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Articles 1 - 30 of 81
Full-Text Articles in Religion Law
Formalism In Jewish Law, Chaim Saiman
Formalism In Jewish Law, Chaim Saiman
Faculty Publications
Scholars differ as to the degree to which Jewish law is formalistic. This chapter aims to make sense of the debate surrounding formalism in Jewish law by distinguishing between three types of legal formalism: classic formalism, modern formalism, and detail-following formalism. Viewed through the lens of modern formalism, Jewish law is likely less formalistic than commonly assumed as it is not primarily concerned with constraining decision makers. Nor is Jewish legal discourse typified by its unified conceptual schemas that proceed from abstract concepts to bottom-line decisions in the way that classical formalism proceeds. This chapter introduces an alternative framing termed …
Reforming The Ministerial Exception, Paul E. Mcgreal
Reforming The Ministerial Exception, Paul E. Mcgreal
Villanova Law Review (1956 - )
No abstract provided.
Keeping Kosher In The Age Of Ai, Chaim Saiman
Keeping Kosher In The Age Of Ai, Chaim Saiman
Faculty Publications
No abstract provided.
Contingency And Contestation In Christianity And Liberalism, Michael P. Moreland
Contingency And Contestation In Christianity And Liberalism, Michael P. Moreland
Faculty Publications
No abstract provided.
An Easy Sell: The Third Circuit Protects Religious Advertising In Colts V. Freethought, William Zachary Mineo
An Easy Sell: The Third Circuit Protects Religious Advertising In Colts V. Freethought, William Zachary Mineo
Villanova Law Review (1956 - )
No abstract provided.
Religiously Motivated Conduct And The Reasonable Accommodation Requirement Under Title Vii: A New Framework For Analysis, Robin Knauer Maril
Religiously Motivated Conduct And The Reasonable Accommodation Requirement Under Title Vii: A New Framework For Analysis, Robin Knauer Maril
Villanova Law Review (1956 - )
No abstract provided.
Taking Conflicting Rights Seriously, Netta Barak-Corren
Taking Conflicting Rights Seriously, Netta Barak-Corren
Villanova Law Review (1956 - )
No abstract provided.
Introductory Remarks To The 2019 Shachoy Symposium, Daniel Mark
Introductory Remarks To The 2019 Shachoy Symposium, Daniel Mark
Villanova Law Review (1956 - )
No abstract provided.
Reading Halakhah As A Secularist, Sanford Levinson
Reading Halakhah As A Secularist, Sanford Levinson
Villanova Law Review (1956 - )
No abstract provided.
Jurisprudence, Halakhah, And Moral Particularism, Amy J. Sepinwall
Jurisprudence, Halakhah, And Moral Particularism, Amy J. Sepinwall
Villanova Law Review (1956 - )
No abstract provided.
"Turn It And Turn It, For All Is In It": Reflections On Chaim Saiman's Halakhah:The Rabbinic Idea Of Law, Cathleen Kaveny
"Turn It And Turn It, For All Is In It": Reflections On Chaim Saiman's Halakhah:The Rabbinic Idea Of Law, Cathleen Kaveny
Villanova Law Review (1956 - )
No abstract provided.
Halakhah Between Historicism And Dogmatism, Christine Hayes
Halakhah Between Historicism And Dogmatism, Christine Hayes
Villanova Law Review (1956 - )
No abstract provided.
Defining Law, Tal Kastner
The Expressive Power Of Rabbinic Law, Richard H. Mcadams
The Expressive Power Of Rabbinic Law, Richard H. Mcadams
Villanova Law Review (1956 - )
No abstract provided.
Implications Of The Rabbinic Idea Of Law For The History Of Halakhah: Dialetics,Apologetics, Fractalization?, Tamara Morsel-Eisenberg
Implications Of The Rabbinic Idea Of Law For The History Of Halakhah: Dialetics,Apologetics, Fractalization?, Tamara Morsel-Eisenberg
Villanova Law Review (1956 - )
No abstract provided.
Temple,Talmud, And Sacrament: Some Christian Thoughts On Halakhah, Nathan B. Oman
Temple,Talmud, And Sacrament: Some Christian Thoughts On Halakhah, Nathan B. Oman
Villanova Law Review (1956 - )
No abstract provided.
Review Of Chaim Saiman's The Rabbinic Idea Of Law, Suzanne Last Stone
Review Of Chaim Saiman's The Rabbinic Idea Of Law, Suzanne Last Stone
Villanova Law Review (1956 - )
No abstract provided.
Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard H. Weisberg
Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard H. Weisberg
Villanova Law Review (1956 - )
No abstract provided.
The Primitive Lawyer Speaks!: Thoughts On The Concepts Of International And Rabbinic Laws, Harlan Grant Cohen
The Primitive Lawyer Speaks!: Thoughts On The Concepts Of International And Rabbinic Laws, Harlan Grant Cohen
Villanova Law Review (1956 - )
No abstract provided.
The Challenge Of Halakhah, Kevin L. Hughes
The Challenge Of Halakhah, Kevin L. Hughes
Villanova Law Review (1956 - )
No abstract provided.
The Pre-History Of Subsidiarity In Leo Xiii, Michael P. Moreland
The Pre-History Of Subsidiarity In Leo Xiii, Michael P. Moreland
Faculty Publications
No abstract provided.
Donald A. Gianella Memorial Lecture - What Is Religious "Persecution" In A Pluralist Society?, Susan J. Stabile
Donald A. Gianella Memorial Lecture - What Is Religious "Persecution" In A Pluralist Society?, Susan J. Stabile
Villanova Law Review (1956 - )
No abstract provided.
The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan
The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan
Working Paper Series
This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan
Working Paper Series
This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle of the liberty of the Church, libertas Ecclesiae. The First Amendment's agnosticism with respect to the liberty of the Church is not ultimately normative. Catholics and others who merely seek religious "accommodation," as with the HHS mandate, for example, are agents of a status quo that illegitimately has comfortable self-preservation as its highest value. It is Catholic doctrine that "creation was for the sake of the Church," not for the sake of, say, religious freedom. The paper argues that the contingent constitution of …
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
Working Paper Series
The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
“The Pursuit Of Happiness” Comes Home To Roost? Same-Sex Union, The Summum Bonum, And Equality, Patrick Mckinley Brennan
Working Paper Series
John Locke understood human happiness to amount to the removal of "uneasiness." This paper argues that,to the extent that the United States is a nation dedicated to "the pursuit of happiness" understood as the removal of "uneasiness," same-sex unions or marriages should be given legal recognition. While Locke defended a variation on traditional marriage on the grounds of progenitiveness and care for dependent offspring, his more foundational commitment to the importance of the removal of uneasiness precludes, on pain of inconsistency, limiting marriage to opposite-sex couples. This paper argues, furthermore, that conservatives and neo-conservatives who celebrate this nation's being …
"Religious Freedom," The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
"Religious Freedom," The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
Villanova Law Review (1956 - )
No abstract provided.
No Compelling Interest: The "Birth Control" Mandate And Religious Freedom, Helen M. Alvare
No Compelling Interest: The "Birth Control" Mandate And Religious Freedom, Helen M. Alvare
Villanova Law Review (1956 - )
No abstract provided.
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
Working Paper Series
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 …
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Working Paper Series
This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle …