Faulkner Law Review

Articles from Vol. 4, No. 2, Spring

Are Religious Arbitration Panels Incompatible with Law? Examining "Overlapping Jurisdictions" in Private Law
INTRODUCTION Those of us who are members of the academic community here at Faulkner owe a debt of gratitude to the Faulkner Law Review for organizing this new fall symposium. Thank you to the editors and staff of the Faulkner Law Review for your...
Conscience as Contract. Conscience as Covenant
I. INTRODUCTION This essay is oriented in two main directions. First, I will provide a working definition of conscience. (1) Second, I will develop two ways of thinking about the outworking of conscience in the patient-physician relationship that...
Conscience Legislation, the Personhood Movement, and Access to Emergency Contraception
INTRODUCTION In the medical setting, conscience legislation serves to protect health care professionals who refuse to provide certain procedures or services that would violate their consciences. (1) The "Personhood Movement," on the other hand,...
Law, Religion, and Culture Intertwined: A Case Study in the Development of American Jewish Law
ABSTRACT Law and religion share an underlying structure built on commandments and corresponding commitments. They also share a space in the formal regulation of a person's daily life. Oftentimes, they attempt to legislate in the same specific areas,...
Not Only the Doctor's Dilemma: The Complexity of Conscience in Medicine
I am going to begin by telling you about Dr. Willie Parker who grew up here in Alabama and studied to become an obstetrician-gynecologist. Dr. Parker spent the first dozen years of his career without thinking much about abortion. But over the years,...
Rethinking the Law, Not Abandoning It: A Comment on "Overlapping Jurisdictions"
INTRODUCTION In an extraordinary outpouring of work, John Witte and Joel Nichols have offered students of law and religion a careful, nuanced examination of the relationship between marriage, religion, and the law. (1) It is, Witte rightly notes,...
The Establishment Clause and Legislative Prayer: Differentiating Tradition from Religion: Pelphrey V. Cobb County
I. INTRODUCTION George Washington rightly observed that "[r]eligious controversies are always productive of more acrimony and irreconcilable hatreds than those which spring from any other cause." (1) In Pelphrey v. Cobb County, Georgia, the Eleventh...
Who Governs the Family? Marriage as a New Test Case of Overlapping Jurisdictions
"Overlapping jurisdictions"--the theme of this symposium--is at the heart of some of the most volatile issues that arise under the First Amendment and attendant federal and state statutes guaranteeing religious freedom. The notion of "overlapping jurisdictions"...