropriate method of dealing with the religio-legal conflict in the two societies. Part II compares the fundamental or constitutional laws of the two nations by analyzing the provisions, policies, and practices most influenced by religion. After identifying and analyzing the laws themselves in Part …
Secular Fundamentalism, Religious Fundamentalism, And The Search For Truth In Contemporary America, Daniel O. Conkle
Secular Fundamentalism, Religious Fundamentalism, And The Search For Truth In Contemporary America, Daniel O. Conkle
Articles by Maurer Faculty
In this article, I suggest that America's ongoing culture war is a product, in part, of an epistemic crisis that confounds our collective search for truth. In a previous article addressing aspects of this topic, I expressed concerns about religious fundamentalism. Here, I explore the ways in which secular thinking might likewise be described as "fundamentalist." In particular, I discuss secular fundamentalism in textual interpretation, secular fundamentalism in the form of political liberalism, and comprehensive secular fundamentalism, which extends to private questions of truth. I then discuss the various problems - not only political, but also theological - that are …
Religious Outlaws: Narratives Of Legality And The Politics Of Citizen Interpretation, Barbara L. Bezdek
Religious Outlaws: Narratives Of Legality And The Politics Of Citizen Interpretation, Barbara L. Bezdek
Faculty Scholarship
No abstract provided.
To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce
To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce
Faculty Scholarship
As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the truth is told." Accordingly, the …
The Word On Trial, Robin West
The Word On Trial, Robin West
Georgetown Law Faculty Publications and Other Works
Milner Ball's extraordinary book, The Word and the Law, begins with a narrative account of "seven practices in law." The seven practitioners Ball brings to life for the reader share two powerful traits: they all, in quite different ways, use law to lessen the multiple sufferings of various communities of poor people, and they all, by doing so, strengthen the communities within which and for which they labor. The reader gains from these accounts not only a sympathetic understanding of the lives of seven lawyers, but a renewed sense of the possibilities their practices present. This can be put any …
The Church And The Law, Thomas L. Shaffer
The Church And The Law, Thomas L. Shaffer
Journal Articles
The image I want to use to talk about the church in the state, from a Christian lawyer's point of view, is in two of the novels of the late theological storyteller Walker Percy. We Percy readers first saw the image in Love in the Ruins. Percy's sub-title for that novel was "The Adventures of a Bad Catholic at a Time Near the End of the World." His setting is the not-too-distant future in North America. Social climate and civil discourse are even worse than they are now. Percy's central figure, Dr. Thomas More, the bad Catholic, and a few …
Persuading Thy Neighbor To Be As Thyself: Constitutional Limits On Evangelism In The United States And India, Jonathan K. Stubbs
Persuading Thy Neighbor To Be As Thyself: Constitutional Limits On Evangelism In The United States And India, Jonathan K. Stubbs
Law Faculty Publications
Religious belief is frequently a very personal concern. Accordingly, situations in which individuals discuss beliefs with one another can result in a wide range of consequences. Such consequences may include mutual gratitude and growth as well as mutual distrust and destruction. ...
On Public Reason, Kent Greenawalt
On Public Reason, Kent Greenawalt
Faculty Scholarship
Since the publication of A Theory of Justice in 1971, John Rawls has refined, qualified, and enriched his political philosophy, responding generously and with patient analytical care to difficulties posed by critics. Political Liberalism embodies the major developments in Rawls's thought during those two decades. Rawls continues to be a strong defender of political liberalism, but in various respects his philosophical claims are more modest than those he offered in 1971, and the political life he recommends involves more accommodation to the diverse perspectives and ways of life one expects to find in liberal democracies. In most of the chapters …
Journeying Through The Valley Of Evil., Douglas O. Linder
Journeying Through The Valley Of Evil., Douglas O. Linder
Faculty Works
No abstract provided.
Community, Constitution, And Culture: The Case Of The Jewish Kehilah, Nomi Maya Stolzenberg, David N. Myers
Community, Constitution, And Culture: The Case Of The Jewish Kehilah, Nomi Maya Stolzenberg, David N. Myers
University of Michigan Journal of Law Reform
Part I describes the historical development of the Jewish kehilah, its subsequent evolution, and eventual dissolution. Part II surveys recent trends in legal scholarship which reflect a growing consciousness of the tension between the demands of self-conscious cultural groups and liberal legal principles.
Religion And Child Custody, Carl E. Schneider
Religion And Child Custody, Carl E. Schneider
University of Michigan Journal of Law Reform
In this Essay, I want to reflect on some problems at the intersection of religion, law, and the family. Specifically, I will explore the ways courts may consider a parent's religiously motivated behavior in making decisions about the custody of children. More precisely still, I will ask two questions. First, may a court refuse to award custody because of a parent's religiously motivated behavior in a dispute between a natural mother and a natural father? Second, when should a court agree to resolve a dispute between divorced parents over the religious upbringing of their children? These are topics of quiet …
Balancing Cultural Integrity Against Individual Liberty: Civil Court Review Of Ecclesiastical Judgments, Michael G. Weisberg
Balancing Cultural Integrity Against Individual Liberty: Civil Court Review Of Ecclesiastical Judgments, Michael G. Weisberg
University of Michigan Journal of Law Reform
This Note considers the standard of deference that civil courts should apply in cases where a religious judicatory already has decided an issue which subsequently is submitted for civil court resolution. It proposes a framework designed to protect the rights of religious groups to preserve their cultural integrity while also protecting individuals' personal liberty and the interests of the secular state. The analysis is necessarily framed by the opposing demands of the First Amendment's religion clauses. The Free Exercise Clause prohibits civil courts from intruding into religious societies' internal affairs, and the Establishment Clause limits religious authority over secular issues. …
Chutzpah, David A. Nacht
Chutzpah, David A. Nacht
Michigan Law Review
A Review of Chutzpah by Alan M. Dershowitz
The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr
The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr
Faculty Works
The Hopi Indians of northeastern Arizona have existed as a stable or steady state society for a thousand years or more, and, even though they have felt the impact of white growth society in this century, they have maintained a greater cultural integrity than any other native people in the United States. This Article examines traditional Hopi values and institutions, especially their law. Hopi thinking and social organization were shaped by a profound reverence for their environment and an equally profound awareness of the constraints it imposed. With its growing sense of a need for balance with the environment, modern …
Religion, Revival, And The Ruling Class: A Critical History Of Trinity Church, Elizabeth B. Mensch
Religion, Revival, And The Ruling Class: A Critical History Of Trinity Church, Elizabeth B. Mensch
Journal Articles
No abstract provided.
Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix
Democracy, Autonomy, And Values: Some Thoughts On Religion And Law In Modern America, Frederick Mark Gedicks, Roger Hendrix
Faculty Scholarship
No abstract provided.
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
UIC Law Review
No abstract provided.
Textbooks, Judges, And Science, Edward J. Larson
Textbooks, Judges, And Science, Edward J. Larson
Scholarly Works
This Article offers a spectator's guide to this controversy by three central issues in Aguillard. First, the Article examines the persistent interest of both creationists and evolutionists in the content of public-school biology instruction, which is reflected in passage of the Balanced Treatment Act, and the overwhelming, organized opposition to its implementation. Focusing on the impact o science in recent decisions, the second section of the Article reviews judicial responses to the cases spawned by the controversy over creationist and evolutionary instruction. The Article concludes by exploring the central role played by scientific opinion in the legal arguments for and …
A Comment On Religious Convictions And Lawmaking, John H. Garvey
A Comment On Religious Convictions And Lawmaking, John H. Garvey
Michigan Law Review
Professor Kent Greenawalt's Cooley Lectures on Religious Convictions and Lawmaking are fresh, honest, and thoughtful. They offer some troubling questions for liberal democratic theorists (Greenawalt names Bruce Ackerman and John Rawls as representatives of the class) who argue that good citizens and officials should set their religious co~victions aside when they deal with political questions. Greenawalt contends that religious liberal democrats are not committed to such a program of self-denial - that sometimes (though not always) political judgments can rest on religious convictions. I think he is right but too modest about the implications of his thesis.
Obligation: Not To The Law But To The Neighbor, Milner S. Ball
Obligation: Not To The Law But To The Neighbor, Milner S. Ball
Scholarly Works
In this article I will first address the strongest yet still unsatisfactory argument for an obligation to obey the law, the argument that the government and its officers are obligated to obey the law. I will then consider the weaker, more satisfactory argument that citizens have an obligation to obey the law. I will conclude by taking up the issue that I find more interesting and important: the absence of a biblical basis for an obligation to obey the law.
Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.
Les Officialités À La Veille Du Concile De Trente, Charles Donahue Jr.
Michigan Law Review
A Review of Les officialités à la veille du Concile de Trente by Anne Lefebvre-Teillard
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Michigan Law Review
It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …
The Christian Lawyer As A Churchman, William Stringfellow
The Christian Lawyer As A Churchman, William Stringfellow
Vanderbilt Law Review
Comparative studies of moral theology and legal philosophy are irrelevant if they are isolated from the concrete life of worship. Similarly, the question of the Christian vocation of the practicing lawyer must not be solely an attempt to articulate some ethics to guide a lawyer in his decisions in work. The Christian life is not so much about deciding and doing as it is about being that which Christians are called to be. Precisely, Christians are what they are called to be in worship. Worship is not an ancillary folk activity to which Christians resort out of sentiment or superstition, …
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Law In Its Relation To Religion And Morals, Edwin C. Goddard
The Law In Its Relation To Religion And Morals, Edwin C. Goddard
Other Publications
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. Now, and in this United States, not less than in ages past and in other parts of the world, is this a fundamental fact. He who, without a recognition of this, would study either religion or government, would quite fail to comprehend his problem. Man is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. The world depicted with such irresistible genius by Rosseau …
Civil Government. Its Origin, Mission, And Destiny, And The Christian's Relation To It., David Lipscomb
Civil Government. Its Origin, Mission, And Destiny, And The Christian's Relation To It., David Lipscomb
Stone-Campbell Books
No abstract provided.