bluuebunny/crossref_metadata_2025_split huggingface dataset:
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 MacIntyreLiberalism, 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 DahbourThe 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.
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.
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 waysThe Torah scholar and the Jurist both supplement each other's workAt 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 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 1:9-10I 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.
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.
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

SUMMARYIn 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

AbstractAlthough 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

AbstractAs 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.