Download or read book Mack V O Leary written by and published by . This book was released on 1988 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book From the Bottom Up written by Kent Greenawalt and published by Oxford University Press. This book was released on 2016-05-02 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kent Greenawalt's From the Bottom Up constitutes a collection of articles and essays written over the last five decades of his career. They cover a wide range of topics, many of which address ties between political and moral philosophy and what the law does and should provide. A broad general theme is that in all these domains, what really is the wisest approach to difficult circumstances often depends on the particular issues involved and their context. Both judges and scholars too often rely on abstract general formulations to provide answers. A notable example in political philosophy was the suggestion of the great and careful scholar, John Rawls, that laws should be based exclusively on public reason. The essays explain that given uncertainty of what people perceive as the line between public reason and their religion convictions, the inability of public reason to resolve some difficulty questions, such as what we owe to higher animals, and the feeling of many that their religious understanding should count, urging exclusive reliance on public reason is not a viable approach. Other essays show similar problems with asserted bases for legal interpretations and the content of provisions such as the First Amendment.
Download or read book Free Exercise of Religion and the United States Constitution written by Mark P. Strasser and published by Routledge. This book was released on 2018-02-28 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the protections that have been afforded to a variety of religious practices. Regrettably, the Court has not offered a principled and consistent account of which religious practices are protected or even how to decide whether a particular practice is protected, which has resulted in similar cases being treated dissimilarly. Further, the Court’s free exercise jurisprudence has been used to provide guidance in interpreting federal statutory protections, which is making matters even more chaotic. This book attempts to clarify what the Court has said in the hopes that it will contribute to the development of a more consistent and principled jurisprudence that respects the rights of the religious and the non-religious.
Download or read book Women and Human Development written by Martha C. Nussbaum and published by Cambridge University Press. This book was released on 2000 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Martha Nussbaum proposes a kind of feminism that is genuinely international.
Download or read book Religious Liberty Protection Act of 1998 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1999 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religious Liberty Protection Act of 1998 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2000 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religious Liberty written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2000 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Army Lawyer written by and published by . This book was released on 2013-02 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religion in Politics written by Michael J. Perry and published by Oxford University Press. This book was released on 1999-01-21 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Americans are religious believers. Among these there is disagreement about many fundamental religious/moral matters. Because the United States is both such a religious country and such a religiously pluralistic country, the issue of the proper role of religion in politics is extremely important to political debate. In Religion in Politics, Michael Perry addresses a fundamental question: what role may religious arguments play, if any, either in public debate about what political choices to make or as a basis of political choice? He is principally concerned with political choices that ban or otherwise disfavor one or another sort of human conduct based on the view that the conduct is immoral. He divides the controversy into two debates: the constitutionally proper role of religious arguments in politics, and a related, but distinct, debate about the morally proper role. Perry concludes that political choices about the morality of human conduct should not be based on religion. The newest work by one of the most important constitutional theorists writing today, Religion in Politics is sure to spark a new debate on the subject.
Download or read book Dickinson Law Review written by and published by . This book was released on 1986 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religion and the Constitution Volume 1 written by Kent Greenawalt and published by Princeton University Press. This book was released on 2009-01-10 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.
Download or read book Obligations of Citizenship and Demands of Faith written by Nancy L. Rosenblum and published by Princeton University Press. This book was released on 2021-04-13 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the many challenges facing liberal democracy, none is as powerful and pervasive today as those posed by religion. These are the challenges taken up in Obligations of Citizenship and Demands of Faith, an exploration of the place of religion in contemporary public life. The essays in this volume suggest that two important shifts have altered the balance between the competing obligations of citizenship and faith: the growth of religious pluralism and the escalating calls of religious groups for some measure of autonomy or recognition from democratic majorities. The authors--political theorists, philosophers, legal scholars, and social scientists--collectively argue that more room should be made for religion in today's democratic societies. Though they advocate different ways of carving out and justifying the proper bounds of "church and state" in pluralist democracies, they all write from within democratic theory and share the aim of democratic accommodation of religion. Alert to national differences in political circumstances and the particularities of constitutional and legal systems, these contributors consider the question of religious accommodation from the standpoint of institutional practices and law as well as that of normative theory. Unique in its interdisciplinary approach and comparative focus, this volume makes a timely and much-needed intervention in current debates about religion and politics. The contributors are Nancy L. Rosenblum, Alan Wolfe, Ronald Thiemann, Michael McConnell, Graham Walker, Amy Gutmann, Kent Greenawalt, Aviam Soifer, Harry Hirsch, Gary Jacobsohn, Yael Tamir, Martha Nussbaum, and Carol Weisbrod.
Download or read book Municipal Liability written by Fontana and published by Aspen Publishers Online. This book was released on 2006-11-13 with total page 3248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a new two-volume Third Edition, Municipal Liability: Law and Practice provides insightful analysis of the civil rights statutesand—such as Sections 1981, 1982, and 1983and—and the essential Supreme Court cases, plus fully up-to-date explanations on how the courts are expanding or limiting plaintiffsand’ rights against municipalities and their public officials. It gives you clear and thorough discussions on how to establish causes of action and assert defenses, who carries the burden of proof, procedural concerns, the particular factors that different courts look for to determine liability, attorneysand’ fees, damages and much more. Potential civil rights violations by municipalities covered in this two volume resource include: E-Mail in the Workplace Fully grasp the balance between employee privacy rights and employer surveillance rights. The Electronic Communications Privacy Act (ECPA), The Wiretap Act, and The Stored Communications Act are all examined. Sample access and disclosure forms are included. Employment Discrimination Youand’ll find out how to bring an actionand—and defend against oneand— for claims under Title VII (including a detailed discussion of sexual harassment claims); The Civil Rights Act of 1991; the Age Discrimination in Employment Act (ADEA); and the Americans with Disabilities Act (ADA). Plus, several state anti-discrimination laws are discussed to illustrate new developments you need to know. First Amendment Issues Topics include about the impact on First Amendment issues involving freedom of speech, limitations on use of public property, freedom of religion, restrictions on the advertising of alcohol and cigarettes on public ways; and more. Municipal Zoning Topics include establishments that provide adult education; video arcades; the use of building moratoria to slow down development; and liability arising out of the failure to issue a building permit or properly inspect a facility before issuing a certificate of occupancy. Police Misconduct Topics include liability for police officers, supervisors and municipalities; how to show illegal searches, excessive use of force and other violations;malicious prosecution, prisonersand’ rights and freedoms; exhausting state remedies; and more.
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 Land Use Institute Planning Regulation Litigation Eminent Domain and Compensation written by and published by . This book was released on 2007 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Young V State of Illinois written by and published by . This book was released on 1996 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religious Liberty in America written by Louis Fisher and published by . This book was released on 2002 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often assumed that the judiciary—especially the Supreme Court—provides the best protection of our religious freedom. Louis Fisher, however, argues that only on occasion does the Court lead the charge for minority rights. More likely it is seen pulling up the rear. By contrast, Congress frequently acts to protect religious groups by exempting them from general laws on taxation, social security, military service, labor, and countless other statutes. Indeed, legislative action on behalf of religious freedom is an American success story, but one that renowned constitutional authority Fisher argues has been poorly understood by most of us. Taking in the full span of American history, Fisher demonstrates that over the course of two centuries of American government Congress has often been in the forefront of establishing and protecting rights that have been neglected, denied, or unrecognized by the Court-and that statutory provisions far outstrip, in both number and importance, the court cases that have expanded religious rights. In this concise and insightful book, Fisher presents a series of important case studies that explain how Supreme Court rulings on religious liberty have been challenged and countermanded by public pressures, legislation, and independent state action. He tells how religious groups interested in securing the rights of conscientious objectors received satisfaction by taking their cases to Congress, not the courts; how public uproar over a 1940 Supreme Court ruling sustaining compulsory flag-salutes resulted in a court reversal; and how Congress intervened in a 1986 ruling upholding a military prohibition of skullcaps for Jews. By describing other controversies such as school prayer, Indian religious freedom, the religious use of peyote, and statutory exemptions for religious organizations, Fisher convincingly demonstrates that we must understand the political and not just the judicial context for the safeguards that protect religious minorities. As this book shows, the origin and growth of an individual's right to believe or not believe—and the securing of that right—has occurred almost entirely outside the courtroom. Religious Liberty in America persuasively challenges judicial supremacists on church-state issues and provides a highly readable introduction for all students and citizens concerned with their right to believe as they wish.
