Category Archives: National Security Law

Library Highlights : Law & Religion

Law and Religion: National, International, and Comparative Perspectives

W. Cole Durham, Jr., Brett G. Scharffs

K3258 .D874 2010

From the Publisher: Law and Religion: National, International, and Comparative Law Perspectives, features: U.S. materials that include the major Free Exercise and Establishment Clause cases that teachers of law and religion courses are accustomed to teaching; […]cases cover issues such as the right to register religious associations, headscarves, kosher foods, exemptions from church taxes, conscientious objection, proselytizing, religious oaths, church autonomy, religious education, and conflicts arising between religious freedom and other human rights (e.g., women’s rights, rights of indigenous peoples, sexual minorities, and children’s rights); Islamic, Christian, and Jewish perspectives on freedom of religion, touching on defamation of religion, the Danish Mohammed cartoon controversy, the constitutions of Iraq, religious political parties in Turkey, and the definition of being Jewish for rights of citizenship in Israel.

Fundamentalism in American Religion and Law: Obama’s Challenge to Patriarchy’s Threat to Democracy

David A. J. Richards

KF4552 .R53 2010

From the Publisher: Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama’s resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces – in particular, the patriarchal love laws that tell people who and how and how much they may love.

The Religious Left and Church-State Relations

Steven H. Shiffrin

KF4783 .S56 2009

From the Publisher: In The Religious Left and Church-State Relations, Shiffrin argues that the religious left, not the secular left, is best equipped to lead the battle against the religious right on questions of church and state in America today. Explaining that the chosen rhetoric of secular liberals is poorly equipped to argue against religious conservatives, Shiffrin shows that all progressives, religious and secular, must appeal to broader values promoting religious liberty. He demonstrates that the separation of church and state serves to protect religions from political manipulation while tight connections between church and state compromise the integrity of religious institutions. Shiffrin discusses the pluralistic foundations of the religion clauses in the First Amendment and asserts that the clauses cannot be confined to the protection of liberty, equality, or equal liberty. He explores the constitutional framework of religious liberalism, applying it to controversial examples, including the Pledge of  Allegiance, the government’s use of religious symbols, the teaching of evolution in public schools, and school vouchers. Shiffrin examines how the approaches of secular liberalism toward church-state relations have been misguided philosophically and politically, and he illustrates why theological arguments hold an important democratic position–not in courtrooms or halls of government, but in the public dialogue.

Freedom From Religion: Rights and National Security

Amos N. Guiora

K3258 .G85 2009

From the Publisher: Although many books on terrorism and religious extremism have been published in the years since 9/11, none of them written by Western authors call for the curtailment of religious freedom and freedom of expression for the sake of greater security. Rather, those terror-related debates have addressed what other civil liberties should be honored. Issues like torture, domestic surveillance, and unlawful detentions have dominated the literature in this area, but few, if any, major scholars have questioned the vast allowances made by Western nations for the freedoms of religion and speech. Freedom from Religion challenges the almost sacrosanct inviolability of these two civil liberties. By drawing the connection between politically-correct tolerance of extremist speech and the rise of terrorist activity, this book sets the context for its unique proposal that governments should introduce new limits on religious practice within their borders. To demonstrate the wisdom of this course, the author presents the disparate policies and security circumstances of five countries: the U.S., the UK, the Netherlands, Turkey, and Israel.

God in the Courtroom: Religion’s Role at Trial

Brian H. Bornstein and Monica K. Miller

KF8700 .B67 2009

From the Publisher: While the concept of “God in the Courtroom” evokes a few grand images, there are numerous, often subtle, ways in which religion and law intersect. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision- making processes of various legal actors, and trial outcomes. Chapters address jury selection and bias, attorneys’ use of religion in legal movements, judges’ religious beliefs and its role in their appointment, and the treatment of religious figures or institutions as litigants in court. By drawing from various research sources, the authors effectively explore the range of ways in which religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.

Holy Writ: Interpretation in Law and Religion

edited by Arie-Jan Kwak

K3165 .H654 2009

From the Publisher: It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be ‘holy’, in the case of law, some, such as the American constitution, are widely held as ‘sacred’. In both examples, priests and judges exert a duty to tell the community what the founding document has to say about contemporary problems. This therefore involves an element of interpretation of the relevant authoritative texts and this book focuses on such methods of interpretation in the fields of law and religion. As its starting point, scholars from different disciplines discuss the textualist approach presented here by American Supreme Court Judge and academic scholar, Justice Antonin Scalia, not only from the perspective of law but also from that of theology. The result is a lively discussion which presents a range of diverse perspectives and arguments with regard to interpretation in law and religion.

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Law & Social Justice — Recent Acquisitions

Agenda for a Sustainable America
edited by John C. Dernbach
HC79.E5 A358 2009
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Assignment and Arbitration: A Comparative Study
Juan Carlos Landrove
K2400 .L36 2009
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At Home in the Law: How the Domestic Violence Revolution is Transforming Privacy
Jeannie Suk
KF9322 .S85 2009 (New Book Shelf)
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Autonomy, Consent and the Law
Sheila A. M. McLean
K3611.I5 M38 2010
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The Challenge of Child Labour in International Law
Franziska Humbert
K1821 .H86 2009
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Climate Change and the Law
Chris Wold, David Hunter, Melissa Powers
K3593 .W65 2009
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Covering: The Hidden Assault on our Civil Rights
Kenji Yoshino
KF4749 .Y674 2007
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Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law
Kal Raustiala
KF413.J87 R38 2009
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The Evolution of the Fourth Amendment
Thomas N. McInnis
KF9630 .M35 2009
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Freedom from Religion: Rights and National Security
Amos N. Guiora
K3258 .G85 2009
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The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human
Rights Violations
edited by Ruth Rubio-Marin
K5301 .G46 2009
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Global Democracy and Sustainable Jurisprudence: Deliberative Environmental Law
Walter F. Baber and Robert V. Bartlett
K3585 .B33 2009
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Global Employee Privacy and Data Security Law
Morrison & Foerster LLP; editors Miriam H. Wugmeister and Christine E. Lyon
K3264.C65 G578 2009
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Government by Contract: Outsourcing and American Democracy
edited by Jody Freeman, Martha Minow
HD3861.U6 G678 2009
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An Introduction to the American Legal System
John M. Scheb, John M. Scheb II.
KF385 .S34 2010
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Justice in Plainclothes: A Theory of American Constitutional Practice
Lawrence G. Sager
KF4550 .S235 2004
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Law and the Disordered: An Exploration in Mental Health, Law, and Politics
George C. Klein
KF3828 .K59 2009 (New Book Shelf)
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The Law of American State Constitutions
Robert F. Williams
KF4530 .W538 2009
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Legal Studies: Terminology and Transcription
Wanda Roderick-Bolton
KF319 .R6 2004
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Mechanical Witness: A History of Motion Picture Evidence in U.S. Courts
Louis-Georges Schwartz
KF8725 .S39 2009 (New Book Shelf)
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Mobilizing for Human Rights: International Law in Domestic Politics
Beth A. Simmons
K3240 .S5435 2009
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Obstruction of Justice: Federal Statutes
Charles Doyle
KF9300 .D69 2008
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Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the
Legal Profession
edited by Robert Granfield, Lynn Mather
KF299.P8 P745 2009 (New Book Shelf)
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Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory
Violations
James T. O’Reilly et al.
KF9351 .P86 2009
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Rediscovering Rhetoric: Law, Language, and the Practice of Persuasion
editors, Justin T. Gleeson, Ruth C.A. Higgins.
P301.5.P47 R43 2008
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The Religious Left and Church-State Relations
Steven H. Shiffrin
KF4783 .S56 2009 (New Book Shelf)
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The Restitution of Cultural Assets: Causes of Action, Obstacles to Restitution,
Developments

Beat Schonenberger
K3791 .S36 2009 (New Book Shelf)
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A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale
Warped the Law of Free Association
Andrew Koppelman; with Tobias Barrington Wolff
KF4778 .K67 2009
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Sexual Harassment: Prevention, Investigation and Litigation
Sound recording
State Bar of California
AUDIO KFC100.S49 S49 2009 (Lobby Display)
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The South’s Role in the Creation of the Bill of Rights: Essays
Jack P. Greene et al.; edited by Robert J. Haws
KF4545.S5 S68 2009
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Targeted Killing in International Law
Nils Melzer
KZ6362 .M45 2009
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US Pension Reform: Lessons from Other Countries
Martin Neil Baily, Jacob Funk Kirkegaard
HD7125 .B275 2009
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Women, Family, and Gender in Islamic Law
Judith E. Tucker
KBP526.3 .T83 2008
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