Law and Religion: National, International, and Comparative Perspectives
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Law and Religion: National, International, and Comparative Perspectives
W. Cole Durham, Jr. and Brett G. Scharffs, eds.
Wolters Kluwer Legal Education / Aspen Select Series , 2nd edition, 2019

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:

    o 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 

    o 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) 

    o Responses from inside and outside the Muslim world to the rise of violent Islamist extremism

● Muslim, 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

Teaching materials include: 

● Online supplement containing: 

   o Links to full texts of: 

      ▪ all cases referenced in the casebook 

      ▪ cases appearing in the first edition and deleted in the second

      ▪ new cases decided after publication of the second edition 

      ▪ all relevant national and international instruments 

      ▪ many other documents referenced in the text 

      ▪ current headlines and commentaries about issues of interest 

   o Teacher’s Manual and PowerPoint slides 

   o Modules for adapting the text for regional use 

   o Foreign language documents, added as they become available