Religion Law Commons^™

Brief Of Law Professors Bruce P. Frohnen, Robert P. George, Alan J. Meese, Michael P. Moreland, Nathan B. Oman, Michael Stokes Paulsen, Rodney K. Smith, Steven D. Smith, And O. Carter Snead As Amici Curiae In Support Of The Petitioners, Nathan B. Oman, John D. Adams, Matthew A. Fitzgerald

Briefs

No abstract provided.

Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr

The Kabod

Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …

Religious Cult Members And Deprogramming Attempts, Peterson V. Sorlienand Alexander V. Unification Church Of America, Nancy Grim

Akron Law Review

When parents or their agents seek to "deprogram" their adult children through the legal power of a probate order, or through extralegal abduction or physical restraint, far-reaching legal questions emerge. Two recent cases add to the growing case law in this area. The opinions in Peterson v. Sorlien and Alexander v. Unification Church of America discuss the parameters of permissible conduct for deprogrammers and parents, the availability of tort remedies to a devotee in response to a deprogramming attempt, the relevance of the parent-child relationship and the religious involvement of adult offspring in determining tort liability of parents and their …

The Free Exercise Of Religion, Arthur J. Goldberg

Akron Law Review

Freedom of speech and of the press, guaranteed by the First Amendment, is today regarded to be our most preferred freedom. Justice Cardozo once said this freedom is the matrix, the indispensable condition of nearly every other freedom.

But, to the Founding Fathers, freedom of religion was regarded to be preeminent among fundamental rights. And for good reasons. The immediate forebearers of the Framers of the Constitution, emigrated primarily because they were denied the right freely to exercise their respective religious beliefs not sanctioned by the established Church of England. The Colonists were religious dissenters. They adamantly insisted upon their …

The Edward's Decision: The End Of Creationism In Our Public Schools?, Juliana S. Moore

Akron Law Review

Although many previous cases addressing this issue have gained national attention perhaps no other issue since the famous Scope's "monkey trial" has raised as much controversy as Louisiana's adoption of the "Creationism Act." Now, one thing is certain; when Susie's dad asks her what she learned in school today, she most certainly won't reply that she learned about creationism in science class. The Supreme Court's recent ruling' has insured that the separation between church and state in our public schools will remain. This casenote attempts to examine that ruling, its relationship to similar cases and its impact in the future …

A Line Drawn By Unsteady Hands: Section 170, Charitable Contributions, And Return Benefits In Hernandez V. C.I.R., David M. Phipps

Akron Law Review

This Note analyzes the majority decision and dissenting opinion in Hernandez, which have far-reaching implications for charitable organizations, taxpayers, and the government. Traditional tax deductions for charitable organizations may be in danger and these organizations may suffer economic difficulty?

Of Flags And Menorahs: The Power Of Individual And Governmental Symbolic Speech, Mark F. Kohler

Akron Law Review

The aim of this article will be to explore the nature of symbolic speech, both individual and governmental. Using Johnson and Allegheny County as a backdrop, four themes will emerge from the article. First, both individuals and government speak and speak powerfully through symbols and symbolic conduct. Second, medium-based regulation of individual speech should receive careful judicial scrutiny. Third, unlike individual symbolic expression, governmental symbolic speech is subject to substantial content-based restrictions. Finally, careful distinctions must be drawn between government-initiated symbolic speech and governmental endorsement of individual symbolic speech.

The Government Needs Prayers, David Forte

Law Faculty Articles and Essays

This essay, published in the Washington Times, was adapted from from “Religion and the Republic,” published by Public Discourse. Forte argues that a true republic respects religious speech and such speech represents a different authority from governing power and affirms its limited nature.

God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helwig

Akron Law Review

This essay establishes, first, the professional aspects of disclosure. Second, it defines the equipoise between the State's interest in efficiency and the teacher's interest in exercising his or her First Amendment right of expression of religious opinion on matters of public interest. Third, the essay identifies expressive activities of the teacher within the classroom that should be accorded First Amendment protection pursuant to James v. Board of Education. Fourth, the essay examines whether the professor's disclosure of personal and theological biases in a classroom constitutes state action and concludes that a professor fulfilling his or her assigned tasks within …

Saving The World, One Cadillac At A Time: What Can Be Done When A Religious Or Chartiable Organization Commits Solicitation Fraud?, Nicholas Barborak

Akron Law Review

Recognizing that controversies involving religious and charitable organizations have puzzled the courts throughout this century, this paper will examine specific instances of religious and charitable fraud. It will discuss the potential remedies that are available by donors who fall victim to the perpetrators of this fraud. Finally this paper will suggest a more feasible method by which victims may recover than the conventional approaches.

Humphrey V. Lane: The Ohio Constitution's David Slays The Goliath Of Employment Division, Department Of Human Resources Of Oregon V. Smith, Jeffrey D. Williams

Akron Law Review

This Note explores the renewed relevance and power of the Ohio Constitution’s free exercise language in combating the weakened protection afforded an individual’s free exercise of religion under current federal analysis. The Goliath of the Smith analysis is slain by the David of the Humphrey analysis, which is rooted in the Ohio Constitution.

Aclu V. Capitol Square Review And Advisory Board: Is There Salvation For The Establishment Clause? "With God All Things Are Possible.", Theologos Verginis

Akron Law Review

Part II of this Note provides a cursory review of the evolution of Establishment Clause jurisprudence, and it particularly focuses on the primary tests for analyzing the Establishment Clause that the Supreme Court has promoted over the years. Part III discusses the procedural history of the "Ohio State Motto" case with particular emphasis on the courts' decisions and their reasoning. Part IV analyzes the decision by the Court of Appeals for the Sixth District and addresses some of the concerns that inhere in the decision. Finally, Part V concludes the Note.

Kirsch V. Wisconsin Department Of Corrections: Will The Supreme Court Say "Hands Off" Again?, Owen J. Rarric

Akron Law Review

This Note examines the struggle of prison inmates to gain access to religious materials; materials that have been forbidden by prison officials. Part II of the Note will examine the historical development of inmates’ constitutional rights. It will also analyze the Supreme Court’s standard for reviewing prison regulations involving inmates’ constitutional rights. Moreover, the Note discusses Congress’ attempt to set the standard of review. The Note then examines the significance of the Kirsch decision. Finally, the Note analyzes the fourth factor of the Turner Standard used in Kirsch and explores the possible effect of a new legislative act on prisoners’ …

Thomas Jefferson And The Establishment Clause, Mark J. Chadsey

Akron Law Review

The purpose of this paper is to ask whether the historical record actually supports either of these assumptions. A note about my mode of analysis is necessary at this juncture. When inquiring about Jefferson’s influence on the Establishment Clause, it is important to focus on the entire process by which it was adopted rather than its mere introduction by Madison in the House of Representatives. Its adoption, after all, required the assent of two-thirds of both chambers of Congress, three-fourths of the state legislatures, and the support of a majority of the American public. Without the requisite support of all …

The Death With Dignity Ballot Initiative: Narrative Tensions And Jewish Legalities, Bernard H. Mehlman, Jeremy S. Morrison

Nevada Law Journal

No abstract provided.

Religion In The Schools: On Prayer, Neutrality, And Sectarian Perspectives, Mark Strasser

Akron Law Review

About sixty years ago the United States Supreme Court decided Everson v. Board of Education, a case marking the beginning of modern Establishment Clause jurisprudence. Since then, in cases ranging from challenges to programs providing on-site religious education during school hours to challenges of school refusals to permit after-school lectures from a religious perspective, the Court has had several opportunities to clarify the respects in which religious education may be associated with public schools without violating constitutional guarantees. The Court’s analysis of the implicated issues has been remarkably inconsistent, both in tone and in substance. Indeed, the reasoning most recently …

Not The City Of God: The Multiplicity Of Wrongs And Rules, Geoffrey C. Hazard Jr.

Akron Law Review

The message I seek to transmit is a cautionary observation, perhaps a complaint, about prevailing method of analysis of ethical issues, including the subcategory of ethics that consists of law. The prevailing method is patterned on the experimental technique in scientific analysis. I want to suggest that the method is inadequate for dealing satisfactorily with real world ethical and legal problems, and indeed can distort analysis and often lead to unsound conclusions.

Revival: Toward A Formal Neutrality Approach To Economic Development Transfers To Religious Institutions, Ryan A. Doringo

Akron Law Review

Part I of this Note explores the contours of the complicated history of the Establishment Clause by examining the creation of the Lemon test and the inconsistencies of the test’s subsequent application. The Note then explores Justice O’Connor’s endorsement modification to that test. Part I concludes with a discussion of the Supreme Court’s move toward embracing a principle formal neutrality. Part II provides a factual history of the transfer at issue and a detailed summary of the District Court’s opinion in Wirtz. Part III of the Note explains that the Constitution does not preclude economic development transfers to religious institutions. …

Shari'ah Law As National Security Threat?, Cyra Akila Choudhury

Akron Law Review

The Article proceeds in three parts: in Part II, the Article describes three anti-shari’ah measures. It describes Oklahoma’s Save Our State amendment to show how these laws target Islam. It also reviews the recent decision by the Tenth Circuit Court of Appeals affirming the grant of a preliminary injunction against the certification of Oklahoma’s constitutional amendment. It then describes Arizona’s law that targets shari’ah as well as other legal traditions. It also examines the original version of the Tennessee bill to illustrate the motivations behind the revised, watered down version that was eventually passed by the legislature. Part II concludes …

Third-Party Harms, Congressional Statutes Accommodating Religion, And The Establishment Clause, Carl H. Esbeck

Faculty Publications

Those disappointed with the U.S. Supreme Court’s ruling in Burwell v. Hobby Lobby Stores, Inc. (2014), are actively seeking ways to otherwise limit the Religious Freedom Restoration Act (RFRA). Justice Ruth Bader Ginsburg, dissenting in Hobby Lobby, wrote that when a statute seeks to accommodate a claimant’s religious beliefs or practices there must be no detrimental effect on third parties who do not share those beliefs. Although it is unclear whether Justice Ginsburg was relying on the Establishment Clause as imposing this categorical restraint on the authority of Congress, some commentators argue that her thinking necessarily rests on that clause. …

Religious Rights In Historical, Theoretical And International Context: Hobby Lobby As A Jurisprudential Anomaly, S. I. Strong

Faculty Publications

The United States has a long and complicated history concerning religious rights, and the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc., has done little to clear up the jurisprudence in this field. Although the decision will doubtless generate a great deal of commentary as a matter of constitutional and statutory law, the better approach is to consider whether and to what extent the majority and dissenting opinions reflect the fundamental principles of religious liberty. Only in that context can the merits of such a novel decision be evaluated free from political and other biases.

This …

Religious Arguments By Citizens To Influence Public Policy: The Lessons Of The Establishment Clause, Gary J. Simson

Mercer Law Review

I am delighted to be a part of this richly deserved celebration of Jack Sammons's scholarship. As a scholar, Jack is truly in a class of his own. He offers a rare combination of qualities. For now, I will mention three of the qualities that together make him so special, but they by no means exhaust the list.

First of all, over a career as a legal scholar going back to his appointment to the Mercer law faculty in the late 1970s and continuing unabated today more than a year into his retirement from teaching, Jack has been wonderfully productive. …

Against Solitary Confinement: Jonah's Redemption And Our Need For Mercy, Margo Schlanger

Articles

Author’s Note: This essay is adapted from one I wrote in September 2013 to give as a d’var Torah for Yom Kippur, and published in Tablet, an online Jewish magazine. Mostly, I’ve added footnotes. As a law professor, I am far more expert at constitutional than biblical exegesis. But perhaps because the Bible and the Constitution share their status as instrumental and highly authoritative documents, my own subjective experience of developing a reading or critique of both has turned out to be remarkably similar. Both exercises require close textual reading and wide-ranging investigation of its extant interpretations; both are informed …

An Incurable Malaise: Commonwealth V. Australian Capital Territory And Baskin V. Bogan As Symptoms Of Early-Onset Dystopia, Neville Rochow

BYU Law Review

No abstract provided.

Keynote Address, Orrin G. Hatch

BYU Law Review

No abstract provided.

Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith

BYU Law Review

No abstract provided.

Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman

Popular Media

No abstract provided.

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.

Jewish Games For Learning: Renewing Heritage Traditions In The Digital Age, Owen Gottlieb

Articles

Rather than a discontinuity from traditional modes of learning, new explorations of digital and strategic games in Jewish learning are markedly continuous with ancient practices. An explication of the close connections between traditional modes of Jewish learning, interpretive practice, and gaming culture can help to explain how Jews of the Digital Age can adopt and are adapting modern Games for Learning practices for contemporary purposes. The chapter opens by contextualizing a notion of Jewish Games and the field of Games for Learning. Next, the chapter explains the connections between game systems and Jewish traditions. It closes with a case study …

Religious Tests And The British Monarchy, Nathan B. Oman

Popular Media

No abstract provided.