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Religion Law Commons

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2007

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Institution
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Articles 31 - 60 of 114

Full-Text Articles in Religion Law

Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre Sep 2007

Lessons From Islamic Polygamy: A Case For Expanding The American Concept Of Surviving Spouse So As To Include De Facto Polygamous Spouses, Michele Alexandre

Washington and Lee Law Review

While polygamy is illegal in the United States, forms of it are still practiced either overtly, pursuant to religious traditions, or covertly, by the maintenance of two or more family units. As a result, any claims, disputes, or abuses that arise in the context of de facto polygamous unions remain irremediable. My focus, in this Article, is not to advocate that polygamy should be legally recognized. Nor is it my purpose to debate the viability or morality of polygamy. Instead, I am concerned with affording legal remedies for vulnerable individuals living and operating in de facto polygamous unions. In light …


Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger Sep 2007

Justice And Equality In Muslim Family Laws: Challenges, Possibilities, And Strategies For Reform', Zainah Anwar, Jana S. Rumminger

Washington and Lee Law Review

One of the subtle but most pervasive areas of discrimination against women in the Muslim world today is the inequality that occurs within the context of the family. Throughout Muslim countries and contexts, Muslim women are speaking out about such discrimination and are fighting for reform of family laws to promote justice and equality within the family. This Article outlines key discriminatory provisions within Malaysia's Islamic Family Law (Federal Territories) Act of 1984 and the efforts being made by Muslim women in Malaysia to advocate for comprehensive reform of Malaysian Muslim family laws. This effort includes developing an understanding of …


The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis Sep 2007

The Religious Freedom Restoration Act And Smith: Dueling Levels Of Constitutional Scrutiny, Whitney Travis

Washington and Lee Law Review

No abstract provided.


"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith Sep 2007

"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith

West Virginia Law Review

No abstract provided.


Moroccan Women In Europe: Bargaining For Autonomy, Marie-Claire Foblets Sep 2007

Moroccan Women In Europe: Bargaining For Autonomy, Marie-Claire Foblets

Washington and Lee Law Review

This Article explores the path of possibilities offered in the case of Moroccans-in particular women-residing in (continental) Europe to determine, up to a point, the legal regime that will apply to their family life. The vast majority of Moroccans currently living in Europe have retained their original nationality, often combining it with that of the country of habitual residence. Adhesion to Islam often explains the attachment to the family law, which is a religious law, of the country of origin. Family reunifications in many cases mean enduring "rootedness" in the normative system of the country of origin. With mobility rendered …


How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini Sep 2007

How The Door Of Ijtihad Was Opened And Closed: A Comparative Analysis Of Recent Family Law Reforms In Iran And Morocco, Ziba Mir-Hosseini

Washington and Lee Law Review

This Comment compares the politics and dynamics of recent family law reforms in Iran and Morocco. In both countries, reforms have in effect crippled men's privileges in marriage under Islamic law by restricting their unilateral and extra-judicial rights to divorce and polygyny. In Morocco, the 2004 reforms are radical in that they admit the principle of equality in marriage and cast classical Maliki School of Sunni law in a new light; the result of prolonged efforts by the women's movement, these reforms were finally achieved by the intervention of the King who claimed the right of ijtihad as the Commander …


Keynote Address: After Twenty-Five Years, Robert A. Seiple Sep 2007

Keynote Address: After Twenty-Five Years, Robert A. Seiple

BYU Law Review

No abstract provided.


Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal Sep 2007

Mexican Legislation On Religion And The 1981 Declaration On Intolerance And Discrimination, Raul Gonzalez Schmal

BYU Law Review

No abstract provided.


Religious Accommodation In Japan, Eiichiro Takahata Sep 2007

Religious Accommodation In Japan, Eiichiro Takahata

BYU Law Review

No abstract provided.


Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze Sep 2007

Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze

BYU Law Review

No abstract provided.


Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen Sep 2007

Tolerance And Religious Freedom: The Struggle In Peru To Tolerate Multiple Cultures In Light Of Principles Of Religious Freedom, Carlos Valderrama Adriansen

BYU Law Review

No abstract provided.


Jesus’ Legal Theory—A Rabbinic Interpretation, Chaim Saiman Aug 2007

Jesus’ Legal Theory—A Rabbinic Interpretation, Chaim Saiman

Working Paper Series

This article locates the ancient debates between Jesus and the Talmudic rabbis within the discourse of contemporary legal theory. By engaging in a comparative reading of both Gospel and rabbinic texts, I show how Jesus and his rabbinic interlocutors sparred over questions we now conceptualize as the central concerns of jurisprudence. Whereas the rabbis approach theological, ethical and moral issues through an analytical, lawyerly interpretation of a dense network of legal rules, Jesus openly questions whether law is the appropriate medium to structure social relationships and resolve interpersonal conflicts. Through an examination of Talmudic sources, this paper argues the controversies …


One Nation, Under … The Watchmaker?: Intelligent Design And The Establishment Clause, Nicholas A. Shuneman Jul 2007

One Nation, Under … The Watchmaker?: Intelligent Design And The Establishment Clause, Nicholas A. Shuneman

Brigham Young University Journal of Public Law

No abstract provided.


Eight Possible Questions To Address To The Dalai Lama, Buffalo Law Review Jul 2007

Eight Possible Questions To Address To The Dalai Lama, Buffalo Law Review

Buffalo Law Review

No abstract provided.


Separation Of Religion And Law?: Buddhism, Secularism And The Constitution Of Bhutan, Richard W. Whitecross Jul 2007

Separation Of Religion And Law?: Buddhism, Secularism And The Constitution Of Bhutan, Richard W. Whitecross

Buffalo Law Review

No abstract provided.


Law, Buddhism, And Social Change: A Conversation With The 14th Dalai Lama September 20-21, 2006, Buffalo Law Review Jul 2007

Law, Buddhism, And Social Change: A Conversation With The 14th Dalai Lama September 20-21, 2006, Buffalo Law Review

Buffalo Law Review

No abstract provided.


Religiosity And The Invocation Of Law In The Conversation With The Dalai Lama, David M. Engel Jul 2007

Religiosity And The Invocation Of Law In The Conversation With The Dalai Lama, David M. Engel

Buffalo Law Review

No abstract provided.


An Introduction To The Conference With The Dalai Lama On Law, Buddhism, And Social Change, Rebecca R. French Jul 2007

An Introduction To The Conference With The Dalai Lama On Law, Buddhism, And Social Change, Rebecca R. French

Buffalo Law Review

No abstract provided.


"Necessary Evil": The Growth Of A System Of Judicial Courts And The Responses It Evoked Among The Buddhist Monastic Community In Ancient Sri Lanka, R.A.L.H. Gunawardana Jul 2007

"Necessary Evil": The Growth Of A System Of Judicial Courts And The Responses It Evoked Among The Buddhist Monastic Community In Ancient Sri Lanka, R.A.L.H. Gunawardana

Buffalo Law Review

No abstract provided.


The Dalai Lama Speaks On Law, Rebecca R. French Jul 2007

The Dalai Lama Speaks On Law, Rebecca R. French

Buffalo Law Review

No abstract provided.


The Ideal And Non-Ideal In Behavior Guidance: Reflections On Law And Buddhism In Conversation With The Dalai Lama, Kenneth M. Ehrenberg Jul 2007

The Ideal And Non-Ideal In Behavior Guidance: Reflections On Law And Buddhism In Conversation With The Dalai Lama, Kenneth M. Ehrenberg

Buffalo Law Review

No abstract provided.


Universal Compassion And The Lawyer's Duty, James L. Magavern Jul 2007

Universal Compassion And The Lawyer's Duty, James L. Magavern

Buffalo Law Review

No abstract provided.


Internal Motivations, External Coercion, And Educating For Happiness, Kenneth Shockley Jul 2007

Internal Motivations, External Coercion, And Educating For Happiness, Kenneth Shockley

Buffalo Law Review

No abstract provided.


Some Notes On The Buddha As A Law Giver, Vesna Wallace Jul 2007

Some Notes On The Buddha As A Law Giver, Vesna Wallace

Buffalo Law Review

No abstract provided.


Law, Buddhism, And Social Change: A Conversation With The 14th Dalai Lama September 20-21, 2006, Buffalo Law Review Jul 2007

Law, Buddhism, And Social Change: A Conversation With The 14th Dalai Lama September 20-21, 2006, Buffalo Law Review

Buffalo Law Review

No abstract provided.


Free To Believe, Richard W. Garnett May 2007

Free To Believe, Richard W. Garnett

Journal Articles

Richard Garnett reviews Religious Freedom and the Constitution by Christopher L. Eisgruber & Lawrence G. Sager, Harvard University Press, 352 pages, $28.95


Red, White, But Mostly Blue: The Validity Of Modern Sunday Closing Laws Under The Establishment Clause, Lesley Lawrence-Hammer May 2007

Red, White, But Mostly Blue: The Validity Of Modern Sunday Closing Laws Under The Establishment Clause, Lesley Lawrence-Hammer

Vanderbilt Law Review

On a Sunday morning, the average American might hope to enjoy any number of activities: attending a church service, drinking a mimosa with brunch, shopping for clothes at the mall, looking for a new car, or hunting with friends. However, in a surprisingly large number of states, only one of these activities would be legal: going to church.

Such is the result of blue laws,' the colloquial term for state statutes that regulate or prohibit entertainment and commercial activities on Sundays or religious holidays. Originating in England, blue laws were enacted throughout colonial America in an effort to protect the …


God Vs. The Gavel: A Brief Rejoinder, Douglas Laycock May 2007

God Vs. The Gavel: A Brief Rejoinder, Douglas Laycock

Michigan Law Review

I recently reviewed God vs. the Gavel by Professor Marci Hamilton, and she published a brief response. My review briefly summarized the book and then made three principal points, addressing Hamilton's institutional competence thesis, her "no-harm" principle, and the remarkable number of legal and factual errors in the book. In this reply, I will review each of these points in turn.


Legal Theology: The Turn To Conceptualism In Nineteenth-Century Jewish Law, Chaim Saiman Apr 2007

Legal Theology: The Turn To Conceptualism In Nineteenth-Century Jewish Law, Chaim Saiman

Working Paper Series

This Article is a first-ever attempt to introduce the Briskers—an influential school of late nineteenth century Talmudic interpreters—to the legal academy. The paper describes how at the very moment that secularization and assimilation undermined the traditional legitimizing narratives of Jewish law, the Briskers fused law, theology and science to offer an alternate “scientific” vision of halakha (Jewish law). By recasting the multitude of detailed rules comprising halakha into a system of autonomous legal constructs, the Briskers revolutionized Jewish self-understanding of the halakhic system, and developed a jurisprudence that was able to counteract the social, institutional and intellectual upheavals represented by …


Drop Coffers, Richard W. Garnett, Benjamin P. Carr Apr 2007

Drop Coffers, Richard W. Garnett, Benjamin P. Carr

Journal Articles

”Coffers.” When we hear or read the word, what do we picture? Buried treasure on the Isle of Monte Cristo? The dragon Smaug’s stolen riches, piled deep under the Lonely Mountain? Maybe we dimly remember a line of Shakespeare or Chaucer. If one is male and of a certain age, the word might bring to the surface suppressed memories of the all-nighters and arcana associated with Dungeons & Dragons. And, if one is a justice of the Supreme Court of the United States, one’s thoughts might turn to the checking account of St. Jerome Catholic School in Cleveland.