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Litigating Religions
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Book Synopsis Litigating Religions by : Christopher McCrudden
Download or read book Litigating Religions written by Christopher McCrudden and published by Oxford University Press. This book was released on 2018 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights literature has tended to exclude religious foundations from the realm of human rights. This has led to a lack of progress which confuses our understanding of the relationship between human rights and religion: this book argues that by paying close attention to developments in human rights litigation we can make theoretical progress.
Book Synopsis Litigating Religions by : Christopher McCrudden
Download or read book Litigating Religions written by Christopher McCrudden and published by Oxford University Press. This book was released on 2018-01-19 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This book presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. Litigating Religions, an essay adapted by Christopher McCrudden from the Alberico Gentili Lectures given at the University of Macerata, Italy, examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights, in particular freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. Christopher McCrudden argues that, if we wish to establish a better dialogue between the contending views, we must address a set of recurring problems identifiable in such litigation. To address these problems requires changes both in human rights theory and in religious understandings.
Book Synopsis Religious Organizations and the Law by : William W. Bassett
Download or read book Religious Organizations and the Law written by William W. Bassett and published by . This book was released on 1997 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Litigating Religious Land Use Cases by : Daniel P. Dalton
Download or read book Litigating Religious Land Use Cases written by Daniel P. Dalton and published by American Bar Association. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition updates the case law related to RLUIPA claims through March 1, 2016. In addition, the book includes an analysis of claims that can be raised in addition to religious land use claims.
Book Synopsis Trumping Religion by : Steven P. Brown
Download or read book Trumping Religion written by Steven P. Brown and published by University of Alabama Press. This book was released on 2002-09-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first scholarly treatment of the strategies employed by the New Christian Right in litigating cases regarding religion Trumping Religion provides a detailed analysis of the five major public-interest law firms that have litigated religion cases in the federal courts between 1980 and 2000. Allied with several highly vocal, evangelical ministries, such as those of Jerry Falwell and Pat Robinson, these legal organizations argue that religious expression is a form of protected speech and thereby gain a greater latitude of interpretation in the courts. The long-term agenda of the New Christian Right as illuminated by this study is to shape church-state jurisprudence in a way that permits free course for the Christian gospel. Steven P. Brown presents his research and conclusions from a balanced viewpoint. In filling a distinct void in the literature, this book will be of considerable interest to political scientists, legal scholars, law schools and seminaries, and anyone concerned with the intersection of religion and judicial politics.
Book Synopsis Law and Religion, Cases and Materials by : LESLIE C.. SEIDEL GRIFFIN (ANDREW L.)
Download or read book Law and Religion, Cases and Materials written by LESLIE C.. SEIDEL GRIFFIN (ANDREW L.) and published by Foundation Press. This book was released on 2022-08-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition adds a new author. Andrew L. Seidel is a constitutional attorney that has spent a decade litigating religion clause cases. He''s author of The Founding Myth: Why Christian Nationalism Is Un-American and American Crusade: How the Supreme Court Is Weaponizing Religious Freedom and Vice President of Strategic Communications at Americans United for Separation of Church and State. This edition was updated to include important new Supreme Court cases on state funding of churches and the religious freedom issues associated with COVID. The fifth edition continues the book''s interdisciplinary approach to law and religion, its student-friendly notes and questions, and its inclusion of numerous non-Supreme Court cases from a variety of state, federal, and international courts. The chapters highlight the impact of the Court''s most recent cases on the subject matter of law and religion. 1. Free Exercise of Religion identifies the ever-increasing diversity of American religion versus non-religion. It includes United States v. Seeger, as a lead conscientious objection case explaining what the Court means by "religion." 2. Introduction to Establishment includes the Court''s decision upholding government-sponsored prayer in Town of Greece v. Galloway, and asks how Establishment Clause jurisprudence has changed since Galloway. 3. What is an Establishment of Religion? examines establishment precedents about religious symbols and monuments, public funding of religion, and religious speech. The chapter includes the American Legion case upholding the peace cross on public property. It focuses on the Court''s recent approaches to the funding of religion in Trinity Lutheran Church v. Pauley, Espinoza v. Montana, and Carson v. Makin. 4. Constitutional and Statutory Protection of Free Exercise provides extensive coverage of the Court''s free exercise case, Smith, and its interpretation in Fulton v. Philadelphia, which upheld religious freedom to discriminate against LGBTQ parents. It then reviews the Court''s RFRA decisions, RLUIPA cases, and the new law about religion and COVID. 5. Conscience, Complicity, and Conscientious Objection relates Hobby Lobby to the Court''s order searching a compromise between religious nonprofits and the government in Zubik v. Burwell, and the expansion of the contraceptive mandate in Little Sisters of the Poor. This chapter explores military, medical, and legal conscientious objection and analyzes the increasing number of complicity claims faced by courts hearing RFRA cases. It also includes the case of Kim Davis, the Kentucky clerk who refused to issue marriage licenses to same-sex couples. 6. Conflicts between Individual and Institutional Religious Freedom explores the Court''s increasing protection of institutional over individual religious freedom by looking at three topics: church property disputes, employment discrimination, and torts. The employment discrimination section includes an overview of Title VII''s religious discrimination provisions and the Court''s decision interpreting them in EEOC v. Abercrombie and Fitch. The chapter also explores in detail the repercussions of Hosanna-Tabor v. EEOC, and the new ministerial exception case, Morrissey-Berru, to see what freedom religions enjoy in the employment setting. 7. Comparative Religious Freedom includes cases from other countries that parallel the subjects already studied in earlier chapters of the casebook. A section on religious garb, including a Turkish case about hijab bans, recalls Abercrombie. A section on blasphemy connects to the free (religious) speech jurisprudence. Conscience receives extensive treatment because it has become so important in U.S. law. Chapter 8 includes Bayatyan v. Armenia, in which the European Court of Human Rights recognized a religious freedom right to military conscientious objection for a Jehovah''s Witness who objected to military service. It also presents a British case similar in reasoning to the Kentucky clerk''s case, Miller v. Davis. And it introduces a case that has been described as "Australia''s Hobby Lobby." Thus we consider the role of religious exemptions in international law. 8. Religion and Politics focuses on same-sex marriage, exploring the role that presidents'' and justices'' religion played in the marriage equality discussion. The majority opinion and dissents from Obergefell v. Hodges are highlighted; all the justices'' opinions referred to religion. The tax section includes the constant debates about tax law''s restrictions on political activity. 9. Teaching about Religion and Science includes efforts to add religion classes and remove evolution from public schools. 10. The Old and New Law of Religion contrasts the Court''s treatment of the traditional Amish faith in Yoder with updated information about the Nones'' religious identity and political activity. The Nones are the fastest-growing "religious" group in the United States.
Book Synopsis Law, Religion, and Health in the United States by : Holly Fernandez Lynch
Download or read book Law, Religion, and Health in the United States written by Holly Fernandez Lynch and published by Cambridge University Press. This book was released on 2017-07-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.
Book Synopsis Reactions to the Law by Minority Religions by : Eileen Barker
Download or read book Reactions to the Law by Minority Religions written by Eileen Barker and published by Routledge. This book was released on 2020-12-30 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of religion and the law, new religious movements, minority religions and the sociology of religion.
Book Synopsis Religious Property Disputes and the Law by : Daniel P. Dalton
Download or read book Religious Property Disputes and the Law written by Daniel P. Dalton and published by . This book was released on 2022-05-02 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nationally recognized litigator, Daniel P. Dalton, shares expert insights on litigating three types of religious property disputes. This information will be valuable for religious organizations and their counsel.
Book Synopsis The Culture of Conservative Christian Litigation by : Hans J. Hacker
Download or read book The Culture of Conservative Christian Litigation written by Hans J. Hacker and published by Rowman & Littlefield. This book was released on 2005 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, conservative Christian public law firms have been some of the most active and aggressive litigators in the nation. Their efforts have impacted important policy areas including religion in the Public Square, school prayer, gay rights, 'family values' and abortion policy. But the Fundamentalist Christian/Evangelical social movement is not monolithic. In this probing and judicious work, Hacker explores and clarifies the influence of ideology on the goals and behavior of three leading conservative Christian law firms and how they differ in agendas and approach. He provides rich interview narratives that shed light on interest group behavior and how it is influenced by internal group characteristics.
Book Synopsis The Church and Employment Law by : John Duddington
Download or read book The Church and Employment Law written by John Duddington and published by Taylor & Francis. This book was released on 2022-12-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative perspective, it evaluates the case law on the employment status of Christian and non-Christian clergy and assesses whether this shows any coherent theme or line of development. The work also considers the issue of ministerial employment status against the background of the autonomy of churches and other religious bodies from the State, together with their ecclesiology. The book will be of interest to academics and researchers working in the areas of law and religion, employment law and religious studies, together with both legal practitioners and human resources practitioners in these areas.
Book Synopsis Redeeming Law by : Michael P. Schutt
Download or read book Redeeming Law written by Michael P. Schutt and published by ReadHowYouWant.com. This book was released on 2009-12 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: BEING A CHRISTIAN LAWYER IS POSSIBLE, BUT NOT EASY. Law professor Michael Schutt believes that Christians belong in the legal profession and should regard it as a sacred calling. Schutt offers this book as a vital resource for reconceiving the theoretical foundations of law and gives practical guidance for maintaining integrity within a challenging profession. A hopeful and practical book for law students and those serving in the legal profession.
Book Synopsis Post-Liberal Religious Liberty by : Joel Harrison
Download or read book Post-Liberal Religious Liberty written by Joel Harrison and published by Cambridge University Press. This book was released on 2020-07-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
Book Synopsis God vs. the Gavel by : Marci A. Hamilton
Download or read book God vs. the Gavel written by Marci A. Hamilton and published by Cambridge University Press. This book was released on 2005-05-30 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.
Book Synopsis Legal Problems of Religious and Private Schools by : Ralph D. Mawdsley
Download or read book Legal Problems of Religious and Private Schools written by Ralph D. Mawdsley and published by . This book was released on 2012 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Litigating in the Courts of Heaven by : Carrie Betton-anthony
Download or read book Litigating in the Courts of Heaven written by Carrie Betton-anthony and published by . This book was released on 2023-02-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Religion and Royal Justice in Early Modern France by : Diane C. Margolf
Download or read book Religion and Royal Justice in Early Modern France written by Diane C. Margolf and published by Penn State Press. This book was released on 2003-12-25 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diane Margolf looks at the Paris Chambre de l’Edit in this well-researched study about the special royal law court that adjudicated disputes between French Huguenots and the Catholics. Using archival records of the court’s criminal cases, Margolf analyzes the connections to three major issues in early modern French and European history: religious conflict and coexistence, the growing claims of the French crown to define and maintain order, and competing concepts of community and identity in the French state and society. Based on previously unexplored archival materials, Margolf examines the court through a cultural lens and offers portraits of ordinary men and women who were litigants before the court, and the magistrates who heard their cases.
