…at the behest of the government. But some resisted, surreptitiously or openly, and others have challenged closing orders in court. American courts, including the Supreme Court, have produced conflicting opinions…
“Who Arbitrates? Arbitrator Qualification Clauses in Religious Arbitration Agreements” by Michael A. Helfand
…constitute arbitration.” In addition, this sort of lack of neutrality might also support a court’s refusal to enforce an arbitration provision on unconscionability grounds. Finally, courts can vacate an arbitration…
“Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies” by Michael Welker and John Witte, Jr.
…Emory University. Recommended Citation Welker, Michael and John Witte, Jr. “Character Formation, Ethical Education, and the Communication of Values in Late Modern Pluralistic Societies.” Canopy Forum, September 10, 2020. https://canopyforum.org/2020/09/10/character-formation-ethical-education-and-the-communication-of-values-in-late-modern-pluralistic-societies/…
“Contemporary Homeschooling: Black Children’s Best Interests, Freedom from Religion, and Anti-Racism” by Cheryl Fields-Smith and Andrea L. Dennis
…promote their children’s interests, and their reasoning finds support in United States Supreme Court decisions. In cases concerning families and children, the Court’s rulings repeatedly note that parents are obligated…
“Martin Luther King, Jr, and the Cost of the Law” by Major G. Coleman
…the Supreme Court, at least most of the time, when it is deciding constitutional cases is a political organ.” Posner warned of the danger of substituting the ideas of elites,…
“Jirgas: Rogue Agents of Conflict Resolution” by Jo Chitlik
…of Sharia Courts. Sharia Courts operate with established procedures, highly specialized qadis (Sharia judges), and use fiqh (Islamic jurisprudence). Their rulings are based on specific legal texts and court precedents,…
“Justifiable Limitations Upon Freedom of Religion and Belief in Australia’s Draft Human Rights Bill: Lessons from the New Zealand Bill of Rights Act 1990” by P. T. Babie
…to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. But more importantly, New Zealand’s courts, including its highest court, the Supreme…
“The Revolution in Freedoms of Press and Speech” by Wendell Bird
…the royal courts. That is what raised alarm in the British ministry and the courts, and in turn led Blackstone, Mansfield, and other crown-appointed judges to try to stem that…
“Why Suffer the Children? Overcoming Christian Opposition to Children’s Rights” by John Witte, Jr.
…family law courts and child welfare officials. Courts usually hold for a child over the parents’ objections when the child’s life or limb is in danger. This strikes me as…
“The Blessings of Liberty: Human Rights and Religious Freedom in the Western Legal Tradition” by John Witte Jr.
…and tax benefits in education. Questions about religion and education have provided the most active laboratory for Supreme Court religious-freedom jurisprudence and have produced many of the Court’s strongest opinions…