Religion Law Commons^™

Lawyers Serving Gods, Visible And Invisible, Jonathan R. Cohen

UF Law Faculty Publications

A critique of the American legal profession can be framed through the metaphor of idolatry, specifically the proclivity of lawyers to serve visible rather than invisible interests in their work. This proclivity has ramifications ranging from broad matters like lawyers' responses to deeply embedded social injustices to specific matters such as the excessive focus on pecuniary interests in ordinary legal representation and the high level of dissatisfaction that many lawyers experience in their careers. Using as a lens biblical teaching concerning idolatry, this article begins by describing "visible" as opposed to "invisible" interests in the context of legal practice. It …

Congressional Authorization Of The Campaign Against Isil, Tyler Salway

Indiana Law Journal

I. THE BIRTH OF ISIL

II. CONGRESSIONAL AUTHORIZATION

A. EXPRESS AUTHORIZATION

1. METHODS OF INCLUSION

2. ISIL’S INCLUSION UNDER THE 9/11 AUMF

B. IMPLICIT AUTHORIZATION

III. ISIL AND THE TRUMP PRESIDENCY

CONCLUSION

Shades Of Theology In Suits Affecting The Parent-Child Relationship: A Tribute Honoring The Memory Of Professor Joseph W. Mcknight, Dr. Beverly Caro Dureus

SMU Law Review

No abstract provided.

Martyrdom And Religious Freedom, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

The Religious And Ideological Freedom Of Teachers In The English Legal Framework: Is The Balance Between Collective And Individual Rights Appropriate?, Javier Garcia Oliva, Diana Ginn

Articles, Book Chapters, & Popular Press

How does the current legal framework safeguard the rights of teachers to religious and ideological freedom, whilst at the same time protecting the collective rights of school communities to provide an educational context aligned to identified values and principles? How does the law seek to find a resolution or accommodation where there is a clear conflict?

Religious Freedom In Canada: A Crucible For Constitutionalism, Benjamin Berger

Articles & Book Chapters

This article examines three axes around which contemporary Canadian debates on freedom of religion are turning: the status and protection of group and collective religious interests; the emergence – and instability – of state neutrality as the governing ideal in the management of religious difference; and the treatment of Indigenous religion. Each is discussed as a key thematic and doctrinal development emerging from recent activity in the freedom of religion jurisprudence in Canada. Each is also an instance, the article suggests, of religion doing its particularly effective work of exposing the fundamental tensions and dynamics in Canadian constitutionalism more generally.

Liberal Constitutionalism And The Unsettling Of The Secular, Benjamin Berger

Articles & Book Chapters

This chapter argues that certain features of our constitutional theories and practices have been more dependent than we have heretofore acknowledged on an implicit faith in the character and success of secularism. An assumption about the “secular” nature of the social world has lent certain resources to liberal constitutional theory and made possible particular ideas about the nature of contemporary constitutionalism. Yet the conviction that our political and social lives can be satisfyingly described as secular has been seriously destabilized by experience and theory alike. A simple faith in secularism thus unsettled, certain gaps or shortcomings in prevailing accounts of …

Prophesy, Public Theology, And Questions Of Justice: Some Modest Reflections, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.

Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments, Richard D. Komer

Mitchell Hamline Law Review

No abstract provided.

Religious Arguments, Religious Purposes, And The Gay And Lesbian Rights Cases, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Commerce, Religion, And The Rule Of Law, Nathan B. Oman

Faculty Publications

The rule of law and religion can act as commercial substitutes. Both can create the trust required for material prosperity. The rule of law simplifies social interactions, turning people into formal legal agents and generating a map of society that the state can observe and control, thus credibly committing to the enforcement of the legal rights demanded by impersonal markets. Religion, in contrast, embraces complex social identities. Within these communities, economic actors can monitor and sanction misbehavior. Both approaches have benefits and problems. The rule of law allows for trade among strangers, fostering peaceful pluralism. However, law breeds what Montesquieu …

Removing State Constitution Badges Of Inferiority, Allan W. Vestal

Lewis & Clark Law Review

Our state constitutions contain archaic, ineffective, and unnecessary provisions that assign badges of inferiority to some citizens. Using Thomas Jefferson’s standard for when constitutional imperfections justify amendment, this Article identifies two groups of clauses. The first are provisions that were substantially exclusionary as enacted and relate to unconstitutional practices. Included are provisions relating to religious tests for public office, segregated schools, bars to marriage equality, and religious tests for witness competency. The second group are provisions that were symbolically exclusionary as enacted and are redolent of a prejudiced history. Examples involve the use of gendered language, clauses which make inappropriate …

Chained Against Her Will: What A Get Means For Women Under Jewish Law, Michelle Kariyeva

Touro Law Review

No abstract provided.

A Reformed Liberalism: Michael Mcconnell’S Contributions To Christian Jurisprudence, Nathan Chapman

Scholarly Works

Michael McConnell is one of the most influential constitutional scholars of the past thirty years. He has written a great deal about religious liberty, but relatively little about how his own religious beliefs may relate to his constitutional jurisprudence. This essay is the first to explore the connection between McConnell’s religious views and scholarship. The essay engages with a short piece by McConnell that sketches the outlines of a “reformed liberalism.” McConnell argued that reformed Christian theology is compatible with the classical liberalism that animated the framing of the U.S. Constitution. Though he did not develop this account into a …

Insubstantial Burdens, Chad Flanders

All Faculty Scholarship

In order to win a claim under the Religious Freedom Restoration Act (or “RFRA”), you have to show that your religious beliefs have been “substantially burdened” by a governmental law or practice. In her dissent to Hobby Lobby, Justice Ginsburg accused the majority of taking an approach to defining “substantial burden” that abdicated the judicial role in determining what a substantial burden was. In her dissent to the denial of cert in the Wheaton case, Sotomayor advanced the same line. “I do not doubt that Wheaton genuinely believes that signing the self-certification form is contrary to its religious beliefs,” she …

Towards Establishing Parenthood By Agreement In Jewish Law, Yehezkel Hezi Margalit

American University Journal of Gender, Social Policy & the Law

No abstract provided.

In (Partial) Praise Of (Some) Compromise: Comments On Tebbe, Chad Flanders

All Faculty Scholarship

I want to begin by sketching a point of view that, at best, makes only an implicit showing in Tebbe's persuasive, thoughtful, and challenging book. That viewpoint looks something like this:2 religion is unique, not just in substance but also in form. Start with substance: religion is a way of looking at the world as not exhausted by secular values or concerns; for money, prestige, or for "utility" broadly construed, or even exhausted by morality. Religion asks, repeatedly of those who believe in it, to do seemingly impossible things. It counts on miracles. Religion sees the world and our lives, …

The Pre-History Of Subsidiarity In Leo Xiii, Michael P. Moreland

Faculty Publications

No abstract provided.

Mutual Tolerance And Sensible Exemptions, Kent Greenawalt

Faculty Scholarship

This chapter focuses on three general themes that bear on the need to understand one another in society and how that understanding bears on appropriate exemptions relating to abortions and same-sex marriage, two questions that continue to divide the American people.

First, there is a need for mutual tolerance toward others who see things differently. Second, a great deal in life is not subject to rational answers. Third, people should generally not be required to do directly what they believe is deeply wrong. However, society can work only if people do not refuse to help those who, they believe, have …

Religious Freedom, Human Rights, And Peaceful Coexistence, Leslie C. Griffin

Scholarly Works

At the Second Vatican Council, Fr. John Courtney Murray, S.J., persuaded the Catholic Church to abandon its long, and absolute, opposition to the separation of church and state. He brought a new concept of religious freedom to the Catholic Church. In honor of Murray, this essay looks at several current ways “religious freedom” harms individual rights.

The article describes the ministerial exception, which gives religious organizations the right to dismiss many employment discrimination lawsuits brought against them. It studies women’s right to contraceptive access, which has long been opposed by the Catholic hierarchy, and where employers have earned a legal …