Foreign And Religious Family Law: Comity, Contract, And The Constitution,
2015
Pepperdine University
Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin
Pepperdine Law Review
The article focuses on role of the U.S. courts in confronting religious laws in dispute resolution of various cases of domestic relations, contracts, and torts. Topics discussed include role of secular courts in maintaining constitutional balance between the free exercise and establishment clauses, constitutional challenges faced by religious adherents, and importance of legal pluralism in the U.S.
Rethinking The “Religious-Question” Doctrine,
2015
Pepperdine University
Rethinking The “Religious-Question” Doctrine, Christopher C. Lund
Pepperdine Law Review
The “religious question” doctrine is a well-known and commonly accepted notion about the First Amendment’s Religion Clauses. The general idea is that, in our system of separated church and state, courts do not decide religious questions. And from this premise, many things flow — including the idea that courts must dismiss otherwise justiciable controversies when they would require courts to resolve religious questions. Yet a vexing thought arises. The religious-question doctrine traditionally comes out of a notion that secular courts cannot resolve metaphysical or theological issues. But when one looks at the cases that courts have been dismissing pursuant to …
Religious Tribunals And Secular Courts: Navigating Power And Powerlessness,
2015
Pepperdine University
Religious Tribunals And Secular Courts: Navigating Power And Powerlessness, Michelle Greenberg-Kobrin
Pepperdine Law Review
In this article, the author discusses the ways such as common law, and contracts employed by religious systems for navigating their relationship with legal systems of secular states. Topics discussed include the role of religious contracts in helping religious systems negotiate with secularism, the role of religious contracts in protecting autonomy of religious systems, and the structure of marriage and divorce in Jewish law.
Introduction: Religious Law In The 21st Century,
2015
Pepperdine University
Introduction: Religious Law In The 21st Century, Michael A. Helfand
Pepperdine Law Review
An introduction is presented in which the editor discusses various articles present in symposium including role of the U.S. courts in interpreting religious laws, practice of religious laws in secular states, and political, and legal structures of Jewish and Islamic identities.
Response: Situating Ourselves In History,
2015
Pepperdine University
Response: Situating Ourselves In History, Steven D. Smith
Pepperdine Law Review
The author presents his views on history of religious freedom incorporated in his Brandeis lecture and in the book "The Rise and Decline of American Religious Freedom." Topics discussed include hegemonic status of special protection to religious freedom for legal academics, role of ending religious freedom in providing protection to religious actors under other constitutional provisions like free speech, and impact of ending religious freedom on other freedom like freedom of association.
The End Of Religious Freedom: What Is At Stake?,
2015
Pepperdine University
The End Of Religious Freedom: What Is At Stake?, Nelson Tebbe
Pepperdine Law Review
In recent work, Steven Smith argues that the American tradition of religious freedom is newly imperiled and may even be nearing exhaustion. This Review puts to one side the substance of that argument and focuses instead on what the stakes might be, should it turn out to be correct. It concludes that the consequences would not be as severe as many people fear.
More “Vitiating Paradoxes”: A Response To Steven D. Smith,
2015
Pepperdine University
More “Vitiating Paradoxes”: A Response To Steven D. Smith, Paul Horwitz
Pepperdine Law Review
In this article, the author presents his views in response to the article The Last Chapter? by critic Steven D. Smith. Topics discussed include importance of critical legal studies (CLS) theory in reflecting political aspects of religious freedom, views of Smith in his book "The Rise and Decline of American Religious Freedom," and the relationship of egalitarianism with religious freedom.
Theorists, Get Over Yourselves: A Response To Steven D. Smith,
2015
Pepperdine University
Theorists, Get Over Yourselves: A Response To Steven D. Smith, Andrew Koppelman
Pepperdine Law Review
In this article, the author presents his views in response to the article The Last Chapter? by critic of contemporary liberal theory Steven D. Smith in reference to his book "Defending American Religious Neutrality." Topics discussed include the political aspects associated with religious freedom, role of secularism in eroding religious freedom, and conflicts between religion and modern secular egalitarianism.
The Last Chapter?,
2015
Pepperdine University
The Last Chapter?, Steven D. Smith
Pepperdine Law Review
An essay is presented in which the author presents contrasting views of law professors at Stanford and Harvard University, Michael McConnell and Noah Feldman respectively on religious freedom. Topics discussed include requirement of special protection to religious freedom, protection of religious belief and expression under other constitutional provisions such as freedom of speech, and the failure of Obama Administration in providing special freedom of association to religious associations.
The Catholic Law School & Constitutional Self-Government,
2015
The Catholic University of America, Columbus School of Law
The Catholic Law School & Constitutional Self-Government, The Honorable Diarmuid F. O'Scannlain
Catholic University Law Review
Diarmuid F. O’Scannlain serves as a Circuit Judge of the United States Court of Appeals for the Ninth Circuit. This talk was delivered at the Columbus School of Law, The Catholic University of America on September 15, 2014 for the 2014 Brendan F. Brown Lecture and has been adapted and updated for this article format.
A Primer On Hobby Lobby: For-Profit Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rfra’S Scope, And The Nondelegation Doctrine,
2015
Pepperdine University
A Primer On Hobby Lobby: For-Profit Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rfra’S Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
Pepperdine Law Review
Earlier this term, the United States Supreme Court heard oral argument in the consolidated case of Hobby Lobby Stores, Inc. v. Sebelius, the first of a litany of cases in which for-profit business entities are invoking the Religious Freedom Restoration Act ("RFRA") in support of their claim that the Affordable Care Act’s HHS Mandate violates their freedom of religion. In particular, these plaintiffs argue that the Mandate’s requirement that employer-provided health insurance covers the costs of contraceptives, the "morning after" pill, and other fertility-related drugs conflicts with their deeply-held religious belief that life begins at conception and is, therefore, unconstitutional. …
Timeline Of Fr. Laurier Labreche, 1926-2015,
2015
University of New Mexico
Timeline Of Fr. Laurier Labreche, 1926-2015, Hall & Monagle, Llc
Timelines
No abstract provided.
The Crisis Of Secular Liberalism And The Constitutional State In Comparative Perspective: Religion, Rule Of Law, And Democratic Organization Of Religion Privileging States,
2015
Cornell University Law School
The Crisis Of Secular Liberalism And The Constitutional State In Comparative Perspective: Religion, Rule Of Law, And Democratic Organization Of Religion Privileging States, Larry Catá Backer
Cornell International Law Journal
No abstract provided.
Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor,
2015
William & Mary Law School
Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Roundtable Discussion: Opposition To Islamic And Jewish Religious Practices In Contemporary America: Overlap And Divergences, The Anti-Shari'a Movement In America,
2015
Emory University
Roundtable Discussion: Opposition To Islamic And Jewish Religious Practices In Contemporary America: Overlap And Divergences, The Anti-Shari'a Movement In America, Wajahat Ali, Lee Ann Bambach, Samuel Freedman
Chicago-Kent Law Review
No abstract provided.
Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society,
2015
Emory University School of Law
Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde
Chicago-Kent Law Review
This article discusses private arbitration in religious and values-oriented communities. Using contract law as the foundation for arbitration law, religious arbitration panels can function almost like courts so long as the government can assure basic fairness and proper procedures, while allowing the parties to resolve their private dispute as the parties wish. This article explains that to be enforced, these private courts must meet the procedural requirements set by the Federal Arbitration Act, but American arbitration law is not generally concerned with the substantive law used by these tribunals, although this article recommends practices that religious tribunals ought to adopt …
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America,
2015
University of Toronto
Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel
Chicago-Kent Law Review
The possibility that Muslims might use private arbitration as a forum in which their family law disputes could be settled according to the principles of Islamic law has generated substantial controversy, with one liberal democracy, Canada, even taking affirmative steps to insure that religious-based arbitration of family law disputes are denied legal recognition. This paper argues that such moves are ill-considered. From the perspective of political liberalism, the arbitration of family law disputes within a framework of religious law, provided that the arbitration is subject to review by a public court for conformity with public policy, is an ideal tool …
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards,
2015
Pepperdine University School of Law
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand
Chicago-Kent Law Review
This Article explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules, but treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards from judicial scrutiny even on procedural grounds, leaving courts …
Installations Of Jewish Law In Public Urban Space: An American Eruv Controversy,
2015
Stanford University
Installations Of Jewish Law In Public Urban Space: An American Eruv Controversy, Charlotte Elisheva Fonrobert
Chicago-Kent Law Review
This article analyzes the ongoing controversy over the installation of an eruv in Westhampton Beach. The author first provides an analytical description of the case with reference to other recent eruv controversies. Similar to arguments advanced in earlier eruv controversies, lawyers in the Westhampton case have taken recourse to the First Amendment, with proponents of the eruv relying on the free exercise clause, and opponents relying on the establishment clause. The article then proceeds to discuss the implications of this controversy for the larger issues of religion in the public sphere, as one of the critical issues emerging in all …
Operating Islamic Jurisprudence In Non-Muslim Jurisdictions: Traditional Islamic Precepts And Contemporary Controversies In The United States,
2015
University of Exeter
Operating Islamic Jurisprudence In Non-Muslim Jurisdictions: Traditional Islamic Precepts And Contemporary Controversies In The United States, Mustafa R. K. Baig
Chicago-Kent Law Review
With the recent public furor in the United States regarding “Shari‘a,” studies into the content of Islamic jurisprudence concerning Muslims living under non-Muslim jurisdiction are more pertinent than ever in the U.S. context. As “anti-Shari‘a” rhetoric has increased in fervency, informed input into the debates could go some way in correcting the peddled misconceptions. The paper begins by assessing how Muslim scholars viewed a Muslim’s travel to and residence in non-Muslim lands, and the obligation to abide by the laws of the land. It will focus on the jihad (siyar) section in Islamic jurisprudence and the section on …
