Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, 2019 Mitchell Hamline School of Law
Searching The Legacy Of The Reformation For Lutheran Responses To Modern Family Law, Marie Failinger
This article builds upon historical work on changes in the law of marriage, divorce and the family after the Reformation, and describes how modern Lutheran theology, formed during the Reformation, evaluates modern trends in American family law. From the key Lutheran theological insight that God is creatively ordering human activity as a partner with human beings, the Lutheran tradition approaches issues such as no-fault divorce and same-sex marriage with both trust and challenge.
Administrative Power And Religious Liberty At The Supreme Court, 2019 The Catholic University of America, Columbus School of Law
Administrative Power And Religious Liberty At The Supreme Court, Mark L. Rienzi
Scholarly Articles and Other Contributions
The Supreme Court has recently seen an increase in the number of religious exercise cases in which the conflict was caused by an act of administrative power, rather than an act of legislative power. There are probably several reasons for this increase, including the growth, size, and flexibility of the administrative state, political convenience, and the fact that administrators tend to be specialists who may be unaware of or undervalue competing interests like religious liberty.
While the sheer size, reach, flexibility, and specialization of the administrative state means we will likely continue to see more religious exercise conflicts caused by ...
Reconciling The Ministerial Exception And Title Vii: Clarifying The Employer’S Burden For The Ministerial Exception, 2019 J.D. Washington University in St. Louis School of Law (2018)
Reconciling The Ministerial Exception And Title Vii: Clarifying The Employer’S Burden For The Ministerial Exception, Amy Dygert
Washington University Journal of Law & Policy
This note considers the consequences of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church and Sch. v. Equal Emp’t Opportunity Comm’n. In Hosanna-Tabor a unanimous Court declared the Constitution prevents federal non-discrimination law from being applied to “ministers.” However, the Court did not define the term minister. This note summarizes lower court decisions attempting to define this term. Building on these decisions the author proposes a three-prong test for determining whether a church employee should be classified as a minister.
The Religious Roots Of The Progressive Income Tax In America, 2019 The Catholic University of America, Columbus School of Law
The Religious Roots Of The Progressive Income Tax In America, Joshua Cutler
Catholic University Law Review
I examine the debate over the first peacetime income tax in the United States in 1894 to investigate the role of religion in enacting the tax and providing moral legitimacy. I find that congressional proponents repeatedly and explicitly argued that a progressive income tax was a biblical tax that best conformed to Judeo-Christian teachings on economics and fundraising. I discuss the history of American religious fundraising practices, including the trend leading up to 1894 that advocated for proportionate giving of income as the best method of giving, as well as the related tithing movement. I document that congressional income tax ...
Post Secularism And The Woman Question, 2019 Georgetown University Law Center
Post Secularism And The Woman Question, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
I will discuss the “woman question in post secularism” by offering my critique of Saba Mahmood’s book “Politics of Piety: The Islamic Revival and the Feminist Subject”. But before I do so, let me just state that I am a legal academic and I am not a reader of the field of anthropology. I am unfamiliar with the theoretic jargon of the discipline- even less so of the jargon of the subfield, anthropology of religion from which Politics of Piety hails. Each discipline is autonomous more so fields of study within each discipline. Those fields usually coalesce around a ...
Let My Arm Be Broken Off At The Elbow, 2019 University of Oklahoma College of Law
Let My Arm Be Broken Off At The Elbow, Chad J. Pomeroy
Oklahoma Law Review
No abstract provided.
Assessing Adler: The Weight Of Constitutional History And The Future Of Religious Freedom, 2019 Osgoode Hall Law School of York University
Assessing Adler: The Weight Of Constitutional History And The Future Of Religious Freedom, Benjamin Berger
Articles & Book Chapters
This article approaches Adler v. Ontario as a distinctively useful perch from which to survey the history and future of the constitutional interaction of law and religion. The case is positioned at a provocative place in the arc of the development of this interaction and the article uses the reasons in Adler to expose and explore some themes that shape not only our religion jurisprudence, but Canadian constitutionalism more generally. The article begins by examining what the majority's heavy reliance on religion's place in constitutional history suggests about the competing logics at work in Canadian constitutional life. That ...
Islam In The Mind Of American State Courts: 1960 To 2001, 2019 Mitchell Hamline School of Law
Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger
This project reviews how American state courts portrayed Islam and Muslims from 1960 until September 11, 2001. The purpose of this project is not to construct some overarching theoretical framework to explain American social and legal views of Islam and Muslims, though I will necessarily interpret what the cases say to some extent. Given the lengthy time period involved, the number of cases in which Muslims or Islam are referenced, and the fact that these cases come from many states, it seemed prudent to defer to others who have constructed critiques of the way American law as a whole has ...
Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, 2019 Cleveland-Marshall College of Law, Cleveland State University
Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir
Law Faculty Articles and Essays
In Obergefell v. Hodges, the Supreme Court closed the door on one issue only to open the floodgates to another. While recognizing a constitutional right for same-sex marriage, the Court also legitimized religious objections to such unions, practically inviting complex legal challenges to its doors. In doing so, the Court also called for an "open and searching debate" on the issue. This Article seeks to trigger such debate.
For millennia, objections to same-sex marriage were cast in religious and moral terms. The Jewish Bible ("Old Testament"), conventional wisdom argues, provided three demonstrable proofs of the Bible's abhorrence of same-sex ...
Ministerial Magic: Tax-Free Housing And Religious Employers, 2019 Elisabeth Haub School of Law at Pace University
Ministerial Magic: Tax-Free Housing And Religious Employers, Bridget J. Crawford, Emily Gold Waldman
Pace Law Faculty Publications
Religious organizations enjoy many of the same benefits that other non-profit organizations do. Churches, temples and mosques, for example, generally are exempt from local real estate taxes. Economically speaking, a tax exemption has the same effect as a subsidy; freedom from tax liability means that the organization can devote its financial resources to other activities. But where an exemption afforded to a religious employee is broader than the equivalent exemption available to a secular employee, a significant Establishment Clause concern is raised. The parsonage exemption of Internal Revenue Code Section 107 presents such an issue: ministers are permitted to exclude ...
Jews And The Culture Wars: Consensus And Dissensus In Jewish Religious Liberty Advocacy, 2018 Pepperdine University
Jews And The Culture Wars: Consensus And Dissensus In Jewish Religious Liberty Advocacy, Michael A. Helfand
Michael A Helfand
Helfand_From Doctrine To Devotion.Pdf, 2018 Pepperdine University
Helfand_From Doctrine To Devotion.Pdf, Michael A. Helfand
Michael A Helfand
No abstract provided.
Lady Justice Cannot Hear Your Prayers, 2018 Fordham University School of Law
Lady Justice Cannot Hear Your Prayers, Deborah Ogali
Fordham Law Review
The Islamic finance industry continues to grow quickly as the appetite for everything, from Sharia-compliant home mortgages and car loans to sophisticated financial products, increases. This growth has triggered an interest in sukuk, bond-like financial instruments. And while the international market for sukuk has long been dominated by foreign issuers and English law, the attraction of a niche market compatible with U.S. federal and international securities laws may propel increased participation by U.S. issuers and investors who wish to transact under U.S. federal and state laws. As with all Islamic financial products, sukuk transactions inherently pose a ...
Charity Disparity: The Challenge Of Applying Religious Law On Zakāt In The United States, 2018 Pepperdine University School of Law
Charity Disparity: The Challenge Of Applying Religious Law On Zakāt In The United States, Ahmed E. Taha, Sohaib I. Khan
Northwestern Journal of Law & Social Policy
No abstract provided.
Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, 2018 Brigham Young University Law School
Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier
Brigham Young University Education and Law Journal
No abstract provided.
Religious Liberty: Fundamental Right Or Nuisance, 2018 University of St. Thomas, Minnesota
Religious Liberty: Fundamental Right Or Nuisance, Vincent Martin Bonventre
University of St. Thomas Law Journal
No abstract provided.
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, 2018 Indiana University Maurer School of Law
We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman
Indiana Journal of Constitutional Design
In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these ...
The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, 2018 College of William & Mary Law School
The Religious Freedom Restoration Act At 25: A Quantitative Analysis Of The Interpretive Case Law, Lucien J. Dhooge
William & Mary Bill of Rights Journal
No abstract provided.
Church History, Liberty, And Political Morality: A Response To Professor Calhoun, 2018 Washington and Lee University School of Law
Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett
Washington and Lee Law Review Online
In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that Christian political thought has protected liberty in every era of the church’s dramatic history. Along the way, I rebut critics—from the left and right—who urge that Christianity’s political influence has been unhelpful or harmful. I also seek to show that statements like “religion has no place in politics” are best understood as expressions of arbitrary bias.
Voila! Taking The Judge Out Of Divorce, 2018 Seattle University School of Law
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Seattle University Law Review
This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.