Religion Law Commons^™

Islamic Commercial Law And Social Justice: Shari'ah-Compliant Companies, Workers' Rights, And The Living Wage, Susan C. Hascall

St. John's Law Review

(Excerpt)

The purpose of this Article is to examine workers' rights under Islamic law. Companies claiming to be in compliance with the Islamic Shari'ah must look beyond the forms of the transactions and the content of the products they sell. The companies and their Shari'ah advisors must also examine the treatment of the workers employed by the companies. If the workers are not being treated fairly, in accordance with Islamic law, the owners of these companies and their Shari'ah advisors should not claim that the companies and their products are Shari'ah-compliant. As this Article shows, the fair treatment of …

Asf Response To Requests For Admission And Iterrogatories Related To Fr. Sabine Griego, Hall & Monagle, Llc

Timelines

No abstract provided.

Clark Memorandum: Fall 2015, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• The State of Religious Freedom in the World (Katrina Lantos Swett)
• Messages from the Tiger Mother (Amy Chua)
• Gratitude for Our Rights (Justin Collings)
• On Justice, Mercy, and the Atonement (David G. Campbell)

Method Of Attack: A Supplemental Model For Hate Crime Analysis, Angela D. Moore

Indiana Law Journal

On October 28, 2009, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was signed into law by President Barack Obama. Two years later, between September and November of 2011, members of a Bergholz, Ohio, Amish community allegedly carried out five attacks in which they forcibly restrained, and cut the hair and beards of, members of other Amish communities. In September of 2012, a jury rendered a verdict in United States v. Mullet and found sixteen members of the Bergholz community—including Samuel Mullet, bishop of the community—guilty of HCPA violations. These were the first convictions for religion-based …

The Rule Of Liberal Legalism: The Challenge Of The Normativities Of Multiple Modernities And Religious Diversity, Noorjahan Pirani Hirji

LLM Theses

In Canada profound diversification of multiple moral, political and normative commitments of a multiplicity of communities is unstoppable. Its historically liberalized, modernized and secularized law dominates principles of procedural justice in expressing the monistic liberal theory of rights now entrenched as individual rights within its charter. For religious believers, basing legal and political life on moral behavior acquired through generations of norms is integral to both security of state, and integrity of multiple communities. Tension exists between religious rights, demands of different visions of the good life, secular politics and the slow reshaping of liberal constitutional law in recognizing religious …

Stemming The Hobby Lobby Tidal Wave: Why Rfra Challenges To Obama's Executive Order Prohibiting Federal Contractors From Discriminating Against Lgbt Employees Will Not Succeed, Kayla A. Higgins

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

An Employer's Conscience After Hobby Lobby And The Continuing Conflict Between Women's Rights And Religious Freedom, Sarah M. Stephens

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Negative Identity, Nancy Leong

Sturm College of Law: Faculty Scholarship

This Article examines the social and legal status of “negative identity”—identity marked by indifference or antipathy to something that much of society considers fundamental. As examples of negative identity, the Article considers those who identify as atheist, asexual, single, or childfree.

The Article begins by giving content to negative identity. Atheist, asexual, single, and childfree identity consists of more than merely the respective lack of religion, sexual attraction, partnership, or children. Rather, these negative identities are meaningful to group members, add value to society, and thus deserve legitimacy and respect. Unfortunately, respect is not always forthcoming: negative identity group members …

The First Amendment Case For Corporate Religious Rights, John D. Moore

Nevada Law Journal

No abstract provided.

The Position And Authority Of The Aceh Shari'a Court On The Indonesian Justice System, Sufiarina Sufiarina

Indonesia Law Review

Article 27 paragraph (1) of Law No. 48 Year 2009 regarding Judicial Power states that special courts can only be formed in one of the court systems under the Supreme Court, which include general courts, religious courts, military courts and state administration courts. However, article 3A paragraph (2) of Law No. 50 Year 2009 concerning the Second Amendment to the Law on Religious Court places Shariah Court as a special court within the system of religious courts and as a special court within the system of general courts. Such positioning is inconsistent with Article 27 paragraph (1) of the Law …

The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio

Akron Law Review

It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.

Religious Objections To The Death Penalty After Hobby Lobby, Danieli Evans

Articles

In Glossip v. Gross, the Supreme Court held that in order to prevail on the claim that a method of execution is cruel and unusual punishment, petitioners must prove that there is an available alternative that entails a lesser risk of pain. In this case, the state was using a method that is allegedly more painful than drugs used in the past because manufacturers of the preferable drugs objected to selling them for the purpose of executions. These manufacturers are not alone in their desire to boycott the death penalty. Many religious groups have declared opposition to the death …

Representative Government And The "Bible Commonwealth" In Early Massachusetts, George L. Haskins

Akron Law Review

THE TITLE OF THIS ARTICLE may seem somewhat paradoxical, or at the very least to require some definition of terms. If the government of the colony of Massachusetts Bay in early New England was indeed a "Bible Commonwealth," or even a theocracy, as it has also been characterized, is that not inconsistent with its being a "representative government" in any broad, or even literal sense? Alternatively, even if the government contained a recognizable representative element, was its voice so small, so insignificant, or so manipulated that it merely supported an entrenched religiously inspired oligarchy? The paradox, if there is one, …

Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir

Law Faculty Articles and Essays

In recent years the Supreme Court, as well as important segments of society, has come to accept and even celebrate same-sex relations that, in the past, and for some still today, have generated contempt, hostility, and violence. This change in law and culture poses a unique challenge for those who are moved by the plight of gay people yet concomitantly feel bound by their religious convictions and therefore prevented from providing religious legitimacy to people who yearn to be part of their community. Professor Kalir meets this challenge by proposing that the Torah (and Jewish law), read in context, accepts …

Immigration Policy Of Israel: The Unique Perspective Of A Jewish State, Yehiel S. Kaplan

Touro Law Review

No abstract provided.

Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell

Brigham Young University Education and Law Journal

No abstract provided.

Blackletter: Fiction And A Wall Of Precedent, Louis Anthony Di Leo

Dissertations

The eight stories that make up Blackletter explore situations in which people are forced to challenge the legitimacy of authority, rethink and rebuild their own identities, or confront their own involvement in human and environmental degradation. A central theme running throughout the collection is law, broadly, and the ways in which people adhere to or sometimes break from a particular rule, be it social or legislative. In each case, the role of law and its correlation to place and identity—either overt or veiled—serves as a major component of each story. In this way I locate these stories within a sociolegal …

Mergens V. Westside Community Schools At Twenty-Five And Christian Legal Society V. Martinez: From Live And Let Live To My Way Or The Highway?, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.

What Is Buddhist Law? Opening Ideas, Rebecca Redwood French

Buffalo Law Review

No abstract provided.

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.