Religion Law Commons^™

Will Power: Reconciling Halakha With Modern Estate Planning, Amanda Koptyev

Journal of Catholic Legal Studies

(Excerpt)

This Note will begin with an overview of Jewish laws of inheritance, using the biblical story of the daughters of Tzelafchad as a foundation and exploring Torah-based principles such as the double portion for the firstborn son and chukat mishpat. Part II examines Halakhic Wills, explaining their necessity and the mechanisms that make them compatible with Jewish law and secular systems. It also discusses the limitations of relying on the principle of dina d’malchuta dina, the principle that under certain circumstances, Jewish law requires that Jews be governed by the laws of the sovereign state, in cases …

Procreation After Passing: Balancing Interests In Levirate Marriage And Posthumous Reproduction, Alice Aronov Tepler

Journal of Catholic Legal Studies

(Excerpt)

After the heart-wrenching death of a partner, a child, or a family member, it is difficult for those left behind to imagine how to bring their loved one with them into the future. Memories fade, people move on with their lives, and it seems almost inevitable that the dead will be left behind, static. For some, especially those whose loved one died early in life, posthumous reproduction can seem like a way to keep the deceased alive. With relatively new technology and a myriad of associated ethical concerns, however, society, courts, and individuals struggle to determine who should have …

First-Century Roman Approaches To Religious Minorities And The Security Of The Empire, Ilias Bantekas

Journal of Catholic Legal Studies

(Excerpt)

Much of what we know about the relations of first-century AD “Christians” and the authorities of the Roman Empire, as well as the relationship between Jews of this time, is derived from the writings of Paul the Apostle through his various Letters. Moreover, historical research has uncovered a significant amount of information on this subject; yet, so-called Pauline scholarship is central to our understanding of these intricate relationships. Paul occupies a special place in the history and shaping of the Church for numerous reasons. He is loved and hated with equal vigor and he is certainly responsible more than …

Creating Peaceful Coexistence Through Virtue: A Theological Approach To Institutional Religious Freedom, Equality, And The First Amendment, Alex Deagon

Journal of Catholic Legal Studies

(Excerpt)

In the current era of fraught tension between religious freedom and equality, scholars from across the spectrum of perspectives have called for generosity, empathy, and compromise from both sides. Drawing from chapters in my book A Principled Framework for the Autonomy of Religious Communities: Reconciling Freedom and Discrimination, in this Article I propose to give substantive content and criteria to such exhortations by adopting a theological perspective which aims to create peaceful coexistence through cultivating and applying Christian virtues such as love, grace, forgiveness, humility, and patience. Together, these virtues recognise the inherent worth of all humans as …

Economic Analysis Of Jewish Law, Keith Sharfman

Faculty Publications

(Excerpt)

Like any legal system, Jewish law is amenable to economic analysis, both positive and normative. Economic analysis can help to explain how and why the various rules comprising Jewish law arose and persisted over time. It also can facilitate a direct assessment of Jewish law on the merits. In practice, however, it is a mainly positive economic analysis of Jewish law that scholars have emphasized, while normative analysis has, for the most part, been underemphasized.

Take, for example, the application of law and economics to biblical exegesis. The legal-economic work in this field has been largely descriptive rather than …

Masterpiece Cakeshop And The Future Of Religious Freedom, Mark L. Movsesian

Faculty Publications

Last term, the Supreme Court decided Masterpiece Cakeshop, one of several recent cases in which religious believers have sought to avoid the application of public accommodations laws that ban discrimination on the basis of sexual orientation. The Court’s decision was a narrow one that turned on unique facts and did relatively little to resolve the conflict between anti-discrimination laws and religious freedom. Yet Masterpiece Cakeshop is significant, because it reflects broad cultural and political trends that drive that conflict and shape its resolution: a deepening religious polarization between the Nones and the Traditionally Religious; an expanding conception of equality that …

Satisfaction Of Civil Judgments Against Public Juridic Persons In The United States In Light Of Canons 22 And 1291: Aliud Iure Canonico Caveatur?, Mark T. Reeves

The Catholic Lawyer

No abstract provided.

A Shared Spirit Of Justice - The Union Of Law And Equity, Justice's Body And Soul: Canon And Common Law's "Common Ground", Joseph W. Bellacosa

The Catholic Lawyer

No abstract provided.

A Study Of Canon Law: Dismissal From The Clerical State In Cases Of Sexual Misconduct, Msgr. John A. Alesandro

The Catholic Lawyer

No abstract provided.

Canon Law & Civil Law Interface: Diocesan Corporations, Reverend Edward L. Buelt, Charles Goldberg

The Catholic Lawyer

No abstract provided.

Rights In Canon Law For Persons With Mental Disabilities, Rev. Joseph N. Perry

The Catholic Lawyer

No abstract provided.

Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes, Jr.

The Catholic Lawyer

No abstract provided.

Fault In The Law: The Influence Of The Penitentials On The Anglo-Saxon Legal System, Erika Nagy Lert

The Catholic Lawyer

No abstract provided.

Alienation Of Church Property Under The New Code Of Canon Law, Reverend Donald Heintschel

The Catholic Lawyer

No abstract provided.

Alienation Of Church Property Under The New Code Of Canon Law, Thomas A. Rayer

The Catholic Lawyer

No abstract provided.

Bequests And Gifts To The Church Under The Code Of Canon Law, Reverend Daniel J. Ward

The Catholic Lawyer

No abstract provided.

Property And Contracts In Church Law, Reverend Jordan Hite

The Catholic Lawyer

No abstract provided.

The Official Catholic Directory: Civil And Canon Law Requirements, J. Michael Fitzgerald

The Catholic Lawyer

No abstract provided.

The Code Of Canon Law And Civil Law, James E. Serritella

The Catholic Lawyer

No abstract provided.

Book V: Temporalities Under The Revised Code Of Canon Law, Reverend James K. Mallett, S.T.L., M.Ch.A

The Catholic Lawyer

No abstract provided.

Overview Of The Revised Code Of Canon Law, Monsignor John A. Alesandro

The Catholic Lawyer

No abstract provided.

A Model For Ecclesial Mediation At The Local Level, Roger A. Kenyon

The Catholic Lawyer

No abstract provided.

The Code Of Canon Law Provisions On Labor Relations, Donald H. J. Hermann

The Catholic Lawyer

No abstract provided.

An American Experiment: Teaching Canon Law To Students Of Common Law, Ladislas Orsy, S.J.

The Catholic Lawyer

No abstract provided.

Canon Law Implications Of Real Estate Transactions - Impact Of The New Canon Law, Reverend Adman J. Maida, J.D., Vice Chancellor & General Counsel, Diocese Of Pittsburgh, Pennsylvania

The Catholic Lawyer

No abstract provided.

Diocesan Real Estate Transactions - Canon And Civil Law Implications, Bernard C. Huger, Huger & Cramer St. Louis, Missouri

The Catholic Lawyer

No abstract provided.

What Constitutes A Religious Use For Zoning Purposes, Robert S. Walker

The Catholic Lawyer

No abstract provided.

The Era In Debate - What Can It Mean For Church Law?, Rev. Msgr. Anthony J. Bevilacqua

The Catholic Lawyer

No abstract provided.

Difficult Definitional Problems In Tax Administration: Religion And Race, Jerome Kurtz

The Catholic Lawyer

No abstract provided.

New Mixed Marriage Norms: Practical And Procedural Aspects For Chancery Personnel, Rev. Msgr. Paul J. Schierse

The Catholic Lawyer

No abstract provided.