Religion Law Commons^™

Speech And Exercise By Private Individuals And Organizations, Kent Greenawalt

Faculty Scholarship

A central issue about redundancy concerns how far the exercise of religion is simply a form of speech that is, and should be, constitutionally protected only to the extent that reaches speech generally. Insofar as a constitutional analysis leaves flexibility, we have questions about wise legislative choices. To consider these issues carefully, we need to have a sense of what counts as relevant speech and the exercise of religion. That is the focus of this article.

It addresses the basic categorization of what counts as “speech” for freedom of speech and what counts as religious exercise when each is engaged …

Is Korematsu Good Law?, Jamal Greene

Faculty Scholarship

In Trump v. Hawaii, the Supreme Court claimed to overrule its infamous Korematsu decision. This Essay argues that this claim is both empty and grotesque. It is empty because a decision to overrule a prior case is not meaningful unless it specifies which propositions the Court is disavowing. Korematsu stands for many propositions, not all of which are agreed upon, but the Hawaii Court underspecifies what it meant to overrule. The Court’s claim of overruling Korematsu is grotesque because its emptiness means to conceal its disturbing affinity with that case.

Peril And Possibility: Strikes, Rights, And Legal Change In The Era Of Trump, Kate Andrias

Faculty Scholarship

Thank you, I am delighted to be here. When Professor Fisk and the editors of the Journal asked if I would be willing to give the Feller Lecture this year, I did not hesitate for a moment. It goes without saying that, for a labor law professor, to give a lecture that commemorates David Feller is truly a special honor. While I never had the chance to meet him, his work as an advocate and scholar serves as an example for everyone in the field. I am grateful to the Journal and to the Feller family for the opportunity to …

Lady Justice Cannot Hear Your Prayers, Deborah Ogali

Fordham Law Review

The Islamic finance industry continues to grow quickly as the appetite for everything, from Sharia-compliant home mortgages and car loans to sophisticated financial products, increases. This growth has triggered an interest in sukuk, bond-like financial instruments. And while the international market for sukuk has long been dominated by foreign issuers and English law, the attraction of a niche market compatible with U.S. federal and international securities laws may propel increased participation by U.S. issuers and investors who wish to transact under U.S. federal and state laws. As with all Islamic financial products, sukuk transactions inherently pose a Sharia compliance risk. …

Charity Disparity: The Challenge Of Applying Religious Law On Zakāt In The United States, Ahmed E. Taha, Sohaib I. Khan

Northwestern Journal of Law & Social Policy

No abstract provided.

Respect The Non Intervention, Disrespect The Humanity, Uum Humairoh

Journal of Islamic Law Studies

The non-intervention means that the equal sovereign states shall not intervene in each other’s internal affairs. The non-intervention would be regarded as an equivalent of non-intervention. The countries have obligation to obey this term to avoid other country’s intervention. Sometimes, it brings positive impact to the country, meaning that the country can stand alone to handle any issues, internal or external.

However, as the time goes by, this issue of non-intervention has become debatable. ASEAN, regional organization in South East Asian, has used this term as basic prin- ciple to run the organizational function. ASEAN cannot be involved in the …

Making The Best Out Of The Worst: Utilizing Indonesia’S Existing Laws To Protect Asylum Seekers In Transit, Tanita Dhiyaan Rahmani

Journal of Islamic Law Studies

Being a party in the 1951 Convention on the Status Relating to Refugees and its 1967 Protocol is not an exclusive solution to legal protection of asylum seekers and refugees in Indonesia. Although the Government of Indonesia has not ratified both instruments, it has acknowledge the protection of asylum seekers and refugees under the People Consultative Assembly (MPR) Decree Number XVII Year 1998 and Law Number 37 year 1999 regarding Foreign Relations. A 2016 United Nations High Commissioner for Refugees reported that Indonesia has become a transit destination for more than 13,000 asylum seekers and refugees, including nearly 1,000 Rohing- …

Protecting Rohingya Refugees In Asean: The Contested Human Rights In The World Of Na- Tion-States, Nurul Azizah Zayzda

Journal of Islamic Law Studies

This paper departs from the concern that states’ policy towards refugees and asylum seekers around theworld has not necessarily encouraged a true meaning of refugee protection. Instead, the policy related to their situation has been founded on the ba- sis of states’ rights to accept asylum. In consequence, there have been always cases of refugees living in limbo, denied from protection or even deported to their home countries. The fact however needs to be not taken for granted, to be acknowledged as result of construction by wide range of actors; states, intergovernmental states, international non-governmental organizations, individuals, etc. This paper …

Building Peaceful Coexistence Between Rohingya Refugees And Buffer Com- Munities In Langsa City And East Aceh, Yulia Rina Wijaya

Journal of Islamic Law Studies

The arrival of Rohingya refugees in East Aceh in 2015 is different, in terms of num- ber and people’s response. From the first week to the beginning of the third month, aids flow in daily, piling up at government warehouses. So many people from the Langsa City and neighbouring areas come to see the refugees or offer helps. Sponta- neous social solidarity is evident out of collective memories of Tsunami disaster and spiritual connection. Impact of Rohingya refugees presence that receive humanitari- an aid from many local, national and international organizations which put refugees too special and full of aid …

Orientation Of Zakat As Humanitarian Assistance To Rohingya Refugees In Indonesia, Nur Mohamad Kasim, Mellisa Towadi

Journal of Islamic Law Studies

The aim of this writing, reviewing the existence of Zakat as humanitarian assistance can be allocated for the Rohingya refugees who are in Indonesia. Given zakat is of national income devoted to indigenous citizens. This writing is normative, is the principal legal study is conceived as norms or rules which apply, both Islamic Law and International Law. Moreover, the authors did a qualitative approach through the study of Islamic law and supported the chart data on Zakat nationally and internationally. In the conclusion showed, firstly, the Rohingya refugees stranded in Indonesia must be given humanitarian aid as well as …

The Plight Of Rohingya People In Bangladesh: Access To Justice And Human Rights Protection, Shyikh Mahdi

Journal of Islamic Law Studies

Bangladesh has a long history of hosting Rohingya from the Northern Rakhine State of Myanmar with the earliest arrivals recorded in 1948. The recent influxes occurred in last few years forced a large number of Rohingya to flee to Bangladesh in the wake of serious state repression in Myanmar. This huge influx of refugees without proper reception and attention from the Bangladeshi side caused severe humanitarian crisis; the appalling conditions of the refugee ghettos are gradually deteriorating. Desperate for their survival, the Rohingya people are infiltrating into various levels of socio-economic structures of Bangladesh without any proper plan/management policy. Often, …

Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier

Brigham Young University Education and Law Journal

No abstract provided.

Religion, Discrimination, And Government Funding: Enforcing Civil Rights Law After Masterpiece Cakeshop And Trinity Lutheran, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

A memorandum published by the Law, Rights, and Religion Project at Columbia Law School (formerly the Public Rights/Private Conscience Project) that clarifies the responsibility of state and local human rights agencies and commissions to robustly enforce civil rights laws — particularly in the context of government-funded social services — in the wake of the Supreme Court’s decisions in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trinity Lutheran Church of Columbia, Inc. v. Comer

Professor Katherine Franke Files Amicus Briefs On Religious Liberty Claims Raised In Federal Prosecutions Of Activists In Arizona Who Left Water And Food In Desert For Migrants, Elizabeth Boylan

Center for Gender & Sexuality Law

On November 13, 2018, Katherine Franke, Sulzbacher Professor of Law, Gender and Sexuality Studies at Columbia University, submitted amicus briefs on behalf of seven scholars of religious liberty law in two cases in which the federal government is prosecuting members of the Tucson-based group No More Deaths/No Más Muertes.

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …

The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge

William & Mary Bill of Rights Journal

No abstract provided.

Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett

Washington and Lee Law Review Online

In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that Christian political thought has protected liberty in every era of the church’s dramatic history. Along the way, I rebut critics—from the left and right—who urge that Christianity’s political influence has been unhelpful or harmful. I also seek to show that statements like “religion has no place in politics” are best understood as expressions of arbitrary bias.

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.

The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes

Washington and Lee Law Review Online

Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the biggest understatement in this entire symposium, notes that Professor Kent Greenawalt identified this as “a particularly significant, debatable, and highly complex problem.” Is it ever. I have a position that I will advance in this article, but I wish to acknowledge at the outset that …