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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

A free marketplace of ideas (except . . . )

Posted on March 02, 2011
Clyde Haberman is troubled by the quick removal of the anti-abortion billboard in NYC.

The "sweet mystery of life" passage and conscience protection

Posted on March 02, 2011
Prof. Mark Rienzi writes, at Public Discourse, and adapting (I think) a longer law-review piece, that the Court's Casey decision provides support for a constitutional conscience right of health-care providers to refuse to perform abortions. Worth reading.

The Woman's Movement: Has it Stalled?

Posted on March 02, 2011
....that was the headline on the front page of our local paper today, over a story about this report released yesterday by the White House: "Women in America: Indicators of Social and Economic Well-Being." The findings are old news to...

Are Christians who oppose homosexuality fit to be foster parents?

Posted on March 01, 2011
Perhaps not, at least in the U.K. While postponing the ultimate decision, the Queen's Bench division of the High Court of Justice issued this opinion yesterday: If children, whether they are known to be homosexuals or not, are placed with...

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Schragger on the Beneficent Underenforcement of the Establishment Clause

Posted on March 01, 2011
I am a fan of Richard Schragger's work on the Religion Clauses, espcially his superb piece a few years ago on the role of localism in religious liberty in which he claimed, in part, that decentralized decisions that benefit or...

Choosing Haiti

Posted on March 01, 2011
Some family friends of ours are missionaries in Haiti, and while some of their children are adopted Haitians, others are American-born. In light of our conversation yesterday about parents' purported "obligation" to value their kids' ability to choose over the...

"God's Century"

Posted on March 01, 2011
My colleague, Dan Philpott, and his co-authors Tim Shah and Monica Toft, have a new, must-read book coming out, called "God's Century." Here's some bits from the press release: Philosopher Friedrich Nietzsche famously proclaimed, ?God is dead.? Many have insisted...

A Catholic "Sullivan Principles"

Posted on March 01, 2011
John Allen's newest column describes a very promising initiative to draft a Catholic template for business ethics in the 21st Century, something analogous to the "Sullivan Principles", which worked so effectively to focus the world on practical steps that could...

A Step Further Away from the Law

Posted on March 01, 2011
Earlier today Rob posted a notice of the recent action taken by the High Court of Justice, Queen?s Bench Division directed against a Christian couple and quoted from N. 93 of the approved judgment in Eunice and Owen Johns v....

Bernard Nathanson: A Life Transformed by Truth

Posted on February 28, 2011
At 10:00 this morning, a Mass of Christian Burial will be held at St. Patrick's Cathedral for Dr. Bernard Nathanson, the abortionist and leading crusader for legalized abortion who became a powerful pro-life witness. At Public Discourse, I offer some...

Parents as facilitators of choice

Posted on February 28, 2011
Jeffrey Shulman has posted the introduction to his forthcoming book on religious parenting rights and children. He apparently wants the law to better reflect a parent's duty to prepare the child to choose a life path of their own. This...

Should Newt Gingrich's marital history be relevant to Catholic voters?

Posted on February 28, 2011
Newt Gingrich is apparently on the verge of launching his presidential bid, and he is making an effort to connect with religious conservatives. A recent convert to Catholicism, Gingrich is outspoken about the need to make space for religion in...

Catholics v. Protestants on regulating the workplace

Posted on February 28, 2011
You should check out William & Mary law prof Nate Oman's op-ed arguing that labor law is Catholic and anti-discrimination law is Protestant. An excerpt: Labor law and anti-discrimination law regulate the workplace in fundamentally different ways. Anti-discrimination laws treat...

Depravity: Finding Meaning in Doctrine, Not Abstraction

Posted on February 27, 2011
A few last thoughts on the crime of depraved heart murder in New York -- the end of my depraved trilogy. In previous posts, I accepted the received wisdom that depraved indifference murder is some sort of amalgam of extreme...

Better play it safe: choose abortion

Posted on February 27, 2011
News from the UK: The draft guidance from the Royal College of Obstetricians and Gynaecologists is for all doctors, nurses and counsellors advising women contemplating terminations. Its first recommendation on "what women need to know" instructs health professionals: "Women should...

Has a billboard ever been taken down this quickly in NYC?

Posted on February 27, 2011
The billboard I blogged about last week was taken down after a single day. Al Sharpton was set to hold a press conference decrying the billboard. According to Planned Parenthood, the billboard was "offensive and disturbing," and its creators used...

The Theology of Work and Dignity of Workers

Posted on February 27, 2011
Given our recent conversations about how Catholics should view the labor situation in Wisconsin, MoJ readers in the New York area (and even those outside the New York area) may want to make plans to be at St. John's on...

Church Autonomy on Tap?

Posted on February 25, 2011
John Elwood at Volokh discusses two law and religion cases that are scheduled at the Supreme Court's case conference today. It's interesting to me that both involve church autonomy questions -- whether and when the state ought to interfere with...

Out of sight, out of mind?

Posted on February 24, 2011
As reported in The New York Times, New York City's public advocate, Bill de Blasio, believes that this ad is "contrary to the values of New Yorkers." (The abortion rate for African Americans in NYC is 59.8%.) This raises an...

DOMA and beyond . . .

Posted on February 24, 2011
I cannot quite tell what the implications will be of the Obama administration's decision not to defend the Defense of Marriage Act in court. My understanding is that the administration didn't simply decide that DOMA is a bad law so...

Reid on Rerum Novarum and the right's demonization of labor unions

Posted on February 24, 2011
My colleague Charles Reid offers these thoughts on the situation in Wisconsin: Atomization is one of the great crises now threatening American society. Both the contemporary left and the contemporary right, in their own ways, have gone about promoting the...

Why Are We So Anxious?

Posted on February 23, 2011
In 1983, Time Magazine declared that stress was the number one American health problem. Stress contributes to heart disease, strokes, and diabetes and many other maladies. The nation now spends $300 billion dollars per year because of anxiety, and 18%...

You Know You're Doing Something Right When . . .

Posted on February 23, 2011
Frances Kissling admits your side is winning. See her op ed in the Washington Post here. For Jill Stanek's comments on Kissling's piece see here.

A good Catholic cannot support Gov. Walker's plan. Discuss.

Posted on February 23, 2011
From the Compendium of the Social Doctrine of the Church: The Magisterium recognizes the fundamental role played by labour unions, whose existence is connected with the right to form associations or unions to defend the vital interests of workers employed...

Depravity, again

Posted on February 23, 2011
Hot on the heels of my thoughts on depraved heart murder, the New York Court of Appeals today issued People v. Prindle, in which the defendant was in the process of stealing a snow plow blade (this year, I could...

The left's turn to condemn lying "in a good cause"

Posted on February 22, 2011
Some on the Catholic left have praised those of us who have criticized lying as a tactic to advance the pro-life cause. They now have an opportunity to earn our reciprocal praise. Some physicians supporting protesting teachers and other state...

Integrity and exceptionless moral norms

Posted on February 22, 2011
The recent debate among pro-lifers about legitimate and illegitimate tactics in the cause of protecting unborn babies has garnered valuable contributions from several of the pro-life movement's most dedicated, gifted, and accomplished thinkers, notably including Hadley Arkes, truly the "dean"...

Kurt Pritzl, O.P., RIP

Posted on February 22, 2011
Father Kurt Pritzl died last evening after a long battle with cancer. His death is a loss to the Church and the pro-life cause. Here is a link to a post on the University Faculty for Life blog; that post...

Bernard Williams on Professor George's Hypothetical

Posted on February 22, 2011
In thinking about the very good questions that Professor George raises below, I was reminded of some of Bernard Williams's arguments in his critique of utilitarianism (the "against" of his classic work with J.J.C. Smart). Readers are doubtless familiar with...

On the constitutionality of the individual mandate

Posted on February 22, 2011
I have a new paper (forthcoming in the University of Pennsylvania Law Review) in which I seek to provide part of a Catholic context for countering some of the overly simple libertarian opposition to the individual mandate component of the...

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