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Balala, “Islamic Finance and Law”

islamic-finance-and-law-theory-and-practice-in-a-globalized-worldNext month, I.B. Tauris will publish Islamic Finance and Law: Theory and Practice in a Globalized World by Maha-Hanaan Balala (Oxford). The publisher’s description follows.

Islamic commercial and financial practice has not experienced the trial-and-error style of development that has characterized the development of the common law in the English-speaking world. Many of the principles, rules and practices prevalent in the Islamic law of contract, commerce, finance and property remain the same as those outlined by the Quran and the Prophet Muhammad, and expounded by scholars of jurisprudence as far back as the 13th century, despite the advancement in time and sophistication of commercial interaction. Hanaan Balala here demonstrates how, in order to bridge the gap between the principles outlined by the Quran and the Prophet in the 7th century and commercial practice in the 21st century, Islamic finance jurisdictions need to open themselves to learning from the experience (including the mistakes) of the English common law. “Islamic Finance and Law: Theory and Practice in a Globalized World” provides an analysis of the fundamental principles underlying the Islamic law of contract and commercial practice in comparison with their equivalents in common law in the English-speaking world. It seeks to draw parallels (and differences where appropriate) to facilitate the growth and development of Islamic commercial and financial law globally.

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CLR Podcast on Sebelius v. Hobby Lobby

In our most recent podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss last week’s oral argument in Sebelius v. Hobby Lobby, the Contraception Mandate case. We address the background of the litigation, the rhetorical strategies adopted by each side, and the major doctrinal questions the Court will need to resolve. We also make predictions about how the Justices will ultimately rule. The podcast will be useful for students and others looking for an introduction to this extremely important case.

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Barry & Abo-Zena (eds.), “Emerging Adults’ Religiousness and Spirituality”

9780199959181This April, Oxford University Press will publish Emerging Adults’ Religiousness and Spirituality: Meaning-Making in an Age of Transition edited by Carolyn McNamara Barry (Loyola University Maryland) and Mona M. Abo-Zena (Brown University). The publisher’s description follows.

Although most American children are raised in a faith tradition, by the time they reach their early twenties their outward religious expression declines significantly, with many leaving the faith in which they were raised in favor of another faith or none at all, though many still claim that religion and spirituality are important. Reasons for this change in religious behavior include adolescents’ forging their own identities, increased immersion in contexts beyond the family, and exposure to media. As emerging adults encounter events such as attending university, breaking up with a romantic partner, and traveling, they are likely to make sense out of them, a process known as meaning-making. Thus, coming into one’s own takes on great prominence during the years of emerging adulthood (18-29), making it ripe for religious and spiritual development.

Emerging Adults’ Religiousness and Spirituality seeks to understand how the developmental process of meaning-making encompasses American emerging adults’ religiousness and spirituality. This volume does not focus on disentangling religion and spirituality conceptually, but rather emphasizes their centrality in the psychology of human development. It highlights the range of experiences and perspectives of emerging adults in the U.S. grounded in social context, social position, and religious or spiritual identification. Chapters are written by an interdisciplinary group of authors and explore topics such as the benefits and detriments of religiousness and spirituality to emerging adults; contexts and socializing agents such as parents and peers, the media, religious communities, and universities; and variations of religiousness and spirituality concerning gender, sexuality, culture, and social position. Using a developmental lens and focusing on a significant period within the lifespan, this volume embodies the key aspects of a developmental perspective by highlighting specific domains of development while considering themes of continuity and discontinuity across the lifespan.

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Dixon & Ginsburg (eds.), “Comparative Constitutional Law in Asia”

comparative-constitutional-lawThis April, Edward Elgar Publishing will publish Comparative Constitutional Law in Asia edited by Rosalind Dixon (University of New South Wales, Australia) and Tom Ginsburg (University of Chicago). The publisher’s description follows.

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions. The authors – leading comparativists from around the world – illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention. This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.

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Next Year in Jerusalem

fromAustrian

Issues of law and religion have always interested CLR Student Fellow Jessica Wright 3L, particularly as they relate to the Middle East. The following is a reflection on her recent trip to Jerusalem, during which she considered the religious, legal, and political issues that continue to divide the region.

Our taxi wound around the outskirts of Jerusalem, the city unfolding slowly before us beneath the dusty haze that had lingered since our arrival two days earlier. The Berlin-esque feel of Tel Aviv with its trendy cafes, beach-front hangouts, and laissez-faire attitude seemed a distant memory as we watched Haredim in their long black coats and black hats hurrying down the streets, weaving in and out of a stream of conservatively-dressed women pushing prams. Traffic ground to a halt somewhere between the entrance to Jerusalem and our hotel near the Old City, and our driver informed us that several streets had been closed because of a mass “ultra-Orthodox” protest against the draft.

The draft protest is indicative of larger issues having to do with community and identity in the region. Israel has been called the only liberal democracy in the Middle East, but it is a democracy with an important condition, one that Prime Minister Netanyahu made clear at the White House as I began my sojourn to the Holy Land. He said the only pathway to peace begins with Palestinian acceptance of Israel as a Jewish state. Of course, as the New York Times observed earlier this year, “this issue underpins all others [and] is exactly what makes it unacceptable to Palestinians. At its heart, it is a dispute over a historical narrative that each side sees as fundamental to its existence.” The question concerning what it means to describe Israel as a Jewish state is as relevant today and perhaps as vexed as it was in 1948.

The first night in Jerusalem, we found ourselves at the Old Bezalel Art School with Israeli friends. Our conversation eventually turned to the significance of the Israeli state and the importance of community. One friend argued that the land itself is significant because it allows one to experience Judaism as a public way of life. The traditional religious rituals become less important, she said, because identification with Judaism is about living in the state of Israel and being part of that community. But Israeli nationalism, it turns out, is not a wholly secular enterprise for most Israelis. Along with flying the flag, serving in the army, and speaking Hebrew, there is a religious narrative upon which identity is ultimately based. The particularities of the narrative vary widely. While sharing the same religious texts, the various Jewish communities within Israel have different histories and Read more

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McCrea, “Religion and the Public Order of the European Union”

9780198713944Next month, Oxford University Press will publish Religion and the Public Order of the European Union by Ronan McCrea (University College London). The publisher’s description follows.

Ronan McCrea offers the first comprehensive account of the role of religion within the public order of the European Union. He examines the facilitation and protection of individual and institutional religious freedom in EU law and the means through which the Union facilitates religious input and influence over law. Identifying the limitations on religious influence over law and politics that have been required by the Union, it demonstrates how such limitations have been identified as fundamental elements of the public order and prerequisites EU membership.

The Union seeks to balance its predominantly Christian religious heritage with an equally strong secular and humanist by facilitating religion as a form of cultural identity while simultaneously limiting its political influence. Such balancing takes place in the context of the Union’s limited legitimacy and its commitment to respect for Member State cultural autonomy. Deference towards the cultural role of religion at Member State level enables culturally-entrenched religions to exercise a greater degree of influence within the Union’s public order than “outsider” faiths that lack a comparable cultural role. Placing the Union’s approach to religion in the context of broader historical and sociological trends around religion in Europe and of contemporary debates around secularism, equal treatment, and the role of Islam in Europe, McCrea sheds light on the interaction between religion and EU law in the face of a shifting religious demographic.

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Miller, “The Age of Evangelicalism”

9780199777952Next month, Oxford University Press will publish The Age of Evangelicalism: America’s Born-Again Years by Steven P. Miller (Webster University). The publisher’s description follows.

At the start of the twenty-first century, America was awash in a sea of evangelical talk. The Purpose Driven Life. Joel Osteen. The Left Behind novels. George W. Bush. Evangelicalism had become so powerful and pervasive that political scientist Alan Wolfe wrote of “a sense in which we are all evangelicals now.”

Steven P. Miller offers a dramatically different perspective: the Bush years, he argues, did not mark the pinnacle of evangelical influence, but rather the beginning of its decline. The Age of Evangelicalism chronicles the place and meaning of evangelical Christianity in America since 1970, a period Miller defines as America’s “born-again years.” This was a time of evangelical scares, born-again spectacles, and battles over faith in the public square. From the Jesus chic of the 1970s to the satanism panic of the 1980s, the culture wars of the 1990s, and the faith-based vogue of the early 2000s, evangelicalism expanded beyond churches and entered the mainstream in ways both subtly and obviously influential.

Born-again Christianity permeated nearly every area of American life. It was broad enough to encompass Hal Lindsey’s doomsday prophecies and Marabel Morgan’s sex advice, Jerry Falwell and Jimmy Carter. It made an unlikely convert of Bob Dylan and an unlikely president of a divorced Hollywood actor. As Miller shows, evangelicalism influenced not only its devotees but its many detractors: religious conservatives, secular liberals, and just about everyone in between. The Age of Evangelicalism contained multitudes: it was the age of Christian hippies and the “silent majority,” of Footloose and The Passion of the Christ, of Tammy Faye Bakker the disgraced televangelist and Tammy Faye Messner the gay icon. Barack Obama was as much a part of it as Billy Graham.

The Age of Evangelicalism tells the captivating story of how born-again Christianity shaped the cultural and political climate in which millions of Americans came to terms with their times.

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