How To Teach A Course On Land Use And Anti-Jewish Discrimination,
2025
Touro Jacob D. Fuchsberg Law Center
How To Teach A Course On Land Use And Anti-Jewish Discrimination, Michael Lewyn
FIU Law Review
In 2022, I was asked to teach a one-week mini-course within a broader course on “Structural Barriers and the Pursuit of Equity,” a course focusing on various forms of structural discrimination The course is typically taught by over a dozen professors from various parts of Touro University, each of whom teaches for a week on a different topic. I chose to teach on issues related to land use law (because my scholarship focuses on that area) and in particular how land use law has been used by and against traditionally observant Jews (because that is the religious tradition I am …
Sabbath Accommodations As A Civil Right: History, Title Vii, And The Path To Groff V. Dejoy,
2025
Yale Law School
Sabbath Accommodations As A Civil Right: History, Title Vii, And The Path To Groff V. Dejoy, Isaac May
FIU Law Review
In Groff v. DeJoy, which concerned a Christian Sabbath observer, Jewish groups were vindicated by the Court’s overturning Hardison v. Transworld Airlines and strengthening Title VII’s protections for religion, particularly around employees’ Sabbath observance. This article positions Groff within the history of Jewish efforts to secure employment protections for Sabbath worship. Efforts to secure Sabbath accommodations were an outgrowth and expansion of early twentieth-century efforts to ensure Jews were protected by public accommodation laws and a product of attempts by litigators such as Leo Pfeffer to end mandatory Sunday closing laws in the mid-twentieth century. Sabbath accommodations became a critical …
Never Again: Zionism And The Jewess,
2025
Duquesne University
Never Again: Zionism And The Jewess, Rona Kaufman
FIU Law Review
The State of Israel was established, in part, to ensure that Jews would never again be killed with impunity. More specifically, the State of Israel was established to ensure that never again would Jewish women and girls be systematically raped, assaulted, violated, and mutilated in a pogrom-like attack against the Jewish people. It is well known that the sweep of history connects Jews with the land of Israel from ancient times to today and serves as an important foundation for political Zionism. Less understood is that the atrocities against Jewish women and girls, committed over thousands of years and across …
Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism,
2025
University of Miami
Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi
FIU Law Review
In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however, particularly the social and political upheaval over protests of the war in Gaza, have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. All this has raised questions about whether the National Strategy's assumptions about public attitudes, the viability of antisemitism awareness initiatives, and the possibility of whole-of-society agreement on countering antisemitism …
Race Without Racism: Religious School Curricula And The Race-Neutral Legacy Of Brown,
2025
Washington and Lee University School of Law
Race Without Racism: Religious School Curricula And The Race-Neutral Legacy Of Brown, Vania Blaiklock
Scholarly Articles
Current conversations about race and equity curricula in primary and secondary education exclude examining religious curricula because of their private classification. Yet, this omission prevents us from exploring how religious curricula might mirror the legal transformation of Brown’s racial equality legacy to constitutional race neutrality. This Article brings religious curricula into these conversations by specifically linking the Court’s race-neutral transformation of Brown to the way religious curricula frame discussions about race without racism. Throughout the Article, I argue that the Court’s transformation of Brown is not just a top-down legal framework but also a bottom-up educational ideology. By making …
From Ambiguity To Accountability: The Case For A Legal Definition Of Antisemitism In Academia,
2025
Penn State Dickinson Law
From Ambiguity To Accountability: The Case For A Legal Definition Of Antisemitism In Academia, Andrea Martin
Faculty Scholarship
Following the October 7, 2023, Hamas attacks on Israel, U.S. college campuses experienced a sharp rise in antisemitic incidents, driven by an antizionism movement aimed at demonizing and delegitimizing the Jewish state and its supporters. A congressional investigation found that antisemitism persisted at prominent universities because administrators repeatedly failed to denounce antizionist conduct that functions as a vehicle for harassment of Jewish students and neglected to enforce their own nondiscrimination policies. The congressional committee, as well as several university antisemitism task forces, identified antizionism as a primary driver of campus antisemitism and strongly recommended that university leaders recognize and address …
Patriarch Kirill Of Moscow And All Russia: A True Patriarch Or A False One, A Senior Cleric Or A Senior Politician Of The Russian Federation? The Russian Patriarch And The War In Ukraine,
2025
St. Kliment Ohridski University of Sofia, Bulgaria
Patriarch Kirill Of Moscow And All Russia: A True Patriarch Or A False One, A Senior Cleric Or A Senior Politician Of The Russian Federation? The Russian Patriarch And The War In Ukraine, Dilyan Nikolchev
Occasional Papers on Religion in Eastern Europe
This paper focuses on the behavior of the current Russian Orthodox Patriarch Kirill (Gundyaev) in the context of the Russia’s military aggression against sovereign Ukraine – a religious leader who fully supports the war policy of the Kremlin. The pro-war and pro-Putin views and messages of Patriarch Kirill proved him in the eyes of the Orthodox world more as a false Patriarch and a politician than as the primate of the Russian Orthodox Church. To a large extent, the Russian political narratives and ideology of the “Russian Peace” and “Holy Rus” doctrine are a product of the senior leadership of …
The Judicial System Of Kazakh Beys In Central Asia: Shari'a And Customary Law,
2025
Egyptian University of Islamic Culture Nur Mubarak
The Judicial System Of Kazakh Beys In Central Asia: Shari'a And Customary Law, Dinmuhammad Smanov Kul, Alau Adilbayev, Rakhimov Abdukhalik, Yerzhan Kalmakhan
Occasional Papers on Religion in Eastern Europe
This study examines the judicial practices of Kazakh beys in 18th–19th century Central Asia, emphasizing their application of Islamic fiqh alongside traditional Kazakh customary law (adat). In a decentralized and nomadic society, beys acted as hybrid legal authorities, integrating Shari’a principles – such as ‘adl (justice), maslaha (public interest), and ijtihad (independent reasoning) with local customs to resolve disputes over property, family matters, and blood feuds. Through historical-legal analysis of oral traditions, archival documents, and ethnographic accounts, the research demonstrates how beys preserved Islamic legal norms while adapting them to practical realities, creating a dynamic model of legal …
Private Religious Schools And Disability Discrimination,
2025
Calvin University
Private Religious Schools And Disability Discrimination, Kevin Timpe
University Faculty Publications and Creative Works
In the lead-up to the passing of the Americans with Disabilities Act (“ADA”), religious institutions and organizations lobbied to be exempt. Because they were successful in securing an exemption to most of the ADA’s requirements, religious private schools maintain the legal right to refuse admission to disabled students or to fail to give them various legal protections. After considering the arguments given in its favor, the paper critiques this exemption on moral grounds. It then suggests that these considerations should lead to a reexamination of the legal right such schools have to discriminate against disabled individuals, especially in those cases …
Religious Liberty, Public Accommodations, And Non-Discrimination: A Rapidly Emerging Injustice,
2025
Chapman University
Religious Liberty, Public Accommodations, And Non-Discrimination: A Rapidly Emerging Injustice, Gordon Babst
Political Science Faculty Books and Book Chapters
The decision in Burwell v. Hobby Lobby Stores, Inc., suggested to many that the scope of religious liberty was in a principled, logical way expanded to include free expression rights of corporate entities. It is concerning that many champion the decision as a basis for expanding religious exemptions to non-discrimination law as regards public accommodations, especially since the same reasoning that is being used with respect to the contemporary target of discrimination based in religious belief—American citizens who happen to be in a sexual minority—would apply by analogy, as it once did explicitly, to racial minorities. Unfortunately, given the …
Foundations Of The Right Of Charitable Uses,
2025
The Catholic University of America, Columbus School of Law
Foundations Of The Right Of Charitable Uses, Adam J. Macleod, Mark David Hall
Scholarly Articles
In recent years, municipalities around the United States have enacted ordinances that prohibit or restrict food-sharing in public places. These ordinances make it difficult for charitable souls to share food with those most in need. In one case, a town in Arizona arrested a woman under an ordinance that prohibits sharing food in public for charitable purposes.
The closest analogs to these laws are the English anti-almsgiving acts of the fourteenth and sixteenth centuries. One must look that far back in history because infringements of the right of charitable uses of property are exceedingly rare. Indeed, throughout the history of …
Agreeing To Disagree: Abortion Jurisprudence In Jewish And Islamic Law,
2025
University of Colorado School of Law
Agreeing To Disagree: Abortion Jurisprudence In Jewish And Islamic Law, Rabea Benhalim
Publications
This Article challenges the prevailing perception that religious people and religious legal traditions are anti-abortion. While this may be true within certain conservative Christian perspectives, this perception is an inaccurate representation of Jewish and Muslim Americans and their respective legal traditions. Both the Jewish and Islamic legal traditions offer a range of nuanced positions on abortion. Furthermore, diverse opinions of Jewish and Islamic abortion jurisprudence inform a variety of topics salient to the current legal debate in the United States. This range of opinions includes strict limitations on abortion, circumstantial legality, and general permissibility. Scholars from both traditions engaged in …
Religious Freedom And The Fertilized Egg,
2025
University of Colorado Law School
Religious Freedom And The Fertilized Egg, Rabea N. Benhalim
Publications
Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian ideologies that full personhood occurs at fertilization. Litigation has primarily arisen out of wrongful death suits and divorce proceedings, wherein a party either has destroyed or seeks to dispose of frozen blastocysts. Some legislatures now seek to regulate the treatment of IVF fertilized eggs vis-á-vis legislation, as politicians increasingly seek to ban any destruction of human fertilized eggs by legally defining human life as beginning at fertilization. However, the question …
Religion In Public Schools: Constitutional Revolution In Action,
2024
Harvard Law School
Religion In Public Schools: Constitutional Revolution In Action, Noah R. Feldman
University of Cincinnati Law Review
No abstract provided.
Religious Beliefs, Unemployment Benefits, And Constitutional Choices: Flynn V. Maine Employment Security Commission,
2024
University of Maine School of Law
Religious Beliefs, Unemployment Benefits, And Constitutional Choices: Flynn V. Maine Employment Security Commission, Mary Ann Lynch
Maine Law Review
The last decade has seen a growing number of individuals adopt fundamentalist, "born-again" Christianity. For these people, religion requires more than observance of a sabbath, weekly services, or financial commitment. Fundamentalist religion often requires its adherents to spread their religious beliefs with missionary zeal. Religion may be a constant preoccupation and as such, is brought into the work place. Thus, there is potential for conflict between the needs and demands of employers and the exercise of one's religion. While the free exercise clause of the first amendment may not always provide protection for employees against employers' requirements, it nevertheless serves …
Corpus Linguistics At The U.S. Patent And Trademark Office,
2024
Brigham Young University Law School
Corpus Linguistics At The U.S. Patent And Trademark Office, Tabrez Y. Ebrahim
BYU Law Review
This Article examines the intersection of corpus linguistics and patent law. It introduces the foundations of corpus linguistics and its application to the law and advances the potential for its application to patent examination at the United States Patent and Trademark Office (USPTO). Historically, the disciplines of corpus linguistics and patent law did not intersect until scholars began to consider the application of corpus linguistics to patent litigation for interpretation of terms in patent claims. Interpretation of legal language provided by corpus linguistics and applied to patent examination at the USPTO has yet to be addressed and is a novel …
A Proxy For Piety: A Closer Look At Religious Cost In The Substantial Burden Inquiry,
2024
Fordham University School of Law
A Proxy For Piety: A Closer Look At Religious Cost In The Substantial Burden Inquiry, Philip Andrew B. Wines
Fordham Law Review Online
This Comment discusses whether the Establishment Clause and “religious question” doctrine prohibit courts from considering the subjective religious harm suffered by free exercise claimants when determining if laws impose a “substantial burden” on the claimant, as defined by the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA). It explores a dilemma that courts are presently facing. They must choose either to wade into constitutionally perilous theological debates to decide cases on their merits, or to defer to free exercise claimants on their own assertions of substantial burden and risk swallowing up the law …
Dejoyful Noise: Reimagining Title Vii Religious Accommodations In The Wake Of Groff V. Dejoy,
2024
Brooklyn Law School
Dejoyful Noise: Reimagining Title Vii Religious Accommodations In The Wake Of Groff V. Dejoy, Mikko Biana
Brooklyn Law Review
The prominence of religion in everyday life has dwindled in recent decades. The number of Americans who attend weekly religious services continues to decline, and wide swaths of the population now profess irreligion altogether. Despite this trend, constitutional mandates such as the Free Exercise and Establishment Clauses remind society that throughout history and into the present day, the relationship between religion and state has been and always will be ripe for discussion. The 2023 Supreme Court decision Groff v. DeJoy exemplifies this characterization. Prior to Groff, the Court primarily relied on a 1977 case, Trans World Airlines, Inc. v. Hardison, …
Statutory Religious Accommodation In Employment And The Problems Of Judicial Intent And Outcome,
2024
Texas A&M University School of Law
Statutory Religious Accommodation In Employment And The Problems Of Judicial Intent And Outcome, George Wright
Texas A&M Law Review
The Groff v. DeJoy case unhappily, but inevitably, generates a variety of realistically unresolvable fundamental problems in typical statutory religious accommodation cases. Perhaps even more important, though, are the unintended and perverse results of Groff’s placing a generally heavier burden of religious accommodation on employers. The Groff standard indeed incentivizes the bringing of more religious discrimination cases, and both the winning and losing of such cases by religious claimants. But our adversarial cultural circumstances, including the typical inseparability of religion, politics, and culture, crucially affect the actual, but unintended, results of judicial reforms. The Groff rule is likely to …
The Role Of Islam In The Prevention Of Suicide: An Analytical Study Of The Reasons Behind Suicide Prevention In Islam,
2024
Master of comparative jurisprudence program, Faculty of Shari'a, Jerash University, Jerash, Jordan.
The Role Of Islam In The Prevention Of Suicide: An Analytical Study Of The Reasons Behind Suicide Prevention In Islam, Hamza Hammad
An-Najah University Journal for Research - B (Humanities)
Objectives: The purpose of this research is to extrapolate and analyze the causes leading to suicide prevention in the Islamic religion, by deducing the relationship between the level of Islamic religiosity and mental health, specifically suicide, then extrapolating the factors or components that lead to suicide prevention in the Islamic religion, as well as analyzing the Islamic faith’s position on Suicide, then inferring the effect of belief in fate and destiny on psychological security and in reducing suicide. Methods: This study follows the inductive and analytical approach, based on extrapolating studies and statistics about suicide rates in the world as …
