Category Archives: Issues

Rethinking the “Religious-Question” Doctrine

Thursday, February 5, 2015 | Comments Off on Rethinking the “Religious-Question” Doctrine

Article by: Christopher C. Lund 41 PEPP. L. REV. 1013 (2014) The “religious-question” doctrine is a well-known and commonly accepted notion about the First Amendment’s Religion Clauses. The general idea is that, in our system of separated church and state,...

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Foreign and Religious Family Law: Comity, Contract, and the Constitution

Thursday, February 5, 2015 | Comments Off on Foreign and Religious Family Law: Comity, Contract, and the Constitution

Article by: Ann Laquer Estin 41 PEPP. L. REV. 1029 (2014) As a family law scholar, I believe that the goals of secular and religious family law are often harmonious, and I have argued for a legal pluralism in the...

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Religious Tribunals and Secular Courts: Navigating Power and Powerlessness

Thursday, February 5, 2015 | Comments Off on Religious Tribunals and Secular Courts: Navigating Power and Powerlessness

Article by: Michelle Greenberg-Kobrin 41 PEPP. L. REV. 997 (2014) In this Article, I will focus on the various ways that religious systems have attempted to navigate their relationship with the secular legal system and the secular system of values...

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Introduction: Religious Law in the 21st Century

Thursday, February 5, 2015 | Comments Off on Introduction: Religious Law in the 21st Century

Article by: Michael A. Helfand 41 PEPP. L. REV. 991 (2014) As the world has moved into the 21st century, new tensions between law and religion have become an almost daily affair. In only the last few years, such tensions...

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More “Vitiating Paradoxes”: A Response to Steven D. Smith

Thursday, February 5, 2015 | Comments Off on More “Vitiating Paradoxes”: A Response to Steven D. Smith

Article by: Paul Horwitz 41 PEPP. L. REV. 943 (2014) If I were to select a candidate for Legal Theory Trends That Should Have Been, one of my first nominees would be Conservative Critical Legal Studies. The list of key...

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Theorists, Get Over Yourselves: A Response to Steven D. Smith

Thursday, February 5, 2015 | Comments Off on Theorists, Get Over Yourselves: A Response to Steven D. Smith

Article by: Andrew Koppelman 41 PEPP. L. REV. 937 (2014) Steven D. Smith is one of our most powerful critics of contemporary liberal theory. He has an acute sense of the hidden flaws and gaps in contemporary conventional wisdom. Even...

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