The Contested Place of Religion in Family Law
Editat de Robin Fretwell Wilsonen Limba Engleză Hardback – 30 mai 2018
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Specificații
ISBN-13: 9781108417600
ISBN-10: 1108417604
Pagini: 740
Dimensiuni: 156 x 235 x 41 mm
Greutate: 1.11 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
ISBN-10: 1108417604
Pagini: 740
Dimensiuni: 156 x 235 x 41 mm
Greutate: 1.11 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
Cuprins
Foreword Senator Orrin Hatch; Introduction Robin Fretwell Wilson; Part I. The Foundations and Boundaries of Religious Liberty: 1. The risky business of RFRAs after Hobby Lobby Elizabeth Sepper; 2. Religion and the family in the wake of Hobby Lobby Michael A. Helfand; Part II. Religious Claims at Birth: 3. Religious exceptionalism and religiously motivated harm Michele Bratcher Goodwin; 4. Contraceptive access and religious liberty: can we afford to protect both? Mark L. Rienzi; 5. The contraceptive-coverage cases and the problem of politicized free-exercise lawsuits Gregory M. Lipper; 6. The substantial burden question: secular tools for secular courts Michael A. Helfand; 7. Coming soon to a court near you: male circumcision in religious families in Europe and the United States Eric Rassbach; Part III. Religious Claims in Childrearing: 8. The easiest accommodation: abandoning other people's children to their parents' religious views James G. Dwyer; 9. Marriage agreements and religious family life Brian H. Bix; 10. Religious parents who divorce Margaret F. Brinig; 11. Regulating the relationship between parents: moving beyond marriage and custody law Merle H. Weiner; 12. Bad faith: when religious beliefs imperil children Paul A. Offit; 13. By faith alone: when religious beliefs and child welfare collide Robin Fretwell Wilson and Shaakirrah Sanders; Part IV. Rethinking Marriage after Obergefell: 14. After Obergefell: locating the contemporary state interest in marriage Kari E. Hong; 15. Transformational marriage: how to end the culture wars over same-sex marriage Robin B. Kar; 16. Divorcing marriage and the state post-Obergefell Robin Fretwell Wilson; 17. Why no polygamy John Witte, Jr; 18. Scrutinizing polygamy under religious freedom restoration acts Maura Irene Strassberg; Part V. Religious Claims at End of Life: 19. Religion and advance medical directives: formulation and enforcement implications Richard L. Kaplan; 20. Personal religious identity at the end of life Naomi Cahn and Reverend Amy Ziettlow; Part VI. Shaping the Legal Culture of the Family: 21. Taking colliding trains off a collision path: lessons from the Utah compromise for civil society J. Stuart Adams; 22. Family law and civil rights movements: examining the influence of courts and legislatures on racial and sexual orientation equality Anthony Michael Kreis; 23. Latter-day constitutionalism: sexuality, gender, and Mormons William N. Eskridge, Jr; Part VII. International Perspectives: 24. The future of marriage in secular societies Patrick M. Parkinson; 25. A tale of fragmentation and intertwinement: the sacred and the secular systems for forming and dissolving marriages in Israel Karin Carmit Yefet and Arianne Renan Barzilay; 26. Religious modesty for women and girls: a comparative analysis of legal protections in France and the United States Asma T. Uddin.
Recenzii
'This book provides a comprehensive look at the tensions between equal rights and religious freedom. It examines not only the ongoing legislative and court battles over access to marriage, but further identifies the battles on the horizon over contraception, polygamy, circumcision, end of life decision-making, premarital agreements, divorce provisions about children's religious upbringing, vaccinations, corporal punishment and similar matters rarely included in other works on law, religion, and the family. It is an exceptionally rich and timely collection.' June Carbone, Robina Chair in Law, Science, and Technology, University of Minnesota Law School
'In this volume, an all-star cast of contemporary thinkers provide a timely and important conversation on an issue of great complexity and urgency, the intersection of religion, law, and family. This book will be essential reading to understand where we are.' Kyle Harper, Senior Vice President and Provost, Professor of Classics and Letters, University of Oklahoma
'The Contested Place of Religion in Family Law is an important and valuable book. Over the course of almost 700 pages, essays from a variety of different perspectives address many different contexts and issues that bring religion, religious liberty, and family law into contact and often conflict. … Scholars of family law and law and religion will benefit from the collection's comprehensiveness and from excellent scholarship exploring facets of the relationship between religion and family that may at times be unfamiliar. The book is also an invaluable resource for anyone seeking an overview of the connections between religion, religious liberty, and family law, and it provides all readers with deep engagement on specific topics. A book of this length and scope is ambitious, and this collection delivers on its promise.' Kathleen Brady, Oxford Review
'The Contested Place of Religion in Family Law dialogue also highlights the need to evaluate harm on both sides of the ledger. This includes consideration of harm that results when religious individuals or organizations are not accommodated. In the pharmaceutical or medical context, for example, lack of accommodations may ultimately result in less providers and less organizations willing to provide care … Lack of religious accommodations in the adoption or foster care context may result in less agencies finding homes for children in need. The family, as a microcosm of our broader society, provides a familiar context in which to evaluate many of these pressing concerns regarding religious accommodations. The Contested Place of Religion in Family Law provides an important discussion highlighting a range of perspectives on these issues, and it will likely serve as a valuable contribution for years to come.' Stephanie Barclay, Family Law Quarterly
'It is no accident that there are a broad range of issues for this volume to address. It addresses them well, and readers with an interest in religion, religious liberty, or family life will benefit from this book.' Douglas Laycock, Journal of Church and State
'… this volume provides a lot of important evidence and argument for those who are re-thinking specific controversies in family law or attempting to re-imagine the basic concepts of family law such as the nature of marriage. Prof. Wilson's attempt to balance views on some of these contested issues and the mix of theoretical, historical, and empirical work that the authors bring to bear is a welcome addition to the literature in this field.' Marie Failinger, University of Illinois Law Review Online
'… this is an excellent collection. For those looking at how family law and religion interact in the United States, it is a one-stop shop filled with everything they could possibly need.' Russell Sandberg, Ecclesiastical Law Journal
'In this volume, an all-star cast of contemporary thinkers provide a timely and important conversation on an issue of great complexity and urgency, the intersection of religion, law, and family. This book will be essential reading to understand where we are.' Kyle Harper, Senior Vice President and Provost, Professor of Classics and Letters, University of Oklahoma
'The Contested Place of Religion in Family Law is an important and valuable book. Over the course of almost 700 pages, essays from a variety of different perspectives address many different contexts and issues that bring religion, religious liberty, and family law into contact and often conflict. … Scholars of family law and law and religion will benefit from the collection's comprehensiveness and from excellent scholarship exploring facets of the relationship between religion and family that may at times be unfamiliar. The book is also an invaluable resource for anyone seeking an overview of the connections between religion, religious liberty, and family law, and it provides all readers with deep engagement on specific topics. A book of this length and scope is ambitious, and this collection delivers on its promise.' Kathleen Brady, Oxford Review
'The Contested Place of Religion in Family Law dialogue also highlights the need to evaluate harm on both sides of the ledger. This includes consideration of harm that results when religious individuals or organizations are not accommodated. In the pharmaceutical or medical context, for example, lack of accommodations may ultimately result in less providers and less organizations willing to provide care … Lack of religious accommodations in the adoption or foster care context may result in less agencies finding homes for children in need. The family, as a microcosm of our broader society, provides a familiar context in which to evaluate many of these pressing concerns regarding religious accommodations. The Contested Place of Religion in Family Law provides an important discussion highlighting a range of perspectives on these issues, and it will likely serve as a valuable contribution for years to come.' Stephanie Barclay, Family Law Quarterly
'It is no accident that there are a broad range of issues for this volume to address. It addresses them well, and readers with an interest in religion, religious liberty, or family life will benefit from this book.' Douglas Laycock, Journal of Church and State
'… this volume provides a lot of important evidence and argument for those who are re-thinking specific controversies in family law or attempting to re-imagine the basic concepts of family law such as the nature of marriage. Prof. Wilson's attempt to balance views on some of these contested issues and the mix of theoretical, historical, and empirical work that the authors bring to bear is a welcome addition to the literature in this field.' Marie Failinger, University of Illinois Law Review Online
'… this is an excellent collection. For those looking at how family law and religion interact in the United States, it is a one-stop shop filled with everything they could possibly need.' Russell Sandberg, Ecclesiastical Law Journal
Descriere
Examines clashes over religious liberty spanning the life cycle of families - from birth to death.