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Religion & Law

Mirror of Justice

Dedicated to the development of Catholic legal theory.

Post Frequency: 46.4/day

Last Entry: April 01, 2011 at 15:50:36

Mahoney, immigration, language

Posted on April 27, 2010
Like Eduardo and others -- including, apparently, Cardinal Mahoney -- I think the recently enacted Arizona law is misguided. Rob asks about the appropriateness of Mahoney's language condemning the bill. I have to admit (and, of course, this might reflect...

Arizona Immigration Law

Posted on April 27, 2010
[Cross posted at dotCommonweal] Cornell Clinical Law Professor and conservative blogger William Jacobson argues that the Az. immigration law is not racist and does not encourage racial profiling. He says: The law does not authorize unlawful stops, but only permits...

Cardinal Mahony on the Arizona immigration law

Posted on April 27, 2010
I believe that the new Arizona immigration law is a bad idea on several levels. Cardinal Roger Mahony obviously agrees that it's a bad law, and I wonder about what others think about how he expressed his opposition to the...

Newdow on Scalia on the Establishment Clause

Posted on April 27, 2010
Michael Newdow has posted his paper, Question for Justice Scalia: Does the Establishment Clause Permit the Disregard of Devout Catholics? Here's (an excerpt of) the abstract: In June 2005, Justice Antonin Scalia contended that 'the Establishment Clause...

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"Morality, Rationality, and Natural Law"

Posted on April 27, 2010
Public Discourse today published a short essay of mine entitled "Morality, Rationality, and Natural Law." It is a slightly expanded version of a contribution I made to a Templeton Foundation symposium on the question: "Does Morality Depend on Reasoning?" The...

David Forte on Hadley Arkes

Posted on April 27, 2010
A Ministry to Those Who Reason by David Forte of Cleveland State University School of Law Reason and truth brought Hadley Arkes to the Church. And the Church has brought him to Christ. On Saturday last, April 24, Hadley received...

The operation of divine grace on Hadley Arkes

Posted on April 26, 2010
Evelyn Waugh described his masterpiece Brideshead Revisited as a story about "the operation of divine grace on a diverse but closely connected group of characters." Yesterday, I had the profoundly moving experience of witnessing the operation of grace on a...

The past month of media coverage . . .

Posted on April 26, 2010
If you haven't read this weekend's assessment by the New York Times' public editor of the newspaper's coverage of Pope Benedict and the sex abuse crisis, you should. (The conclusion -- Surprise! -- is that the paper has behaved responsibly.)...

Individual Rights vs. Institutional Identity in Health Care

Posted on April 26, 2010
I just posted the paper that was my contribution to BYU's symposium on rights of conscience in health care. Titled Individual Rights vs. Institutional Identity: The Relational Dimension of Conscience in Health Care, it is taken in significant part from...

Media coverage reflections...

Posted on April 26, 2010
Thanks to Rob for his commentary and juxtaposition of the Clark Hoyt ?Questioning the Pope? (The New York Times, April 24) and Ross Douthat?s ?The Pontiff and the Press? (The New York Times, April 21). As is the case with...

Steve Gilles on Roe's Life-or-Health Exception

Posted on April 24, 2010
I just finished another semester teaching con law and another effort, which always comes toward the end of the semester, to explore the "life or health of the mother" exception that Roe and Casey require for abortion laws even post-viability....

God, Philosophy, Universities

Posted on April 24, 2010
I was fortunate enough to be able to attend the lecture and dinner celebrating the life and work of Alasdair MacIntyre and the 10th anniversary of Notre Dame's Center for Ethics and Culture this past Thursday. The Reverend John Jenkins,...

A wonderful visit to Cornell Law School

Posted on April 24, 2010
I had the honor today of giving the 2010 Frank Irvine Lecture at Cornell Law School. What a pleasure it was to meet in person my MoJ brothers Eduardo Penalver, Bob Hockett, and Steve Shiffrin. They were exceptionally gracious hosts....

Freedom of association: Not just for Boy Scouts anymore . . .

Posted on April 22, 2010
Some gay rights organizations have stood up for the right of associations to make their own membership decisions, even if not everyone approves of those decisions. Hopefully more organizations will see the danger to group identity posed by the sweeping...

Happy Earth Day!

Posted on April 22, 2010
Apparently Earth Day is big business now, but I'm the last person who should be judging others about the corruption of the day. On certain occasions -- such as the annual post-Christmas-present-unwrapping stupor or the periodic realization that I carry...

Inazu on the Freedom of Association

Posted on April 21, 2010
Yesterday, the Court heard arguments in the Christian Legal Society case. This paper, by John Inazu, might make for timely reading: The Unsettling ?Well-Settled? Law of Freedom of Association John D. Inazu Duke University School of Law Abstract: This article...

Interesting data about "political" churches

Posted on April 21, 2010
It is often asserted, and -- it seems to me -- widely believed that "conservative" Evangelical churches and congregations are pervasively and distinctively politicized. Maybe not. First, notwithstanding extensive media coverage of political mobilization within conservative churches, conservative white Protestant...

"Disestablishing the Family"

Posted on April 21, 2010
I have not yet read this paper, but I plan to: Disestablishing the Family Alice Ristroph Seton Hall University - School of Law Melissa E. Murray University of California, Berkeley - School of Law Abstract: This Essay explores what it...

Catholic charter schools?

Posted on April 21, 2010
A few days ago, Paul Moses blogged about the recently announced decision by the Archdiocese of Indianapolis to convert some Catholic schools into (public) charter schools . . . and to run those schools through "a corporation that it controls."...

Celebrating Alasdair MacIntyre and the Center for Ethics & Culture

Posted on April 21, 2010
If you are in "Chicagoland", or "Michiana", tomorrow, consider joining the community at Notre Dame as we celebrate the tenth anniversary of the Center for Ethics & Culture with a wonderful event: On April 22, 2010, we will celebrate the...

A roundtable on Pope Benedict's fifth anniversary

Posted on April 20, 2010
Here, from the Ignatius Press blog, is a collection of reflections on the Pope's fifth anniversary. Fr. James Schall's, on the Pope as "scholar", caught my eye: The three functions traditionally attributed to a pope are to teach, to sanctify,...

Conservatives and contraception

Posted on April 20, 2010
June Carbone and Naomi Cahn, via Andy Koppelman, continue to ask the question, in reply to Michael New's response, "Why are conservatives so afraid of contraception?"

More on "pluralism" and its importance, and on Hertzberg

Posted on April 20, 2010
Michael re-posted, here, Eduardo's comments on Hendrik Hertzberg's New Yorker piece, "Indulgence". According to Hertzberg, The iniquities now roiling the Catholic Church are more shocking than the ones that so outraged Martin Luther. But the broader society in which the...

Robert George at Cornell, April 23

Posted on April 20, 2010
MOJ readers (or at least, any who happen to be in Ithaca this Friday) might be interested in this talk:

Jean Porter this Fall at Villanova

Posted on April 20, 2010
Patrick asked us, here, to save the date. Joseph T. McCullen Symposium on Catholic Social Thought and Law Symposium on Jean Porter, Ministers of the Law: A Natural Law Theory of Legal Authority (Eerdmans, 2010) Villanova University School of Law...

Thanks to Eduardo for this ...

Posted on April 20, 2010
... posted at dotCommonweal: Thank God for Pluralism April 19, 2010, 8:15 pm Posted by Eduardo Pe�alver Via Andrew Sullivan, Hendrik Hertzberg suggests that the Church may ultimately owe a debt of gratitude to the pluralism of modern society: The...

Kung and the Credibility Crisis

Posted on April 20, 2010
I just had a look at the "open letter" by Hans Kung that Michael P. posted for us. Although I've never been an admirer of Fr. Kung's work, he is plainly an intelligent and learned man. This piece, however, which...

"We will never forget"

Posted on April 19, 2010
Today, we remember the lives lost or broken in a brief moment at 9:02am on April 19, 1995.

"A Call to Justice"

Posted on April 19, 2010
Five years ago, Michael S. posted this: Joseph Cardinal Ratzinger was the principal celebrant and homilist at a mass celebrated March 18 for the participants of a conference sponsored by the Pontifical Council for Justice and Peace entitled "A Call...

"Light in a New Dark Age"

Posted on April 19, 2010
Here, in an essay published five years ago, are some of George Weigel's thoughts on the election of Pope Benedict XVI.

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