No Respect: Brian Leiter On Religion,
2010
Northwestern University School of Law
No Respect: Brian Leiter On Religion, Andrew Koppelman
Faculty Working Papers
In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that religion is not an apt candidate for respect in the "thick" sense of being an object of favorable appraisal. Both arguments depend on a radically impoverished conception of what religion is and what it does. In this paper, I explain what Leiter leaves out, and offer an hypothesis about why. I also engage with some related reflections by Simon Blackburn and Timothy Macklem, both of whom influence, in different ways, Leiter's analysis.
Public And Private As Viewed Through The Work Of The Muhtasib,
2010
Northwestern University School of Law
Public And Private As Viewed Through The Work Of The Muhtasib, Kristen Stilt, Roy Mottahedeh
Faculty Working Papers
This article examines the distinctions between public and private space in classical Islamic law through the work of the muhtasib, a legal official charged with the inspection of public places and behavior in towns of the premodern Middle East and North Africa (and in some Muslim communities outside of these areas).
Recognizing The Individual: The Muhtasibs Of Early Mamluk Cairo And Fustat,
2010
Northwestern University School of Law
Recognizing The Individual: The Muhtasibs Of Early Mamluk Cairo And Fustat, Kristen Stilt
Faculty Working Papers
This Article studies the biographies of several key muhtasibs in Mamluk Cairo and Fustat to understand the types of individuals who held the position and how the individual background, education, status among the populace, relationship to the ruling elite, and the means of obtaining the position of each contributed to how the particular muhtasib functioned in office.
Price Setting And Hoarding In Mamluk Egypt,
2010
Northwestern University School of Law
Price Setting And Hoarding In Mamluk Egypt, Kristen Stilt
Faculty Working Papers
This Article studies the legal position of the muhtasib in medieval Cairo, using the biographical information available about the individuals who held the position to understand the actions they took in office. The muhtasib, who was an inspector of public places and markets in particular, was a key legal actor in terms of applying law immediately to a situation he encountered; he was a common face of the law in society. This Article, influenced in method by legal realism, shows that in addition to the law that a particular muhtasib intended to apply to a particular case, biographical information is …
How Is Islam The Solution?: Constitutional Visions Of Contemporary Islamists,
2010
Northwestern University School of Law
How Is Islam The Solution?: Constitutional Visions Of Contemporary Islamists, Kristen Stilt
Faculty Working Papers
This Article uses documents issued by the Muslim Brotherhood, in particular the lengthy 2007 "Political Party" Platform, and personal interviews with Brotherhood leadership to examine the group's specific goals and beliefs for the place of religion within the structure of the Egyptian legal system. While many important angles need to be explored, I focus on one topic that has drawn the most attention to the Brotherhood, the place of religion in the state, or religion defined and enforced by state institutions. I show that the Brotherhood carefully acknowledges the existing constitutional structure and jurisprudence on the position of Islam in …
The Protection Of Religious Liberty Under The American Constitution,
2010
Wayne State University
The Protection Of Religious Liberty Under The American Constitution, Robert A. Sedler
Law Faculty Research Publications
Religious liberty is a favored value under the United States Constitution. The Constitution provides two-fold protection to religious liberty by means of the Establishment Clause and the Free Exercise Clause. The Establishment Clause, sometimes referred to as the separation of church and state, requires that the government maintain a course of complete official neutrality toward religion. The government cannot favor one religion over another, nor can it favor religion over non-religion. The Free Exercise Clause is a textual guarantee of peoples' right to practice their religion and to hold and act on religious beliefs. The First Amendment's guarantee of freedom …
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations,
2010
University of Michigan Law School
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon
Michigan Telecommunications & Technology Law Review
The goal of this Article is to do what others have not: determine whether religious organizations should use copyright law to advance their goals of censorship and doctrinal purity. Answering this question entails a two-step analysis. First, the religious motivations must be compared with the underlying theories of, or justifications for, copyright law. Whether those principles align or conflict with religious motivations will inform our normative answer. Regardless of the answer to the aforementioned inquiry, the second step analyzes whether substantive copyright law doctrine facilitates or impedes the achievement of the ends advanced by these religious motivations. As a result …
Insubstantial Burdens: The Case For Government Employee Exemptions To Same-Sex Marriage Laws,
2010
Washington and Lee University School of Law
Insubstantial Burdens: The Case For Government Employee Exemptions To Same-Sex Marriage Laws, Robin Fretwell Wilson
Scholarly Articles
The case for accommodating religious objectors to same-sex marriage has met significant resistance on a number of fronts. Some believe that religious exemptions permit objectors to dodge legal duties to serve same-sex couples that would otherwise apply. Critics charge that, if extended to public employees, such exemptions would burden the ability of same-sex couples to marry. Others argue that exemptions coddle wrong-headed people who really do not have a legitimate reason for objecting and who, therefore, should not be legally excused. A review of the nearly half-dozen new same-sex marriage laws enacted in the past year suggests that the least …
Religion-Based Claims For Impinging On Queer Citizenship,
2010
Allard School of Law at the University of British Columbia
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
All Faculty Publications
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010),
2010
UIC School of Law
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010), Susan C. Hascall
UIC Law Review
No abstract provided.
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes,
2010
University of Richmond
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle
Richmond Journal of Law and the Public Interest
In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.
Comments: The Religious Land Use And Institutionalized Persons Act And Mega-Churches: Demonstrating The Limits Of Religious Land Use Exemptions In Federal Legislation,
2010
University of Baltimore School of Law
Comments: The Religious Land Use And Institutionalized Persons Act And Mega-Churches: Demonstrating The Limits Of Religious Land Use Exemptions In Federal Legislation, Heather M. Welch
University of Baltimore Law Review
No abstract provided.
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010),
2010
UIC School of Law
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead
UIC Law Review
No abstract provided.
Persecution Of Coptic Christians In Modern Egypt,
2010
University of Denver
Persecution Of Coptic Christians In Modern Egypt, Alla Rubinstein
Human Rights & Human Welfare
The Christian community of Egypt dates back to the seventeenth century and comprises 12 per cent of the population today. As one of the oldest churches of the world, the Coptic Christian Church, first formed in Alexandria, has stood resilient and faithful to its traditions against intolerance, siege and persecutions. Having been present in most institutions of the state among the overwhelmingly Sunni-Muslim population, Copts are not new to the slow process of Islamization that Egypt has been undergoing for the last twenty years. What has been unique to the recent Coptic experience is the forced integration of Shari’a law …
On Visibly Dangerous Silliness,
2010
Occidental College
On Visibly Dangerous Silliness, Anthony Chase
Human Rights & Human Welfare
“Silly” is what Ramadan calls the Swiss minaret referendum. He urges, in response to its passage, that Swiss Muslims be more rather than less visible. Each point is worth reflection. How and why does silliness transform itself into danger? And how and why is visibility the correct response to such danger—even if it leads in directions Ramadan may not suspect?
Review Essay: Religion And Politics 2008-2009: Sometimes You Get What You Pray For,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Review Essay: Religion And Politics 2008-2009: Sometimes You Get What You Pray For, Leslie C. Griffin
Scholarly Works
No abstract provided.
Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010),
2010
UIC School of Law
Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands "government speech" to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new "government speech doctrine"- a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views-and "government speech" analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes,
2010
University of Richmond
Towards A New Lens Of Analysis: The History And Future Of Religious Exemptions To Child Neglect Statutes, Gregory Engle
Richmond Public Interest Law Review
In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.
Taxpayer Standing From Flast To Hein,
2010
University of Missouri School of Law
Taxpayer Standing From Flast To Hein, Carl H. Esbeck
Faculty Publications
This essay plays off a critique by Professor Maya Manian of an article where I discussed the decision in Hein v. Freedom From Religion Foundation, Inc., 551 U.S. 587 (2007) (plurality opinion). While Professor Manian was concerned about how the result in Hein would lead to under enforcement of church-state separation, my article had utilized Hein, and more generally the law of taxpayer standing beginning with Flast v. Cohen (1968), to look beyond the question of aid to religion. Rather, I began by showing that the only cases in which the Court had announced a “generalized grievance” and thereby denied …
Religious Liberty After Gonzales: A Look At State Rfras,
2010
Wayne State University
Religious Liberty After Gonzales: A Look At State Rfras, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
