Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women,
2012
Touro University Jacob D. Fuchsberg Law Center
Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder
Scholarly Works
While human rights law in its current form is less than fifty years old, the issues that it grapples with are much, much older. People oftentimes dismiss religion or religious norms as being out of date, close-minded, or old-fashioned, and label religious views as discriminatory in theory or even in practice. In reality, religions have been dealing with human rights issues since ancient times, and in some ways have laid the groundwork for the very modern discussions that have supplanted them. The answers that religions give, therefore, deserve at the very least a careful and respectful analysis before they are …
Higher Law Secularism: Religious Symbols, Contested Secularisms, And The Limits Of The Establishment Clause,
2012
Touro University Jacob D. Fuchsberg Law Center
Higher Law Secularism: Religious Symbols, Contested Secularisms, And The Limits Of The Establishment Clause, Zachary R. Calo
Scholarly Works
This paper considers whether religious symbols on public property might serve a permissible role within the secular polity, and whether there is a way to understand such symbols as compatible with secular commitments. While some attention will be given to constitutional issues, it is proposed that jurisprudential incoherence in this area is less the result of legal interpretation and technique than with the way in which law has framed the concept of the secular. We are not facing a crisis in the Establishment Clause so much as a crisis in the secular. The aim of the paper is thus to …
Reutter’S The Law Of Public Education,
2012
University of Dayton
Reutter’S The Law Of Public Education, Charles J. Russo
Educational Leadership Faculty Publications
This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.
Our Debt To De Vitoria: A Catholic Foundation Of Human Rights,
2012
Loyola University Chicago
Our Debt To De Vitoria: A Catholic Foundation Of Human Rights, Robert J. Araujo S.J.
Faculty Publications & Other Works
No abstract provided.
A Natural Law Approach To An Issue Of The Day: A Critique Of The (Equality) Justification For Same Sex Marriage,
2012
Loyola University Chicago, School of Law
A Natural Law Approach To An Issue Of The Day: A Critique Of The (Equality) Justification For Same Sex Marriage, Robert J. Araujo S.J.
Faculty Publications & Other Works
No abstract provided.
Forgiveness In Islamic Ethics And Jurisprudence,
2012
Seattle University School of Law
Forgiveness In Islamic Ethics And Jurisprudence, Russell Powell
Faculty Articles
Some commentators characterize the relationship between Islam and other religions as a clash of cultures. Deep seated senses of harm, whether arising from the Crusades or 9/11, make the process of intercommunal engagement particularly challenging. However, some contemporary Muslim scholars propose a new paradigm for constructive interaction with non-Muslim communities that is authentically rooted in Islamic jurisprudential and textual traditions. The paper explores a number of potential starting points for intercommunal toleration, forgiveness, and reconciliation within Islamic tradition. Islamic jurisprudence contains deep commitments to forgiveness and reconciliation in its textual traditions (the Quran and Sunna), in its classical jurisprudence (particularly …
Selling Land And Religion,
2012
University of Oklahoma College of Law
Selling Land And Religion, Eang Ngov
Faculty Articles
Thousands of religious monuments have been donated to cities and towns. Under Pleasant Grove City v. Summum, local, state, and federal governments now have greater freedom to accept religious monuments, symbols, and objects donated to them for permanent display in public spaces without violating the Free Speech Clause. Now that governments may embrace religious monuments and symbols as their own speech, the obvious question arises whether governments violate the Establishment Clause by permanently displaying a religiously significant object. Fearing an Establishment Clause violation, some governmental bodies have privatized religious objects and the land beneath them by selling or transferring the …
Unanswered Questions: Transsexual Parents Lack Equality Under The Illinois Religious Freedom Protection And Civil Union Act,
2012
Loyola University Chicago, School of Law
Unanswered Questions: Transsexual Parents Lack Equality Under The Illinois Religious Freedom Protection And Civil Union Act, Brittany Francois
Public Interest Law Reporter
No abstract provided.
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers,
2012
Touro Law Center
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
Scholarly Works
This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …
Adventist Eschatology In Relation To The Religious Left And The Religious Right,
2012
Andrews University
Adventist Eschatology In Relation To The Religious Left And The Religious Right, Michael F. Younker
Journal of the Adventist Theological Society
No abstract provided.
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws,
2012
Cairo University Law School
Is The Middle East Moving Toward Islamism After The Arab Spring? The Case Study Of The Egyptian Commercial And Financial Laws, Radwa S. Elsaman, Ahmed Eldakak
Richmond Journal of Global Law & Business
The first parliamentary elections that followed the Egyptian Revolution witnessed an unprecedented success for Islamists as they secured an overwhelming majority of seats in parliament, suggesting that they may intend to amend many laws to bring parliament into compliance with Islamic Shari’a. This article addresses legal challenges that will face the new majority if they decide to Islamize laws and regulations related to business and finance. Particularly, the article discusses Islamic money theory, trade, banking systems, consumer protection, insurance, competition, and tax systems. The article analyzes Egyptian business and finance laws to examine whether they comply with Islamic law. It …
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child,
2012
Georgetown University Law Center
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
At common law, and (for most of the nation's history) under state statutory regimes, the authority of the parent to direct the child's upbringing was a matter of duty, not right, and chief among parental obligations was the duty to provide the child with a suitable education. It has long been a legal commonplace that at common law the parent had a "sacred right" to the custody of his or her child, that the parent's right to control the upbringing of the child was almost absolute. But this reading of the law is sorely anachronistic, less history than advocacy on …
There Is A World Elsewhere: Preliminary Studies On Alternatives To Interest-Based Bargaining,
2012
New York Law School
There Is A World Elsewhere: Preliminary Studies On Alternatives To Interest-Based Bargaining, F. Peter Philips
Articles & Chapters
Studies of selected ancient dispute resolution methods suggest that interest-based bargaining is culturally specific and may be inapplicable in societies where individual gratification is not as highly valued as social harmony or spiritual coherence.
Religion, School, And Judicial Decision Making: An Empirical Perspective,
2012
Cornell Law School
Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk
Cornell Law Faculty Publications
We analyze various influences on judicial outcomes favoring religion in cases involving elementary and secondary schools and decided by lower federal courts. A focus on religion in the school context is warranted as the most difficult and penetrating questions about the proper relationship between Church and State have arisen with special frequency, controversy, and fervor in the often-charged atmosphere of education. Schools and the Religion Clauses collide persistently, and litigation frames many of these collisions. Also, the frequency and magnitude of these legal collisions increase as various policy initiatives increasingly seek to leverage private and religious schools in the service …
The Limits Of Integrity,
2012
Washington University in St. Louis School of Law
The Limits Of Integrity, John D. Inazu
Scholarship@WashULaw
This article draws upon the work of theologian Stanley Hauerwas to demonstrate how Ronald Dworkin’s theory of law as integrity relies upon secular liberal presuppositions. Dworkin’s constraint on “religious convictions or goals” not only inhibits theological argument in our discussions about law and legal interpretation, but also neutralizes what may be the strongest objections to Dworkin’s normative views. The juxtaposition of Hauerwas and Dworkin is particularly apt because both hold similar interpretive commitments that hang in the balance between a fixed textualism and an unbounded pragmatism. Both justify their epistemic practices by a kind of faith — they do not …
Justice Ginsburg And Religious Liberty,
2012
Washington University in St. Louis School of Law
Justice Ginsburg And Religious Liberty, John D. Inazu
Scholarship@WashULaw
Justice Ginsburg has left an important mark on many areas of the Supreme Court’s jurisprudence, but she has written relatively little in the area of religion. This relatively small footprint increased significantly in the opinion that she wrote in the Court's 2010 decision in Christian Legal Society v. Martinez. In particular, Martinez's dismissal of the religious association claim at the center of the case dealt a severe blow to religious liberty advocates who have struggled to find alternate means of protecting religious expression in the twenty years since the Court’s decision in Employment Division v. Smith (which relegated to rational …
Legislators And Religious-Based Reasoning,
2012
Dalhousie University
Legislators And Religious-Based Reasoning, Diana Ginn, David Blaikie, Micah Goldstein
Articles, Book Chapters, & Popular Press
In a secular, multicultural, liberal democratic society founded on the rule of law, is it appropriate for legislators (or political candidates) to refer to religious beliefs or texts when discussing a government initiative or urging action on a particular issue? Such references might be used for various purposes: to explain the speakers’ own beliefs; to emphasize that an issue has been around for a long time and therefore should be taken seriously; to elucidate historical influences on a particular law; or to give weight to a particular argument by buttressing it with religious authority. In Canada today, do ethics, law, …
The Politics Of Hate,
2012
American University Washington College of Law
The Politics Of Hate, Robert Tsai
Scholarly Articles in Law Reviews & Journals
This is a special issue dedicated to the topic of hate and political discourse. Collectively, the peer-reviewed articles in this volume are concerned with the political aspects of hatred, i.e., psychology, motivations, organization, tactics, and ends. The articles approach the problem from a variety of disciplines, including anthropology, history, law, literature, philosophy, political science, psychology, and sociology. Among the subjects analyzed: group hatred as a heritable trait; hate as an irrational system of thought; Italian fascism's construction of the Communist other; the rise of the English Defence League and its anti-Islam activities; the persistent myth of blood libel; judicial handling …
Conscientious Objection To Creating Same-Sex Unions: An International Analysis,
2012
Allard School of Law at the University of British Columbia
Conscientious Objection To Creating Same-Sex Unions: An International Analysis, Bruce Macdougall, Elsje Bonthuys, Kenneth Mck. Norrie, Marjolein Van Den Brink
All Faculty Publications
In jurisdictions that recognize same-sex marriages and unions, the question arises as to the extent to which civic officials who normally preside at such unions can refuse such participation for religious reasons. This paper examines this issue in the context of four jurisdictions: Scotland, Canada, the Netherlands and South Africa. What is striking is how different is the process of reaching a resolution in each jurisdiction, though the actual result might be the same. This difference arises because of the jurisdiction-specific reasons why same-sex marriages and unions are recognized, how they are recognized, the status of the officers who preside …
The Constitutional Right Not To Kill,
2012
The Catholic University of America, Columbus School of Law
The Constitutional Right Not To Kill, Mark L. Rienzi
Scholarly Articles
Federal and state governments participate in and/or permit a variety of different types of killings. These include military operations, capital punishment, assisted suicide, abortion and self-defense or defense of others. In a pluralistic society, it is no surprise that there will be some members of the population who refuse to participate in some or all of these types of killings. The question of how governments should treat such refusals is older than the Republic itself. Since colonial times, the answer to this question has been driven largely by statutory protections, with the Constitution playing a smaller role, particularly since the …
