Religion Law Commons^™

Brief For Miguel H. Diaz Et A. As Amici Curiae Supporting Respondents, Fulton V. City Of Philadelphia, Leslie C. Griffin, Marci A. Hamilton

Supreme Court Briefs

No abstract provided.

Brief For Child Usa Et Al. As Amici Curiae Supporting Respondents, Little Sisters Of The Poor Saints Peter And Paul Home V. Pennsylvania, Leslie C. Griffin

Court Briefs

No abstract provided.

Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Setting The Table: An Introduction To The Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulhan, Michael J. Broyde, Shlomo C. Pill

Center for the Study of Law and Religion Books

This book explains the major jurisprudential factors driving the halakhic jurisprudence of Rabbi Yehiel Mikhel Epstein, twentieth-century author of the Arukh Hashulchan—the most comprehensive, seminal, and original modern restatement of Jewish law since Maimonides. Reasoning inductively from a broad review of hundreds of rulings from the Orach Chaim section of the Arukh Hashulchan, the book teases out and explicates ten core halakhic principles that animate Rabbi Epstein’s halakhic decision-making. Along the way, it compares the Arukh Hashulchan methodology to that of the Mishna Berura. This book will help any reader understand important methodological issues in both Jewish and general jurisprudence.

Reconsidering Hostile Takeover Of Religious Organizations, B. Jessie Hill

Faculty Publications

Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. Whether this appraisal is accurate or not, it reflects concern about the associational integrity of a voluntary private organization—the Republican Party—and it suggests that some forms of organizational transformation are problematic. Moreover, the same concern might arise regarding other private associations, including religious associations. Yet, given that some transformation is inevitable and universal within religious and other voluntary organizations, it would be unwarranted to assume that all change within a religious organization is necessarily problematic.

This Article …

Let Them Eat Cake: A Comparative Analysis Of Recent British And American Law On Religious Liberty, Gerard A. Hornby

Duquesne Law Review

No abstract provided.

Lgbt Equality, Religious Liberty, And Masterpiece Cakeshop, Dale Carpenter

Faculty Journal Articles and Book Chapters

No abstract provided.

American Legion V. American Humanist Ass'n: Exempting Longstanding Governmental Religious Displays From Establishment Clause Scrutiny And How The Endorsement Test Could Have Prevented It, M. Allison Hyde

Maryland Law Review

No abstract provided.

Church And State And Child Endangerment, Raymond C. O'Brien

Scholarly Articles

As media in the United States revealed the number of minors sexually abused by clergy, the gravity of the offenses, and the inability to prosecute the offenders, a second offense was revealed. Gradually it was illustrated that bishops and their diocesan administrators knew of credible sexual crimes against children committed by clergy and they responded by protecting offenders, ignoring victims, and knowingly reassigning credibly accused clergy to other placements where they could endanger additional minors. In response to these developments the United States Conference of Catholic Bishops published policies to protect children, enacted norms to be followed in each diocese, …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie Failinger

Faculty Scholarship

No abstract provided.

Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens …

Reconsidering Thornton V. Caldor, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley

Indiana Law Journal

In this Note, Part I examines the three main approaches used in other state supreme court decisions to decide pre-embryo disposition disputes, as well as three perspectives on the legal status of the pre-embryo, and compares them with Arizona’s emerging law. Part II summarizes Arizona’s Torres trial court order and opinion and section 318.03. Part III then analyzes whether the Torres orders and Arizona’s new statutory “most likely to lead to birth standard”12 present constitutional issues and concludes that the trial court’s order, if reinstated by the Arizona Supreme Court, and section 318.03 can be challenged on substantive due process …

Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine

Touro Law Review

No abstract provided.

From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer

Touro Law Review

No abstract provided.

Review Of Friendship In The Hebrew Bible By Saul M. Olyan, Ethan J. Leib

Faculty Scholarship

No abstract provided.

Historical Foundations And Enduring Fundamentals Of American Religious Freedom, John Witte Jr.

Faculty Articles

For all of their failures and shortcomings, the eighteenth-century founders did indeed begin on the right “path” toward a free society, and today, Americans enjoy a good deal of religious, civil, and political freedom as a consequence. American principles of religious freedom have had a profound influence around the globe, and they now figure prominently in a number of national constitutions and international human rights instruments issued by political and religious bodies.

To be sure, as Adams predicted, there has always been a “glorious uncertainty of the law” of religious liberty and a noble diversity of understandings of its details. …

Changing The Subject Of Sati, Deepa Das Acevedo

Faculty Articles

Charan Shah's 1999 death was widely considered to be the first sati, or widow immolation, to have occurred in India in over twenty years. Media coverage of the event focused on procedural minutiae-her sari, her demeanor-and ultimately, several progressive commentators came to the counterintuitive conclusion that the ritually anomalous nature of Charan's death confirmed its voluntary, secular, and noncriminal nature. This article argues that the "unlabeling" of Charan's death, like those of other women between 1999 and 2006, reflects a tension between the nonindividuated, impervious model of personhood exemplified by sati and the particularized citizen-subject of liberal-democratic politics in India.

The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin

Faculty Scholarship

No abstract provided.

A Light Unseen: The History Of Catholic Legal Education In The United States: A Response To Our Colleagues And Critics, John M. Breen, Lee J. Strang

Faculty Publications & Other Works

No abstract provided.

Fetal Equality, Shaakirrah R. Sanders

Washington and Lee Law Review Online

I join Carliss Chatman’s call to fully consider the equal protection implications of the conception theory and raise an additional right to which a fetus may be entitled as a matter of equal protection: health care, which implicates state laws that provide civil and criminal exemptions to parents who choose religious healing instead of medical care for their children and minor dependents. The evidence of harm to children from religious healing is well documented. Yet, currently, approximately forty-three U.S. states and the District of Columbia have some type of exemption to protect religious healing parents in civil and criminal cases. …

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

Scholarly Works

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.

Saint Paul’S Trial Narrative In Acts: Imperium Rōmānum Vs. Vasileía Tou Theoú, Thomas Simmons

Faculty Publications

Saul of Tarsus (alias Paul) encountered the resurrected Christ on the road to Damascus. Thereupon, Paul not only became a follower of "the Way," he went from an aggressive persecutor of early Christians to one of its most intellectual and influential apostles. Towards the end of his life, he went on trial. Saint Paul's trial in first century Judea before Felix and Festus receive a detailed fleshing-out in the Acts of the Apostles. A quasi-prosecutor even briefly appears. But Paul's subsequent legal proceedings in Rome and his execution there are excluded from the narrative. Meanwhile, Acts portrays Christianity as a …

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …

The Law Of The Eruv, Michael Lewyn

Scholarly Works

Describes case law governing municipal regulation of the eruv (an artificial enclosure designed to allow observant Jews to carry on the Jewish Sabbath). The article focuses on First Amendment case law, and concludes that a municipality may prohibit eruvin only pursuant to a regulation that is enforced against comparable secular signs.

The Unconstitutionality Of Government Propaganda, Caroline Mala Corbin

Articles

Government propaganda-the government's deliberate dissemination of false claims on matters of public interest-has increasingly become a source of concern in the United States. Not only does the current presidential administration disseminate propaganda at a rate unprecedented in the modern era, so that Americans now live in an age of government-created "alternative facts," but the internet and social media have made it possible to find receptive audiences with alarming speed and accuracy. This surge of government propaganda poses troubling questions for the health of our democracy, which requires political accountability and the valid consent of the governed to thrive.

Although the …

Economic Analysis Of Jewish Law, Keith Sharfman

Faculty Publications

(Excerpt)

Like any legal system, Jewish law is amenable to economic analysis, both positive and normative. Economic analysis can help to explain how and why the various rules comprising Jewish law arose and persisted over time. It also can facilitate a direct assessment of Jewish law on the merits. In practice, however, it is a mainly positive economic analysis of Jewish law that scholars have emphasized, while normative analysis has, for the most part, been underemphasized.

Take, for example, the application of law and economics to biblical exegesis. The legal-economic work in this field has been largely descriptive rather than …

Constitutional Law—Where Does It Fit? Solving The School Board Prayer Puzzle, Austin Reed

University of Arkansas at Little Rock Law Review

No abstract provided.