Download or read book The Georgetown Law Journal written by and published by . This book was released on 1980 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Religious Freedom Reporter written by and published by . This book was released on 1998 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Can Courts be Bulwarks of Democracy written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Download or read book Foreordained Failure written by Steven Douglas Smith and published by Oxford University Press, USA. This book was released on 1999 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In Foreordained Failure, Smith argues that efforts to find a principle of religious freedom in the "original meaning" are futile, but not because the original meaning is irrecoverable. The difficulty is that the religion clauses were not originally intended to approve any principle or right of religious freedom. Rather, the clauses were purely jurisdictional in nature; they were intended to do nothing more than confirm that authority over questions of religion remained with the states. This work will be of great interest to law scholars, lawyers, judges, and other readers concerned with the subject of religious freedom.

Download or read book First Amendment Institutions written by Paul Horwitz and published by Harvard University Press. This book was released on 2013-01-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.

Download or read book Religious Courts in the Jurisprudence of the European Court of Human Rights written by Michał Rynkowski and published by BRILL. This book was released on 2019-09-02 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.

Download or read book Compendium of the Social Doctrine of the Church written by Catholic Church. Pontificium Consilium de Iustitia et Pace and published by Veritas Co. Ltd.. This book was released on 2005 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Brown V Clark written by and published by . This book was released on 1992 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Law Review written by and published by . This book was released on 1984 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Zipes V Trans World Airlines Inc written by and published by . This book was released on 1982 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Working with Customary Justice Systems written by Erica Harper and published by . This book was released on 2011 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.

Download or read book Journal of Dispute Resolution written by and published by . This book was released on 2007 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Negotiating State and Non State Law written by Michael A. Helfand and published by Cambridge University Press. This book was released on 2015-07-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Download or read book Why the Haves Come Out Ahead written by Marc Galanter and published by Quid Pro Books. This book was released on 2014-09-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced “repeat players” and inexperienced “one shotters” in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actor’s frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the “majestic equality” of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American society. He provides a penetrating analysis of the limitations and possibilities of courts as the source and engine of large-scale social change. Galanter’s influential article is now available in a convenient, affordable, and assignable book (in print and ebooks), with a new introduction by the author that explains the origins and aftermath of the original work. In addition, it features his 2006 article applying the original thesis to real-world dilemmas in legal structure and consequence today. The collection also adds a new Foreword by Shauhin Talesh of the University of California-Irvine and a new Afterword by Robert Gordon of Stanford. As Gordon points out, “The great contribution of the article was that it went well beyond local and contingent political explanations to locate obstacles to social reform and redistributive policies in the institutional structure of the legal system itself.” Gordon details ways in which Galanter’s prophesies have come true and even worsened over four decades. Talesh catalogs the article’s place in legal lore: “seminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy.” Talesh introduces how repeat players gain advantages in the legal system and how “Galanter set out an important agenda for legal scholars, sociologists, political scientists, and economists. In short, “every law and legal studies student should be required to read the article because it contextualizes the procedural system as something more than a set of rules that should be memorized and mechanically applied.” A powerful new addition to the Classics of Law & Society Series by Quid Pro Books. Features active contents, linked notes, active URLs, and linked Index.

Download or read book The Spirit of Classical Canon Law written by R. H. Helmholz and published by University of Georgia Press. This book was released on 2010-05-01 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: ---Ecclesiastical Law Review --

Download or read book The Lustre of Our Country written by John T. Noonan Jr. and published by Univ of California Press. This book was released on 1998-06-26 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Notable Book This remarkable work offers a fresh approach to a freedom that is often taken for granted in the United States, yet is one of the strongest and proudest elements of American culture: religious freedom. In this compellingly written, distinctively personal book, Judge John T. Noonan asserts that freedom of religion, as James Madison conceived it, is an American invention previously unknown to any nation on earth. The Lustre of Our Country demonstrates how the idea of religious liberty is central to the American experience and to American influence around the world. Noonan's original book is a history of the idea of religious liberty and its relationship with the law. He begins with an intellectual autobiography, describing his own religious and legal training. After setting the stage with autobiography, Noonan turns to history, with each chapter written in a new voice. One chapter takes the form of a catechism (questions and answers), presenting the history of the idea of religious freedom in Christianity and the American colonies. Another chapter on James Madison argues that Madison's support of religious freedom was not purely secular but rather the outcome of his own religious beliefs. A fictional sister of Alexis de Toqueville writes, contrary to her brother's work, that the U.S. government is very closely tied to religion. Other chapters offer straightforward considerations of constitutional law. Throughout the book, Noonan shows how the free exercise of religion led to profound changes in American law—he discusses abolition, temperance, and civil rights—and how the legal notion of religious liberty influenced revolutionary France, Japan, and Russia, as well as the Catholic Church during Vatican II. The Lustre of Our Country is a celebration of religious freedom—a personal and profound statement on what the author considers America's greatest moral contribution to the world.

Download or read book Navajo Courts and Navajo Common Law written by Raymond Darrel Austin and published by U of Minnesota Press. This book was released on 2009 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.