Pepperdine University
Brigham Young University Law School
Islamic Research Institute, International Islamic University, Islamabad, Pakistan
Komisi Pemilihan Umum Republik Indonesia
University of California, Berkeley School of Law
University of Florida Levin College of Law
University of St. Thomas, Minnesota
Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause,
2023
University of Cincinnati College of Law
Inactive Exercise & Unequal Protection: Espinoza & Carson Under The Equal Protection Clause, Griffith B. Bludworth
University of Cincinnati Law Review
No abstract provided.
Education, The First Amendment, And The Constitution,
2023
University of California, Berkeley, School of Law
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
University of Cincinnati Law Review
No abstract provided.
School Matters,
2023
University of Cincinnati College of Law
School Matters, Ronna Greff Schneider
University of Cincinnati Law Review
No abstract provided.
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Apex Bone Wearing Out In The Light Of Sharia And Science,
2023
Jerusalem, Palestine
The Apex Bone Wearing Out In The Light Of Sharia And Science, Omar Gabis
An-Najah University Journal for Research - B (Humanities)
This research studies an issue in which Sharia scholars differed in the past, while was not of interest to scholars recently, namely: Does the last part of the human coccyx bone (apex) dissolve? Some hadith mentioned that the apex wears out, which was the reason for the divergence of the opinions of scholars in answer to this question over time. As far as informed, the researcher did not find a schooler who singled out this issue in any scientific research. The difficulty of answering this question may lie in the inability to conduct empirical research on this part, in addition …
Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States,
2023
University of New Mexico - Main Campus
Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller
Communication ETDs
Anchored by contemporary crises surrounding queer and trans people in the United States, I employ movements from queerness within an affective queer phenomenological framework to understand how arrangements of “white religion” (Schaefer, 2015, p. 63), a process whereby U.S. American Christian forms escape ideology into religious affective economies in the United States, relegate queer people “to the background… to sustain a certain direction” (Ahmed, 2006, p. 31). I assemble a queer rhetorical context analyzing white religious space in documentary film, secular sexual regulation through contemporary U.S. legal contexts around marriage, and settler colonial Christian nationalist political imaginations to critique how …
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform,
2023
Pepperdine University
Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez
Journal of the National Association of Administrative Law Judiciary
This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …
Neutralizing Secularism: Religious Antiliberalism And The Twentieth-Century Global Ecumenical Project,
2023
Osgoode Hall Law School of York University
Neutralizing Secularism: Religious Antiliberalism And The Twentieth-Century Global Ecumenical Project, Rabiat Akande
Articles & Book Chapters
A marked feature of the contemporary U.S. constitutional landscape is the campaign by an Evangelical- Catholic coalition against the idea of secularism, understood by this alliance to mean the exclusion of religion from the state and its progressive marginalization from social life. Departing from the tendency to treat this project as a national phenomenon, this article places it within a longer global genealogy of an earlier international Christian ecumenical effort to combat secularism. The triumph of that campaign culminated in the making of Article 18 of the Universal Declaration of Human Rights, now considered the paradigmatic international legal provision on …
Masking God In Resurrection School V. Hertel: One School’S Efforts To Exercise Religion During An Ongoing Pandemic,
2023
Mississippi College School of Law
Masking God In Resurrection School V. Hertel: One School’S Efforts To Exercise Religion During An Ongoing Pandemic, Sean Turnipseed
Mississippi College Law Review
SARS-CoV-2, colloquially termed “COVID-19,” dramatically altered the world in which we live. But no one would have guessed the virus would spark a flurry of litigation under the U.S. Constitution’s Free Exercise Clause. Shortly after the virus began to spread, former President Donald Trump advised a twoweek plan with hopes to “flatten the curve” of COVID-19’s impact. The plan encouraged individuals to avoid gatherings with ten or more people, work and attend school from home, eat at home rather than in restaurants, and avoid discretionary travel and shopping, to name a few. But the two-week plan did not effectively thwart …
Ulama's Resistance To The Closing Of Worship Places During The Covid-19 Pandemic In Indonesia,
2023
IAIN Ponorogo
Ulama's Resistance To The Closing Of Worship Places During The Covid-19 Pandemic In Indonesia, Luthfi Hadi Aminuddin, Isnatin Ulfah, Siti Rohmaturrosyidah Ratnawati, Chafid Wahyudi
The Qualitative Report
PPKM Darurat (the implementation of community activity restrictions) is one of the policies implemented by the Indonesian government to control the spread of COVID-19. PPKM Darurat received opposition from ulama (Islamic religious leaders) because all places of worship had to be closed. Our qualitative study explores the forms, factors, and impacts of ulama’s resistance to the closing of worship places during the COVID-19 pandemic. This research data were collected through interviews with participating ulama. This study indicates that ulama’s resistance to the closure of places of worship during the PPKM Darurat period manifested in discourse and action. In …
The Urgency And Strategic Role Of Maqasid Shari'ah And Maslahah In Responding To The Legal And Economic Challenges Of Muslim Business,
2023
Universitas Pembangunan Nasional Veteran Jakarta
The Urgency And Strategic Role Of Maqasid Shari'ah And Maslahah In Responding To The Legal And Economic Challenges Of Muslim Business, Fadhli Suko Wiryanto
Journal Of Middle East and Islamic Studies
The study of maqashid shari'ah began to receive intensive attention after the Prophet's death, especially when the Companions were faced with new problems and social changes that had never occurred when the Prophet Muhammad was still alive. With the existence of social changes as a result of the demands of the times and the dynamics of society, thus demanding the creativity of the friends seriously to conduct a study of the maqashid shari'ah as an effort to make legal breakthroughs to anticipate social changes that occur. Maqashid shari'ah and maslahat have a very urgent and strategic role to be used …
The Islamisation Of The English Trust: The Hibah Trust In Malaysia,
2023
Singapore Management University
The Islamisation Of The English Trust: The Hibah Trust In Malaysia, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Malaysia, being a former English colony, inherited a corpus of English law which includes equity and trusts. In recent times, major banks, financial institutions, and trust companies have reimagined the English trust in combination with Islamic law, by offering an innovation called the hibah trust. This instrument represents the Islamisation of the English trust concept where the Islamic idea of the hibah, an inter vivos gift and the English trust is combined as a wealth management offering to clients. This article explores how the hibah trust works, reasons why institutions may be offering this hybrid instrument, and potential challenges to …
Property And Moral Responsibilities: Some Reflections On Modern Catholic Social Theory,
2023
Catholic University of America
Property And Moral Responsibilities: Some Reflections On Modern Catholic Social Theory, Lucia A. Silecchia
Texas A&M Journal of Property Law
Professor Eric Claeys’s forthcoming book, Natural Property Rights, offers a deep perspective on property rights principles. However, while the law tends to focus—as I believe it must—on property rights, rights are inextricably intertwined with duties or responsibilities. The natural rights framework for property is, as Claeys says, “good enough for government work.” It reflects a principled way for the government to allocate property rights and use the law to protect them.
However, it is necessary to look beyond what is desirable for government to protect through law. Other sources propose parameters for reasoned use of property with an emphasis …
Sacred Spheres: Religious Autonomy As An International Human Right,
2023
The Catholic University of America, Columbus School of Law
Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney
Catholic University Law Review
How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …
When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation,
2023
University of Cincinnati College of Law
When Life Begins: A Case Study Of The Unitarian Universalism Faith And Its Potential To Combat Anti-Abortion Legislation, Jennifer O'Rourke
University of Cincinnati Law Review
No abstract provided.
Clark Memorandum: Spring 2023,
2023
Brigham Young University Law School
Clark Memorandum: Spring 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Fidei Defensor: Defending Faith to Enable Communities of Reconciliation
- Conscience, Peacebuilding, and Faith-Based Law Schools
- Elvis Was Right: The Unavoidable Intersection Between Personal Values and a Fulfilling Practice of Law
- The Future of the Establishment Clause: Implications of Kennedy v. Bremerton School District
"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism,
2023
Pope F. Brock Associate Professor of Professional Responsibility, University of Georgia School of Law.
"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan S. Chapman
Notre Dame Law Review
This Essay first attempts to understand how a contested Christian doctrine found its way into constitutional law. It does so through a reverse genealogy of ideas—an archaeology, perhaps. The Essay begins by sketching how U.S. constitutionalism, in both theory and doctrine, reflects the belief that the “arc of the moral universe is long, but it bends toward justice.” It then suggests that underlying this constitutional theme is a merger of two features of American civil religion: the tradition of treating the Declaration of Independence and the Constitution as the central texts of a sacred canon and the belief that America …
Christians And/As Liberals?,
2023
Warren Distinguished Professor of Law, University of San Diego.
Christians And/As Liberals?, Steven D. Smith
Notre Dame Law Review
Christianity and liberalism were made to fit each other, like hand and glove. According to some interpretations, anyway. Liberal constitutionalism, with its commitments to freedom and equal human dignity, is the political system that reflects and embodies Christian commitments; and the constitutional legal order that accompanies liberalism, centrally including legally enforced rights of religious freedom, is the mode of government that best permits Christians to live in accordance with their faith in a fallen and deviant world. Thus, a couple of decades ago, Robert Kraynak reported that “[a]lmost all churches and theologians now believe that the form of government most …
"It Is Tash Whom He Serves": Deneen And Vermeule On Liberalism,
2023
John Paul Stevens Professor of Law and Professor (by courtesy) of Political Science, Department of Philosophy Affiliated Faculty, Northwestern University.
"It Is Tash Whom He Serves": Deneen And Vermeule On Liberalism, Andrew Koppelman
Notre Dame Law Review
I worry that some recent Christian criticisms of liberalism are the kind of fantasy that Murdoch warned about, caricaturing what they purport to oppose. They are also ominously vague about what would replace it. Both writers echo earlier Christian flirtations with Marxism: philosophical errors lead idealists to gullibly embrace authoritarian kleptocrats who do not give a damn about the people the idealists are trying to help.
I will focus on the work of Patrick Deneen, with some reference to the more abbreviated but similar critiques of liberalism by Adrian Vermeule. Both claim that liberalism’s relentless logic tends to destroy communities …
Catholic Liberalism And The Liberal Tradition,
2023
Senior Fellow and McDonald Distinguished Fellow, Center for the Study of Law and Religion, Emory University.
Catholic Liberalism And The Liberal Tradition, Kathleen A. Brady
Notre Dame Law Review
Criticisms of liberalism are nothing new. All political traditions have their detractors, and as in the past, today’s critics of liberalism include those on the left and right as well as religious believers and those without religious affiliations. However, in very recent years, far-reaching and deepening critiques have been emerging from an unlikely source. Throughout American history, the nation’s religious communities have been among the strongest defenders of religious freedom as well as other fundamental liberal values such as limited government, democratic institutions, civic equality, and other civil freedoms. Conservative Christians have been no exception. With other Americans, they have …
