Doctrine, Practice, and Advocacy in the Inter-American Human Rights System
Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

Author: James L. Cavallaro

Publisher: Oxford University Press

Published: 2019-06-20

Total Pages: 969

ISBN-13: 0190900873

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Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission's ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada. This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.

Religion and the State in American Law
Religion and the State in American Law

Author: Boris I. Bittker

Publisher: Cambridge University Press

Published: 2015-10-06

Total Pages: 1001

ISBN-13: 1316381137

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Religion and the State in American Law provides a comprehensive and up-to-date overview of religion and government in the United States, from historical origins to modern laws and rulings. In addition to extensive coverage of the religion clauses of the First Amendment, it addresses many statutory, regulatory, and common-law developments at both the federal and state levels. Topics include the history of church-state relations and religious liberty, religion in the classroom, and expressions of religion in government. This book also covers the role of religion in specific areas of law such as contracts, taxation, employment, land use regulation, torts, criminal law, and domestic relations as well as in specialized contexts such as prisons and the military. Accessible to the general as well as the professional reader, this book will be of use to scholars, judges, practising lawyers, and the media.

From the Bottom Up
From the Bottom Up

Author: Kent Greenawalt

Publisher: Oxford University Press

Published: 2016-05-02

Total Pages: 545

ISBN-13: 0190606940

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Kent Greenawalt's From the Bottom Up constitutes a collection of articles and essays written over the last five decades of his career. They cover a wide range of topics, many of which address ties between political and moral philosophy and what the law does and should provide. A broad general theme is that in all these domains, what really is the wisest approach to difficult circumstances often depends on the particular issues involved and their context. Both judges and scholars too often rely on abstract general formulations to provide answers. A notable example in political philosophy was the suggestion of the great and careful scholar, John Rawls, that laws should be based exclusively on public reason. The essays explain that given uncertainty of what people perceive as the line between public reason and their religion convictions, the inability of public reason to resolve some difficulty questions, such as what we owe to higher animals, and the feeling of many that their religious understanding should count, urging exclusive reliance on public reason is not a viable approach. Other essays show similar problems with asserted bases for legal interpretations and the content of provisions such as the First Amendment.

Religion and the Constitution
Religion and the Constitution

Author: Michael W. McConnell

Publisher: Aspen Publishing

Published: 2022-01-31

Total Pages: 1066

ISBN-13: 1543851983

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Religion and the Constitution, Fifth Edition, is a casebook unparalleled in how it synthesizes judicial decisions and legal doctrines together with materials from history, the study of religion, and other related disciplines. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Religion and the Constitution, Fifth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This proven casebook is suitable for courses or seminars in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law. The Fifth Edition has been updated with discussions of the Supreme Court’s many recent religious liberty cases, decided against the tumultuous backdrop of pandemic restrictions and intensifying “culture wars.” New to the Fifth Edition: Recent decisions on COVID-related restrictions of religious worship and the meaning of the requirement that laws burdening religion be “neutral and generally applicable.” Recent decisions on the clash between sexual-orientation nondiscrimination laws and religious objectors: Masterpiece Cakeshop and Fulton v. Philadelphia. Recent decisions forbidding exclusion of religious entities from generally available government funding programs: Trinity Lutheran v. Comer and Espinoza v. Dept. of Revenue. The recent decision presumptively validating longstanding government displays with religious content, namely American Legion v. American Humanist Assn. Professors and students will benefit from: A casebook structured to stress three recurring themes that contextualize current debate regarding matters of church-and-state: Free exercise of religion in the face of government regulation. Government financial assistance to religious institutions. The role of religion in government institutions, such as schools. Notes and questions that connect older controversies with modern constitutional disputes. Problems that enable students to understand the legal materials on their own terms and apply them to new issues. A thorough examination and explanation of the various interrelations between the free exercise and establishment clauses. Historical and other background materials that are sufficiently scholarly and authoritative that the United States Supreme Court recently cited the book in its decision in Espinoza v. Dep’t of Revenue (2020)

Obligations of Citizenship and Demands of Faith
Obligations of Citizenship and Demands of Faith

Author: Nancy L. Rosenblum

Publisher: Princeton University Press

Published: 2021-04-13

Total Pages: 447

ISBN-13: 0691228248

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Of the many challenges facing liberal democracy, none is as powerful and pervasive today as those posed by religion. These are the challenges taken up in Obligations of Citizenship and Demands of Faith, an exploration of the place of religion in contemporary public life. The essays in this volume suggest that two important shifts have altered the balance between the competing obligations of citizenship and faith: the growth of religious pluralism and the escalating calls of religious groups for some measure of autonomy or recognition from democratic majorities. The authors--political theorists, philosophers, legal scholars, and social scientists--collectively argue that more room should be made for religion in today's democratic societies. Though they advocate different ways of carving out and justifying the proper bounds of "church and state" in pluralist democracies, they all write from within democratic theory and share the aim of democratic accommodation of religion. Alert to national differences in political circumstances and the particularities of constitutional and legal systems, these contributors consider the question of religious accommodation from the standpoint of institutional practices and law as well as that of normative theory. Unique in its interdisciplinary approach and comparative focus, this volume makes a timely and much-needed intervention in current debates about religion and politics. The contributors are Nancy L. Rosenblum, Alan Wolfe, Ronald Thiemann, Michael McConnell, Graham Walker, Amy Gutmann, Kent Greenawalt, Aviam Soifer, Harry Hirsch, Gary Jacobsohn, Yael Tamir, Martha Nussbaum, and Carol Weisbrod.

Entheogens and the Future of Religion
Entheogens and the Future of Religion

Author: Robert Forte

Publisher: Simon and Schuster

Published: 2012-01-25

Total Pages: 230

ISBN-13: 1594777977

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A study of the importance of psychedelic plants and drugs in religion and society • With contributions by Albert Hofmann, R. Gordon Wasson, Jack Kornfield, Terence McKenna, the Shulgins, Rick Strassman, and others • Explores the importance of academic and religious freedom in the study of psychedelics and the mind • Exposes the need for an organized spiritual context for entheogen use in order to fully realize their transformative and sacred value We live in a time when a great many voices are calling for a spiritual renewal to address the problems that face humanity, yet the way of entheogens--one of the oldest and most widespread means of attaining a religious experience--is forbidden, surrounded by controversy and misunderstanding. Widely employed in traditional shamanic societies, entheogens figure prominently in the origins of religion and their use continues today throughout the world. They alter consciousness in such a profound way that, depending on the set and setting, they can produce the ultimate human experiences: union with God or revelation of other mystical realities. With contributions by Albert Hofmann, Terence McKenna, Ann and Alexander Shulgin, Thomas Riedlinger, Dale Pendell, and Rick Strassman as well as interviews with R. Gordon Wasson and Jack Kornfield, this book explores ancient and modern uses of psychedelic drugs, emphasizing the complementary relationship between science and mystical experience and the importance of psychedelics to the future of religion and society. Revealing the mystical-religious possibilities of substances such as psilocybin mushrooms, mescaline, and LSD, this book exposes the vital need for developing an organized spiritual context for their use in order to fully realize their transformative and sacred value. Stressing the importance of academic and religious freedom, the authors call for a revival of scientific and religious inquiry into entheogens so they may be used safely and legally by those seeking to cultivate their spiritual awareness.

Marsh's California Corporation Law
Marsh's California Corporation Law

Author: Harold Marsh

Publisher: Wolters Kluwer

Published: 1999-12-01

Total Pages: 5960

ISBN-13: 0735504210

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This authoritative research tool covers all aspects of California corporate law and practice, providing clear, reliable guidance to the laws, legislative history, and major case law holdings, as well as the authors' well-known expertise and advice on approaching and understanding key corporate transactions. There is no better source on how to handle all key corporate transactions, from corporate formation and governance to takeovers and bankruptcies. Completely current, there is full coverage and insightful, expert analysis of all the critical new issues affecting California corporate law practice, including: What are the various business entities available in California?What are the methods and issues involved in forming those entities?What are the particular benefits of, and restrictions on, using a Limited Liability Company in California?What are the issues involved in financing a California corporation?What are the fiduciary duties imposed upon directors, officers, and controlling shareholders of California corporations?How do you provide notice and hold meetings of directors and shareholders of California corporations?What are the restrictions imposed upon officers and directors in the operation of California corporations?Under what circumstances can a California corporation pay a dividend or make a distribution of property to its shareholders?What are the issues involved in acquiring California corporations, whether by merger, purchase of stock, or purchase of assets?How and under what circumstances can a California corporation be dissolved?What are the issues and requirements faced by a foreign corporation conducting business in California?