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 …
Continuing The Constitutional Dialogue: A Discussion On Justice Stevens's Establishment Clause And Free Exercise Jurisprudence,
2015
Northwestern Pritzker School of Law
Continuing The Constitutional Dialogue: A Discussion On Justice Stevens's Establishment Clause And Free Exercise Jurisprudence, Alan Brownstein
Northwestern University Law Review
No abstract provided.
A Fixture On A Changing Court: Justice Stevens And The Establishment Clause,
2015
Northwestern Pritzker School of Law
A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky
Northwestern University Law Review
No abstract provided.
Doe V. Elmbrook School District And The Importance Of Refocusing Establishment Clause Jurisprudence,
2015
Northwestern Pritzker School of Law
Doe V. Elmbrook School District And The Importance Of Refocusing Establishment Clause Jurisprudence, Julie M. Karaba
Northwestern University Law Review
No abstract provided.
People Of The Book: Judaism’S Influence On American Legal Scholarship, My Journey From Judaism To Jewish Law,
2015
Nova Southeastern University - Shepard Broad College of Law
People Of The Book: Judaism’S Influence On American Legal Scholarship, My Journey From Judaism To Jewish Law, Donna Litman
Faculty Scholarship
My personal study of the Torah and the Talmud as an adult has enhanced my legal scholarship and helped shape my current thinking on legal theory. At the same time, my professional legal training and experience as a law professor has shaped my understanding of Judaism and provided a legal terminology and a lens by which to view the array of Jewish laws. A confluence of events helped shape my personal and professional journey.
'Mergens V. Westside Community Schools' At Twenty-Five And 'Christian Legal Society V. Martinez': From Live And Let Live To My Way Or The Highway?,
2015
University of Dayton
'Mergens V. Westside Community Schools' At Twenty-Five And 'Christian Legal Society V. Martinez': From Live And Let Live To My Way Or The Highway?, Charles J. Russo
Educational Leadership Faculty Publications
The United States Congress passed the Equal Access Act (EAA)1 and forwarded it to President Ronald W. Reagan, who signed it into law on August 11, 1984.2 The EAA was enacted in response to Widmar v. Vincent, 3 a 1980 Supreme Court case from higher education where the Justices ushered in a renaissance of sorts in religious liberty. In Widmar, treating religious expression as a subset of free speech,4 the Court ruled that officials at a state university in Missouri could not deny a Christian group access to institutional facilities so long as the university permitted other …
Baptizing O'Brien: Towards Intermediate Protection Of Religiously Motivated Expressive Conduct,
2015
Vanderbilt University Law School
Baptizing O'Brien: Towards Intermediate Protection Of Religiously Motivated Expressive Conduct, Daniel J. Hay
Vanderbilt Law Review
Despite the relative prominence of religious expression in society' and its elevated status in constitutional law, the Supreme Court has struggled to articulate a consistent standard of review for neutral, generally applicable laws that indirectly burden religious expression. Since the late nineteenth century, the Court has vacillated between a highly deferential belief-action dichotomy and a more searching (albeit selectively applied) compelling interest test. Currently, the Court embraces a hybrid categorical-rational basis standard that relies in part upon a highly criticized assumption that the political process will be solicitous of minority religious practice. This retreat to rational basis has subordinated religious …
Free Exercise For All: The Contraception Mandate Cases And The Role Of History In Extending Religious Protections To For-Profit Corporations, 48 J. Marshall L. Rev. 605 (2015),
2015
UIC School of Law
Free Exercise For All: The Contraception Mandate Cases And The Role Of History In Extending Religious Protections To For-Profit Corporations, 48 J. Marshall L. Rev. 605 (2015), Joseph Swee
UIC Law Review
No abstract provided.
