Religion Law Commons^™

Adr Dharma: Seeking A Hindu Perspective On Dispute Resolution From The Holy Scriptures Of The Mahabharata And The Bhagavad Gita , Aalok Sikand

Pepperdine Dispute Resolution Law Journal

The Mahabharata and the Bhagavad Gita are both monumental pieces of Hindu literature. This paper seeks to analyze them in order to garner a Hindu perspective on dispute resolution. There will be five parts to this paper: Part I seeks to give an overview of certain Hindu concepts such as dharma, which will make it easier to understand the Mahabharata and the Gita. Part II will then give a brief summary of the basic plot of the Mahabharata. Then, Part III will zoom in on the section of the Mahabharata where Lord Krishna attempts to mediate peace between …

Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace, Rabbi Yitzchok Adlerstein

Pepperdine Dispute Resolution Law Journal

We can only consider the role of peacemaking in Jewish law after examining the meaning and place of peace. Accuracy prevents me from opening with some platitude about how peace occupies a central, pivotal position in Jewish thought. It doesn't. Peace and peacemaking have a curious habit of not turning up in the middle of things, but all the way at the end. There are too many instances of this to be coincidental. There are nineteen blessings in the Amidah, the central (indeed!) prayer that Jews recite three times a day, every weekday of their lives. The very last …

Separation Of Religion And State In Japan: A Pragmatic Interpretation Of Articles 20 And 89 Of The Japanese Constitution, Andrew B. Van Winkle

Washington International Law Journal

Article 20 of Japan’s Constitution establishes freedom of religion. To protect this freedom, the provisions of Articles 20 and 89 separate religion from the state to prevent the return of State Shintō. Despite this separation, the Japanese Supreme Court has consistently upheld instances where state entities interact with religious groups. These decisions have raised the ire of numerous academics and legal professionals in and out of Japan who believe that Japan’s constitutional separation requires absolute separation, or at least something more stringent than the Supreme Court has been willing to find. Although this comment rejects the approach taken by the …

Making A Deal With The Devil: A Mediation Approach To Mitigating The Negative Effects Of Church Conflict , Amanda L. Marutzky

Pepperdine Dispute Resolution Law Journal

This article aims to be a resource for both congregational and denominational churches in any stage of internal conflict. Whether members fight over theological questions, or factions split over who owns the church building, church conflicts are best resolved via the mediation process. Mediation has the greatest potential for reaching resolution in these disputes because it uses an outside third-party, addresses parties' underlying needs and interests, and is more aligned with Christian principles. The selection of a mediator is also an integral part of the mediation process. Churches should choose a mediator who maintains the balance between impartiality and substantive …

Veils, Politics, And Constitutionalism, Jill Goldenziel

Schmooze 'tickets'

No abstract provided.

The Truth Shall Set You Free: A Distinctively Christian Approach To Deception In The Negotiation Process, Al Sturgeon

Pepperdine Dispute Resolution Law Journal

This paper examines whether the Christian religion offers a distinct position on the use of deception in the negotiation process. It is expected to be of primary interest to Christian negotiators, but combining the popularly understood theorem that "everyone negotiates on some level" with the fact that there are over 173 million Christian adherents in the United States alone, the topic may be of general interest to anyone who negotiates. There is apparently neither an official nor a widespread recognition of a distinct Christian position on the use of deception in negotiation at present. It is this article's proposal, however, …

Theology And The Higher Law, Yitzchok Adlerstein

Pepperdine Law Review

No abstract provided.

Law, Higher Law, And Human Making, William S. Brewbaker Iii

Pepperdine Law Review

This paper is a preliminary investigation of what Christian theology might teach us about the nature of human creative activity and its relationship to judging and lawmaking. Rather than attempt to survey and synthesize multiple theological accounts of human making, it focuses on just one - Dorothy Sayers' The Mind of the Maker. The foundational analogy that drives Sayers' account of human creativity is the relation between God's creative activity and that of human beings made in his image. Sayers argues that human creative activity has a Trinitarian structure, which she identifies as Idea, Energy and Power. These three elements …

Law And Redemption: Political Judgment And The Church's Proclamation , Joan Lockwood O'Donovan

Pepperdine Law Review

No abstract provided.

Cain's Law, Elizabeth Mensch

Pepperdine Law Review

No abstract provided.

Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin

Pepperdine Law Review

No abstract provided.

After Gender The Destruction Of Man? The Vatican’S Nightmare Vision Of The “Gender Agenda” For Law, Mary Anne Case

Pace Law Review

No abstract provided.

The New Victims Of The Old Anti-Catholicism, Christopher C. Lund

Law Faculty Research Publications

Santayana once said that those who cannot remember the past are condemned to repeat it, the implication being that we can avoid future mistakes by paying better attention to past ones. Perhaps this is so. Or perhaps it is as George Bernard Shaw once said-that we learn from history only that we learn nothing from history. Yet one thing is surely clear. To the extent that modern injustices have identifiable historical antecedents, we rightly stand doubly condemned for them.

This Essay looks at four modern church-state cases which span the First Amendment spectrum. The plaintiffs are religiously diverse-one is a …

Worshiping Separation: Worship In Limited Public Forums And The Establishment Clause , William A. Glaser

Pepperdine Law Review

No abstract provided.

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg

Pepperdine Law Review

No abstract provided.

Religion-Free Environments In Common Interest Communities, Angela C. Carmella

Pepperdine Law Review

No abstract provided.

Saving The Preachers: The Tax Code's Prohibition On Church Electioneering, Nicholas P. Cafardi

Duquesne Law Review

No abstract provided.

Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Neither Party, Cannata V. Catholic Diocese Of Austin, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Brief For Prof. Leslie C. Griffin As Amica Curiae In Support Of Appellant, Scott V. Pierce, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Brief For Prof. Leslie C. Griffin Et Al. As Amici Curiae In Support Of Respondents, Hosanna-Tabor Evangelical Lutheran Church And School V. E.E.O.C., Leslie C. Griffin

Supreme Court Briefs

No abstract provided.