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Articles 31 - 42 of 42
Full-Text Articles in Religion Law
Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen
Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen
Fordham Urban Law Journal
This Article explores the emerging positions that Protestants may have on new reproductive technologies (NRTs). Although there is no central teaching, there are main points of agreement among Protestants and other Christians regarding the morality of using reproductive technology. The author examines Protestant teachings on the meaning of procreation, the good of the resulting children and the integrity of family bonds to show that these technologies are generally morally acceptable, but with certain limitations.
Dialogue On The Practice Of Law And Spiritual Values, James F. Henry, Joseph Allegretti, Robert A. Baruch Bush, Dr. Sarah Cobb
Dialogue On The Practice Of Law And Spiritual Values, James F. Henry, Joseph Allegretti, Robert A. Baruch Bush, Dr. Sarah Cobb
Fordham Urban Law Journal
This dialogue focuses on the relationship between religious/moral values and the various methods employed to resolve legal conflicts, with a primary focus on alternative dispute resolution techniques. General topics touched on include the intangible benefits of ADR (such as better relationships, transformative potential, and the effectiveness of apology) and new moral/ethical problems involved with practicing ADR. Joseph Allegretti explores two questions: (1) why Christianity provides a theoretical justification for ADR, and (2) what a Christian approach to ADR might look like. In an essay exploring the Jewish perspective on ADR, Robert Baruch Bush analyzes the Talmud's explicit preference for judges …
Faith And The Lawyer's Practice Symposium: Law Religion And The Public Good, Russell G. Pearce
Faith And The Lawyer's Practice Symposium: Law Religion And The Public Good, Russell G. Pearce
Faculty Scholarship
If there is a religious way to read, is there a religious way to be a lawyer? More and more lawyers, judges and scholars are answering yes to that question. We heard earlier from Cardinal Bevilacqua about the history of the Religious Lawyering Movement, which blossomed in the 1990s. There was writing about the law and religion before that time." We can date religious lawyering as a body of work in mainstream legal literature, as Cardinal Bevilacqua did, to the work of Professor Thomas Shaffer in the 1980s.Why did this movement take off in the 1990s? Again, what accounts for …
A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter
A Vocation For Law? American Jewish Lawyers And Their Antecedents, Marc Galanter
Fordham Urban Law Journal
Louis D. Brandeis is the presiding eminence in the story of the encounter of Jewish with the American legal order. In the centuries since Brandeis started practicing law, Jews have flourished exceedingly in both the legal professional mainstream (practitioners, judiciaries, academics) and the public interest sector. Can this extravagant participation in both hemispheres of the world of American lawyering be explained by something unique to the Jewish tradition or experience? This Essay addresses that question by focusing on Brandeis, who manifests in his person both sides of this extraordinary flourishing. Brandeis seems a felicitous path to understanding, not because he …
Vocation As Curse, F. Giba-Matthews, Ofm
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 …
To Engage In Civil Practice As A Lawyer, James L. Nolan
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.
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Faculty Scholarship
On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights. 1 The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing the rights of conscience." 2 Now, on the 20th, before the House could formally adopt Livermore's language, Representative Ames proposed a different wording. He moved …
Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine
Rethinking The Supreme Court's Hands-Off Approach To Questions Of Religious Practice And Belief, Samuel J. Levine
Fordham Urban Law Journal
Part I of this Article discusses Supreme Court cases prior to 1981, in which the Court first expressed its hands-off approach to deciding questions of religious practice and belief. This Part suggests that in these decisions, as a result of a proper concern for religious autonomy, the Court already began the process of expanding the principle of judicial non-interference, at the cost of sacrificing effective adjudication of important constitutional issues. Part II of this Article critiques the Court's approach in Free Exercise Clause cases, identifying different problems that have arisen as a result of the Court's approach. This Part argues …
Kiryas Joel And Two Mistakes About Equality , Abner S. Greene
Kiryas Joel And Two Mistakes About Equality , Abner S. Greene
Faculty Scholarship
In 1948, Rebbe Joel Teitelbaum founded the congregation Yetev Lev D'Satmar in Williamsburg, Brooklyn. Over the next twenty-five years, the Satmar Hasidic sect grew, and members started thinking about leaving the urban, heterogeneous setting for a place where they could live in relative isolation. In 1974, Satmar families began leaving Brooklyn for upstate New York. They purchased property in the Town of Monroe, and later, after a zoning dispute with the Town, incorporated as the Village of Kiryas Joel. As of 1990, approximately 10,000 Satmar Jews lived in or around the Village. The Satmars dress in conformance with a semiformal …
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 Political Balance Of The Religion Clauses, Abner S. Greene
The Political Balance Of The Religion Clauses, Abner S. Greene
Faculty Scholarship
When the Supreme Court held in Employment Division v. Smith that the Free Exercise Clause does not protect religious practices from otherwise valid laws that incidentally burden those practices, it followed a particular theory of democratic politics. That some laws might unintentionally burden certain religious practices is, said the Court, an "unavoidable consequence of democratic government [that] must be preferred to a system in which each conscience is a law unto itself." The Court was certainly right in one sense: To claim that conscientious objection to an otherwise valid law should exempt one from that law is to claim that …
Free Exercise And The Attorney/Priest: The Clerical Collar In The Courtroom, Jeffrey Glassman
Free Exercise And The Attorney/Priest: The Clerical Collar In The Courtroom, Jeffrey Glassman
Fordham Urban Law Journal
One of the more difficult free exercise of religion problems to come to the courts is the conflict that arises when an attorney who is also a ordained Roman Catholic priest claims the right to appear before a criminal jury while wearing his clerical collar. The New York Court of Appeals forbade a priest from wearing his collar, while the New York Supreme Court granted an application by an attorney/priest to wear his collar. This decision was subsequently overruled by the appellate division. This Article examines arguments in favor of allowing a priest to wear his collar. It examines the …