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Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.
Gender and Law: Theory, Doctrine, Commentary, Eighth Edition is organized around theoretical frameworks, showing different conceptualizations of equality and justice and their impact on concrete legal problems. The text provides complete, up-to-date coverage of conventional “women and the law” issues, including employment law and affirmative action, reproductive rights, LGBTQ issues, domestic violence, rape, pornography, international women’s rights, and global trafficking. Showing the complex ways in which gender permeates the law, the text also explores the gender aspects of subject matters less commonly associated with gender, such as property, ethics, contracts, sports, and civil procedure. Throughout, the materials allow an emphasis on alternative approaches and how these approaches make a difference. Excerpted legal cases, statutes, and law review articles form an ongoing dialogue within the book to stimulate thought and discussion and almost 250 provocative “putting theory into practice” problems challenge students to think deeply about current gender law issues. New to the Eighth Edition: The book now begins with an introductory chapter that previews the five major theoretical frameworks that shape the book: Formal Equality, Substantive Equality, Difference, Non-subordination, and Autonomy. It also introduces three critical perspectives that interrelate and enrich the study of gender—queer theory, intersectionality analysis, and masculinity theory. By introducing these critiques and adjacent theories from the outset, later chapters can integrate and build on these interrelations in specific areas of coverage. Putting Theory into Practice problems that pose cutting-edge, current issues are included throughout each chapter. Updated and more sustained attention to gender identity and non-binary identities throughout the book. Materials raising questions and critique about the intersection of race and gender are covered in greater depth. Materials and questions about masculinity as an aspect of gender are now integrated throughout the book instead of being covered discretely in a single chapter. Expanded coverage of the ERA and the renewed efforts to secure ratification. Materials on gender equity in the legal profession have been updated and new coverage has been added on women in leadership, including women in politics. The materials on public accommodations discrimination now include Masterpiece Cakeshop v. Colorado Civil Rights Comm’n as a principal case. An extensively revised and comprehensive teacher’s manual includes references to additional materials and updated suggestions of audio and video clips from films, documentaries, news programs, and television and radio series for the book’s main substantive topics.
In this work, Professors Rosenfeld and Mancini have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today's most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, and same-sex marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate's terms.