Brief Amicus Curiae Of The National Employment Lawyers Association In Support Of Respondents. Hosanna-Tabor Evangelical Lutheran Church And School V. Equal Employment Opportunity Commission, 565 U.S. 171 (2012) (No. 10-553), 2011 U.S. S. Ct. Briefs Lexis 984,
2011
University of Washington School of Law
Brief Amicus Curiae Of The National Employment Lawyers Association In Support Of Respondents. Hosanna-Tabor Evangelical Lutheran Church And School V. Equal Employment Opportunity Commission, 565 U.S. 171 (2012) (No. 10-553), 2011 U.S. S. Ct. Briefs Lexis 984, Eric Schnapper, Rebecca M. Hamburg
Court Briefs
QUESTION PRESENTED Is the anti-relatiation provision of the Americans with Disabilities Act, 42 U.S.C. 12203, unconstitutional as applied to the claims of respondents?
Islam In The Secular Nomos Of The European Court Of Human Rights,
2011
University of Maryland School of Law
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Michigan Journal of International Law
If, with the benefit of hindsight, Mr. Choudhury's case was a harbinger of the emergence of various problems associated with Islam and the rights of Muslim minorities in European nation-states, then the events of September 11, 2001 have propelled these issues to the forefront of law and politics in a way unimaginable even a decade earlier. In Denmark, cartoons depicting the Islamic prophet Muhammad as a suicide bomber have been published leading to protests and violence across Europe and the Islamic world; a law prohibiting students in public schools from wearing symbols or attire through which they conspicuously exhibit a …
Sandel On Religion In The Public Square,
2011
Boston Univeristy School of Law
Sandel On Religion In The Public Square, Hugh Baxter
Faculty Scholarship
In the final chapter of "Justice" (2009), Sandel calls for a “new politics of the common good,” which he presents as an alternative to John Rawls’s idea of public reason. Sandel calls “misguided” Rawls’s search for “principles of justice that are neutral among competing conceptions of the good life.” According to Sandel, “[i]t is not always possible to define our rights and duties without taking up substantive moral questions; and even when it’s possible it may not be desirable.” In taking up these moral questions, Sandel writes, we must allow specifically religious convictions and reasons into the sphere of public …
Obama's Woes,
2011
University of Baltimore School of Law
Obama's Woes, Kenneth Lasson
All Faculty Scholarship
This short op-ed piece discusses Barack Obama's presidency, particularly with regard to Jewish issues and with Israel and the Middle East. The writer offers his rationale why the President's support among Jewish voters is slipping.
Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital,
2011
George Mason University
Referenda And The District Of Columbia's Human Rights Act: Voting On Same-Sex Marriage In The Nation's Capital, Jacob Stewart
Legislation and Policy Brief
Beginning with Massachusetts in 2003, the courts and legislatures of many states have had to decide whether same-sex marriage is or should be a fundamental right under their respective constitutions. Although only five states and the District of Columbia legally perform same-sex marriages, a few other jurisdictions are in the process of proposing laws moving in that direction. However, the vast majority of states are holding fast to the traditional heterosexual definition of marriage. Thirty-eight states have adopted some sort of Defense of Marriage Act, constitutional amendment, or similar measure that defines marriage as the union between one man and …
Veil Or No Veil? Are We On The Right Track?,
2011
Osgoode Hall Law School
Veil Or No Veil? Are We On The Right Track?, Rayhan Asat
Cornell Law School Inter-University Graduate Student Conference Papers
In recent years, it is ironic that a simple Muslim headscarf became one of most contentious and controversial political, culture, religious and human rights issue in various countries around the world. The Muslim headscarf affair has given rise to heated debate in Europe in particular. Extensive scholarship literature contributed to this debate from various aspects, including from the banning of the Niqab from a public sphere, to institutional education and from the courtroom context. One has to acknowledge that few expressions of faith today cause as much fear and loathing in plural democracies as the Muslim headscarf has. I intend …
Smith In Theory And Practice,
2011
Cornell Law School
Smith In Theory And Practice, Nelson Tebbe
Cornell Law Faculty Publications
Employment Division v. Smith controversially held that general laws that were neutral toward religion would no longer be presumptively invalid, regardless of how much they incidentally burdened religious practices. That decision sparked a debate that continues today, twenty years later. This symposium Essay explores the argument that subsequent courts have in fact been less constrained by the principal rule of Smith than advocates on both sides of the controversy usually assume. Lower courts administering real world disputes often find they have all the room they need to grant relief from general laws, given exceptions written into the decision itself and …
Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty,
2011
Indiana University Maurer School of Law
Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I recount John Locke’s 1689 Letter Concerning Toleration and explain how religious liberty continues to rest on Lockean and related justifications. These various justifications depend in part on religious-moral reasoning (both Christian and non-Christian) and in part on political-pragmatic considerations. I then discuss recent and ongoing developments in the American religious landscape, including a radical increase in religious diversity, the modernization of traditional faiths, the individualization or "spiritualization" of religion, and the increasing secularization of individual belief structures. I suggest that these developments, over time, may seriously threaten the underlying religious-moral and political-pragmatic foundations of religious liberty …
Harmonization Of Islamic Law In National Legal System: A Comparative Study Between Indonesia Law And Malaysian Law,
2011
Universitas Indonesia
Harmonization Of Islamic Law In National Legal System: A Comparative Study Between Indonesia Law And Malaysian Law, Yeni Salma Barlinti
Indonesia Law Review
This artcile compares Indonesia legal system. The government legalized Islamic Law in national legislations, which are in effect for Muslim People. To facilitate dispute settlement, there is a relgious court to solve Islamic dispute based on Islamic Law. The Existance of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarties among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into consitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of relgious court is very important in dispute …
Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers,
2011
University of Baltimore School of Law
Hammerin’ Hank & The Golden Arm: Remembering Baseball’S Jewish Hall Of Famers, Kenneth Lasson
All Faculty Scholarship
This cover story focuses on two of baseball’s greatest players, Sandy Koufax, and Hank Greenberg. Besides describing their great talent for the game, it also chronicles the religious discrimination, taunts and abuse they had to endure for their religious beliefs, not just from the public, but occasionally from members of opposing teams as well.
In Light Of Oklahoma Sq 755: How Islamic Law Antecedes In Solving Minorities’ Personal Law Issues?,
2011
Kansas University School of Law, S.J.D. candidate
In Light Of Oklahoma Sq 755: How Islamic Law Antecedes In Solving Minorities’ Personal Law Issues?, Mansour A. Alhaidary
Cornell Law School Inter-University Graduate Student Conference Papers
In November 2010, a proposal was passed to amend Section 1 of Article VII of the Oklahoma State Constitution to prevent considering Sharia Law in making judicial decisions as well as international law. This amendment is being challenged in the court by Muslims and a temporary restraining order has been granted. In this paper, I will show, in contrast to what Oklahoma legislators wanted to enact, how Islamic law of 1400 years ago provided freedom of application of personal law for religious minorities more than any other legal system. Although other legal systems provide one type of freedom or another, …
Shifting Title And Risk: Islamic Project Finance With Western Partners,
2011
University of Michigan Law School
Shifting Title And Risk: Islamic Project Finance With Western Partners, Alan J. Alexander
Michigan Journal of International Law
Project finance exemplifies modern globalized business transactions in that a single project can bring together numerous participants from across the world, and in that sense it is a truly international undertaking. A general definition of project finance is "the financing of an economic unit in which the lenders look initially to the cash flows from operation of that economic unit for repayment of the project loan and to those cash flows and other assets comprising the economic unit as collateral for the loan." The "economic unit" is often referred to as a Special Project Vehicle (SPV). Project finance is commonly …
Prison Ain’T Hell: An Interview With The Son Of Sam—David Berkowitz, And Why State-Funded Faith-Based Prison Rehabilitation Programs Do Not Violate The Establishment Clause,
2011
Pace University School of Law
Prison Ain’T Hell: An Interview With The Son Of Sam—David Berkowitz, And Why State-Funded Faith-Based Prison Rehabilitation Programs Do Not Violate The Establishment Clause, Rebekah Binger
Pace Law Review
No abstract provided.
Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students,
2011
Brigham Young University Law School
Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin
Brigham Young University Education and Law Journal
No abstract provided.
Employment, Sexual Orientation, And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?,
2011
Brigham Young University Law School
Employment, Sexual Orientation, And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.
Parents, Religious Convictions, And Public School Curricula,
2011
Brigham Young University Law School
Parents, Religious Convictions, And Public School Curricula, Mark Strasser
Brigham Young University Education and Law Journal
No abstract provided.
The Church Amendment: In Search Of
Enforcement,
2011
Washington and Lee University School of Law
The Church Amendment: In Search Of Enforcement, Nathaniel James
Washington and Lee Law Review
No abstract provided.
Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism,
2011
William & Mary Law School
Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman
Faculty Publications
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon polygamy. Historians have interpreted Reynolds, and the anti-polygamy legislation and litigation that it midwifed, as an extension of Reconstruction into the American West. This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international context of Great Power imperialism and American international expansion at the end of the nineteenth century. It does this by recovering the lost theory of religious freedom that the Mormons …
Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii,
2011
Brigham Young University Law School
Goldilocks And The Three-Judge Panel: Spencer V. World Vision, Inc. And The Religious Organization Exemption Of Title Vii, Brandon S. Boulter
BYU Law Review
No abstract provided.
Missed Opportunity Or Dodged Bullet? The Tenth Circuit’S Non-Decision In Rocky Mountain Christian Church V. Board Of County Commissioners,
2011
Brigham Young University Law School
Missed Opportunity Or Dodged Bullet? The Tenth Circuit’S Non-Decision In Rocky Mountain Christian Church V. Board Of County Commissioners, James C. Dunkelberger
BYU Law Review
No abstract provided.
