Religion Law Commons^™

Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson

All Faculty Scholarship

In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution's Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights and civil liberties ‒ that any activity must be permitted if it is not imposed upon others without their consent, and if …

The Right To Free Exercise Of Religion In Prisons: How Courts Should Determine Sincerity Of Religious Belief Under Rluipa, Noha Moustafa

Michigan Journal of Race and Law

Religion plays a vital role in the daily lives of many prisoners. For incarcerated persons, a connection to the divine can provide comfort during periods of isolation from their family and community. From a policy perspective, spiritual development and religious practice promote rehabilitation and reduce recidivism in inmates. While prisoners forfeit many of their civil liberties, Congress has ensured that religious exercise is not among them. As Congress enhanced religious freedom protections for prisoners, prison facilities became increasingly concerned that prisoners would feign religiosity to gain certain religious accommodations. To counter this concern, prison facilities conditioned accommodations on the sincerity …

Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose

Georgia Journal of International & Comparative Law

No abstract provided.

Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford

Georgia Journal of International & Comparative Law

No abstract provided.

The Death Of Islamic Law, Haider Ala Hamoudi

Georgia Journal of International & Comparative Law

No abstract provided.

Donald A. Gianella Memorial Lecture - What Is Religious "Persecution" In A Pluralist Society?, Susan J. Stabile

Villanova Law Review (1956 - )

No abstract provided.

Excerpt Of Deposition Of Abp. Michael Sheehan Pg. 39-52, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Excerpt Of Deposition Of Tony Salgado Pg. 43-45, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Excerpt Of Deposition Of Tony Salgado Pg. 46-47, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Buddhism And Law In Tibet, Rebecca Redwood French

Contributions to Books

Published as Chapter 17 in Buddhism and Law: An Introduction, Rebecca Redwood French & Mark A. Nathan, eds.

The Tibetan plateau is an immense high-altitude desert that, except for a few larger towns, was very sparsely populated with agriculturalists, nomadic herders, and merchant traders prior to 1960. The small population and minimal urbanization are the most important distinguishing features of this Buddhist country because concentrated populations are commonly connected to the development of government administration, law, and intellectual production. Despite this, Tibetan culture is known for its long history of enormous production of literary, scholarly, and religious works. Books on …

The Religion Of Alcoholics Anonymous (Aa): Applying The Clergy Privilege To Certain Aa Communications, Ari J. Diaconis

Cornell Law Library Prize for Exemplary Student Research Papers

In the debate about AA’s status as a religion for clergy privilege purposes, there has been a lack of accurate information.315 AA originated from among the most evangelic of Christian movements, the Oxford Group. AA’s 12 Step program is so centered on a higher power as to preclude an atheist from moving beyond Step 2, let alone complete the entire 12 Step program.

AA’s historical origins and program of recovery are so faith based as to render it a religion under virtually any First Amendment definition.Indeed, courts have already defined AA as a religion in certain Establishment Clause contexts. To …

Can Religion Without God Lead To Religious Liberty Without Conflict?, Linda C. Mcclain

Faculty Scholarship

This Article engages with Ronald Dworkin’s final book, Religion Without God, which proposes to shrink the size and importance of the fierce “culture wars” in the United States between believers and nonbelievers – theists and atheists – by separating out the “science” and “value” components of religion to show these groups that they share a “fundamental religious impulse.” Religion Without God also calls for framing religious freedom as part of a general right to ethical independence rather than a “troublesome” special right for religious people. This article compares the argumentative strategy of Religion Without God with prior Dworkin works, such …

Press Definition And The Religion Analogy, Ronnell Andersen Jones

Faculty Scholarship

n a Harvard Law Review Forum response to Professor Sonja West's symposium article, "Press Exceptionalism," Professor RonNell Andersen Jones critiques Professor West's effort to define "the press" for purposes of Press Clause exceptions and addresses the weaknesses of Professor West's analogy to Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC in drawing these definitional lines. The response highlights distinctions between Press Clause and Religion Clause jurisprudence and urges a more functional approach to press definition.

Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon

Touro Law Review

No abstract provided.

Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo

Educational Leadership Faculty Publications

A confluence of litigation at the Supreme Court raises important, yet potentially conflicting, questions about the freedom of employers in religious schools¹ to hire teachers and staff members. On the one hand, in Hosanna-Tabor v. Equal Employment Opportunities Commission,² a unanimous Court reasoned that the ministerial exception granted religious leaders alone the authority to choose who is qualified to teach in their schools. On the other hand, the Court’s rulings on same sex-unions seem to be ushering in a brave new world. For example, in United States v. Windsor,³ the Court struck down the Defense …

A (Different Kind Of) Fathers' Day Column "Bless Me, Father..." Montana's Clergy Privilege, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.

Institutional Religious Exemptions: A Balancing Approach, Leilani N. Fisher

BYU Law Review

No abstract provided.

Excerpt Of Deposition Of Abp. Michael Sheehan Pg.15-16, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Excerpt Of Deposition Of Abp. Michael Sheehan Pg. 7, Hall & Monagle, Llc

Deposition Materials related to Fr. John Cannon

No abstract provided.

Supreme Court, Kings County, Wilson V. Kilkenny, James Dougherty

Touro Law Review

No abstract provided.

Notes From Interview Re: Abuse Complaint Against Fr. Walter Cassidy, Hall & Monagle, Llc

Records related to Fr. John Cannon

No abstract provided.

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

Touro Law Review

No abstract provided.

The Political Function Of Revelation: Lessons From The Hebrew Bible, Geoffrey P. Miller

Touro Law Review

This article examines the political theory of revelation in the narratives of the Hebrew Bible, particularly the theophany at Sinai. Revelation occurs when God communicates information to human beings. The biblical narratives use the modality of a revelation to signal the importance of the message being conveyed. They also identify techniques for limiting revelation’s destabilizing potential: embedding, which restricts God’s ability to change his mind; authentication, which tests the validity of revelations; and access rules which privilege political elites as recipients of God’s word.

Catholic Ideas About War: Why Does Carl Schmitt Reject Natural Law Justifications Of War?, G.J. Mcaleer

Touro Law Review

No abstract provided.

A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee

Touro Law Review

No abstract provided.

"Extraordinarily Called Upon By The Blessings Which We Have Received", Ronald R. Garet

Touro Law Review

No abstract provided.

Twenty-Five Years Of Law And Religion Scholarship: Some Reflections, Marie A. Failinger

Touro Law Review

No abstract provided.

Foreword: Conference On Religious Legal Theory: Rlt Iv: Expanding The Conversation, Samuel J. Levine

Touro Law Review

In this article, the author introduces the articles published in the Symposium Issue of the Touro Law Review, which is a compilation of selected excerpts from the fourth annual Conference on Religious Legal Theory (“RLT”) held April 10-12, 2013. By introducing each article, the author shows a sampling of the variety of topics and disciplines explored and the range of perspectives represented at the Conference, which revolved around the theme RLT IV: Expanding the Conversation. The author provides the background of the panelists to give context to each article, and then briefly discusses the relevance and main ideas.

The Justification Of Human Rights, David Little

BYU Law Review

No abstract provided.

Does Europe Need Neutrality? The Old Continent In Search Of Identity, Andrea Pin

BYU Law Review

No abstract provided.