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Religion Law Commons™

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2002

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Articles 61 - 81 of 81

Full-Text Articles in Religion Law

Book Review, Steven D. Smith Jan 2002

Book Review, Steven D. Smith

Vanderbilt Journal of Transnational Law

Surely none of the following essays addresses or explores these claims and questions in any deliberate way. Nonetheless, in these opening pages, it seems that Ahdar is seeking to re-engage the questions that characterized the Western tradition from which our modern issues in law and religion descend, but which that tradition in its modern form has by now largely suppressed. The implication, it seems, is that in order to address the issues of the interaction of law and religion in an efficacious way, we must not only acknowledge that religion is a social phenomenon--although it is that, as Professor van …

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The Evolution Of Iranian Islamism From The Revolution Through The Contemporary Reformers, Jeffrey Usman Jan 2002

The Evolution Of Iranian Islamism From The Revolution Through The Contemporary Reformers, Jeffrey Usman

Vanderbilt Journal of Transnational Law

This Note explores the evolution and maturation of Iranian Islamism from the revolutionary elites through the contemporary reformers of the 21st century. The Author examines the conflicting ideological influences that are shaping the Islamist movement in Iran. This Note begins by presenting the framework of the fundamental contradictions that underlie Iranian Islamist ideology. The analysis of the Iranian Constitution is divided into an exploration of the institutional role of the clerical elites in the form of the faqih and the Council of Guardians, the constitutionally defined role of women, the democratic elements in the Iranian Constitution, and Marxism and environmentalism …

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The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett Jan 2002

The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett

Journal Articles

As this Essay goes to press, the Supreme Court is considering whether Ohio's school-choice program violates the First Amendment to the United States Constitution. In my view, the Ohio program is sound public policy, and it is consistent with the Justices' present understanding of the Establishment Clause. I also believe that the Court will and should permit this experiment, and our conversations about its merits, to continue. The purpose of this Essay, though, is not to predict or evaluate ex ante the Court's decision. Instead, my primary aim is to suggest and then sketch a few broad themes that--once the …

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An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerard V. Bradley Jan 2002

An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerard V. Bradley

Journal Articles

The Supreme Court first held public assistance to religious schools unconstitutional in 1971 in Lemon v. Kurtzman. From then until now the concept of “pervasively sectarian” has played a central role in “parochaid” jurisprudence; every holding against “direct” aid has rested upon it as a necessary premise. “Pervasively sectarian” refers to the assertedly religious (“sectarian”) character of the entire curriculum at parochial schools. Religion, it is said, so permeates the whole educational program that “direct aid” to any aspect of that program inescapably aids religion itself. And that, it is said, violates the Establishment Clause. Because aid statutes typically aim …

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Sustaining Geographies Of Hope: Cultural Resources On Public Lands, Sandra B. Zellmer Jan 2002

Sustaining Geographies Of Hope: Cultural Resources On Public Lands, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

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Yale Rosenberg: The Scholar And The Teacher Of Jewish Law, Sherman L. Cohn Jan 2002

Yale Rosenberg: The Scholar And The Teacher Of Jewish Law, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

In the early 1980s, when he was a young professor at the University of Houston Law Center, the author had the occasion to meet Yale Rosenberg. It was clear from their discussion that Professor Rosenberg had a strong interest in Jewish law as well as a strong knowledge base. They discussed teaching such a course at the University of Houston Law Center. Professor Rosenberg was doubtful about teaching a course in Jewish law at a secular law school, particularly one in Texas. But that conversation began a series of conversations where Yale explored in some depth the course that we …

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The Forest And The Trees: The Divide Between Judicial Holdings And Public Perception In Religion Law, Lisa Schultz Bressman Jan 2002

The Forest And The Trees: The Divide Between Judicial Holdings And Public Perception In Religion Law, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

Ask those who carefully follow the Supreme Court, and they will tell you that--for good or bad, depending on their perspective--the current Supreme Court has reduced to near rubble the metaphorical wall separating church and state.

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A Respectful Distance: Appellate Courts Consider Religious Motivation Of Public Figures In Homosexual Equality Discourse - The Cases Of Chamberlain And Trinity Western University [Case Comment], Bruce Macdougall Jan 2002

A Respectful Distance: Appellate Courts Consider Religious Motivation Of Public Figures In Homosexual Equality Discourse - The Cases Of Chamberlain And Trinity Western University [Case Comment], Bruce Macdougall

All Faculty Publications

In the decisions of the B.C. Court of Appeal in Chamberlain v. Surrey School District No. 36 (2000) and the Supreme Court of Canada in Trinity Western University v. College of Teachers (2001), the courts allowed religiously-based "moral positions" held by would-be teachers and public officials to trump the interests of equal rights protection, in particular that of gays and lesbians. The author examines the ways in which the religious arguments were made (and accepted) in order to achieve this result. The author asserts that the decisions raise troubling questions about the extent to which courts are really willing to …

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The Distinctive Place Of Religious Entities In Our Constitutional Order, Ira C. Lupu, Robert Tuttle Jan 2002

The Distinctive Place Of Religious Entities In Our Constitutional Order, Ira C. Lupu, Robert Tuttle

Villanova Law Review (1956 - )

No abstract provided.

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Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining Jan 2002

Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining

Articles

We should have a text to help us-lawyers and theologians almost always do. Consider this from Wordsworth, and ask whether it goes too far if Wordsworth were thought to be speaking to the practicing lawyer: Here you stand, Adore, and worship, when you know it not; Pious beyond the intention of your thought; Devout above the meaning of your will. -Yes, you have felt, and may not cease to feel. The estate of Man would be indeed forlorn If false conclusions of the reasoning Power Made the Eye blind, and closed the passages Through which the Ear converses with the …

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Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler Jan 2002

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

Faculty Scholarship

Although law and religion scholars have long argued about whether American culture marginalizes religious belief, many important indicators suggest that religion indeed plays a prominent role in contemporary American life. America is an extremely religious nation. Polls consistently show that about ninety percent of Americans continue to believe in God, and both church attendance and membership remain at high levels. This religiosity, moreover, spills out into the public square. A great many Americans rely on religious reasons when thinking and talking about public issues. Ninety percent of the members of Congress, by one report, consult their religious beliefs when voting …

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Framing The Public Square, Jay D. Wexler Jan 2002

Framing The Public Square, Jay D. Wexler

Faculty Scholarship

For at least the past decade or so, law-and-religion scholars have vigorously debated the issue of whether it is proper for American citizens to rely on religious reasons when talking about and reaching decisions on issues of public concern, including law. Those who argue that religion should be kept out of such decisionmaking and discourse contend that reliance on religious reasons: (1) violates principles of separation of church and state, (2) unfairly excludes nonbelievers from meaningful participation in public discourse, (3) creates unacceptable divisiveness, and (4) risks the domination of Christian beliefs in public discourse to the detriment of religious …

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How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White Jan 2002

How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White

Articles

I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from …

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Faith And Funding: Toward An Expressivist Model Of The Establishment Clause, David Cole Jan 2002

Faith And Funding: Toward An Expressivist Model Of The Establishment Clause, David Cole

Georgetown Law Faculty Publications and Other Works

This article seeks to provide an alternative to the polarization that so often characterizes debates about church and state. In Part I, the author suggests that there are good policy reasons for supporting faith-based initiatives, and that these reasons ought to be attractive to liberals and progressives, many of whom have opposed faith-based initiatives. Faith-based social services are, after all, social services, and are often the very types of welfare services that liberals and progressives tend to support. Core religious values--in particular, concern about the less fortunate, a belief in human dignity, and a commitment to the possibility of redemption--reinforce …

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The Story Of A Forgotten Battle, Nathan B. Oman Jan 2002

The Story Of A Forgotten Battle, Nathan B. Oman

Faculty Publications

No abstract provided.

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Kefahaman Tentang Al-Sakha Dan Penghayatannya Di Kalangan Kakitangan Universiti Teknologi Mara (Uitm) Shah Alam, Selangor Darul Ehsan, Halipah Hamzah Jan 2002

Kefahaman Tentang Al-Sakha Dan Penghayatannya Di Kalangan Kakitangan Universiti Teknologi Mara (Uitm) Shah Alam, Selangor Darul Ehsan, Halipah Hamzah

Student Works (2000-2009)

Allah s.w.t. has blessed mankind with their assets whether in the form of material wealth, wisdom, skill etc. However, all these assets would still belong to Him and it is therefore held by human beings in trust to benefit all mankind al their best. In Islam, 1here are many ways to distribute one's resources such as donation. lending. endowment, discussion etc. By being generous, we share the quality of the charitable mankind and shall be rewarded by Allah s.w.t. as highlighted in al-Quran and Hadis. There are three levels of generosity, that is to donate a potion of their assets …

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Sejarah Perkembangan Ajaran Sesat Di Hulu Besut, Terengganu, Abdul Haris A. Hamid Jan 2002

Sejarah Perkembangan Ajaran Sesat Di Hulu Besut, Terengganu, Abdul Haris A. Hamid

Student Works (2000-2009)

Lately, the problem of cult in our country is becoming very serious. It's not only broke our relationship, but also threaten our lives as happened at Sauk by the Al-Ma'unah group and others a few years ago. The people do not understand the emerging of the cult and the continuity from the past and the modem cult. This thesis is trying to study the history of cult since the emerging of Islam brought by our prophet, Muhammad s.a.w. The issues studied are as the follow: 1. The Besut background in term of location, social, education and the way of believers …

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Emansipasi Wanita : Suatu Kajian Terhadap Pandangan Wanita Islam Di Universiti Teknologi Mara (Uitm), Kampus Seksyen 17, Shah Alam, Selangor Darul Ehsan, Bateriah Alias Jan 2002

Emansipasi Wanita : Suatu Kajian Terhadap Pandangan Wanita Islam Di Universiti Teknologi Mara (Uitm), Kampus Seksyen 17, Shah Alam, Selangor Darul Ehsan, Bateriah Alias

Student Works (2000-2009)

Woman's emancipation refers to the western feminism and the movement of women's liberation with the objective of seeking an equal rights between women and men before law, in politic, education and social. History has witnessed the oppression against women by men either traditionally or under certain laws since the time of the ancient Greek. After centuries, women have evoked against this oppression and extremely criticized the patriarch system which has been said as the root of the problem. Nowadays, even though this movement has already succeeded in many of their demands, various new phenomenon aroused in western society out of …

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Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Membendung Ajaran Sesat : Suatu Kajian Di Jakim, Wan Zulkifli Wan Hassan Jan 2002

Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Membendung Ajaran Sesat : Suatu Kajian Di Jakim, Wan Zulkifli Wan Hassan

Student Works (2000-2009)

This dissertation is entitled: 'The doctrine of Sadd al-Dhara'i, and its usage in preventing deviationist teachings: A study at JAKIM" The doctrine anses from a statement that sources of the Islamic Law are the basis to determining any legal matter and in solving human problems especially in the matter of deviation of belief. In order to arrive at an academic conclusion. this dissertation attempts to identify the said sources through al-Qur'an, al-Hadith or ijtihad of the Jurist. This study is conducted by elaborating the doctrine of Sadd al-Dhara'i,' in term of us definition, conditions, fundamentals, scope and its position as …

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Peranan Institusi Dakwah Dalam Menangani Masalah Murtad Di Lembah Klang, Norhafizah Musa Jan 2002

Peranan Institusi Dakwah Dalam Menangani Masalah Murtad Di Lembah Klang, Norhafizah Musa

Student Works (2000-2009)

The research discussed extend of misionary by the Missionary institutions in the Klang Valley 10 eradicate apostasy issue especially in the Klang Valley. Apostasy problem is the greatest degree of problem that can be fafed by a muslim. Based on media views and latest/uo to date reports by various parties, the rate of apostasy amongst muslims in the Klang Valley is increasing from time to time. Hence, this dissertation focused on two important aspect; First, to study the management and role of major Missionary institution such as JAKIM, JAWI JAIS, PERK.IM and ABIM in implementing their programs. 1n producing this …

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Pentadbiran Harta Penama Di Institusi-Institusi Kewangan Di Malaysia : Satu Kajian Mengikut Perspektif Undang-Undang Islam, Zuraida Saad Jan 2002

Pentadbiran Harta Penama Di Institusi-Institusi Kewangan Di Malaysia : Satu Kajian Mengikut Perspektif Undang-Undang Islam, Zuraida Saad

Student Works (2000-2009)

This research will focus on the administration of .. harta penama" (nominated property) and nomination in a few financial institutions in Malaysia from Syariah perspective. It will also highlight conflict between civil courts decision on "harta penama" and the rulings or «fatwas". It will also discuss the legal position in those financial institutions. Whether the administration of those property is inline with Syariah principles or not, is highlighted in this research. From the Syariah's perspective, there are vast differences between the position of "harta penama" and property, so also it differs from gift. The current practice in certain financial institutions …

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