Religion Law Commons^™

Timeline Of Fr. Leo Courcy, Hall & Monagle, Llc

Timelines

No abstract provided.

The Structure Of The Religious Liberty Guarantee, Robert A. Destro

Scholarly Articles

No abstract provided.

Aba And Aals Accreditation: What’S ‘Religious Diversity’ Got To Do With It?, Robert A. Destro

Scholarly Articles

The subject of this essay is whether, and under what circumstances, the religious commitment of an institution should become an issue in the law school accreditation process. Originally presented at the March 1994, Marquette University Conference on Religiously Affiliated Law Schools, this essay begins with the commonly shared assumption that some tensions do exist between religiously affiliated law schools and their accrediting agencies, the American Bar Association (ABA), and the Association of American Law Schools (AALS). For present purposes, the task will be to differentiate those tensions that arise from the accreditation process itself, and those that arise from the …

A Jewish-Sponsored Law School: Its Purposes And Challenges, Howard A. Glickstein

Scholarly Works

No abstract provided.

A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck

Faculty Publications

Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …

The Constitution And The Subgroup Question, Martha Minow

Indiana Law Journal

Presented on Nov. 18, 1994, Indiana University School of Law-Bloomington as the 1994 Harris Lecture.

The Return Of Lost Property According To Jewish & Common Law: A Comparison, Michael J. Broyde, Michael Hecht

Faculty Articles

This article compares the legal rules and jurisprudence of the American common law and Jewish law in the area of finding and returning lost or abandoned property, illustrating the interplay between the purely legal and ethical components of the respective legal systems. Surprisingly enough, the differences between the two systems are not usually significant; they follow the same basic legal principles, and typically lead to the same results. There are, however, two major exceptions: Jewish law imposes a duty to rescue the lost property of one's neighbor, while the common law does not require that one initiate the process by …

To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce

Faculty Scholarship

As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the truth is told." Accordingly, the …

Freedom Of Religion & Religious Minorities In Pakistan: A Study Of Judicial Practice, Tayyab Mahmud

Faculty Articles

This article explores the practice of the superior judiciary of Pakistan as it relates to freedom of religion and rights of religious minorities. Pakistan's successive constitutions, which guarantee fundamental rights and provide for separation of powers and judicial review, contemplate judicial protection against unlawful executive and legislative actions. The record of Pakistan's judiciary about protection of the rights of religious minorities is uneven and has gone through three phases. The first phase is remarkable for unequivocal protection of freedom of religion and religious minorities. The second phase contracted this protection through undue deference to the legislature. In the last phase …

Winner, Best Appellate Brief In The 1995 Native American Law Student Association Moot Court Competition, Daniel L. Cheyette, Andrew J. Bobzien

American Indian Law Review

No abstract provided.

An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes

Journal Articles

I first met John Noonan at a Law Review dinner when I was a year or so out of law school and he was a third year student. Chance placed us at the same table, and the conversation-naturally-proved to be more interesting than the speeches.

I am honored, indeed, blessed, to have been exposed to that witness for so many decades, and deeply grateful for the opportunity to come here on this occasion and bear my own witness in return.

Quo Vadis: The Status And Prospects Of Tests Under The Religion Clauses, Kent Greenawalt

Faculty Scholarship

As the 1994 term drew to a close, "tests" for the Religion Clauses were in nearly total disarray. Apart from cases of discrimination against religions, and disputes over church property, a student of the Supreme Court's jurisprudence could not formulate any general tests that a majority of the Justices clearly support. As exciting as this state of affairs is for those who welcome uncertainty and change, it is disquieting for lawyers and clients, for judges who must decide free exercise and establishment claims, and for Supreme Court Justices who aspire to stable principles of adjudication. In this essay, I provide …

The Ironic State Of Religious Liberty In America, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

The Religious Employer Exemption Under Title Vii: Should A Church Define Its Own Activities?

BYU Law Review

No abstract provided.

Excerpt Of Deposition Of Fr. Leo Courcy, Pg. 129-142, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.

Timeline Of Fr. Armando Martinez, Hall & Monagle, Llc

Timelines

No abstract provided.

Visual Timeline Of Fr. Armando Martinez, Hall & Monagle, Llc

Timelines

No abstract provided.

Method In Jewish Bioethics: An Overview, Dena S. Davis

Law Faculty Articles and Essays

This essay introduces the reader to the processes by which Jewish ethical-legal reasoning brings old insights to bear on new problems generated by advances in science and medicine. There are at least four reasons why Jewish legal thinking in this area is important to the wider community of Western legal scholars. First, because the law often strives to consider different religious beliefs, it is important to understand these beliefs, the history of these beliefs, and how they function within their religious community.

Second, Jewish legal thinking is important because representatives of religious traditions frequently serve on policy and law-making bodies. …

Fight Muhammad's 'Secret' With Facts, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Timeline Of Fr. Walter E. Cassidy N.1, Hall & Monagle, Llc

Timelines

No abstract provided.

Religion And The Search For A Principled Middle Ground On Abortion, Michael W. Mcconnell

Michigan Law Review

A Review of The Politics of Virtue: Is Abortion Debatable? by Elizabeth Mensch and Alan Freeman

The Multicultures Of Belief And Disbelief, Sanford Levinson

Michigan Law Review

A Review of Battleground: One Mother's Crusade, the Religious Right, and the Struggle for Control of Our Classrooms by Stephen Bates and The Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion by Stephen L. Carter

Visual Timeline Of Fr. Walter E. Cassidy, Hall & Monagle, Llc

Timelines

No abstract provided.

Kiss Of Death: Application Of Title Vii's Prohibition Against Religious Discrimination In The Kingdom Of Saudi Arabia, James D. Phipps

BYU Law Review

No abstract provided.

Deposition Of Fr. John Feit, Hall & Monagle, Llc

Deposition Materials related to Fr. John Feit

No abstract provided.

Personnel File Of Fr. Laurier Labreche Pt. 6, Hall & Monagle, Llc

Records related to Fr. Laurier Labreche

No abstract provided.

Concerning Secularists' Proposed Restrictions On The Role Of Religion In American Politics, Richard H. Jones

Brigham Young University Journal of Public Law

No abstract provided.

Policing The Religious Airwaves: A Case Of Market Place Regulation, Jeffrey K. Hadden

Brigham Young University Journal of Public Law

No abstract provided.

Religious Access To Public Programs And Government Funding, Dean M. Kelley

Brigham Young University Journal of Public Law

No abstract provided.

Religion, The First Amendment, And Public Education, Warren A. Nord

Brigham Young University Journal of Public Law

No abstract provided.