Religion Law Commons^™

A Sampler Of Religious Experiences In International Law, Mark Weston Janis

Faculty Articles and Papers

Religious principles, religious problems, and religious enthusiasts have all played profound, if sometimes little appreciated roles in the development of international law.' This essay highlights the impact of religion on international law by providing a sampler of religious experiences in international law, to wit: three suspicions international lawyers have of religion, two contributions made between religion and international law, and one great and telling similarity between religion and international law.

Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran

Journal Articles

The essays and articles in this Symposium highlight the importance of religion for properly understanding the nature of law, feminism, globalization, human rights, international legal history, and judicial decision making. These essays and articles also challenge the academy to accept a more sophisticated understanding of religion and to understand its importance for all academic inquiry.

Reenchanting International Law, Mark C. Modak-Truran

Journal Articles

I will argue that international law needs religion because it is indeterminate and that international law should not attempt to resolve legal indeterminancy because this would require establishing an official international religion. Given the limitations of this article, however, I will not attempt to provide a comprehensive normative and descriptive account of law and international law to support this claim." My more modest expectations are to provide a normative theory of law to justify the interpretation of international law in cases in which international law is indeterminate.

Fundamentalism From The Perspective Of Liberal Tolerance, Leslie C. Griffin

Scholarly Works

No abstract provided.

Members Of Islamiic Liberation Party Claim Torture By Egyptian Officials, Esther Choi

Public Interest Law Reporter

No abstract provided.

Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

Bishops’ Norms: Commentary And Evaluation, Ladislas M. Örsy

Georgetown Law Faculty Publications and Other Works

In November 2002, the U.S. Conference of Catholic Bishops approved the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priest or Deacons ("Norms") in response to allegations of sexual abuse of minors by Roman Catholic Church ("Church") officials. This Article examines the Norms on the basis of canonical traditions and the concepts, propositions, and positions contained with them. It strives to find the meaning of the individual norms within the broader context of the life and beliefs of the Church and its need to have structures that prevent corruption and promote healthy growth. The …

Copying For Religious Reasons: A Comment On Principles Of Copyright And Religious Freedom, Thomas C. Berg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The "Blaine" Debate: Must States Fund Religious Schools?, Laura S. Underkuffler

Cornell Law Faculty Publications

In Zelman v. Simmons-Harris, the United States Supreme Court held-by a vote of 5 to 4-that the funding of religious schools with taxpayer money through voucher programs does not violate the Establishment Clause of the United States Constitution. Emboldened by this success, voucher proponents now attack state constitutional provisions (often called "Blaine Amendments") that prohibit taxpayer funding of religious schools. These state provisions, which may stand in the way of religious-school voucher programs, are attacked as violative of the federal Constitution, rooted in anti-religious bias, or otherwise illegal or unwise.

It is my view that efforts to force states …

Liberalism And The Establishment Clause, Steven H. Shiffrin

Cornell Law Faculty Publications

Every political theory tolerates some things and not others. Every political theory promotes a particular kind of person even if it denies it is doing so. But the best liberalism does not confine itself to promoting a Rawlsian-tolerant citizen. Liberalism, like conservatism, has greater ambitions in the socialization of the young. The best liberalism, a neo-Millian liberalism, promotes a creative, independent, autonomous, engaged citizen and human being who works with others to make for a better society and speaks out against unjust customs, habits, institutions, traditions, hierarchies, and authorities.

Although government may promote a particular conception of the good life, …

Shopping For Religion: The Change In Everyday Religious Practice And Its Importance To The Law, Rebecca Redwood French

Journal Articles

No abstract provided.

Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold

Journal Articles

No abstract provided.

The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander

Kentucky Law Journal

No abstract provided.

Lawyers And Biblical Prophets, Thomas L. Shaffer

Journal Articles

This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why.

The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity:

Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they …

Sacred Sites And Religious Freedom On Government Land, Richard B. Collins

Publications

No abstract provided.

In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter

Publications

This paper examines the challenge of protecting American Indian sacred sites located on federal public lands. Many have addressed this issue in the religious freedoms context, but I believe the problem is just as much about property law. The Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association, for example, would appear to suggest that federal ownership of certain sacred sites trumps tribal free exercise clause claims regarding those sites. This holding corresponds with a classic model in which "[p]roperty is about rights over things and the people who have those rights are called owners." However, a …

Wagering On Religious Liberty, Nathan B. Oman

Faculty Publications

No abstract provided.

Public Funding For Theological Training Under The Free Exercise Clause: Pragmatic Implications And Theoretical Questions Posed To The Supreme Court In Locke V. Davey, Katie Axtell

Seattle University Law Review

Part II of this Note presents the factual background and procedural history of Davey v. Locke. Part III discusses the Free Exercise Clause of the First Amendment. Section A provides a basic background on the Supreme Court's free exercise jurisprudence. Section B applies the Court's precedent to Davey, and concludes that the Ninth Circuit sidestepped a true "prohibition" analysis. Sections A, B, and C of Part IV discuss the differing neutrality examinations within free exercise, free speech, and establishment jurisprudence, respectively. Section D discusses the overlapping application of neutrality criteria in establishment and free speech funding cases. Section E concludes …

Darwin, Design, And Disestablishment: Teaching The Evolution Controversy In Public Schools, Jay D. Wexler

Faculty Scholarship

The controversy over teaching evolution in public schools is once again hot news. Ever since the Supreme Court decided in 1987 that Louisiana could not constitutionally require teachers to give equal time to teaching creation science and evolution, critics of evolution have adopted a variety of new strategies to change the way in which public schools present the subject to their students. These strategies have included teaching evolution as a "theory" rather than as a fact, disclaiming the truth of evolutionary theory, teaching arguments against evolution, teaching the allegedly nontheistic theory of intelligent design instead of creationism, removing evolution from …

Establishing Religious Ideas: Evolution, Creationism, And Intelligent Design, Kent Greenawalt

Faculty Scholarship

In this article, I first sketch the basic conflict between evolutionary theory and creationism and describe the opposition of creationists to the teaching of standard evolutionary theory. I then state the basic educational and constitutional questions

about evolution, standard creationism, and "intelligent design." After exploring of five fundamental premises that, in combination, generate the most troubling questions about science, religion, and the public schools, I turn to claims of miracles. Like assertions that God has intervened in natural processes of development, these claims suppose that God transcends or violates scientific principles; their investigation suggests that scientific principles; their investigation suggests …

Canon Law And The Human Person, John J. Coughlin

Journal Articles

This article explores the unity of law and theology in the 1983 Code of Canon Law. The unity has remained critical since canon law emerged in the ancient Church. From the origins of the primitive Christian communities through the patristic era, the Church manifested a tension between charism and office, spirit and law? The medieval canonists achieved a great synthesis of the reason of law and faith of theology. The unified theory helped to form the basis of the Western legal tradition. The Reformation focus on sola fide (faith alone) tended to sever the unity. With the Enlightenment, reason was …

Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong

Faculty Publications

As volume four of Current Legal Issues demonstrates, commentary on the interplay between law and religion in the UK is growing, although the subject still attracts nowhere near the level of attention it does in other countries. The newest addition to the literature constitutes a welcome advance to lawyers working or interested in the field. For example, many existing collections of essays on law and religion focus primarily on sociological issues. This compilation, on the other hand, contains many essays that stress truly legal dilemmas, although sociological, philosophical and other approaches to the question are still well represented among the …

The Physician As A Conscientious Objector, J. David Bleich

Articles

No abstract provided.

Islamic Law Vs. Patriarchal Systems: A Woman's Perspective, Azizah Y. Al-Hibri

Law Faculty Publications

It is best to understand Islam through its core concept,· adalah (justice). This is a complex concept that thoroughly permeates the Islamic worldview. It is not reducible to retributive justice, because it is a higher-order concept whose backbone is the Mizaan (balance and harmony).

Letter From Fr. Terrence P. Brennan To Bp. Ricardo Ramirez Re: Fr. Dennis Fountain, Hall & Monagle, Llc

Records related to Br. Dennis Huff

No abstract provided.

Islamic Feminism: Unveiling The Western Stigma, Shazia N. Nagamia

Buffalo Women's Law Journal

No abstract provided.

The Role Of Compulsion In Islamic Conversion: Jihad, Dhimma And Ridda, Donna E. Arzt

Buffalo Human Rights Law Review

No abstract provided.

Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie

Buffalo Public Interest Law Journal

No abstract provided.

The Separation Of Mosque And State: Islam And Democracy In Modern Turkey, Susanna Dokupil

West Virginia Law Review

No abstract provided.

Government Hostility To Religion: How Misconstruction Of The Establishment Clause Stifles Religious Freedom, Andrew R. Cogar

West Virginia Law Review

No abstract provided.