bluuebunny/crossref_metadata_2025 huggingface dataset:
Church Property Disputes, Religious Freedom, and the Ordeal of African Methodists in Antebellum St. Louis:Farrar v. Finney(1855)
Authors: Volkman Lucas P.
Published: February 2016

In October 1846, the men and women of the African Methodist Episcopal Church in St. Louis (African Church) met to consider whether they would remain with the Methodist Episcopal Church (MEC) or align with the recently-formed Methodist Episcopal Church, South (MECS). Two years earlier, in 1844, amid growing conflict over the question of slavery within the national Methodist Church, its General Conference had adopted a Plan of Separation that provided for the withdrawal of the southern Methodists and the creation of their own ecclesiastical government. The Plan provided that each Border State congregation would have the right to determine for itself by a vote of the majority with which of the two churches it would affiliate.

After the southern conferences had organized the new MECS in May 1845, the trustees of the all-white Fourth Street Methodist Church (Fourth Street Church), whose quarterly conference exercised nominal authority over the African Church, informed the black congregants that they could retain their house of worship only if they voted to join the southern Methodists. Throwing caution to the wind, and putting at risk a decade-and-a-half of patient efforts to achieve formal congregational independence within the Methodist Church, the black congregants voted decisively, by a 110 to 7 margin, to remain affiliated with the Northern Conference.
Leadership From The Heart: One Tribe's Example
Authors: Hiers Rebecca H.
Published: February 2016

We live in an era of remarkable and wonderful technological advances. We also live in an era of tremendous economic, environmental and social upheaval. Given these circumstances, today's leaders must make decisions of overwhelming importance in a world that is changing rapidly.

In these confusing times, what values can our leaders look to as they try to address the many challenges that we face? Which values, if followed, are most likely to bring us the security and the happiness that we desire?

Those who came before us had to survive difficult times of their own, and their experiences shaped the ways in which they looked at the world. Each generation taught the next generation those perspectives and those strategies that had helped them be successful; and over the centuries and even millennia, this ancient wisdom became condensed into fundamental values. We may take it for granted, since our values are such an intrinsic part of our lifestyles, but one of the greatest gifts that our ancestors gave to us are these values—the collective wisdom of the ages.
A Plurality of Discontent: Legal Pluralism, Religious Adjudication and the State
Authors: Hofri-Winogradow Adam S.
Published: February 2016

The norms that the official legal systems of North American and European states apply do not derive directly from any religion. While some of those norms, such as some of the norms governing marriage, do originate, historically, in religion and religious law, no norms are today enforced by those legal systems because the norms are part of a specific religious legal order. And yet, adjudication according to religious norms is commonplace. In North America and Europe, the legal systems applying norms associated with specific religions to adherents of those religions are principally nonstate community tribunals. Outside this Northwestern world, state legal systems, particularly those of Muslim-majority jurisdictions, often permit religious normative materials to be applied to adherents of the relevant religions as a matter of state law. Both situations are examples of legal pluralism.

The popularity of the application of religious norms by state legal systems throughout much of the contemporary world raises a challenge for the Western assumption that state-enforced legality and expressly religious norms should stay apart. Can a modern state provide its citizens, residents and others subject to its power with ajustandstablelegal order by referring them to norms associated with their several religions and enforced by state courts?
Symposium Introduction: The Freedom of Religion and Belief Jurisprudence of the European Court of Human Rights: Legal, Moral, Political and Religious Perspectives
Authors: Scharffs Brett G.
Published: February 2016

During the past fifteen years, the European Court of Human Rights has been engaging seriously with the freedom of religion and belief under Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In many ways, the scope and ambition of the Court's jurisprudence has been breathtaking, especially when viewed from the United States; but many questions have begun to emerge about whether the Court has established an intellectual and conceptual architecture that is up to the task of dealing with the increasingly complex cases involving religious freedom that the Court is currently facing and will soon face. Accordingly, several sections of the Association of American Law Schools sponsored a program in January, 2010 entitled, “The Freedom of Religion and Belief Jurisprudence of the European Court of Human Rights: Legal, Moral, Political and Religious Perspectives.”
Individual and Group Religious Freedom in the European Court of Human Rights: Cracks in the Intellectual Architecture
Authors: Evans Carolyn
Published: February 2016

The Evolution of Religious Freedom in the European Court of Human Rights

Article 9 of the European Convention on Human Rights, which protects religious freedom, looked for many decades as though it was going to be effectively a dead letter. The European Court of Human Rights (“the Court”) did not find a violation of Article 9 until the case of Kokkinakis v. Greece which was decided only seventeen years ago, in 1993. Even after that seminal decision, religious freedom cases were still relatively rare for several years; in 2001, there had been fewer than thirty Court cases on Article 9. However, in the last decade the case law has expanded significantly; and from 2001 to 2010 there have been more than sixty additional cases. Thus, in a relatively short period, the Court has been pushed to develop a jurisprudence of religious freedom to deal with increasingly complex and controversial cases. As the case law has multiplied and the issues have diversified, however, it has become clear that the Court has not yet developed a sufficiently coherent and principled approach to this area. So far, its approach has proved of very limited utility to individuals making claims of religious freedom.

This is not to suggest that the Court has played no role in the protection of religious freedom in Europe. Indeed, in recent years, it has arguably played an increasingly positive role, particularly in cases involving group religious rights. However, this jurisprudence has not translated into greater protection for religious individuals in many instances.
Defining the Unspeakable: Incitement in HALAKHAH and Anglo-American Jurisprudence
Authors: Crane Jonathan K.
Published: February 2016

“What constitutes evil speech? Rabbah said: As when one says,

There is a fire burning in [the oven of] So-and-So's house.

Abbaye asked: But what harm does he do? He merely provides information.

Nevertheless, [said Rabbah,] such information may be uttered with intent to slander,

As though he were saying: where else would such a fire be burning

Except in the house of So-and-So, who has plenty of meat and fish?”

(BT ‘Arakhin 15b)

One significant challenge confronting any state legal system is defining what speech should be permitted, or, more precisely, what speech should and should not enjoy protection from governmental interference. While the parameters of freedom of speech have been shaped and reshaped over several centuries, Anglo-American jurisprudence has not yet fully defined one of the several categories of speech that is not—and should not be—protected from interference. This is the category of incitement. Jewish law (halakhah), too, has long wrestled with this category of speech and has yet to define its contours clearly. This paper explores how these two legal systems define this category of speech, whether their approaches are commensurable, and how each can benefit from nuances found in the other.
Church and State in the Early Republic: The Covenanters' Radical Critique
Authors: Emery Robert
Published: February 2016

Constitutional scholars pay particular attention to the historical context of the First Amendment, to the relationship between the state and religion in the early republic. Missing from this academic examination of church-state history, however, is any serious consideration of the views of the Reformed Presbyterian Church, popularly known as the Covenanters, views that challenged the fundamental presuppositions of the United States Constitution, both as established in the early national period and as applied today. A typical modern American, citizen or scholar, cannot help but be startled by a coherent, closely reasoned body of doctrine that trenchantly criticizes such fundamental American assumptions as government by consent of the governed or the free exercise of religion. Covenanter criticism of the church-state relations not only presents a model of church and state radically different from today's conventional American theories, but also throws light on the American paradigm as it existed during its developmental period. Reformed Presbyterians of the early republic criticized the federal Constitution from a world view so radically different from that of the founders that their criticisms highlight aspects of the generally accepted constitutional regime in ways that conventional constitutional scholars have scarcely considered.
Autonomy in Jewish Law—In Theory and in Practice
Authors: Resnicoff Steven H.
Published: February 2016

Individuals and communities play critical roles, both theoretically and practically, in the preservation and development of Jewish law. Some of these roles allow for considerable autonomy, at least if that term is understood as the employment of one's intellectual creativity and ethical judgment. Jewish law does not purport to micromanage all of a person's decisions. Quite the contrary, in many instances, it provides and encourages moral choice so that, in part, a person can become a moral agent rather than merely someone who does moral acts.

In Part I, we examine how the scope of autonomy is shaped by basic Jewish law axioms. For example, Jewish law assumes that the Pentateuch, also known as the “Written Torah” or “Written Law,” contains words which were communicated to humankind directly by God. Yet, unlike the approaches of some fundamentalist religions, Jewish law does not always construe these divine words literally. In fact, Jewish law authorities openly acknowledge that various Pentateuchal passages, taken by themselves, are incomplete, incomprehensible or at times ostensibly inconsistent. Jewish law assumes that God transmitted to humankind two interrelated bodies of teachings: one, the Pentateuch, was to be written down, and the other, known as the “Oral Torah” or the “Oral Law,” was to be transmitted from Teacher to Student. It is the Oral Torah that clarifies, resolves and supplements the Written Torah. Indeed, because the Oral Torah is necessary to understand the Torah, Jewish legal sources say that “the Oral Torah is the more important of the two.” Throughout this article, unless stated to the contrary, the term “Torah” refers to the Written Torah, the Oral Torah, or both, and the phrase “Torah Law” pertains to the laws that arise from the Torah.
Law, Religion and Human Dignity in the Muslim World Today: An Examination of OIC's Cairo Declaration of Human Rights
Authors: Abdullah al-Ahsan
Published: February 2016

Human dignity is the recognition and respect of human need, desire and expectation one individual by another. This recognition is indispensable because no human being survives alone: Human dignity creates the foundation of society and civilization. Our knowledge of history suggests that religious ideas have provided this basic foundation of civilization. Describing the first recognized civilization in history one historian says, “Religion permeated Sumerian civic life.” According to another historian, “Religion dominated, suffused, and inspired all features of Near Eastern society—law, kingship, art, and science.” Based on these observations while defining civilization Samuel Huntington asserts, “Religion is a central defining characteristic of civilizations.”

In Islam, the Qur’an declares that: “We have bestowed dignity on the progeny of Adam.” The verse then continues to remind the whole of mankind of God's special favor unto them with physical and intellectual abilities, natural resources and with superiority over most other creatures in the world. This dignity is bestowed through God's act of creating Adam and breathing into him His Own Spirit. Since all human beings originated from Adam and his spouse, every single human being possesses this dignity regardless of color, race, religion and tribe. The whole of mankind, as khalīfah (vice-resenf) is responsible for establishing peace on earth through divinely ordained values such as amānah (trust), ‘adālah (justice) and shūra (consultation).
“Taking Religion Seriously”? Human Rights andHijabin Europe— Some Problems of Adjudication
Authors: Cumper Peter , Lewis Tom
Published: February 2016

It is a view widely held amongst psychologists that human beings have a basic need to create a positive social identity for themselves, either as individuals or as members of a group. In this regard, choice of dress is likely to be particularly important. A person's clothes can reveal much about their identity, in relation to their gender, class, sexual orientation, and religious beliefs. Yet what an individual wears can also attract great controversy, as evidenced by the fact that, in Europe of late, there have been few issues more controversial than that of religious dress.

Today in towns and cities across Europe a significant proportion of Muslims—in particular Muslim females—have eschewed conventional western clothes in favor of garments (such as veils and headscarves) traditionally associated with Islam. With a new generation of “European Muslims” keen to cultivate a distinct identity for themselves as members of the continent's second largest religion, Islamic dress often has an “emblematic status” as a “powerful and overdetermined marker of difference.” Yet the right to wear religious dress varies significantly in Europe. In some countries there are clear restrictions on what can (or cannot) be worn in public (e.g., France and Turkey), whereas in other parts of the continent (e.g., the U.K.) young people are relatively free to wear the religious dress of their choice. Mindful of this state of affairs, the European Court of Human Rights has chosen to tread warily, letting governments retain considerable discretion in the field of religious dress. Consequently, states enjoy a wide “margin of appreciation” when determining whether their curbs on religious symbols or related garments are compatible with Article 9 of the European Convention on Human Rights (ECHR).
William Lloyd Garrison and the United States Constitution: The Political Evolution of an American Radical
Authors: Osborn Ronald
Published: February 2016

On August 6, 1824, William Lloyd Garrison, not yet twenty years old, penned a letter to the Salem Gazette opposing John Quincy Adams's bid for the presidency and endorsing the candidacy of a dedicated Georgian, United States Senator William Crawford. There is no mention in the document of the slavery issue and no hint that the young Garrison viewed the Constitution as anything less than a triumph of the founding fathers. The “high and exalted character” of the elections proved the Federalist Party “worthy of its great leader, the immortal WASHINGTON” and spread “vigor and strength throughout the political fabric of our constitution and government,” Garrison wrote. “It is peculiarly gratifying, too,” he declared,

to observe the dignified course pursued generally by the few sentinels of freedom, who advocate and uphold those principles, which were promulgated by the Father of his Country, and sanctioned by JAY and HAMILTON, and AMES, with a host of other distinguished patriots.

Garrison went on to stress the civic duty of voting, arguing that although no citizen was legally required to support any of the presidential candidates, reason “dictates that we should” so as not to upset “the peace of the Union.” Federalists should make pragmatic political choices, he wrote, and not squander their votes on ideal but unlikely candidates.
Child Custody in Jewish Law: From Authority of the Father to the Best Interest of the Child
Authors: Kaplan Yehiel S.
Published: February 2016

The understanding of Jewish law of the legal rationale of the relationship between parent and child developed gradually. In the first stage, in ancient Jewish law, the dominant tendency was to affirm the authority of the Jewish father over the members of his family. During this period, the idea that parents have a natural responsibility to love their children, care for them and provide for their welfare was less transparent. The main purpose of the rules concerning the relationship between parents and children at this stage was the assertion of the rights and needs of the father of the family.1 Consequently, some of the regulations of ancient Jewish law regarding the relationship between parents and children were not necessarily focused on the best interest of the child and the ideological basis for the legal policy in the sphere of custody in the ancient period was somewhat vague.

By contrast, during the second, medieval stage of development of Jewish law on the relationship between parents and children, the ancient supreme principle, of the father's authority over members of his family in all spheres including the sphere of custody of children, was largely replaced by an explicit rule in Jewish law: the best interest of the child is a paramount consideration. Indeed, we could say that the explicit implementation of the principle of best interest of the child in Jewish custody cases is a medieval invention, introduced by Jewish scholars at this period in their child custody verdicts. By contrast to the ancient period, the rules of custody, which had become fully defined at this stage, utilizing this principle, usually favored the mother.
The Emergence and Structure of Religious Freedom in International Law Reconsidered
Authors: Danchin Peter G.
Published: February 2016

The starting points of liberal theorizing are never neutral as between conceptions of the human good; they are always liberal starting points. And the inclusiveness of the debates within liberalism as to the fundamental principles of liberal justice reinforces the view that liberal theory is best understood, not at all as an attempt to find a rationality independent of tradition, but as itself the articulation of an historically developed and developing set of social institutions and forms of activity, that is, as the voice of a tradition. Like other traditions, liberalism has internal to it its own standards of rational justification. Like other traditions, liberalism has its set of authoritative texts and its disputes over their interpretation. Like other traditions, liberalism expresses itself socially through a particular kind of hierarchy.

—Alasdair MacIntyre

Liberalism, when applied to the issues of citizenship and community … is caught in a paradox: while it must assume the existence of nation-states in order to have communities within which principles of individual liberty and value neutrality can hold sway, it must at the same time studiously ignore the normative basis of such communities, since to do otherwise would be to admit that nonliberal principles of exclusion and intolerance are fundamental to a liberal state.

—Omar Dahbour

The nature and scope of the right to freedom of religion in international law is an increasingly contested and divisive question. While virtually all scholars from an array of traditions insist that therightitself is universal, they assert quite different foundations for and often widely divergent conceptions of that right.
Religious Information on Identity Cards: A Turkish Debate
Authors: Esen Selin , Gonenç Levent
Published: February 2016

In 2006, the Turkish Grand National Assembly (TGNA) made a notable departure from historical precedent when it replaced the Population Register Law of 1972. The 1972 law, in Article 43, required that the national registry records on all households in Turkey contain the religion of all family members unless, under Article 46, an individual or family went to court to make a revision in these records. This was the legal basis of the inclusion of religious information on Turkish identity cards, issued in accordance with the information in family registers. Article 35 of The Population Services Law of 2006 now provides: “Requests about the religious information in household registers shall be approved, modified, left blank or deleted, in accordance with the written application of the concerned person.”

We shall argue, in this paper that Article 35 of the Population Services Law of 2006 is unconstitutional just like Article 43 of the Population Register Law of 1972 was, and that information about individuals' religions should be deleted from both the national register and individuals' identity (ID) cards. The inclusion of religious information in the identity cards of citizens or resident aliens, who apply for Turkish citizenship, violates the religious liberty in Turkey, particularly under a “neutrality” conception of that right. We shall review the jurisprudence of the Turkish Constitutional Court concerning ID cards in the light of the negative and positive aspects of religious liberty, focus on the different meanings of neutrality such as “formal neutrality,” “substantive neutrality,” “aim neutrality,” “justification neutrality” and “consequences neutrality.” Before we evaluate this practice under neutrality theory, however, it would be appropriate to begin with a historical narrative about the origin of religious notations on Turkish identity cards, and explain the content and the meaning of the new law.
A Comparison between Brain Death and Unstable Life: Shi'ite Perspective
Authors: Tavakkoli Saeid Nazari
Published: February 2016

Death comes to us all. It is a reality that grips us all because we become separated from our loved ones. In all cultures, there is the hope that when death comes, it will be swift and will allow us to depart without prolonged suffering. There is also a social dimension to this inevitable event in human life: we hope that our death will not force hardship on family and friends, making them pay both financially and emotionally due to an uncertain condition that is created by a lingering spirit that does not sever its ties to the body. It is at such moments that we realize the importance of having a clear definition of death.

Brain death as a way of measuring when death comes is an issue that has recently been under scrutiny throughout the world of medicine, but it has also been hotly debated in Islamic jurisprudence as well. Thanks to advanced medical technology, it has now become possible to transplant body organs of a person suffering from brain death into the body of a needy ill person, but for the most part, successful transplantation must take place before the emergence of traditional death symptoms. Physicians and ethicists have struggled with the difficulty in offering a medical definition for brain death. The question that has arisen for Muslim jurists is whether, from the point of view of Islamic jurisprudence, someone suffering from brain death should be considered as dead for purposes of permitting transplantation of organs, or whether Muslims must treat a brain-dead patient as a living person from a legal and ethical perspective.
The Role of Religion in the Defeat of the 1937 Court-Packing Plan
Authors: Ross William G.
Published: February 2016

Religious issues and clergy played a prominent and now largely forgotten role in the defeat of President Franklin D. Roosevelt's controversial 1937 proposal to add six Justices to the U.S. Supreme Court. Although many prominent Protestant, Roman Catholic, and Jewish clergy and lay persons shared Roosevelt's frustration with the Court's obstruction of legislation to ameliorate the ravages of the Great Depression and reform the nation's economic system, many of the New Deal's most ardent supporters feared that Roosevelt's plan threatened religious liberty by making the Court vulnerable to political pressure. Opposition to Court-packing among clerics and lay persons, who warned that it could subject religious minorities to majoritarian tyranny, may have contributed heavily to the plan's defeat. The prevalence of these fears that diminution of judicial independence would threaten religious freedom helps to demonstrate that the Supreme Court already was widely regarded as an important guardian of personal liberty on the eve of the Court's transition from its long-time role as a defender of property rights to its modern role as a protector of personal rights.
An Earth used with Judgment, not to Excess: Distilling a Mormon Approach to Environmental Law
Authors: McOwen Micah J.B.
Published: February 2016

“[T]he fulness of the earth is yours, the beasts of the field and the fowls of the air … and the herb, and the good things which come of the earth … [a]nd it pleaseth God that he hath given all these things unto man; for unto this end were they made to be used, with judgment, not to excess, neither by extortion.”

The Church of Jesus Christ of Latter-day Saints (the “Church”) is the great success story of American religion. Members of the Church (“Mormons”) now constitute more than five percent of the populations of Arizona, Hawaii, Nevada, and Wyoming, a far higher percentage of Idaho and Utah, and nearly two percent of the United States as a whole. Mormons fill five seats in the United States Senate (including the majority-leader chair) and about a dozen in the House. A Mormon recently completed a serious bid for the United States presidency. And their numbers are growing worldwide.
Jesus' Legal Theory—A Rabbinic Reading
Authors: Saiman Chaim
Published: February 2016

These are heady times in America's law and religion conversation. On the campaign trail in 1999, then-candidate George W. Bush declared Jesus to be his favorite political philosopher. Since his election in 2001, legal commentators have criticized both President Bush and the Supreme Court for improperly basing their decisions on their sectarian Christian convictions. Though we pledge to be one nation under God, a recent characterization of the law and religion discourse sees America as two sub-nations divided by God. Moreover, debate concerning the intersection between law, politics and religion has moved from the law reviews to the New York Times Sunday Magazine, which has published over twenty feature-length articles on these issues since President Bush took office in 2001. Today, more than anytime in the past century, the ideas of an itinerant first-century preacher from Bethlehem are relevant to American law.
Between Scholar and Jurist: The Controversy over the Research of Jewish Law Using Comparative Methods at the Early Time of the Field
Authors: Radzyner Amihai
Published: February 2016

The “[Torah] scholar” and the “scientist” thus part ways

The Torah scholar and the Jurist both supplement each other's work

At the beginning of the 1950s (or thereabouts) Rabbi Yitzhak (Isaac) ha-Levi Herzog, Ashkenazi Rabbi of the State of Israel and a researcher of Jewish law, delivered a lecture to a group of lawyers. He opened with the following comments:

Before beginning my lecture, I would like to correct an error in its title, and I would ask that the correction also be published in the press. The subject I chose to lecture on was “Knowledge and Will in Contract and Property in Mishpat ha-Torah.” The words “In comparison with English law” were added subsequently, without my knowledge. In my introduction to the second volume of my English work on Mishpat ha-Torah, I have already condemned a conspicuous proclivity in large portions of the modern literature on Mishpat ‘Ivri, to invariably search for comparisons and analogies from external sources. In essence, from an internal, spiritual perspective, such a comparison—God forbid—is inconceivable, for as the heavens are higher than the earth, so the Divine Torah granted from heaven is higher than any kind of jurisprudential system produced by human intellect and spirit. At the most, it is useful for explanatory purposes, enlisting human intellect to invoke external concepts in explaining certain concepts of Mishpat ha-Torah for those who are not conversant with classical Jewish sources, but are familiar with other legal systems. Therefore, my lecture is not devoted to comparison but rather to explanation, in other words explaining with the assistance of concepts and definitions taken from English law.
Legal Theology: The Turn to Conceptualism in Nineteenth-Century Jewish Law
Authors: Saiman Chaim
Published: February 2016

The nineteenth century was the age of legal science. Across the globe, numerous cultures began to think of their law in terms of an interlocking system of internally coherent rules. While the details differ, these movements shared the belief that numerous legal propositions were held together by a small number of core legal concepts, and that correct decisions could be determined via formal methods of legal deduction and analysis. This mode of legal thought gave increased importance to legal concepts and analytic categories. Duncan Kennedy has termed this mode of legal analysis Classical Legal Thought.

This restructuring of legal analysis brought about changes in the understanding of what the law is and how it should be studied. In its American variant, the ascendance of Classical Legal Thought is usually associated with Christopher C. Langdell's tenure as dean of Harvard's law school. Langdell created the modern law school by shifting legal training away from apprenticeship and moving it to a university setting where students were trained as legal scholars. Underlying the Langdellian moment is the assumption that law is comprised of analytic concepts which can be apolitically applied through a series of deductions made from the core legal principal.
Christian Scripture and American Scripture: An Instructive Analogy?
Authors: Kalscheur Gregory A.
Published: February 2016

As a Jesuit priest whose ministry includes the teaching of constitutional law, I regularly struggle with the task of interpreting two foundational normative texts: the Bible and the U.S. Constitution. The Bible plays a central normative role in the life of the Church, while the Constitution provides a normative framework for American law and politics. These texts ground the ongoing lives of both the Church and the American political community. Both of these textually constituted communities face the challenge of appropriating for contemporary experience a normative text produced in a significantly different historical context. But can American constitutional lawyers learn anything from the ways in which the Bible has been interpreted within the life of the Church?

Jaroslav Pelikan, eminent historian of the Church's doctrinal tradition and Sterling Professor of History Emeritus at Yale, believes that those engaged in the enterprise of constitutional interpretation can indeed learn something from the history of biblical interpretation. Drawing on a life-long “study of the twenty centuries of interpreting Christian Scriptures,” Pelikan offers his new book,Interpreting the Bible and the Constitution, in the hope that it “may be of some help and illumination … to those who stand in the tradition of the two centuries of interpreting American Scripture.” (37)
Engaging Robert Rodes
Authors: Church Richard P.
Published: February 2016

I am a lawyer turned theologian turned goat and hog farmer who finds himself attempting to make sense of a path from social ascent to intentional social descent. An economics major who studied just enough philosophy at a Christian college to think he wanted to continue that work while in law school, I found my life captured by the life and work of Stanley Hauerwas. It has all been all downhill from there. As a good friend of mine from law school days who has followed a similar descending path recently suggested, “Stanley Hauerwas ruined my legal career.” Add in required readings by John Howard Yoder and Wendell Berry during graduate school, and you find yourself on a path toward political and economic radicalism, farming, and just maybe, a church for which it is worth living and dying.

But, of course, the voices of Hauerwas and Yoder were not crystallized in isolation. They were forged in the midst of conversation with good colleagues. In this collection of essays we celebrate the life and work of Robert Rodes, a colleague of both Yoder and Hauerwas at Notre Dame in the 1980s. I have learned a tremendous amount from Rodes's historical work on the shape of English law during the period of the Reformation. But in engaging Rodes here, I focus on his constructive work on the role of the law in liberation. What I offer is a set of questions and potential alternatives in response to that work, largely learned from Hauerwas and Yoder.
Pilgrim to Nowhere—The Mysterious Journey of Robert Rodes
Authors: Hartigan Emily Albrink
Published: February 2016

Robert Rodes settled on the metaphor of the pilgrim for his story of the law. For him, pilgrim law is “the jurisprudential manifestation of liberation theology.” To begin my discussion of Rodes and the ongoing story of the law, I begin with a tale of my own pilgrimage to find justice in one place in the world I thought most needed it—when, as Dorothy could have told us from the outset, if it was not in my own back yard, I had never really lost it to begin with. In the mysteries of a Christian life that Rodes emphasizes is rooted in our unknowing, Milovan Djilas figures as central to Rodes's analysis; Djilas himself gave me crucial, but slightly cryptic, wisdom for my journey. Thus I feel haunted by some of the same characters and stories Rodes deems crucial in his pilgrim experience.
Pilgrim Law: Overcoming False Consciousness through the Witness of London's Economic Migrants
Authors: Rougeau Vincent D.
Published: February 2016

It is both an honor and a pleasure to be asked to participate in this festschrift for my friend and colleague, Robert E. Rodes, Jr. Since I joined the Notre Dame Law School faculty in 1998, Bob has been an inspiration to me in so many different ways, and in my opinion, he exemplifies the best tradition of an American man of letters. It is a rare American law school that can boast a faculty member whose interests range from medieval French and English law to modern civil procedure, legal ethics, poverty law and liberation theology. But we at Notre Dame have all this in Bob, and it is through these wide-ranging interests that I found not only intellectual common ground with him, but also a mentor and a friend.

It just so happens that Bob and I received our undergraduate and law degrees from the same institutions, Brown University and Harvard Law School. Although our experiences at both places were separated by almost forty years, I like to think that our shared educational provenance links us in a special way. In addition, for the last five years or so, we have belonged to the same parish and, more often than not, we attend the same mass. This has offered our professional relationship the wonderful counterpoise of the fellowship of our parish community, and it has given me and my wife, Robin, a chance to spend more time with Bob's delightful wife Jeanne, to whom he has been married over fifty years.
On Professors and Poor People—A Jurisprudential Memoir
Authors: Rodes Robert E.
Published: February 2016

But let the brother of low degree glory in his high estate: and the rich, in that he is made low.—James 1:9-10

I am starting this paper after looking at the latest of a series of e-mails regarding people who cannot scrape up the security deposits required by the local gas company to turn their heat back on. They keep shivering in the corners of their bedrooms or burning their houses down with defective space heaters. The public agency that is supposed to relieve the poor refuses to pay security deposits, and the private charities that pay deposits are out of money. A bill that might improve matters has passed one House of the Legislature, and is about to die in a committee of the other House. I have a card on my desk from a former student I ran into the other day. She works in the field of utility regulation, and has promised to send me more e-mails on the subject. I also have a pile of student papers on whether a lawyer can encourage a client illegally in the country to marry her boyfriend in order not to be deported.

What I am trying to do with all this material is exercise a preferential option for the poor. I am working at it in a large, comfortable chair in a large, comfortable office filled with large, comfortable books, and a large—but not so comfortable—collection of loose papers. At the end of the day, I will take some of the papers home with me to my large, comfortable, and well heated house.
Religious Lawyering's Second Wave
Authors: Pearce Russell G. , Uelmen Amelia J.
Published: February 2016

The recent three-hour program on “Professional Responsibility and the Religious Traditions” at the annual meeting of the American Association of Law Schools (“AALS”), sponsored by the Section on Professional Responsibility and co-sponsored by the Section on Law and Religion, represents a milepost in the history of the religious lawyering movement and offers a valuable opportunity to reflect on that history. In 1998, only eight years ago, one of us defined the religious lawyering movement as “an emerging force” in legal ethics. In that short time, the movement has expanded dramatically and has received greater attention within the academy and the bar. It has developed the first institutional vehicles for disseminating and promoting conversations about religious lawyering, both among lawyers of the same faith and among lawyers of different faith traditions. Now the religious lawyering movement is increasingly confronting more complex and more difficult religious, legal and ethical issues; and is extending the religious lawyering conversation internationally.
The Religious Lawyering Critique
Authors: Green Bruce A.
Published: February 2016

One might think about the relationship between law practice and religion in different ways, depending on how one views either the professional norms or religious belief and observance. Some of the most recent academic literature on “religious lawyering” is premised on a highly critical view of the profession's norms and a claim that religious convictions that bear on the practice of law are incompatible with, and preferable to, aspects of the professional norms. My purpose here is to identify, and raise some questions about, both this critique and this suggestion, and to show how they are in tension with other insights of the religious lawyering literature.

A conception of the relevance of religion to lawyers' work need not begin with a critical view of professional norms and professionalism. On the contrary, one might start with the premise that the legal profession's expectations for law practice are socially and morally laudable, and perceive lawyers' religious convictions as providing support for good lawyering. This was the understanding expressed by Henry A. Boardman, a Presbyterian Minister, in an 1849 oration that was surely among the earliest recorded reflections on the relevance of religion to the work of U.S. lawyers.
Crime and Justice in Postcolonial Nigeria: The Justifications and Challenges of Islamic Law of Shari'ah
Authors: Anyanwu Ogechi E.
Published: February 2016

Nowhere, in recent times, has the question of the Islamic Law ofShari’ahproduced such a crescendo of concern, posed such a challenge to the prevailing justice system, as in Nigeria. In "modern" societies, the criminal justice system not only produces social solidarity by reaffirming the society's bond and its adherence to certain norms, but also serves to legitimize the political authority of the state. In the postcolonial pluralistic society of Nigeria, the criminal justice system has been fundamentally influenced by the ascendancy of Western penology. During the era of European colonization of Africa, existing systems of justice were suppressed; in Nigeria's case, by the British imperial power. Predictably, the British system of justice clashed with the indigenous systems. Nowhere is this historical conflict more manifest than in the ongoing challengeShari’ahas posed to the Nigerian state.Shari’ahwas an incendiary issue during the colonial period (1900-60) in Nigeria, and has continued to challenge the classical view of the modern state ever since. This challenge has reshaped Nigeria's postcolonial criminal justice system. Here religion, politics, and society intersect, shedding light on the arrival, reactions, and crises of modernity, themes that run through theShari’ahcontroversy like interwoven threads.
Answering the Dispersed Self and Nation: A Response to Jed Rubenfeld's Freedom and Time: A Theory of Constitutional Self Government
Authors: Church Richard P.
Published: February 2016

Why do nine Supreme Court justices have the power to overturn the choices of a majority in a democratic nation? This question, known as the counter-majoritarian problem, has driven constitutional theory for the past forty years. Likewise, it is the question at the heart of Jed Rubenfeld'sFreedom and Time, A Theory of Constitutional Self-Government. In responding to this question, Rubenfeld argues that freedom and democracy require temporal extension, precluding either freedom or democracy from being reduced to the immediately present majority will of a people. Therefore, Rubenfeld concludes that the checks on the immediate will of the people at the heart of constitutional judicial review are not only democratically permissible but a necessity.
Outbreak ofSalmonellaStrathcona caused by datterino tomatoes, Denmark, 2011
Authors: MÜLLER L. , KJELSØ C. , FRANK C. , JENSEN T. , TORPDAHL M. , SØBORG B. , DORLEANS F. , RABSCH W. , PRAGER R. , GOSSNER C. M. , ETHELBERG S.
Published: February 2016

In September 2011, a patient cluster with a rareSalmonellaserotype – Strathcona – was identified in Denmark. An outbreak investigation was initiated to reveal the source in order to stop the outbreak. In addition to hypothesis-generating interviews, comparable analyses of patients’ household shopping receipts were conducted. A matched case-control study with 25 cases and 56 population register controls was conducted to test the findings of the hypothesis-generating investigation. In total, 43 cases ofSalmonellaStrathcona were reported in Denmark. Additionally, 28 cases were reported from Germany, Italy, Austria and Belgium. The results of the investigation in Denmark showed that 8/10 cases had bought datterino tomatoes prior to disease onset. Illness was associated with a specific supermarket chain [matched odds ratio (mOR) 16·9, 95% confidence interval (CI) 2·2–130], and having consumed elongated small tomatoes (OR 28·1, 95% CI 2·6–302). Traceback investigation showed that the tomatoes came from an Italian producer. This outbreak, linked to tomatoes, underpins the growing recognition of the broad source range ofSalmonellaand the ability of fresh produce to cause multi-country outbreaks. It is important to strengthen the international cooperation between public-health and food-safety authorities in the European Union to investigate future multi-country outbreaks in order to prevent illness from ready-to-eat produce.
Latent trajectories of adolescent antisocial behavior: Serotonin transporter linked polymorphic region (5-HTTLPR) genotype influences sensitivity to perceived parental support
Authors: Tung Irene , Lee Steve S.
Published: February 2016

Although prevailing theories of antisocial behavior (ASB) emphasize distinct developmental trajectories, few studies have explored gene–environment interplay underlying membership in empirically derived trajectories. To improve knowledge about the development of overt (e.g., aggression) and covert (e.g., delinquency) ASB, we tested the association of the 44-base pair promoter polymorphism in the serotonin transporter linked polymorphic region gene (5-HTTLPR), perceived parental support (e.g., closeness and warmth), and their interaction with ASB trajectories derived using latent class growth analysis in 2,558 adolescents followed prospectively into adulthood from the National Longitudinal Study of Adolescent Health. Three distinct trajectories emerged for overt (low desisting, adolescent peak, and late onset) and covert ASB (high stable, low stable, and nonoffending). Controlling for sex, parental support inversely predicted membership in the adolescent-peak overt ASB trajectory (vs. low desisting), but was unrelated to class membership for covert ASB. Furthermore, the5-HTTLPRgenotype significantly moderated the association of parental support on overt ASB trajectory membership. It is interesting that the pattern of Gene × Environment interaction differed by trajectory class: whereas short allele carriers were more sensitive to parental support in predicting the late-onset trajectory, the long/long genotype functioned as a potential “plasticity genotype” for the adolescent-peak trajectory group. We discuss these preliminary findings in the context of the differential susceptibility hypothesis and discuss the need for future studies to integrate gene–environment interplay and prospective longitudinal designs.
Investigation of the Transition from Local Anodic Oxidation to Electrical Breakdown During Nanoscale Atomic Force Microscopy Electric Lithography of Highly Oriented Pyrolytic Graphite
Authors: Yang Ye , Lin Jun
Published: February 2016

As one of the tip-based top-down nanoscale machining methods, atomic force microscopy (AFM) electric lithography is capable of directly generating flexible nanostructures on conductive or semi-conductive sample surfaces. In this work, distinct fabrication mechanisms and mechanism transition from local anodic oxidation (LAO) to electrical breakdown (BD) in the AFM nanoscale electric lithography of the highly oriented pyrolytic graphite sample surface was studied. We provide direct evidence of the transition process mechanism through the detected current–voltage (I–V) curve. Characteristics of the fabrication results under the LAO, transition, and BD regions involving the oxide growth rate or material removal rate and AFM probe wear are analyzed in detail. These factors are of great significance for improving the machining controllability and expanding its potential applications.