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Breaking The Perceptions Of Islamic Monolithism, Dr. Fatemah Albader 2019 University of Miami Law School

Breaking The Perceptions Of Islamic Monolithism, Dr. Fatemah Albader

University of Miami International and Comparative Law Review

No abstract provided.


Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim 2019 Brooklyn Law School

Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim

Brooklyn Law Review

At first glance, religious courts, especially Sharia courts, seem incompatible with secular, democratic societies. Nevertheless, Jewish and Islamic courts operate in countries like the United States, England, and Israel. Scholarship on these religious courts has primarily focused on whether such religious legal pluralism promotes the value of religious freedom, and if so, whether these secular legal systems should accommodate the continued existence of these courts. This article shifts the inquiry to determine whether religious courts in these environments accommodate litigants’ popular opinions and the secular, procedural, and substantive justice norms of the country in which they are located. This article ...


Catholic Social Teaching And Neo-Abolitionism: Tearing Down The House Of The Rising Sun, Elizabeth M. Donovan 2019 Ave Maria School of Law

Catholic Social Teaching And Neo-Abolitionism: Tearing Down The House Of The Rising Sun, Elizabeth M. Donovan

Cleveland State Law Review

Catholic Social Teaching (“CST”) is the body of literature written in the modern era by papal and episcopal teachers in response to current political, economic, and social issues. CST views individuals in the sex trade as victims, however they arrived in the trade. Prostitution abolitionists, called neo-abolitionists, because their current efforts to wipe out sex trafficking and prostitution mirror similar efforts by reformers in the early twentieth century, also view individuals in the sex trade as victims. A coalition of feminists and Christians developed neo-abolitionist social policy during the late twentieth and early twenty-first century. CST and neo-abolitionist social policy ...


Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar 2019 Stanford Law School

Separate And Unequal: The Law Of "Domestic" And "International" Terrorism, Shirin Sinnar

Michigan Law Review

U.S. law differentiates between two categories of terrorism. “International terrorism” covers threats with a putative international nexus, even when they stem from U.S. citizens or residents acting only within the United States. “Domestic terrorism” applies to political violence thought to be purely domestic in its origin and intended impact. The law permits broader surveillance, wider criminal charges, and more punitive treatment for crimes labeled international terrorism. Law enforcement agencies frequently consider U.S. Muslims “international” threats even when they have scant foreign ties. As a result, they police and punish them more intensely than white nationalists and other ...


The Case Of The Religious Gay Blood Donor, Brian Soucek 2019 College of William & Mary Law School

The Case Of The Religious Gay Blood Donor, Brian Soucek

William & Mary Law Review

The Food and Drug Administration (FDA) prohibits sexually active gay men from donating blood. This Article envisions an original legal challenge to that rule: not the predictable equal protection suit, but a religious freedom claim brought by a gay man who wants to give blood as an act of charity. Because the FDA’s regulations substantially burden his exercise of religion—requiring a year of celibacy as its price—the FDA would be forced to show that its policy is the least restrictive means of preventing HIV transmission through the blood supply. Developments in testing technology and the experience of ...


Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo 2019 University Islam Malaysia

Wisdom (Hikmah) As Perceived By Iranian Muslim Scholars: Reflections On Ibn Sina, Ghazali, And Suhrawardi, Leyla H. Tajer, Amir H. Zekrgoo

Journal of Islamic and Middle Eastern Multidisciplinary Studies

The evolution of the concept of spiritual/religious wisdom (ḥikamt) by the Iranian Muslim philosophers from the 10th to 12th century, may be studied under three main trends namely Mashā’i (Peripatetic), Kalām (theology), and Ishrāq (Illumination). Despite the correlation among these trends each of them grew independently. Among the three, the Hikmat-i Ishrāq (Illumination Wisdom) which is also known as Ḥikamt-i Dhawqi (Intuitive Wisdom) of Shahab al-Din Suhrawardi (1153-1191) found a special place as it tended to bring together the philosophical and theological aspects of wisdom. This survey would address the development of ikmat (wisdom) among ...


The Church Abuse Scandal: Were Crimes Against Humanity Committed?, Dermot Groome 2019 Penn State Dickinson School of Law

The Church Abuse Scandal: Were Crimes Against Humanity Committed?, Dermot Groome

Dermot M Groome

Increasingly shocking revelations about sexual abuse by members of Catholic religious congregations and diocesan priests have recently raised the question of whether such widespread abuses constitute crimes against humanity. This paper considers that question in the context of a report issued by the Ryan Commission, an independent quasi-judicial commission that spent 10 years conducting detailed investigations into childcare institutions operated by Catholic religious congregations in Ireland. The Ryan Commission’s findings with respect to both widespread physical and sexual abuse provide a factual basis upon which to consider whether crimes against humanity were in fact committed. Contrasting the intentionality of ...


#Metoo Meets The Ministerial Exception: Sexual Harassment Claims By Clergy And The First Amendment's Religion Clauses, Ira C. Lupu, Robert W. Tuttle 2019 College of William & Mary Law School

#Metoo Meets The Ministerial Exception: Sexual Harassment Claims By Clergy And The First Amendment's Religion Clauses, Ira C. Lupu, Robert W. Tuttle

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson 2019 University of Pennsylvania Law School

Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson

Faculty Scholarship at Penn Law

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized ...


Christianity During Times Of Crisis: The European Refugee Movement, Kathryn Eckler 2019 William & Mary

Christianity During Times Of Crisis: The European Refugee Movement, Kathryn Eckler

Undergraduate Honors Theses

This thesis examines the lives of Iranian Christian refugees who have filed for religious asylum in Austria. Each chapter presents a different legal and political phase Iranian Christian converts face in transitioning from life in Iran to the European Union. At the first stage of their journey, Iranian Christian converts are forced to live under the Islamic Republic of Iran. Upon fleeing their country, Iranian Christian refugees must adapt to the asylum laws of the European Union and United Nations. Refugees then file for asylum in a European Union member state; this thesis focuses on refugees who have filed for ...


Devotion ̶T̶O̶ And The Rule Of Law: Acknowledging The Role Of Religious Values In Judicial Decision-Making, Priya Purohit 2019 Indiana University Maurer School of Law

Devotion ̶T̶O̶ And The Rule Of Law: Acknowledging The Role Of Religious Values In Judicial Decision-Making, Priya Purohit

Indiana Law Journal

This Comment advocates for the acknowledgment of religious values in judicial decision-making in three parts. Part I explores the role of religion in American politics, and more specifically, the role of religion in federal judicial confirmation hearings and state-level judicial elections. Membership to an institutionalized religion often performs an essential gatekeeping function when it comes to assessing the background or personal values of a candidate for political or judicial office. The initially positive role of religion in judicial selection processes suggests that the practice of refusing to acknowledge the role that religion likely already plays in judicial decision-making is wholly ...


Now, I'M Liberal, But To A Degree: An Essay On Debating Religious Liberty And Discrimination, Francis J. Beckwith 2019 Baylor University

Now, I'M Liberal, But To A Degree: An Essay On Debating Religious Liberty And Discrimination, Francis J. Beckwith

Cleveland State Law Review

This essay is a critical analysis of the book authored by John Corvino, Sherif Girgis, and Ryan T. Anderson, Debating Religious Liberty and Discrimination. The book offers two contrary views on how best to think about some of the conflicts that have arisen over religious liberty and anti-discrimination laws, e.g., Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 138 S. Ct. 1719 (2018). One position is defended by Corvino, and the other by Girgis and Anderson. After a brief discussion of the differing views of religious liberty throughout American history (including the American founding), this essay summarizes each ...


Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm McDermond 2019 Penn State Dickinson Law

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of ...


Interview Of Margaret Mcguinness, Ph.D., Margaret McGuinness Ph.D., Stephen Pierce 2019 La Salle University

Interview Of Margaret Mcguinness, Ph.D., Margaret Mcguinness Ph.D., Stephen Pierce

All Oral Histories

Dr. Margaret McGuinness was born in 1953, in Providence, Rhode Island. She went to an all-girls Catholic high school called St. Mary’s Academy Bayview in Providence where she graduated in 1971. McGuinness went on to major in American Studies and Civilization as an undergraduate at Boston University graduating with a B.A in 1975. She continued her work at Boston University where McGuinness earned a master’s of theological studies (M.T.S) focusing on Biblical and Historical Studies in 1979. She would move to New York to work on her dissertation at Union Theological Seminary finishing with her ...


The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin 2019 Montclair State University

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 ...


Explicit Bias, Jessica A. Clarke 2019 Vanderbilt University

Explicit Bias, Jessica A. Clarke

Jessica Clarke

In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality is implicit in cognition and seamlessly woven into social structures. And yet, obvious, explicit, and overt forms of bias have not gone away. The law does not need empirical methods to identify bias when it is marching down the street in Nazi regalia, hurling misogynist invective, or trading in anti-Muslim stereotypes. Official acceptance of such prejudices may be uniquely harmful in normalizing discrimination. But surprisingly, many discrimination cases ignore explicit bias. Courts ...


The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes 2019 Texas A&M University School of Law

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 2019 Texas A&M University School of Law

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 ...


Gender And Religious Dress At The European Court Of Human Rights: A Comparison Of Șahin V. Turkey And Arslan V. Turkey, Bronwyn Roantree 2019 Fordham University School of Law

Gender And Religious Dress At The European Court Of Human Rights: A Comparison Of Șahin V. Turkey And Arslan V. Turkey, Bronwyn Roantree

Fordham Law Review Online

This paper examines the regulation of the religious dress of men and women in two decisions by the European Court of Human Rights: Şahin v. Turkey and Arslan v. Turkey. In Şahin, the Court upheld a ban on the wearing of the Islamic headscarf, an article of clothing worn exclusively by women, at a public university. In Arslan, the Court rejected a ban on the wearing of a type of religious uniform worn only by men who were members of a politically subversive Islamic group. In both cases, the Court asserted that its decision was necessary to protect ...


At The Intersection Of Due Process And Equal Protection: Expanding The Range Of Protected Interests, Vincent J. Samar 2019 The Catholic University of America, Columbus School of Law

At The Intersection Of Due Process And Equal Protection: Expanding The Range Of Protected Interests, Vincent J. Samar

Catholic University Law Review

Are the Due Process and Equal Protection clauses interconnected? Justice Kennedy in Obergefell v. Hodges, the Supreme Court case holding the fundamental right to marry includes the right to a same-sex marriage, stated that they are profoundly connected in that each clause “may be instructive as to the meaning and reach of the other.” But exactly what instruction each doctrine might afford the other, Justice Kennedy did not say. An earlier Supreme Court decision, Plyler v. Doe, also suggested a connection, when the Court held unconstitutional a Texas statute baring funding for the education of undocumented children. But there too ...


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