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Pepperdine University

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Articles 91 - 120 of 133

Full-Text Articles in Religion Law

The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan Jan 2013

The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan

Pepperdine Law Review

This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …


And I Don’T Care What It Is: Religious Neutrality In American Law, Andrew Koppelman Jan 2013

And I Don’T Care What It Is: Religious Neutrality In American Law, Andrew Koppelman

Pepperdine Law Review

No abstract provided.


Faithful Presence And Theological Jurisprudence: A Response To James Davison Hunter , Zachary R. Calo Jan 2013

Faithful Presence And Theological Jurisprudence: A Response To James Davison Hunter , Zachary R. Calo

Pepperdine Law Review

This paper considers how James Hunter’s arguments, presented both in his address and his book To Change the World, might inform the development of a constructive religious legal theory based in the particular resources of Christian theology. In speaking of religious legal theory, I mean something quite different than a theory of law and religion. For some time, the academic conversation about law and religion has centered around issues concerning church-state relations and, more broadly, the place of religion within the liberal political order. Yet, the regnant methodological concerns that have shaped this discourse reflect the boundedness of law to …


Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom? , Robert F. Cochran Jr., Michael A. Helfand Jan 2013

Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom? , Robert F. Cochran Jr., Michael A. Helfand

Pepperdine Law Review

No abstract provided.


Law, Religion, And The Common Good, James Davison Hunter Jan 2013

Law, Religion, And The Common Good, James Davison Hunter

Pepperdine Law Review

No abstract provided.


Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr. Nov 2012

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.


Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli Nov 2012

Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli

Pepperdine Law Review

No abstract provided.


Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose Nov 2012

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.


Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill Nov 2012

Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill

Pepperdine Law Review

No abstract provided.


Board Of Education Of Kiryas Joel Village School District V. Grunet: The Supreme Court Shall Make No Law Defining An Establishment Of Religion, Joanne Kuhns Nov 2012

Board Of Education Of Kiryas Joel Village School District V. Grunet: The Supreme Court Shall Make No Law Defining An Establishment Of Religion, Joanne Kuhns

Pepperdine Law Review

No abstract provided.


Analyzing An Experiment Gone Awry: A Unique Application Of Bacon's Corrective Model To The First Amendment Protection Of Essential Rights And Liberties, Nancy S. Williams Oct 2012

Analyzing An Experiment Gone Awry: A Unique Application Of Bacon's Corrective Model To The First Amendment Protection Of Essential Rights And Liberties, Nancy S. Williams

Pepperdine Law Review

No abstract provided.


The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones Oct 2012

The Christian Executioner: Reconciling “An Eye For An Eye” With “Turn The Other Cheek”, Jill Jones

Pepperdine Law Review

No abstract provided.


State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell Oct 2012

State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell

Pepperdine Law Review

No abstract provided.


Substance And Method In The Year 2000, Akhil Reed Amar Oct 2012

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.


Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain Apr 2012

Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain

Pepperdine Law Review

No abstract provided.


Clergy, Sex And The American Way, Raymond C. O'Brien Apr 2012

Clergy, Sex And The American Way, Raymond C. O'Brien

Pepperdine Law Review

No abstract provided.


Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell Mar 2012

Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell

Pepperdine Law Review

In recent years, the number of countries in which a dominant church receives state aid and other forms of preferential treatment has increased. Dominant religions and their supporters in the former Soviet bloc and elsewhere often argue that special benefits and protection are warranted based upon the unique history and contribution of the dominant church to the identity, history, and culture of the country, and the interests of the state and its citizens. Because of the distinctive status of religion and its importance to national and cultural identity, special protection, especially against foreign and other outside influence, is deemed necessary. …


Can The Ordinary Practice Of Law Be A Religious Vocation? A Panelist's Response, Robert J. Conrad Jr Mar 2012

Can The Ordinary Practice Of Law Be A Religious Vocation? A Panelist's Response, Robert J. Conrad Jr

Pepperdine Law Review

No abstract provided.


The Wrong Question, John E. Acuff Mar 2012

The Wrong Question, John E. Acuff

Pepperdine Law Review

No abstract provided.


Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin Mar 2012

Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin

Pepperdine Law Review

This article examines and critiques Rambo lawyering. The practice of law has evolved so that the cornerstone principle of client loyalty, together with the economic incentives inherent in law practice, not only create strong motivations for lawyers to pursue their clients' causes vigorously, but also allow lawyers to easily absolve themselves of any moral obligation for their activities as their clients' representatives. Vigorous advocacy is an indispensible part of the modern judicial system, and it is generally believed that truth and justice will be served as long as there are vigorous advocates on both sides and the profession's code of …


Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga Mar 2012

Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga

Pepperdine Law Review

No abstract provided.


Practicing Law As A Christian: Restoration Movement Perspectives, Thomas G. Bost, L. Timothy Perrin Mar 2012

Practicing Law As A Christian: Restoration Movement Perspectives, Thomas G. Bost, L. Timothy Perrin

Pepperdine Law Review

The legal profession faces a potential crisis where the professional and personal lives of practicing lawyers are being compartmentalized, with little relationship to or integration with each other, and with sometimes starkly differing standards of conduct and morality. Perrin and Bost argue that a Christian lawyer's commitment to Christ calls them to a standard of conduct higher than or different from the ethical rules propounded by the bar. The article examines the "standard vision" of lawyer conduct and ethical responsibility and summarizes four models of how Christians have adopted in relating to secular culture: in harmony with the code; against …


Pepperdine Commencement Speech, Anthony T. Kronman Mar 2012

Pepperdine Commencement Speech, Anthony T. Kronman

Pepperdine Law Review

No abstract provided.


Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine Mar 2012

Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine

Pepperdine Law Review

This Essay is based on introductory remarks Levine delivered at the inaugural conference of the Pepperdine Institute on Law, Religion, and Ethics, "Can the Ordinary Practice of Law be a Religious Calling?," held on February 6-7, 2004 at Pepperdine University School of Law. In thinking about the practice of law as a religious calling, Levine argues that we should first consider the broader issue of the general relevance of religion to various areas of life, including work. From a perspective of Jewish law and ethics, moral conduct comprises an imperative at home and at the workplace no less than at …


Clients, Courts, And Calling: Rethinking The Practice Of Law, Joseph Allegretti Mar 2012

Clients, Courts, And Calling: Rethinking The Practice Of Law, Joseph Allegretti

Pepperdine Law Review

No abstract provided.


A Larger Calling Still, Lee Hardy Mar 2012

A Larger Calling Still, Lee Hardy

Pepperdine Law Review

No abstract provided.


Introduction: Can The Ordinary Practice Of Law Be A Religious Calling?, Robert F. Cochran Jr Mar 2012

Introduction: Can The Ordinary Practice Of Law Be A Religious Calling?, Robert F. Cochran Jr

Pepperdine Law Review

No abstract provided.


The Impact On "The Vanishing Trial" If People Of Faith Were Faithful To Religious Principles Of Settling Disputes Without Litigation , Anthony R. Benedetto Mar 2012

The Impact On "The Vanishing Trial" If People Of Faith Were Faithful To Religious Principles Of Settling Disputes Without Litigation , Anthony R. Benedetto

Pepperdine Dispute Resolution Law Journal

Commentators have expressed concern about "the vanishing trial" with respect to the possible loss of precedent and the loss of opportunities for aggrieved persons to have their concerns resolved in the judicial arena. Ignoring the controversy surrounding whether the number of trials is actually decreasing significantly, this paper asks whether the number of trials would be significantly affected if all people of faith resolved their disputes within their religious communities, or at least outside of the secular court setting. The impact on secular case law of the disappearance of such disputes is then estimated. Finally, recommendations are presented for overcoming …


Dual Lenses: Using Theology And International Human Rights To Assess China's 2005 Regulations On Religion, Joel A. Nichols Mar 2012

Dual Lenses: Using Theology And International Human Rights To Assess China's 2005 Regulations On Religion, Joel A. Nichols

Pepperdine Law Review

In order for China to move forward in the international community, it needs to continue to improve its standing on human rights issues. Of particular concern to many observers is the relationship between the government and religion. While foreign religious organizations and missionaries are still heavily regulated by a 1994 law, a new law respecting religious citizens and organizations within China went into effect in 2005. This new law is salutary in some respects in that it provides a much fuller delineation of the relationship between government and religion within China, and it appears more solicitous toward religious rights than …


A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler Mar 2012

A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler

Pepperdine Law Review

No abstract provided.