Open Access. Powered by Scholars. Published by Universities.®

Religion Commons

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

Law

Keyword
Publication Year
Publication
File Type

Articles 1 - 30 of 142

Full-Text Articles in Religion

Preaching To The Court House And Judging In The Temple, Nathan B. Oman Sep 2019

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman Sep 2019

Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman

Nathan B. Oman

No abstract provided.


International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman Sep 2019

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman Sep 2019

Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman Sep 2019

Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman Sep 2019

Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson Sep 2019

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Nathan B. Oman

No abstract provided.


"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman Sep 2019

"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman

Nathan B. Oman

No abstract provided.


"Secret Combinations": A Legal Analysis, Nathan B. Oman Sep 2019

"Secret Combinations": A Legal Analysis, Nathan B. Oman

Nathan B. Oman

No abstract provided.


"Out Of Zion Shall Go Forth The Law", Nathan B. Oman Sep 2019

"Out Of Zion Shall Go Forth The Law", Nathan B. Oman

Nathan B. Oman

No abstract provided.


Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins Sep 2019

Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins

Neal E. Devins

No abstract provided.


God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas Sep 2019

God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas

Davison M. Douglas

In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this ...


Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas Sep 2019

Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas

Davison M. Douglas

No abstract provided.


The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin Mar 2019

The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin

Gabriel Rubin

Recent generations of young adults are experiencing a new life course stage: emerging adulthood. During this ‘new’ stage of the life course, traditional social bonds and turning points may not be present, may be delayed, or may not operate in the same manner as they have for prior generations. One such bond, religion, is examined here. Focusing on the United States, emerging adulthood is investigated as a distinct stage of the life course. The criminality of emerging adults is presented, a theoretical examination of the relationship between religion and crime is provided, the role of religion in emerging adults’ lives ...


The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes Mar 2019

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

Wayne R. Barnes

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 ...


Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes Mar 2019

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes

Wayne R. Barnes

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square—and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if ...


Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun Jan 2019

Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun

Samuel W. Calhoun

This Essay argues that it’s perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln’s opposition to slavery, shows that religion and politics have been continuously intermixed ever since the Founding. Part IV, emphasizing the Reverend Martin Luther King, Jr., argues that no other reasons justify barring faith-based arguments from the public square.


If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?, Samuel W. Calhoun Jan 2019

If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?, Samuel W. Calhoun

Samuel W. Calhoun

This Essay responds to comments by Wayne Barnes, Ian Huyett, and David Smolin on my prior Article, Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show It Was Never Intended to Separate Religion From Politics. Part II, although noting a few disagreements with Huyett and Smolin, principally argues that they strengthen the case for the appropriateness of religious arguments in the public square. Part III evaluates Wayne Barnes’s contention that Christian doctrine requires separating religion from politics.


Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway Jun 2018

Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway

Steven W Holloway

No abstract provided.


The Nature Of Nature: Concerning The Efficacy Of Natural Law Reasoning Dec 2017

The Nature Of Nature: Concerning The Efficacy Of Natural Law Reasoning

Thomas V. Gourlay

Recourse to natural law reasoning has long been a part of how Catholics and Christians engage in debates about issues of public and private morality with people and communities of people who do not share the Catholic/Christian faith. But with the rise of modernity, the scientific revolution, and the relative success of Charles Darwin's theory of evolution, many Catholics have begun to question traditional natural law reasoning. Some, including theorists like Germain Grisez, and John Finnis have sought to modify traditional natural law reasoning and continue to employ it within debates concerning public and private ethics, while others ...


Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson Dec 2016

Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson

Stephen E Henderson

In 1964, the comic world was introduced to its first physically disabled practicing attorney: Matt Murdock. Initially a proud graduate of "State College" and later more impressively pedigreed as a graduate of either Columbia or Harvard Law, Murdock supplemented his day job as attorney with a side of vigilante justice as Daredevil.

In 2003, Murdock became the only attorney superhero to appear as the title character in a movie. A truly awful movie, yes, but a movie all the same. And then in 2015, thanks to the talents of Drew Goddard, Murdock became the star of a terrific television series ...


Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress Feb 2016

Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress

Cynthia Burress

For a variety of reasons, Muslims in America are in the public spotlight. As a result, the demand for information and analysis on Muslims and Islam in the United States has risen. In an effort to provide a resource for academics, advocates, journalists, and others, we created this bibliography composed of over 230 books published between 1970 and 2015 focused on Muslims and Islam in the United States. We did not include books that focus primarily on Islam and/or Muslims outside of the United States. The bibliography is categorized by subject matter and chronologically with the most recent publications ...


Field Hospital: The Church's Engagement In Markets, Politics, And Conflict, William Cavanaugh Dec 2015

Field Hospital: The Church's Engagement In Markets, Politics, And Conflict, William Cavanaugh

William T. Cavanaugh

No abstract provided.


The Return Of The Christian Burial Speech Case, Phillip Johnson Dec 2015

The Return Of The Christian Burial Speech Case, Phillip Johnson

Phillip Johnson

No abstract provided.


A Dream Deferred, Ruth-Arlene W Howe Dec 2015

A Dream Deferred, Ruth-Arlene W Howe

Ruth-Arlene W. Howe

Presentation at the MLK Annual Unity Breakfast, Boston College, January 19, 2005.


Law's Religion: Rendering Culture, Benjamin L. Berger Sep 2015

Law's Religion: Rendering Culture, Benjamin L. Berger

Benjamin L. Berger

This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a ...


Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia Sep 2015

Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia

Ahmed E SOUAIAIA

Syria's civil war is on a path to world war. Should Russia, like the Friends of Syria, take part in the military action in Syria and Iraq, the region will enter a new phase that could change the geopolitics of the region. However, Russia' military build up could force a political solution for a crisis that is impacting all many countries around the world.


Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins Jun 2015

Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins

Christopher Tomlins

No abstract provided.


Greatness Thrust Upon Them - Class Biases In American Law, Robert E. Rodes Jr. Mar 2015

Greatness Thrust Upon Them - Class Biases In American Law, Robert E. Rodes Jr.

Robert Rodes

No abstract provided.


Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo Feb 2015

Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo

Charles J. Russo

No abstract provided.