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Articles 2161 - 2190 of 4102

Full-Text Articles in Religion Law

Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel Oct 2010

Can Congress Ban People From Threatening To Burn The Quran? Yes: No Rights Are Absolute, Especially Amid Legitimate Safety Issues, Jessica D. Gabel

Faculty Publications By Year

No abstract provided.


Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan Oct 2010

Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan

Faculty Publications and Presentations

An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …


Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck Oct 2010

Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck

Faculty Publications

No abstract provided.


Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman Oct 2010

Bargaining In The Shadow Of God's Law: Islamic Mahr Contracts And The Perils Of Legal Specialization, Nathan B. Oman

Faculty Publications

No abstract provided.


Sanhuri's Civil Code For Arab Countries And Its Relevance To Modern And Islamic Laws., Najm Aldeen K. Kareem Aug 2010

Sanhuri's Civil Code For Arab Countries And Its Relevance To Modern And Islamic Laws., Najm Aldeen K. Kareem

Student Works (2010-2019)

This study aims to examine the development of the Arab society and the changes that shaped it in the era of modernity. A special focus, however, is given to Sanhūrī’s Codes for Arab civil laws in the middle of the Twentieth Century. The type of methodology adopted for this research is historical and analytical. It follows a historical method to explore the situation of Islamic law in the Arab countries before the enactment of Sanhūrī’s Codes, with special reference to attempts that have been made to codify the law from the early Islamic age until the time of Sanhūrī and …


Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams Jul 2010

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …


Essay: Constitutional Commitments And Religious Identity, Bernadette Meyler Jul 2010

Essay: Constitutional Commitments And Religious Identity, Bernadette Meyler

Cornell Law Faculty Publications

This essay comments on Steve Shiffrin's The Religious Left and Church-State Relations. It contends, on the one hand, that Shiffrin has valuably brought to the fore various reasons why religious believers might resist close relations between church and state. On the other hand, it argues that no fundamental connection exists between the "religious Left" and a particular position on church-state relations and that religious liberals will not necessarily be more persuasive than secular liberals in arguing against positions espoused by religious conservatives.


Have American Indians Been Written Out Of The Religious Freedom Restoration Act, Jessica M. Wiles Jul 2010

Have American Indians Been Written Out Of The Religious Freedom Restoration Act, Jessica M. Wiles

Montana Law Review

Written out of RFRA


Defamation Of Religions: A Vague And Overbroad Theory That Threatens Basic Human Rights, Allison G. Belnap May 2010

Defamation Of Religions: A Vague And Overbroad Theory That Threatens Basic Human Rights, Allison G. Belnap

BYU Law Review

No abstract provided.


The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen Apr 2010

The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen

Faculty Publications and Presentations

The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that …


Legislative Prayer And The Secret Costs Of Religious Endorsements, Christopher C. Lund Apr 2010

Legislative Prayer And The Secret Costs Of Religious Endorsements, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Islam, The State And The Constitutional Court In Indonesia, Simon Butt Apr 2010

Islam, The State And The Constitutional Court In Indonesia, Simon Butt

Washington International Law Journal

Indonesia is home to more Muslims than any other country. Yet it is not an Islamic state and is unlikely to become one, despite the strong and sustained urgings of some Muslim groups. Indonesian Islam is, like Indonesian society itself, dynamic and diverse, accommodating a wide variety of practices and beliefs. One area of contention between conservative Muslims on the one hand, and the state (supported by many more moderate Muslims) on the other, is the extent to which Islamic law should be recognised, applied and enforced by institutions of state. The Indonesian government's response has generally been to limit …


When Government Expression Collides With The Establishment Clause, Martha Mccarthy Mar 2010

When Government Expression Collides With The Establishment Clause, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.


A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher Mar 2010

A Miscarriage Of Justice: Pregnancy Discrimination In Sectarian Schools, Lauren E. Fisher

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay Mar 2010

Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay

BYU Law Review

No abstract provided.


Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See, Edan Burkett Mar 2010

Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Victory For Clergy Sexual Abuse Victims: The Ninth Circuit Strips The Holy See Of Foreign Sovereign Immunity In Doe V. Holy See, Edan Burkett

BYU Law Review

No abstract provided.


Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton Mar 2010

Catholic League For Religious And Civil Rights V. City Of San Francisco: How The Ninth Circuit Abandoned Judicial Neutrality To Strike A Blow At Religion , Jonathan W. Heaton

BYU Law Review

No abstract provided.


Feels Like Déjà Vu: An Australian Bill Of Rights And Religious Freedom, Paul Babie, Neville Rochow Mar 2010

Feels Like Déjà Vu: An Australian Bill Of Rights And Religious Freedom, Paul Babie, Neville Rochow

BYU Law Review

No abstract provided.


Secularity And Freedom Of Religion In Senegal: Between A Constitutional Rock And A Hard Reality, Fatou Kiné Camara, Abdourahmane Seck Mar 2010

Secularity And Freedom Of Religion In Senegal: Between A Constitutional Rock And A Hard Reality, Fatou Kiné Camara, Abdourahmane Seck

BYU Law Review

No abstract provided.


Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour Mar 2010

Islam And Religious Freedom: Role Of Interfaith Dialogue In Promoting Global Peace , Tayseir M. Mandour

BYU Law Review

No abstract provided.


In Search Of New Believers: How The Guatemalan Religious Panorama Has Changed In Recent Decades, Hugo Leonel Ruano Mar 2010

In Search Of New Believers: How The Guatemalan Religious Panorama Has Changed In Recent Decades, Hugo Leonel Ruano

BYU Law Review

No abstract provided.


Religion And Law In Nepal , Kanak Bikram Thapa Mar 2010

Religion And Law In Nepal , Kanak Bikram Thapa

BYU Law Review

No abstract provided.


Are Catholics Unreliable From A Democratic Point Of View? Thoughts On The Occasion Of The Sixtieth Anniversary Of Paul Blanshard's American Freedom And Catholic Power, Patrick Mckinley Brennan Feb 2010

Are Catholics Unreliable From A Democratic Point Of View? Thoughts On The Occasion Of The Sixtieth Anniversary Of Paul Blanshard's American Freedom And Catholic Power, Patrick Mckinley Brennan

Working Paper Series

From 1949 to 1950, Paul Blanshard’s American Freedom and Catholic Power dominated the New York Times best-seller list for eleven months, having captured the attention of American intelligentsia with its claim that “the Catholic problem is still with us” and its call for the formation of a “resistance movement.” Sixty years later, Blanshard’s bigotry is no longer defended in educated circles. Questions remain, though, concerning why Blanshard’s ideas made progress in some of the smartest American minds and throughout much of the culture. Was Blanshard onto something subversive about Catholics? Are Catholics’ commitments not compatible with the demands of American …


Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan Feb 2010

Are Legislation And Rules A Problem In Law? Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan

Working Paper Series

Written for a conference at Villanova Law School held to celebrate and explore the work of Joseph Vining over forty years, this paper considers the adequacy of Vining’s phenomenology of law. Specifically, it inquires into the accuracy of Vining’s startling claims that “legislation is a problem in law, not central to law” and “rules are nowhere to be found” in law. The argument of the paper is that when -- but only when -- law is understood to be an ordinance of reason in the mind of him or them who have care of the community, for the common good, …


Islamic Law And The Making And Remaking Of The Iraqi Legal System, Kristen Stilt Jan 2010

Islamic Law And The Making And Remaking Of The Iraqi Legal System, Kristen Stilt

Faculty Working Papers

This article examines the drafting process of the new Iraqi constitution, which took place in 2004 and 2005 as a result of the U.S. invasion of Iraq. It addresses the role of Islamic law in the Iraqi legal system prior to the invasion and considers how a new constitution may deal with the question and analyzes, based on Iraq's history, current situation, and the experience of other similar countries, how Islamic law may be retained or incorporated into the new Iraqi legal system. While the constitutional discussion is important, the Article also shows who debates over Islamic law in Iraq …


Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, Adham A. Hashish Jan 2010

Ijtihad Institutions: The Key To Islamic Democracy Bridging And Balancing Political And Intellectual Islam, Adham A. Hashish

Richmond Journal of Global Law & Business

No abstract provided.


How Shall I Praise Thee? Brian Leiter On Respect For Religion, Andrew Koppelman Jan 2010

How Shall I Praise Thee? Brian Leiter On Respect For Religion, Andrew Koppelman

Faculty Working Papers

In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that religion is not an apt candidate for respect in the "thick" sense of being an object of favorable appraisal. Both arguments depend on a radically impoverished conception of what religion is and what it does. In this paper, I explain what Leiter leaves out, and offer an hypothesis about why. I also engage with some related reflections by Simon Blackburn and Timothy Macklem, both of whom influence, in different ways, Leiter's analysis.


No Respect: Brian Leiter On Religion, Andrew Koppelman Jan 2010

No Respect: Brian Leiter On Religion, Andrew Koppelman

Faculty Working Papers

In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that religion is not an apt candidate for respect in the "thick" sense of being an object of favorable appraisal. Both arguments depend on a radically impoverished conception of what religion is and what it does. In this paper, I explain what Leiter leaves out, and offer an hypothesis about why. I also engage with some related reflections by Simon Blackburn and Timothy Macklem, both of whom influence, in different ways, Leiter's analysis.


Public And Private As Viewed Through The Work Of The Muhtasib, Kristen Stilt, Roy Mottahedeh Jan 2010

Public And Private As Viewed Through The Work Of The Muhtasib, Kristen Stilt, Roy Mottahedeh

Faculty Working Papers

This article examines the distinctions between public and private space in classical Islamic law through the work of the muhtasib, a legal official charged with the inspection of public places and behavior in towns of the premodern Middle East and North Africa (and in some Muslim communities outside of these areas).


Recognizing The Individual: The Muhtasibs Of Early Mamluk Cairo And Fustat, Kristen Stilt Jan 2010

Recognizing The Individual: The Muhtasibs Of Early Mamluk Cairo And Fustat, Kristen Stilt

Faculty Working Papers

This Article studies the biographies of several key muhtasibs in Mamluk Cairo and Fustat to understand the types of individuals who held the position and how the individual background, education, status among the populace, relationship to the ruling elite, and the means of obtaining the position of each contributed to how the particular muhtasib functioned in office.