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The Application of Islamic Law in the Courts of the United States

The Application of Islamic Law in the Courts of the United States
Author: Lee Owen Rooney
Publisher:
Total Pages: 84
Release: 2020
Genre:
ISBN:

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The issue of how U.S. courts should apply Islamic law is complicated by the various meanings that can be ascribed to the term Islamic law. Generally, it refers to any law that has a foundation in the Islamic religion, but to be more precise, it usually refers to the national laws that apply in any of the Muslim-majority countries. As there are many such countries, there are many different versions of Islamic law. Additionally, it can refer to religious law that governs the relationship between Muslims and God. When a U.S. court is confronted with an issue that requires the application of Islamic law, the court first needs to determine what type of Islamic law is before it. When the Islamic law is that of a nation-state, the court should use the method as described in Federal Rules of Civil Procedure 44.1 to determine the relevant substantive law of the foreign law to be applied and then do so. Even though such a national law is founded on religious precepts, the fact that it is a foreign law allows it to be applied in U.S. courts. If on the other hand, Islamic law refers to religious law that parties have voluntarily agreed to be bound by, then the courts need to approach it similarly to other religious law. The court would need to apply the religious law to the extent that it can do so using the neutral principles of law that do not depend upon making determinations as to doctrinal issues. This report deals with the application of Islamic law while examining contract and tort cases meeting choice-of-law rules as well as Islamic marriage contracts. The use of Islamic law in this country’s forums is inconsistent demonstrating an uneasiness to engage in such cases by the nation’s factfinders. This variability should stabilize as increasing numbers of cases involving Islamic law are heard


The Federalist Papers

The Federalist Papers
Author: Alexander Hamilton
Publisher: Read Books Ltd
Total Pages: 455
Release: 2018-08-20
Genre: History
ISBN: 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.


The Court and the Cross

The Court and the Cross
Author: Frederick S. Lane
Publisher: Beacon Press
Total Pages: 292
Release: 2008
Genre: Law
ISBN: 9780807044247

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While President George W. Bush has appointed two Supreme Court justices during his terms in office, the next president may be in a position to appoint up to three new justices, replacing one third of the Court. This relatively high number could drastically alter future Supreme Court rulings. Now is the perfect time to consider the role of politics in Supreme Court nominations and in the new appointees'ensuing decisions. In The Court and the Cross, legal journalist Frederick Lane reveals how one political movement, the Religious Right, has dedicated much of the last thirty years to molding the federal judiciary, always with an eye toward getting their choices onto the Supreme Court. This political work has involved grassroots campaigns, aggressive lobbying, and a well-tended career path for conservative law students and attorneys, and it has been incredibly effective in influencing major Court decisions on a range of important social issues. Recent decisions by the Right's favored judges have chipped away at laws banning prayer in school, bolstered restrictions on women's access to abortion and birth control, and given legal approval to President Bush's use of federal funds for religious organizations. In the near future, the courts will confront a host of hot-button issues, from stem cell research and gay rights to religious expression on government property and euthanasia. As the courts hear cases driven by an evangelical agenda and tainted with religious rhetoric, Lane surveys the damage to the wall separating church and state and asks, Has the Religious Right done irreparable harm? As a new president takes office, it is more important than ever to understand the political and social forces behind the Supreme Court nomination process. The Court and the Cross is a revealing look at how much has already been lost, thanks to the concerted efforts of the Religious Right to change the Court, and a timely warning of how much more we could yet lose. "The Court and the Cross is a commendable and sobering account of the scope and significance of the Christian Right's incessant efforts to make a mockery of core constitutional principle. Not only does it elegantly review key Supreme Court cases about religion, but points to the extensive range of social issues the Right is working to get up for examination before our highest court, an increasingly conservative body. If you are not sure that the decisions of the Supreme Court "matter much" to you in your daily life, read The Court and the Cross and I guarantee you'll be rethinking that position. The Court's erosion of your individual religious freedom and the dictates of your conscience has already begun." -Rev. Barry Lynn, author of Piety & Politics and Executive Director of Americans United for the Separation of Church and State "Separation of church and state is so basic a part of American values and history that it is hard to realize it is under threat. But it is, profoundly. In The Court and the Cross Frederick Lane explains why: a relentless, determined and successful campaign by the Christian Right to put its supporters on the federal courts, especially the Supreme Court. It is a colorful and compelling book." -Anthony Lewis, author of Gideon's Trumpet and Freedom for the Thought We Hate: A Biography of the First Amendment "In The Court and the Cross, Frederick S. Lane spotlights what ought to be one of the most critical issues in this election year: the religious right's successful long-term effort to reshape the Supreme Court and the entire federal judiciary. With wit, legal erudition and political acumen, Lane explains exactly why the power to appoint federal judges with lifetime tenure may be a president's most significant legacy and why liberals have been asleep at the switch while conservatives have had their way with the courts. This timely and disturb


Religious Liberty and the American Supreme Court

Religious Liberty and the American Supreme Court
Author: Vincent Phillip Munoz
Publisher: Rowman & Littlefield
Total Pages: 679
Release: 2015-03-27
Genre: Political Science
ISBN: 1442250321

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Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.


Religious Convictions and Political Choice

Religious Convictions and Political Choice
Author: Kent Greenawalt
Publisher: Oxford University Press, USA
Total Pages: 282
Release: 1991
Genre: Religion and politics
ISBN: 0195067797

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How far may Americans properly rely on their religious beliefs when they make and defend political decisions? For example, are ordinary citizens or legislators doing something wrong when they consciously allow their decisions respecting abortion laws to be determined by their religious views? Despite its intense contemporary relevance, the full dimensions of this issue have until now not been thoroughly examined. Religious Convictions and Political Choice represents the first attempt to fill this gap. Beginning with an account of the basic premises of our liberal democracy, Greenawalt moves to a comparison between rational secular grounds of decision and grounds based on religious convictions. He discusses particular issues such as animal rights and abortion, showing how religious convictions can bear on an individual's decisions about them, and inquires whether reliance on such convictions is compatible with liberal democratic premises. In conclusion, he argues that citizens cannot be expected to rely exclusively on rational, secular grounds.


EEOC Compliance Manual

EEOC Compliance Manual
Author: United States. Equal Employment Opportunity Commission
Publisher:
Total Pages: 368
Release: 1992
Genre: Affirmative action programs
ISBN:

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Religious Wars in the Courts: The lower federal courts and the U.S. Supreme Court in religious freedoms cases, 1970-1990

Religious Wars in the Courts: The lower federal courts and the U.S. Supreme Court in religious freedoms cases, 1970-1990
Author: Barbara M. Yarnold
Publisher:
Total Pages: 156
Release: 2000
Genre: Law
ISBN:

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This book is concerned with two decades 1970-1990 of adjudications by the lower federal courts -- district and circuit courts of appeals and the US Supreme Court -- in 'religious freedoms' cases, or cases which relate to the First Amendment's 'free-exercise' and 'establishment' clauses. There are a number of reasons for dealing with these two clauses simultaneously. The first is pragmatic: most judicial decisions which deal with religious liberties discuss both clauses. Second, from a more theoretical perspective, the free exercise and establishment clauses share a common purpose, namely protecting the liberties of religious individuals and the non-religious. Finally, it is based upon an underlying scepticism about the importance of rules, and even the existence of rules, concepts which have emerged in the public law area and among legal realists. One of the major research objectives of this study is to test, in the context of religious liberty cases (or cases which involve the free exercise or establishment clauses), cases which involve major issues, the various predictions of the general theory of public law. In an effort to further understand politically activist judges, the ana