Religion Law Commons^™

Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar

Brooklyn Law Review

Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …

Does The Ministerial Exception Protect A Minister's Humiliating Comments?, Yiting Feng

SLU Law Journal Online

The Seventh Circuit case of Demkovich v. St. Andrew the Apostle Parish applied the ministerial exception to bar a fired minister’s claim of a hostile work environment. In this article, Yiting Feng lists the reason why she disagrees with the majority opinion and leans towards the dissenting opinion.

An Extended Essay On Church Autonomy, Carl H. Esbeck

Faculty Publications

The doctrine of church autonomy has its own exclusive line of precedent running from Watson v. Jones (1872) through Kedroff v. St. Nicholas Cathedral (1952) - where the doctrine was first recognized as having First Amendment stature - and culminating with renewed vigor for religious institutional autonomy in the unanimous decision of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012). Attention to church autonomy has expanded rapidly since the Supreme Court’s decision in Hosanna-Tabor, and its scope is much disputed as it pushes aside other claims and interests. In its most familiar form—the “ministerial exception” - it is …

Why 9/11 Matters To Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed why 9/11 matters to Singapore. He opined that when it comes to countering the terrorist threat, civil society has an important role to play in strengthening inter-faith engagement and understanding.

A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar

Pepperdine Law Review

The world is currently experiencing an unprecedented displaced persons crisis. There are more than 70 million people worldwide who have been forcibly displaced from their homeland and are in search of a new country in which to settle. There is no international appetite to absorb these people. There is only one legal pathway by which displaced people can claim an entitlement to settle in another country. This is pursuant to the Refugee Convention. More than 140 countries including the United States are signatories to this convention. The difficulty experienced by displaced people is now particularly acute so far as entry …

Intellectual Property Through A Non-Western Lens: Patents In Islamic Law, Tabrez Y. Ebrahim

Georgia State University Law Review

The intersection of secular, Western intellectual property law and Islamic law is undertheorized in legal scholarship. Yet the nascent and developing non-Western law of one form of intellectual property—patents—in Islamic legal systems is profoundly important for transformational innovation and economic development initiatives of Muslim-majority countries that comprise nearly one-fifth of the world’s population.

Recent scholarship highlights the tensions of intellectual property in Islamic law because religious considerations in an Islamic society do not fully align with Western notions of patents. As Islamic legal systems have begun to embrace patents in recent decades, theories of patents have presented conceptual and theological …

Insulated From Justice? Religious Expulsion Before Canadian Courts In The Post-Highwood Era, Adam Schenk

Dalhousie Law Journal

Judicial consideration of religious disputes prompt concerns that the legal system may delve into issues of a spiritual nature that should enjoy some insulation from legal comment or intervention. These concerns are only heightened in instances where the dispute concerns the very serious issue of the expulsion of a member from their religious community. While necessary care is warranted in these sensitive circumstances, a blanket prohibition on legal intervention in instances of religious expulsion creates the possibility that a member of a religious community may experience the devastation of expulsion in an unfair and unjust manner. This paper, written prior …

A Case Against School Choice: Carson Ex Rel. O.C. V. Makin And The Future Of Maine's Nonsectarian Requirement, Blake E. Mccartney

Maine Law Review

School choice advocates, such as the nonprofit libertarian law firm, The Institute for Justice, have spent decades arguing that states violate the Free Exercise Clause when they exclude private religious schools from public programs that otherwise provide public dollars to non-religious private schools. Recently, in Espinoza v. Montana Department of Revenue, the Supreme Court effectively agreed with that sentiment. After this victory, the Institute for Justice returned to the state of Maine to represent three sets of parents in a renewed effort to defeat Maine’s nonsectarian requirement in federal court. Maine’s nonsectarian requirement provides that private religious schools may not …

Defending A Religious Institution Using The Charitable Immunity And Ecclesiastical Doctrine Defenses To Tort Liability, Michael M. Harrison

Arkansas Law Notes

Defense attorneys in Arkansas are, not infrequently, called upon to defend religious institutions from tort suits brought against them for a variety of reasons. Such claims may arise out of a motor vehicle accident involving a church bus, a slip and fall accident on church premises, a claim of sexual molestation on the part of a church employee, or another type of claim. In defending claims against religious institutions, it is imperative that the defense of charitable immunity and, where applicable, the Ecclesiastical doctrine, be raised in the first responsive pleading to the Complaint, be that an Answer and/or a …

State Complicity And Religious Extremism: Failing The Vulnerable Individual, Amos N. Guiora

Utah Law Faculty Scholarship

Religious extremism—especially when unhindered by the state—can result in unimaginable harm to individuals. That is not to suggest that the only extremism is religious extremism.

That would be patently incorrect and a profound misrepresentation of history; secular extremism - Communism, Fascism, Nazism, Pol Pot, Mao to name but the most obvious - has exacted an unimaginable price on hundreds of millions of people over the ages. While our examination will focus exclusively on religious extremism that is not intended - in any way - to minimize the extraordinary harm inflicted on innocent individuals by extremism not based on religion. To …

Nalar Mazhab Sosiologis Dalam Penemuan Hukum Yang Berkeadilan Oleh Hakim, Christiani Widowati, Herliana Herliana

Jurnal Hukum & Pembangunan

The issue of justice is a philosophical and contemporary issue. As a philosophical study, justice is examined from several schools of thoughts within the philosophy of law. This study focuses on the sociological jurisprudence discipline which basically states that law as a social norm which is inseparable from the values prevailing in a society because there is a close correlation between law and society. In relation to judicial authority, the denotation of justice in the judge's decision is that it should be in accordance with the law prevailing in the community. This research was conducted through the statute approach method …

Christianity, Human Rights, And Dignity: Squaring The Triangle, Brett Scharffs, Andrea Pin, Dmytro Vovk

BYU Law Review

No abstract provided.

Friends Of The Court: Christian Conservative Arguments On Human Dignity Before The U.S. Supreme Court And The European Court Of Human Rights, Pasquale Annicchino

BYU Law Review

No abstract provided.

Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov

BYU Law Review

No abstract provided.

The Rise And Fall Of Human Dignity, Nicholas Aroney

BYU Law Review

No abstract provided.

Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks

BYU Law Review

This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.

Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation's extension of original sin to the intellect left Catholicism as the primary …

Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison

BYU Law Review

No abstract provided.

Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni

BYU Law Review

No abstract provided.

Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor

BYU Law Review

No abstract provided.

Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter

BYU Law Review

No abstract provided.