Religion & Law

Recent Articles and Books of Interest

By Howard M. Friedman

• Richard W. Garnett, Judicial Enforcement of the Establishment Clause, (Constitutional Commentary, Forthcoming).
• Abner Greene, Three Theories of Religious Equality...and of Exemptions, (Texas Law Review, Vol. 87, No. 963, 2009).
• Simon Butt, Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the Courts, (in Indonesia: Law and Society, T. Lindsey, ed., Federation Press, 2008).
• Thomas Charles Berg, Religious-School Financing and Educational Pluralism in the American Tradition, (Rivista Antonianum, 2009).
• Gregory A. Kalscheur, Conscience and Citizenship: The Primacy of Conscience for Catholics in Public Life, (Journal of Catholic Social Thought, Vol. 6, No. 2, Summer 2009).
• Jessica Knouse, From Identity Politics to Ideology Politics, (Utah Law Review, Forthcoming).
• Michael Kent Curtis, Be Careful What You Wish For: Gays, Dueling High School T-Shirts, and the Perils of Suppression, (Wake Forest Law Review, Forthcoming).
• Nelson Tebbe, Excluding Religion: A Reply, (University of Pennsylvania Law Review, Vol. 157, 2009).

From Bepress:

• Rahma Hersi, A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems, (Cornell Law School Graduate Student Papers Series, Paper 29, April 2009).

From SmartCILP:

• Kyle Duncan, Misunderstanding Freedom from Religion: Two Cents on Madison's Three Pence, 9 Nevada Law Journal 32-62 (2008).
• Gene R. Nichol, Establishing Inequality, (Reviewing Martha C. Nussbaum, Liberty of Conscience: In Defense of America's Tradition of Religious Equality.) 107 Michigan Law Review 913-930 (2009).
• Bishop Thomas J.Paprocki, Address. Annual Meeting of the National Diocesan Attorneys Association, As the Pendulum Swings from Charitable Immunity to Bankruptcy, Bringing It to Rest with Charitable Viability, 48 Journal of Catholic Legal Studies 1-18 (2009).
• Joshua Foster, Prophets, Cartoons, and Legal Norms: Rethinking the United Nations Defamation of Religion Provisions, 48 Journal of Catholic Legal Studies 19-57 (2009).
• Harry G. Hutchison, Work, the Social Question, Progress and the Common Good? (Reviewing Recovering Self-Evident Truths: Catholic Perspectives on American Law, edited by Michael A. Scaperlanda and Teresa Stanton Collett), 48 Journal of Catholic Legal Studies 59-116 (2009).

Recent Books:

• Daniel O Conkle, Constitutional Law: The Religion Clauses, Second Edition, (Foundation Press, 2009), excerpts on SSRN.
• Steven P. Miller, Billy Graham and the Rise of the Republican South, (Univ. of Pennsylvania Press, March 2009), reviewed in the New York Times.

Full post as published by Religion Clause on May 11, 2009 (boomark / email).