Open Access. Powered by Scholars. Published by Universities.®

Religion Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Pepperdine University

Discipline
Keyword
Publication Year
Publication

Articles 121 - 133 of 133

Full-Text Articles in Religion Law

Hidden In The Shadows: The Perilous Use Of Adr By The Catholic Church, Michelle Rosenblatt Mar 2012

Hidden In The Shadows: The Perilous Use Of Adr By The Catholic Church, Michelle Rosenblatt

Pepperdine Dispute Resolution Law Journal

This article begins with a history of sexual abuse cases in the Catholic Church by exploring the church autonomy doctrine, allegations and investigations, and the Church's stance on abuse cases. The discussion then turns to the current state of events and reform measures the Church is taking to deter further criticism. The main body of the article examines the parties and interests involved in the dispute, factors for a successful mediation and the Church's current use of ADR. Finally, the article concludes that ADR, despite its unique advantages in satisfying some of the parties' interests, fails to meet many of …

Go to article

Adr Dharma: Seeking A Hindu Perspective On Dispute Resolution From The Holy Scriptures Of The Mahabharata And The Bhagavad Gita , Aalok Sikand Mar 2012

Adr Dharma: Seeking A Hindu Perspective On Dispute Resolution From The Holy Scriptures Of The Mahabharata And The Bhagavad Gita , Aalok Sikand

Pepperdine Dispute Resolution Law Journal

The Mahabharata and the Bhagavad Gita are both monumental pieces of Hindu literature. This paper seeks to analyze them in order to garner a Hindu perspective on dispute resolution. There will be five parts to this paper: Part I seeks to give an overview of certain Hindu concepts such as dharma, which will make it easier to understand the Mahabharata and the Gita. Part II will then give a brief summary of the basic plot of the Mahabharata. Then, Part III will zoom in on the section of the Mahabharata where Lord Krishna attempts to mediate peace between …

Go to article

Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace, Rabbi Yitzchok Adlerstein Mar 2012

Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace, Rabbi Yitzchok Adlerstein

Pepperdine Dispute Resolution Law Journal

We can only consider the role of peacemaking in Jewish law after examining the meaning and place of peace. Accuracy prevents me from opening with some platitude about how peace occupies a central, pivotal position in Jewish thought. It doesn't. Peace and peacemaking have a curious habit of not turning up in the middle of things, but all the way at the end. There are too many instances of this to be coincidental. There are nineteen blessings in the Amidah, the central (indeed!) prayer that Jews recite three times a day, every weekday of their lives. The very last …

Go to article

Making A Deal With The Devil: A Mediation Approach To Mitigating The Negative Effects Of Church Conflict , Amanda L. Marutzky Feb 2012

Making A Deal With The Devil: A Mediation Approach To Mitigating The Negative Effects Of Church Conflict , Amanda L. Marutzky

Pepperdine Dispute Resolution Law Journal

This article aims to be a resource for both congregational and denominational churches in any stage of internal conflict. Whether members fight over theological questions, or factions split over who owns the church building, church conflicts are best resolved via the mediation process. Mediation has the greatest potential for reaching resolution in these disputes because it uses an outside third-party, addresses parties' underlying needs and interests, and is more aligned with Christian principles. The selection of a mediator is also an integral part of the mediation process. Churches should choose a mediator who maintains the balance between impartiality and substantive …

Go to article

The Truth Shall Set You Free: A Distinctively Christian Approach To Deception In The Negotiation Process, Al Sturgeon Feb 2012

The Truth Shall Set You Free: A Distinctively Christian Approach To Deception In The Negotiation Process, Al Sturgeon

Pepperdine Dispute Resolution Law Journal

This paper examines whether the Christian religion offers a distinct position on the use of deception in the negotiation process. It is expected to be of primary interest to Christian negotiators, but combining the popularly understood theorem that "everyone negotiates on some level" with the fact that there are over 173 million Christian adherents in the United States alone, the topic may be of general interest to anyone who negotiates. There is apparently neither an official nor a widespread recognition of a distinct Christian position on the use of deception in negotiation at present. It is this article's proposal, however, …

Go to article

Theology And The Higher Law, Yitzchok Adlerstein Feb 2012

Theology And The Higher Law, Yitzchok Adlerstein

Pepperdine Law Review

No abstract provided.

Go to article

Law, Higher Law, And Human Making, William S. Brewbaker Iii Feb 2012

Law, Higher Law, And Human Making, William S. Brewbaker Iii

Pepperdine Law Review

This paper is a preliminary investigation of what Christian theology might teach us about the nature of human creative activity and its relationship to judging and lawmaking. Rather than attempt to survey and synthesize multiple theological accounts of human making, it focuses on just one - Dorothy Sayers' The Mind of the Maker. The foundational analogy that drives Sayers' account of human creativity is the relation between God's creative activity and that of human beings made in his image. Sayers argues that human creative activity has a Trinitarian structure, which she identifies as Idea, Energy and Power. These three elements …

Go to article

Law And Redemption: Political Judgment And The Church's Proclamation , Joan Lockwood O'Donovan Feb 2012

Law And Redemption: Political Judgment And The Church's Proclamation , Joan Lockwood O'Donovan

Pepperdine Law Review

No abstract provided.

Go to article

Cain's Law, Elizabeth Mensch Feb 2012

Cain's Law, Elizabeth Mensch

Pepperdine Law Review

No abstract provided.

Go to article

Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin Feb 2012

Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin

Pepperdine Law Review

No abstract provided.

Go to article

Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause , William A. Glaser Jan 2012

Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause , William A. Glaser

Pepperdine Law Review

No abstract provided.

Go to article

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg Jan 2012

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg

Pepperdine Law Review

No abstract provided.

Go to article

Religion-Free Environments In Common Interest Communities, Angela C. Carmella Jan 2012

Religion-Free Environments In Common Interest Communities, Angela C. Carmella

Pepperdine Law Review

No abstract provided.

Go to article

First Prev