Religion Law Commons^™

In God We Trust (Unless We Change Our Mind): How State Of Mind Relates To Religious Arbitration, Skylar Reese Croy

Pepperdine Dispute Resolution Law Journal

Arguably, binding religious arbitration agreements are constitutionally problematic because they hinder freedom of religion: They inhibit parties’ ability to change their beliefs. However, religious arbitration agreements also offer an outlet for the religiously inclined to further practice their beliefs. This Article offers a middle ground: If a party to a religious arbitration agreement changes religion, he or she can claim a “conscientious objector” status if he or she can prove the agreement violates his or her sincerely held religious beliefs. Courts are allowed to inquire into the sincerity of a person’s religious beliefs. The religious question doctrine — which restricts …

Myanmar's Genocide And The Legacy Of Forgetting, Catherine Renshaw

Georgia Journal of International & Comparative Law

No abstract provided.

Studi Maqashid Asy-Syariah Atas Peristiwa Pidana: Pelecehan Seksual Melalui Media Elektronik Dalam Penagihan Utang-Piutang Fintech Ilegal

Journal of Islamic Law Studies

The rise and implementation of Fintech is a result of the formation of lifestyle and consumptive behavior. This pattern of consumption behavior bases the use of commodities on desire and not on need. This happens because people continually want to complete their desire to own or use something that is beyond their needs even though they are still financially unable. One of the behaviors was exploited by Fintech, which provides financing services illegally. Illegal Fintechs are considered dangerous because they are not subject to and comply with existing regulations so that the potential deviation in the implementation process can be …

Hukum Kredit Kepemilikan Rumah (Kpr) Dalam Perspektif Islam, Ira Apriyanti

Journal of Islamic Law Studies

Home is one of the primary needs that must be reached. The importance of sufficing these needs causes the demand for homes is increasing every year. Compared to 2018, the growth of Home Ownership Loans (KPR) in January 2019 increased by 147 basis points (bps) from the original 10.89% to 12.36%. It is estimated that credit growth is expected to increase in line with optimism about the strengthening monetary and economic conditions, supported by the risk of lending that is relatively well maintained. But to fulfilling these needs, not every person can easily buy a house in cash. As a …

Tinjauan Hak Asasi Manusia Terhadap Perilaku Lesbian, Gay, Bisexual, Transgender, Dan Queer (Lgbtq) Dalam Perspektif Hukum Islam

Journal of Islamic Law Studies

No abstract provided.

Investasi Syariah Dalam Rangka Menegakan Prinsip Syariah, Nur Alim Arrazaq

Journal of Islamic Law Studies

No abstract provided.

Tinjauan Hukum Islam Terhadap Larangan Kawin Sasuku Di Masyarakat Minangkabau, Vidya Nurchaliza

Journal of Islamic Law Studies

Customs in Minangkabau are known as customs that are along with Islamic norms. Almost all cultures in Minangkabau are Islamic teachings that are followed by the majority of the Minangkabau people. However, there is one custom that causes polemic in the community, namely the prohibition of marriage of Sasuku. Whereas in Islamic Law there are no prohibition of marriage with one tribe. On the other hand, according to Indonesian marriage law, a legal marriage is a marriage made according to the religion and beliefs of the bride and groom. This research was conducted using the normative juridical method of secondary …

Tinjauan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Sebagai Konstitusi Yang Islami, Raihan Hudiana

Journal of Islamic Law Studies

The Constitution as a form of collective agreement is an important document containing values to be the highest referral system in regulating the life of nation and state. Looking at the sociological fact that Muslims are the majority in Indonesia, the spirit that was built at the beginning was to ensure the absolute necessity of how the basic values and main concepts of Islam can be fulfilled, while keeping in mind the needs and ensuring the rights of people from other religions. The view of some Muslims who assume founding father Indonesia has injured the spirit of the struggle of …

Quo Vadis Hukuman Pidana Kebiri Kimia Bagi Pelaku Kejahatan Seksual Pada Anak Di Indonesia, Ainunnisa Rezky Asokawati

Journal of Islamic Law Studies

Sexual assault committed against children become one of the polemics in the society. The government as the state protector accommodates the polemic by making the law in form of Law Number 17 of 2016 concerning the Stipulation of Government Regulation in place of Law Number 1 of 2016 concerning Second Amendment to Law Number 23 of 2002 concerning Child Protection. The regulation accommodated the society’s need by arranging punishment for the perpetrators of sexual assault affecting children cases. Article 81 of Law Number 35 of 2014 in the form of first amendment to the Child Protection Law concerning criminal threats …

First Amendment “Harms”, Stephanie H. Barclay

Indiana Law Journal

What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition of harm …

Non-Traditional Church Involvement As A Life-Course Turning Point: Qualitative Interviews With Religious Offenders, William Hunter Holt

Dissertations

This research project conducted and then analyzed qualitative interviews from former and current addicts and criminal offenders who are voluntarily participating in the Christian faith at the same non-traditional, Protestant church. An abridged case study of this church is also provided for background and context. Life-course theory and grounded theory are utilized.

Both the offenders and this church were chosen in an attempt to better understand how the offenders’ involvement at this house of worship, along with their faith in general, have impacted them. Obtaining the perspectives of the offender is essential for three reasons. First, qualitative research conducted in …

Public Accommodations & Human Flourishing: Sexual Orientation & Religious Liberty: An Essay In Honor Of Greg Alexander, Joseph William Singer

Cornell Journal of Law and Public Policy

Greg Alexander's monumental contributions to our understanding of property and property law are unequaled. He is also a mensch and that comes through loud and clear in his work. His recent book, Property and Human Flourishing, develops a quasi-Aristotelian theory of property that focuses our attention on the ways property law protects plural incommensurable objective values that regulate social relationships in order to empower us to become the authors of our own lives. This Essay honors him and his contributions by applying his analysis to the fraught question of whether owners of public accommodations must serve the public without regard …

Faith-Based Approaches To Ecological Harmony And Environmental Protection, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Unclear Hostility: Supreme Court Discussions Of “Hostility To Religion” From Barnette To American Legion, Mark Satta

Buffalo Law Review

Appeals to “hostility to religion” have been a regular part of the Supreme Court’s First Amendment jurisprudence for the last eighty years, but in all that time the Court has never provided a clear explanation of what constitutes “hostility to religion.” This lack of explanation has recently become increasingly troubling given the significant role that the concept of “hostility to religion” has played in several high-profile Supreme Court decisions within the last two years, including Masterpiece Cakeshop v. Colorado, Trump v. Hawaii, and American Legion v. American Humanist Association. In this paper, I provide a thorough and detailed history of …

Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Of Rights and Responsibilities: The Social Ecosystem of Religious Freedom
• I am the Woman Who Can
• Flashes of Light: Thoughts on Circumstantial Evidence
• Capital Markets and Human Flourishing

Read on Issuu

What Can We Expect Of Law And Religion In 2020?, Leslie C. Griffin

SMU Law Review Forum

The United States is in a religion-friendly mood—or at least its three branches of government are. The Supreme Court is turning away from its Free Exercise Clause analysis that currently holds that every religious person must obey the law. At the same time, the Court is rejecting its old Establishment Clause analysis that the government cannot practice or support religion. The old model of separation of church and state is gone, replaced by an ever-growing unity between church and state. This Article examines how much union of church and state this Court might establish.

Human Trafficking As "Modern Slavery": The Trouble With Trafficking As Enslavement In International Law, Cody Corliss

South Carolina Law Review

No abstract provided.

From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson

Independent Study Project (ISP) Collection

This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays …

Masterpiece Cakeshop: A Formula For Legislative Accommodations Of Religion, Matthew A. Brown

Akron Law Review

When two core identities clash, such as sexual orientation and religious belief, which one should prevail? I argue that, rather than picking a winner and a loser, the Supreme Court in Masterpiece Cakeshop allowed for a much broader solution than the Court was able to provide—legislative accommodations rooted in tolerance that protect the dignity of same-sex couples and respect sincere religious beliefs.

In Masterpiece Cakeshop, a Colorado baker refused to design a cake for a same-sex wedding based on his religious beliefs. Instead of picking a broad winner and loser, the Supreme Court ruled narrowly by finding the Colorado …

Faithfully Enforcing The Religious Liberty Guarantees Of The Northwest Territory States, Allan W. Vestal

Brigham Young University Journal of Public Law

No abstract provided.

"Christian Traditions, Culture, And Law": An Update And A Few Reflections, Robert F. Cochran Jr.

Pepperdine Law Review

Using Richard Niebuhr’s description of Christian approaches to culture, this Article examines the way Christians approach law, focusing on developments over the last 20 years. During that time, synthesists have continued to develop natural law, seeking an understanding of law based on shared human goods and reason, an approach that can generate a common approach among people of all faiths and no faith. Conversionists, including those on both the political left and right, argue for changes in law that will reflect Christian understandings of the good. Separatists (including many former conversionists) argue that American culture and law have become so …

One Step Enough, Steven D. Smith

Pepperdine Law Review

The growing divide between contemporary law and culture and Christianity forces Christians both in general and in the academy to confront difficult choices. The difficulty of those choices was manifest in the most recent presidential election. In this situation, some Christians take an aggressive or triumphalist stance; others are more inclined to a retreatist approach sometimes labeled “the Benedict Option.” What the right response is poses both prudential and theological questions about which Christians disagree, and about which confident answers are elusive. In this context, Professor Bob Cochran’s distinguished career exemplifies a path of humility in which the Christian citizen …

Jesus Came "Not To Abolish The Law But To Fulfill It": The Sermon On The Mount And Its Implications For Contemporary Law, David Vandrunen

Pepperdine Law Review

This Article interprets Matthew 5:17–48 and argues that, because Jesus came not to abolish but to fulfill the law and the prophets, the Old Testament law takes on a new form for New Testament Christians. The law of God has been refracted through the ministry of Christ. While Matthew 5 does not address contemporary human law directly, its teaching does have radical implications for it. These implications flow particularly from the fact that Matthew 5 marks a decisive shift from the Mosaic theocracy to the worldwide new-covenant church that has no civil jurisdiction.

Divided By The Sermon On The Mount, David Skeel

Pepperdine Law Review

This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice. One side of today’s divide—the religious right—can be traced directly back to the fundamentalist critics of the early …

Comparing Literary And Biblical Hermeneutics To Constitutional And Statutory Interpretation, Robert J. Pushaw Jr.

Pepperdine Law Review

Interpreters determine the meaning of language. To interpret literary and biblical texts, scholars have developed detailed rules, methods, and theories of human understanding. This branch of knowledge, “hermeneutics,” features three basic approaches. First, “textualists” treat words as directly conveying their ordinary meaning to a competent reader today. Second, “contextualists” maintain that verbal meaning depends on generally shared linguistic conventions in the particular historical and cultural environment of the author—and that therefore translations or commentaries are necessary to make the writing intelligible to a modern reader. Third, “hermeneutic circle” scholars argue that texts have no objective meaning. Rather, a person’s subjective …

The Metaphorical Bridge Between Law And Religion, John Witte Jr.

Pepperdine Law Review

This Article explores the role of metaphors in shaping our thought and language in general, and in the fields of law and religion in particular. Drawing on modern cognitive theorists like George Lakoff and Mark Johnson, the Article distinguishes and illustrates the roles of “orientation,” “structural,” and “ontological” metaphors in everyday life and language. Drawing on jurists like Robert Cover and Steven Winter, it shows how metaphors work both in describing the law in terms like “the body,” and in prescribing the foundational beliefs and values on which the legal system depends. Finally, the Article explores the ample use of …

The Dutch Effect: Kuyper And Neo-Calvinism In Professor Cochran's Scholarship, David S. Caudill

Pepperdine Law Review

One of the obvious influences on Bob Cochran’s scholarship is the Dutch Calvinist tradition, especially as represented in the writings by or about Abraham Kuyper (1837–1920). Even though Cochran was neither Dutch nor a member of a Reformed church, Cochran found inspiration and compelling insights (with respect to legal processes and institutions) in the Dutch Calvinist tradition. This interest reflected Cochran’s generous ecumenism and his well-known respect for religious diversity. Three prominent conceptions—the trilogy of sphere sovereignty, antithesis, and common grace—provide a guide to Cochran’s recourse to Kuyper and Calvinism in his scholarly writing. Following a brief explanation of the …

Celebrating Robert Cochran And The Future Of "Embodied" Christian Legal Scholarship, Barbara Armacost

Pepperdine Law Review

The occasion for this Article is a festschrift for Professor Robert (“Bob”) Cochran. I celebrate Bob’s significant scholarly contributions to the maturing of Christian Legal Scholarship. He applied a Christian perspective to legal issues, hosted conferences, mentored Christian Legal Scholars, and edited books of essays featuring Christian perspectives on law. Bob’s work in this area had a huge influence on the flourishing of Christian Legal Scholarship. This Article considers the future of Christian Legal Scholarship. It enters an ongoing conversation (disagreement) between law Professors David Skeel and David Caudill. In a 2008 article, Skeel defined Christian Legal Scholarship so narrowly …

Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge

Pepperdine Law Review

This Essay is a contribution to a festschrift honoring Pepperdine law professor Robert Cochran. In addition to his many other professional accomplishments, Professor Cochran is a leading figure in the study of Law and Christianity. One strain of Law and Christianity scholarship focuses on normative critiques of substantive legal issues based on Christian theology. In other words, it seeks to make the civil law more moral; i.e., to conform Man’s Law to God’s Law. A second strain seeks to help lawyers deal with the difficulties inherent in being a Christian and a lawyer. As Cochran has put it, one might …

The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett

Pepperdine Law Review

Professor Robert Cochran’s work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer’s writing, one that has continued through and been developed in Cochran’s, is “community.” This Essay explores and unpacks this theme and highlights several ways that the idea of “community” functions in their vision of the lawyer’s role and vocation.