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Law and Religion: National, International, and Comparative Perspectives, Second Edition

  • W. Cole Durham
  • Brett G. Scharffs
Series / Aspen Select Series
Teaching Materials

Offering extensive international and comparative law materials, as well as discussion of key United States First Amendment cases, international experts Durham and Scharffs bring vision and scope to the study of Law and Religion. The text and its continually updated online Supplement support courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment.

New to the Second Edition:

  • National: Recent U.S. court cases and legislative moves dealing with religion in conflict with anti- discrimination norms, including immigration; same-sex marriage; and conscientious objection by religious organizations, government officials, pharmacies, businesses (including “wedding vendors”) to providing products, services, and insurance benefits in violation of religious beliefs
  • International: Landmark religion cases in Canada, Europe, and Asia involving such issues as women’s rights, law school accreditation, display of religious symbols and wearing of face coverings in public (including schools); persecution of religious minorities, including prosecution for blasphemy; discussion of new levels of and responses to religious extremism
  • Comparative: Discussions across multiple jurisdictions of such issues as education, tax, government regulation of religion, and women’s issues, such as genital cutting (worldwide, including U.S.) and divorce (“triple talaq” in India, Shari’a arbitration in Canada, and Shari’a councils in the U.K.)

Professors and students will benefit from:

  • Traditional law and religion course coverage of U.S. materials, including the major Free Exercise and Establishment Clause cases ¿ Comparative law cases and materials reflecting more than fifty countries and regions, and which include corporal punishment; compelled patriotic observances; state funding of religions; autonomy of religious organizations to choose personnel and provide services; conscientious objection in the military and in personal, employment, and educational settings; parameters of speech regulation, including hate speech and speech that offends religious sensibilities; anti- conversion laws; the rights of women in tension with religious claims of exclusion and divorce practices; and much more
  • International law materials, including:
    • Key international and regional human rights instruments; 87 cases from the European Court of Human Rights; and key decisions of the Court of Justice of the European Union and the United Nations Human Rights Committee
    • Cases covering issues such as the right to register religious associations; headscarves and face coverings; religious slaughter for kosher and halal 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)
    • Responses from inside and outside the Muslim world to the rise of violent Islamist extremism
  • Islamic, Christian, Jewish, Hindu, Buddhist, and other perspectives on freedom of religion, touching on defamation of religion; the new constitution of Iraq; religious political parties in Turkey; the definition of being Jewish for rights of citizenship in Israel; the right of Muslim and Hindu women to enter sacred space in India; death sentences and extra-judicial lynching for perceived violation of blasphemy laws in Pakistan; and reactions of governments, including the government of Russia, to perceived religious extremism
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About the authors
Cole Durham
Brigham Young University

Cole Durham is internationally known for his contributions to protecting religious freedoms. In 2009, Professor Durham received the International First Freedom Award for his work. In addition to his teaching and research responsibilities, Durham is the director of BYUrsquo;s Center for Law and Religion Studies. Before teaching at the BYU Law School, Professor Durham worked as a law clerk for Judge Ainsworth, Jr. on the U.S. Court of Appeals, Fifth Circuit. He was also a Max Rheinstein fellow in West Germany in 1979, secretary of the American Association for the comparative Study of Law Executive Committee, and chair of the Comparative Law Section and Law and Religion Section of the American Association of Law Schools.

Brett Scharffs
Brigham Young University

Brett G. Scharffs is the associate director of the International Center for Law and Religion Studies. His scholarly interests are law and religion, corporate law, international business law and philosophy of law. Professor Scharffs clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals, D.C. Circuit, and worked as a legal assistant to the Honorable George H. Aldrich at the Iran-U.S. Claims Tribunal in The Hague. Before teaching at BYU, he worked as an attorney for the New York law firm, Sullivan Cromwell. Before coming to BYU Law School, he taught at Yale University and the George Washington University Law School. He is currently serving as Chair of the Law and Religion section of the American Association of Law Schools.

Product Information
Second Edition
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Copyright Year
Constitutional Law
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