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Articles 3751 - 3780 of 4104

Full-Text Articles in Religion Law

The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck Jan 1985

The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck

Faculty Publications

A crisis of confidence in our institutions and talk about loss of life's purpose are everywhere. Sociologists describe the modern individual's sense of isolation, his so-called spiritual homelessness, his weakening sense of values, and his bewilderment in the face of seemingly impersonal forces before which he feels helpless and often victimized.


Islamic Law And The Crime Of Theft, David F. Forte Jan 1985

Islamic Law And The Crime Of Theft, David F. Forte

Law Faculty Articles and Essays

This article introduces the concept of theft in Islamic law. As such, it does not pretend to be comprehensive either in the data it puts forth or in its analysis. Rather, the Article raises a number of issues for discussion, and offers, most tentatively, suggested answers to the following points: 1) criminality; 2) what possible justifications exist for such an extreme penalty; 3) what were the requirements for conviction; and 4) some concluding observations as to why the classical jurists encumbered a prosecution for theft with so many restrictions.


Privacy In Confucian And Taoist Thought, Christina B. Whitman Jan 1985

Privacy In Confucian And Taoist Thought, Christina B. Whitman

Book Chapters

Only three aspects of the broad concept "privacy" will be explored in this essay: privacy as providing a sphere for intimate personal relationships with family and friends, privacy as freedom from surveillance for purposes of gathering personal information, and privacy as freedom from interference by government or social controls. These concepts describe quite different concerns. They are often grouped together under the single term "privacy," but not without some strain... A comparison between a modern Western value and its counterpart, if any, in very early Confucian and Taoist belief is inevitably somewhat strained. But it serves a purpose. If nothing …


Humanitarian International Law In Islam: A General Outlook, Ahmed Zaki Yamani Jan 1985

Humanitarian International Law In Islam: A General Outlook, Ahmed Zaki Yamani

Michigan Journal of International Law

This article covers the following topics: humanitarian law and humanistic law, general concepts of humanitarian international law in Islam: armed conflict of a non-international nature and armed conflict of an international nature, and wars against polytheists and apostates.


Paul, The Lawyer, On Law, Jerome Hall Jan 1985

Paul, The Lawyer, On Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Religious Symbols And The Establishment Clause, Neal Devins Jan 1985

Religious Symbols And The Establishment Clause, Neal Devins

Faculty Publications

No abstract provided.


Slippered Feet Aboard The African Queen, Thomas L. Shaffer Jan 1985

Slippered Feet Aboard The African Queen, Thomas L. Shaffer

Journal Articles

Milner Ball, a professor, has characterized property ownership as “the apparatus of bulwark law.” This Article argues that that characterization was premature. The Author suggests that the bulwark-like difficulties in property law are less the essence of ownership than a perversion of ownership.


Religious Convictions And Lawmaking, Kent Greenawalt Jan 1985

Religious Convictions And Lawmaking, Kent Greenawalt

Faculty Scholarship

In this Article, presented as the 1985-86 Thomas M. Cooley Lectures at the University of Michigan School of Law on March 10-12, 1986, Professor Greenawalt addresses the role that religious conviction properly plays in the liberal citizen's political decisionmaking in a liberal democratic society. Rejecting the notion that all political questions can be decided on rational secular grounds, Professor Greenawalt argues that the liberal democratic citizen may rely on his religious convictions when secular morality is unable to resolve issues critical to a political decision. The examples of animal rights and environmental protection, abortion, and welfare assistance illustrate situations where …


Letter From State Of New Mexico Human Services Department To Fr. Johnny Lee Chavez Re: Fr. Clive Lynn, Hall & Monagle, Llc Dec 1984

Letter From State Of New Mexico Human Services Department To Fr. Johnny Lee Chavez Re: Fr. Clive Lynn, Hall & Monagle, Llc

Records related to Fr. Johnny Lee Chavez

No abstract provided.


Letter From Abp. Robert Sanchez To Fr. Michael O'Brien, Hall & Monagle, Llc Dec 1984

Letter From Abp. Robert Sanchez To Fr. Michael O'Brien, Hall & Monagle, Llc

Records related to Fr. Johnny Lee Chavez

No abstract provided.


Religious Symbols, American Traditions And The Constitution, Kelly C. Crabb Nov 1984

Religious Symbols, American Traditions And The Constitution, Kelly C. Crabb

BYU Law Review

No abstract provided.


Religion In Public Schoolrooms-Striking A Balance Between Freedom Of Speech And Establishment Of Religion: Bender V. Williamsport Area School District, John E. Leach Nov 1984

Religion In Public Schoolrooms-Striking A Balance Between Freedom Of Speech And Establishment Of Religion: Bender V. Williamsport Area School District, John E. Leach

BYU Law Review

No abstract provided.


Obligation: Not To The Law But To The Neighbor, Milner S. Ball Jul 1984

Obligation: Not To The Law But To The Neighbor, Milner S. Ball

Scholarly Works

In this article I will first address the strongest yet still unsatisfactory argument for an obligation to obey the law, the argument that the government and its officers are obligated to obey the law. I will then consider the weaker, more satisfactory argument that citizens have an obligation to obey the law. I will conclude by taking up the issue that I find more interesting and important: the absence of a biblical basis for an obligation to obey the law.


The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review Jun 1984

The Establishment Clause And Religion In Child Custody Disputes: Factoring Religion Into The Best Interest Equation, Michigan Law Review

Michigan Law Review

This Note examines when judges deciding custody disputes may consider potential custodians' religious practices without violating the establishment clause of the first amendment to the Constitution. Although courts agree that they may not prefer one parent to another for religious reasons when both parents are religious and neither parent's religious practices threaten the child's health or safety, some courts believe that they may constitutionally prefer a religious parent to a nonreligious parent. Part I argues that courts violate the establishment clause by preferring religion to nonreligion when there is no showing that the child has personal religious convictions. Part II …


Memo From Fr. Ronald L. Bruckner To Abp. Robert Sanchez, Hall & Monagle, Llc Apr 1984

Memo From Fr. Ronald L. Bruckner To Abp. Robert Sanchez, Hall & Monagle, Llc

Records related to Fr. Johnny Lee Chavez

No abstract provided.


Christianity As Part Of The Common Law, Jayson L. Spiegel Apr 1984

Christianity As Part Of The Common Law, Jayson L. Spiegel

North Carolina Central Law Review

No abstract provided.


Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck Apr 1984

Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck

Faculty Publications

In this article it will be argued that the establishment clause, properly viewed, functions as a structural provision regimenting the nature and degree of involvement between government and religious associations." The degree of involvement should be a limited one, although it is clear that the interrelationship need not nor cannot be eliminated altogether. Although the degree of desired separation has proven to be a continuing controversy, the goal of separation is not so divisive. The aim of separation of church and government is for each to give the other sufficient breathing space. The ordering principle is reciprocity in which "both …


Letter From Abp. Robert Sanchez To Fr. Edward Francis Donelan, Hall & Monagle, Llc Feb 1984

Letter From Abp. Robert Sanchez To Fr. Edward Francis Donelan, Hall & Monagle, Llc

Records related to Fr. Johnny Lee Chavez

No abstract provided.


The Moment Of Silence In Public Schools: Valid Educational Activity Or Attempt To Breach The Church-State Wall?, James A. Helfman Jan 1984

The Moment Of Silence In Public Schools: Valid Educational Activity Or Attempt To Breach The Church-State Wall?, James A. Helfman

University of Baltimore Law Forum

No abstract provided.


Mail-Order Ministries: Application Of The Religious Purpose Exemption Under The First Amendment, 17 J. Marshall L. Rev. 895 (1984), Mark D. Nomady Jan 1984

Mail-Order Ministries: Application Of The Religious Purpose Exemption Under The First Amendment, 17 J. Marshall L. Rev. 895 (1984), Mark D. Nomady

UIC Law Review

No abstract provided.


Religious Liberty In The Public High School: Bible Study Clubs, 17 J. Marshall L. Rev. 933 (1984), Mark J. Lura Jan 1984

Religious Liberty In The Public High School: Bible Study Clubs, 17 J. Marshall L. Rev. 933 (1984), Mark J. Lura

UIC Law Review

No abstract provided.


Religion On Trial: George V. International Society Of Krishna Consciousness, Wilbert Lee Taylor Jan 1984

Religion On Trial: George V. International Society Of Krishna Consciousness, Wilbert Lee Taylor

University of Baltimore Law Forum

No abstract provided.


Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck Jan 1984

Religion And A Neutral State: Imperative Or Impossibility?, Carl H. Esbeck

Faculty Publications

The thesis of this Article is that the myth-of-neutrality argument is partially right and partially wrong. For reasons of religious liberty, the state can and should avoid any involvement with matters of religious worship, and the propagation or inculcation of matters that comprise the very heart of one's belief concerning the nature and destiny of mankind. Conversely, the state cannot retreat from the regulation of certain conduct which is arguably immoral and still claim its neutrality concerning the rightness of the conduct. The very decision by the state to withdraw its regulation, leaving the morality of the conduct up to …


Islam And Politics, David F. Forte Jan 1984

Islam And Politics, David F. Forte

Law Faculty Articles and Essays

We can thus see that Islamic tradition has recognized the venerability of the Shari'a but that the same tradition has historically given the state means to workaround the limits of the Shari'a. How far it should go has always been debated in Islam. The debate and the alternative theories all stem from the fact that the Shari'a never developed a constitutional basis for itself due to its history and the notion of law as simply the refinement of divine command. The competing views of the Shari'a's proper place have jousted with one another for a thousand years. They will continue …


Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade Jan 1984

Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade

Seattle University Law Review

The First Baptist Church court should not have required strict scrutiny of either the building code or the zoning ordinance applications. In reaching its decision, the court incorrectly analyzed Supreme Court decisions construing the free exercise clause, and drew mistaken parallels between the two Sumner ordinances and laws that the Supreme Court has identified as burdening religious freedom. The court should have distinguished between generally applicable laws such as Sumner's building code and zoning ordinance that, in regulating the peripheral aspects of religious conduct, incidentally make a religious practice less convenient or more expensive, and laws that effectively penalize the …


Virginia Tax Laws Affecting Churches, J. Rodney Johnson Jan 1984

Virginia Tax Laws Affecting Churches, J. Rodney Johnson

Law Faculty Publications

This is the second of two articles dealing with external church law in Virginia. The first article was a restatement of all Virginia laws relating to churches except for the tax laws. The subject of taxes was reserved for special treatment at that time because of the volume of tax-related materials. For the most part these materials consist of the various constitutional and statutory taxation provisions relating to religious charities and the opinions of the Virginia Attorney General interpreting and applying these provisions. Attorney General opinions take on a special importance in this study because there is only a handful …


Virginia Tax Laws Affecting Churches, J. Rodney Johnson Jan 1984

Virginia Tax Laws Affecting Churches, J. Rodney Johnson

University of Richmond Law Review

This is the second of two articles dealing with external church law in Virginia. The first article was a restatement of all Virginia laws relating to churches except for the tax laws. The subject of taxes was reserved for special treatment at that time because of the volume of tax-related materials. For the most part these materials consist of the various constitutional and statutory taxation provisions relating to religious charities and the opinions of the Virginia Attorney General interpreting and applying these provisions. Attorney General opinions take on a special importance in this study because there is only a handful …


Valencia County News-Bullet: Charges Are Leveled At Priest, Hall & Monagle, Llc Jan 1984

Valencia County News-Bullet: Charges Are Leveled At Priest, Hall & Monagle, Llc

Records related to Fr. Johnny Lee Chavez

No abstract provided.


Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr. Jan 1984

Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr.

Villanova Law Review (1956 - )

No abstract provided.


Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne Jan 1984

Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne

Faculty Publications

No abstract provided.