Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, 2018 SIT Study Abroad
Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David
Independent Study Project (ISP) Collection
This research aims to examine women’s divorce rights in Jordan examining the topic both through their legal rights as well as through the cultural challenges and stigma that divorced women face. The research is focused specifically on the rights of Muslim women, who have to file for divorce through the Shari’a court system, in Jordan that are Jordanian nationals. The literature used in the research provides background insight into Jordan’s tribal system, family law in Jordan, and psychological theories that relate to group therapy and self-efficacy in divorced women. The researcher hypothesizes that despite the many socio-economic ...
The Intertwined Existence Of Families And Religion, 2018 Brigham Young University Law School
The Intertwined Existence Of Families And Religion, L. Steven Brooks
Brigham Young University Journal of Public Law
No abstract provided.
From Eternity To Here: Divine Accommodation And The Lost Language Of Law, 2018 USC School of Law
From Eternity To Here: Divine Accommodation And The Lost Language Of Law, Nomi Stolzenberg
University of Southern California Legal Studies Working Paper Series
This paper asserts that the discourse of religious accommodation has stopped making sense, and that the reason it has stopped making sense is because our terminology (including such terms as "religion," "accommodation," and "secularism") is inherited from tradition of political theological discourse that has been forgotten: the theology of divine accommodation. The paper reconstructs the content of that tradition of political theology in broad strokes, arguing that the birthplace of secularism and the birthplace of liberalism both lie here and that, once we recognize that, a number of doctrinal and conceptual puzzles can be solved, including how to define religion ...
Humanitarian Islam, 2018 Rutgers University
Humanitarian Islam, Engy Abdelkader
Pace International Law Review
In the aftermath of mass shootings by violent extremists and amid increasing anti-Muslim prejudice and discrimination, many Muslim Americans have responded to these and other social, legal, and political developments with philanthropic initiatives inspired by orthodox Islamic teachings. This humanitarian impulse in Islam, which has shaped the religion since its founding, is relatively unknown to non-Muslim Americans. Humanitarian Islam is defined here in largely oppositional terms to so-called the “radical Islam.” In contrast to the violence, aggression, death, and destruction commonly associated with “radical Islam,” selfless volunteerism, benevolence, altruism, and charitable giving in service to others are characteristic of humanitarian ...
Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, 2018 Washington and Lee University School of Law
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
Washington and Lee Law Review Online
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.
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, 2018 Notre Dame Law School
The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders
Notre Dame Law Review
In Part I, this Note will examine a brief history of the proposed federal Blaine Amendment, and the subsequent adoption of many State Blaines across the nation. Next, in Part II, the Note will discuss why the State Blaines are frequently debated, specifically in the context of the issue of school choice. The Note will then examine two of the main arguments against the constitutionality of State Blaines—the animus arguments and the First Amendment arguments—and will examine the strengths and weaknesses of each argument. In Part III, the Note will discuss the culmination of recent caselaw in the ...
Law, Religion, And Health Care, 2018 University of California, Irvine School of Law
Law, Religion, And Health Care, David Orentlicher
UC Irvine Law Review
No abstract provided.
Religious Healing Exemptions And The Jurisprudential Gap Between Substantive Due Process And Free Exercise Rights, 2018 University of California, Irvine School of Law
Religious Healing Exemptions And The Jurisprudential Gap Between Substantive Due Process And Free Exercise Rights, Shaakirrah R. Sanders
UC Irvine Law Review
Religious healing parents have vexed state courts for almost a century. Religious healing is the belief that “prayer” or “spiritual means,” rather than modern medicine, can cure individuals. Adults and emancipated minors have the right to refuse medical treatment. Some states go further and grant religious healing parents a statutory exemption against criminal and civil actions for child endangerment, neglect, negligence, manslaughter, and even homicide. This Article identifies these types of exemptions as an issue of religious childrearing.
Religious healing exemptions demonstrate the difficulty delineating the line between childrearing rights of parents and the state’s duty to protect children ...
Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, 2018 University of Miami Law School
Searching For Spiritual Security: The Tangled Relationship Of The Russian Orthodox Church, The Russian State And Religious Freedom, June "Bonnie" M. Kelly
University of Miami International and Comparative Law Review
No abstract provided.
Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, 2018 James Madison University
Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway
Steven W Holloway
No abstract provided.
The Architecture Of Law: Building Law In The Classical Tradition, 2018 University of Oklahoma
The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall
Brian M McCall
Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, 2018 Cleveland-Marshall College of Law
Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson
Cleveland State Law Review
This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section ...
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, 2018 Becket Fund for Religious Liberty
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Stephanie H. Barclay, Mark L. Rienzi
Boston College Law Review
In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc., the notion that religious exemptions are dangerously out of step with norms of Constitutional jurisprudence has taken on a renewed popularity. Critics increasingly claim that religious exemptions, such as those available prior to Employment Division v. Smith and now available under the federal Religious Freedom Restoration Act (RFRA), are a threat to basic fairness, equality, and the rule of law. Under this view, exemptions create an anomalous private right to ignore laws that everyone else must obey, and such a scheme will ...
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, 2018 College of William & Mary Law School
Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas
William & Mary Journal of Race, Gender, and Social Justice
Turkey has much room for improvement regarding women’s education opportunities—particularly in eastern Anatolia. Despite the Turkish Republic’s outward secular appearance, Islamic law plays an increasingly important role in society. A potential solution to the government’s sluggish progress on gender equality may lie in the utilization of their religious directorate (Diyanet). The Diyanet could issue fatwas sympathetic to women’s rights, which may more effectively reach the conservative eastern Turkish population.
Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, 2018 J. Reuben Clark Law School, Brigham Young University
Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, Brett G. Scharffs
Notre Dame Law Review Online
It seems likely that change in Islam will be affected both by outside and internal sources, as was the case for the Catholic Church and its journey to Dignitatis Humanae. However, one thing the Catholic experience suggests is that meaningful and profound change does not simply come from outside pressures; it comes from authentic and sincere evaluation and interpretation by insiders of a religious tradition of that tradition itself. Thus, if Islam is going to come to embrace religious freedom as an important value, this will be the result, significantly if not primarily, of Muslims interpreting their own sacred texts ...
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, 2018 University of Miami School of Law
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Michigan Law Review Online
Trinity Lutheran Church, Inc. v. Comer is a significant setback for a strong separation of church and state. Missouri denied a playground grant to Trinity Lutheran because of a state constitutional provision that bans financial aid to churches. The church sued. The Supreme Court held not only that the Establishment Clause allowed the government to give taxpayer money to Trinity Lutheran, but that the Free Exercise Clause required it. The decision's many flaws are not the focus of this short Essay. Instead, this Essay dissects the Supreme Court's reasoning in order to apply it to current controversies in ...
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, 2018 Southern Methodist University
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker
Perkins Faculty Research and Special Events
Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.
For the sake of abolishing slavery, the Thirteenth Amendment says:
(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
(Section 2) Congress shall have power to enforce this article ...
How Would The European Court Of Human Rights Decide Holt V. Hobbs?, 2018 Notre Dame Law School
How Would The European Court Of Human Rights Decide Holt V. Hobbs?, Francesca M. Genova
Notre Dame Law Review Online
This Essay inquires: How would the ECtHR decide Holt v. Hobbs, given the same evidence provided at the district court level and the reasoning of the court of appeals? Analyzing this case through the ECtHR’s lens will elucidate the implications of the proportionality test in American jurisprudence. To do so, Part I will compare the two jurisdictions. Part II will summarize Holt v. Hobbs. Part III will describe the ECtHR’s relevant recent free exercise jurisprudence. Part IV will discuss how, based on this analysis, the ECtHR could decide Holt v. Hobbs in light of its overarching principles. Finally ...
Employment Division V. Smith And State Free Exercise Protections: Should State Courts Feel Obligated To Apply The Federal Standard In Adjudicating Alleged Violations Of Their State Free Exercise Clauses?, 2018 University of Notre Dame Law School
Employment Division V. Smith And State Free Exercise Protections: Should State Courts Feel Obligated To Apply The Federal Standard In Adjudicating Alleged Violations Of Their State Free Exercise Clauses?, Matthew Linnabary
Notre Dame Law Review Online
State courts should feel free to apply whatever test is most appropriate based on the textual provisions of their state constitution that protects the free exercise or worship of its citizens. Of course, such freedom to the state courts is greatly limited in many states by the passage of their own Religious Freedom Restoration Acts. These acts generally set forth precisely how the courts must determine whether or not a law violates the free exercise or worship of a claimant. Even if not limited by a RFRA—which would generally require strict scrutiny—a state court should apply strict scrutiny ...
Enemy And Ally: Religion In Loving V. Virginia And Beyond, 2018 Fox School of Business, Temple University
Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt
Fordham Law Review
Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims ...