Category Archives: Volume 39

Theism, Naturalism, and Liberalism: John Stuart Mill and the “Final Inexplicability” of the Self

Wednesday, January 16, 2013 | Comments Off on Theism, Naturalism, and Liberalism: John Stuart Mill and the “Final Inexplicability” of the Self

The British writer and philosopher Iris Murdoch once wrote, “It is easy to say there is no God. It is not so easy to believe it and to draw the consequences.” By this she meant that our vision of...

Read more

Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels

Monday, January 14, 2013 | Comments Off on Saving the First Amendment from Itself: Relief from the Sherman Act Against the Rabbinic Cartels

America’s rabbis currently structure their employment market with rules that flagrantly violate the Sherman Act. The consequences of these rules, in addition to the predictable economic outcomes of inflated wages for rabbis and restricted consumer freedoms for the congregations...

Read more

To Teach and Persuade

Sunday, January 13, 2013 | Comments Off on To Teach and Persuade

Legal speech and religious speech inevitably do some of the same work. Both are vehicles through which we both talk about and become the kind of people we are. Granted, those of us who teach and argue about the...

Read more

Blame It on Catholic Bishop: The Question of NLRB Jurisdiction over Religious Colleges and Universities

Sunday, January 13, 2013 | Comments Off on Blame It on Catholic Bishop: The Question of NLRB Jurisdiction over Religious Colleges and Universities

When should laws of general application apply to religiously affiliated entities? Although there is little question that churches themselves are exempt from most precepts of the law, more difficult questions arise with respect to whether other religious institutions should...

Read more

The Endorsement Test Is Alive and Well: A Cause for Celebration and Sorrow

Saturday, January 12, 2013 | Comments Off on The Endorsement Test Is Alive and Well: A Cause for Celebration and Sorrow

The endorsement test, first explained by Justice O’Connor in her Lynch v. Donnelly concurrence and adopted by the Court in County of Allegheny v. ACLU, Greater Pittsburgh Chapter, provides one way to determine whether state action violates Establishment Clause...

Read more

Complementary, Not Competing, Claims of Law and Religion: An Islamic Perspective

Thursday, January 10, 2013 | Comments Off on Complementary, Not Competing, Claims of Law and Religion: An Islamic Perspective

Whatever view any of us has about the relationship between law and religion is founded on a certain conception of law in relation to a specific understanding of a particular religion. Whether we accept the possibility of mutual influence,...

Read more


Find Articles

Pepp. L. Rev. Twitter