JLR volume 19 issue 2 Cover and Front matter

of Law and Religion Volume XIX Articles Number 2 2003-2004 Internationalism and Divine Law: A Baha'i Perspective Roshan Danesh Juristic Authority vs. State Power: The Legal Crises of Modern Islam Wael B. Hallaq The Legitimacy of Medieval Proof Pausing Upon Portia H.L. Ho Trisha Olson The Religion Provisions of the Nebraska Constitution: An Analysis and Litigation History Jeremy Patrick The Market and Social Welfare in Australia: The Creation of an "Enterprise Theology" Malcolm Voyce Heretics in the Temple of Law: The Promise and Peril of the Religious Lawyering Movement Robert K. Vischer Book Review God, Locke, and Equality: Christian Foundations in Locke's Political nought, by Jeremy Waldron John E. Coons Downloaded from https://www.cambridge.org/core. IP address: 168.151.137.82, on 27 Sep 2017 at 22:49:12, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0748081400003325 Sponsored by: Hamline University School of Law Published by: Hamline University School of Law ISSN: 0748-0814 Downloaded from https://www.cambridge.org/core. IP address: 168.151.137.82, on 27 Sep 2017 at 22:49:12, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0748081400003325 THE JOURNAL OF LAW AND RELIGION V O L U M E XIX 2003-2004 NUMBER 2 EDITORIAL STAFF Editor MARIE A. FAILINGER, Hamline University School of Law Associate Editors PATRICK KEIFERT, Luther Theological Seminary H O W A R D J. VOGEL, Hamline University School of Law Book Review Editor STEVEN D. SMITH, San Diego School of Law Technical Editors M A R Y L. DUNNEWOLD, Hamline University School of Law STEPHEN LIEBO, Hamline University School of Law Production/Subscription Manager LINDA BERGLIN, Hamline University School of Law EDITORIAL ASSISTANTS ANDREA COBERY AMANDA DECKER MICHAEL HEISE JOHN KULESZ REBECCA PlNERO JOHN S A N D O W S K I SARA SMITH EDITORIAL BOARD ELIZABETH MENSCH, State University of New York at Buffalo, School of Law, Chair AZIZAH AL-HlBRI, T.C. Williams School ofLaw, University of Richmond STEPHEN L. CARTER, Yale Law School PAULA COOEY, Macalester College ANTHONYE. COOK, Georgetown University Law Center MARIE FAIUNGER, Hamline University School of Law Ex Officio JON M. CARON, Hamline University School of Law EMILY ALBR1NK HARTIGAN, Saint Mary's University of San Antonio School of Law AFRAJALABI, Islamic Scholar, lie Perrot, Quebec JOSE ROBERTO JUAREZ, Saint Mary's University of San Antonio School of Law PATRICK R. KEIFERT, Luther Theological Seminary HOWARD LESNICK, University of Pennsylvania Law School ROBIN LOVIN, Perkins School of Theology, Southern Methodist University Downloaded from https://www.cambridge.org/core. IP address: 168.151.137.82, on 27 Sep 2017 at 22:49:12, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0748081400003325 NANCYMlLLER-HERRON, Attorney at Law, Dresden, Tennessee. Secretary THOMAS PORTER, JUSTPEACE Centerfor Mediation & Conflict Transformation RICHARD QUINNEY, Professor Emeritus, Northern Illinois University EARL SCHWARn, Hamline University STEVESD. SMITH, San Diego School of Law Ex Officio DARRYL TRIMIEW, Colgate Rochester Crozer Divinity School AMELIA UELMEN, Fordham University School of Law HOWARD J. VOCEL Hamline University School of Law, Treasurer Downloaded from https://www.cambridge.org/core. IP address: 168.151.137.82, on 27 Sep 2017 at 22:49:12, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0748081400003325 ADVISORY COMMITTEE TAHA JABER AL-ALWANI, Graduate School of Social and Islamic Sciences ZAFAR ISHAQ ANSARI. International Institute of Islamic Thought, Pakistan RICHARD BAEPLER, Professor Emeritus, Valparaiso University School of Law • MlLNER BALL. University of Georgia School of Law HAROLD BERMAN, Emory University School of Law GER.4RD BRADLEY, Notre Dame University Law School JAMES BRESNAHAS, SJ., Professor Emeritus. Northwestern University Medical School MICHAEL J. BROYDE, Emory- University School of Law LYNN BUZZARD. Campbell University School ofLOWFRED CARNEY, Professor Emeritus, Perkins School of Theology, Southern Methodist University MOHAMED S. EL-A WA. Islamic Scholar. Cairo, Egypt CARL ESBECK, University of Missouri-Columbia School of Law EDWARD MCGLYNN GAFFNEY, JR., Valparaiso University School of Law RICHARD HlERS, University of Florida CATHLEENKAVENY, Notre Dame University Law School DAMIES KEOWN, University of London. Goldsmiths SANFORD LEVINSON, University of Texas School of Law DAVID LITTLE, Harvard University Divinity School SEYYED HOSSEIN NASR, George Washington University Louis NEWMAN, Carleton College MICHAEL PERRY, Emory University School of Law KAYPRANIS, Saint Paul, Minnesota ELISABETH SCHUSSLER FIORENZA, Harvard University Divinity School THOMAS L. SHAFFER, Notre Dame University Law School DOUGLAS STURM, Professor Emeritus. Bucknell University PETER N. THOMPSON, Hamline University School of Law CHARLES VILLA-VICENC.IO, Institute for Justice and Reconciliation, South Africa ROSALIE WAHL, Associate Justice, Retired, Minnesota Supreme Court MICHAEL WELKER, University of Heidelberg, Germany JOHN WITTE, Jr., Emory University School of Law WILSON YATES, United Theological Seminary of the Twin Cities STEPHENB. YOUNG, Attorney at Law, Saint Paul. Minnesota Downloaded from https://www.cambridge.org/core. IP address: 168.151.137.82, on 27 Sep 2017 at 22:49:12, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0748081400003325 The Journal of Law and Religion is sponsored by the Hamline University School of Law and is a interdisciplinary, interfaith academic and professional publication devoted to investigating the interaction of religion and law. 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Cite as: 19 J LAW & RELIG (2003-2004) Downloaded from https://www.cambridge.org/core. IP address: 168.151.137.82, on 27 Sep 2017 at 22:49:12, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0748081400003325 JOURNAL OF LAW AND RELIGION STA TEMENT OF PERSPECTI VE The Journal of La* and Religion was initiated in 1982 as a collaborative effort of the Council on Religion and Law and the Hamline University School of Law. It was born of a sense of historical malaise. The modem age with its strong propensity toward the secularization of all areas of life, while not without merit in its liberating effects, nonetheless has its dark side. We live, some say, in a time of profound historical crisis. Domestically and globally, we confront massive issues which force us lo reconsider, in fundamental ways, the shape and quality of our common life. 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IP address: 168.151.137.82, on 27 Sep 2017 at 22:49:12, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0748081400003325 THE JOURNAL OF LAW AND RELIGION VOLUME XIX 2003-2004 NUMBER 2 TABLE OF CONTENTS Editor's Preface XI ARTICLES Roshan Danesh Wael B. Hallaq H.L. Ho Trisha Olson Internationalism and Divine Law: A Bahd'i Perspective 209 Juristic Authority vs. State Power: The Legal Crises of Modern Islam 243 The Legitimacy of Medieval Proof 259 Pausing Upon Portia 299 The Religion Provisions of the Nebraska Constitution: An Analysis and Litigation History The Market and Social Welfare in Australia: The Creation of an "Enterprise Theology" 331 Jeremy Patrick Malcolm Voyce Robert K. Vischer Heretics in the Temple of Law: The Promise and Peril of the Religious Lawyering Movement 397 427 Downloaded from https://www.cambridge.org/core. IP address: 168.151.137.82, on 27 Sep 2017 at 22:49:12, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0748081400003325 JOURNAL OF LAW & RELIGION BOOK REVIEW John E. Coons God, Locke, and Equality: Christian Foundations in Locke's Political Thought, by Jeremy Waldron 491 Downloaded from https://www.cambridge.org/core. IP address: 168.151.137.82, on 27 Sep 2017 at 22:49:12, subject to the Cambridge Core terms of use , available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0748081400003325