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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

Academic Freedom and Catholic Universities

Posted on February 04, 2010
Today, my distinguished colleague in Theology, Jean Porter, had this letter published in the South Bend Tribune: As a member of the faculty of the University of Notre Dame, I was dismayed to learn that the university sponsored faculty and...

Harry Knox: Pope Benedict is "hurting people in the name of Jesus"

Posted on February 04, 2010
Harry Knox, who serves on President Barack Obama?s Advisory Council on Faith-Based and Neighborhood Partnerships, is standing by a statement he made last March that Pope Benedict XVI is ?hurting people in the name of Jesus.? When asked on Tuesday...

Conference Announcement: The Edith Stein Project 2010

Posted on February 04, 2010
On February 12-13, Notre Dame will host the annual Edith Stein Conference. This year's conference is titled "No Man is an Island: Creature, Culture, & Community. As a proud father, I have to mention that one of the featured speakers...

Conference Announcement: Signs of the Times: The First Amendment and Religious Symbolism

Posted on February 04, 2010
On the afternoon of February 12, the University of Oklahoma and the Oklahoma Law Review will hold a symposium entitled "Signs of the Times: The First Amendment and Religious Symbolism." Featured speakers include MOJ'ers Tom Berg and Eduardo Penalver. I...

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State and Society in U.K. (or, the Conservative Party evolves)

Posted on February 04, 2010
Margaret Thatcher once (in)famously said, "There is no such thing as society." Things change, apparently. Here is an interesting poster being sold by the Conservative Party in the U.K. It seems the thinker behind this development is a theologian named...

Koppelman on Leiter on Religion

Posted on February 04, 2010
Andy Koppelman has posted his new paper, No Respect: Brian Leiter on Religion. Here's the abstract: In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that...

New journal of interest

Posted on February 04, 2010
MoJers might want to check out DePaul's new Journal of Religion and Business Ethics. The inaugural issue features articles by my St. Thomas colleagues Bob Kennedy ("The Practice of Just Compensation") and Mike Naughton ("Culture as the Basis of the...

A response to Rob?s ?Whom Should A Catholic Law School Honor??

Posted on February 03, 2010
Thanks to Rob for bringing to our attention his recent and engaging paper entitled ?Whom Should A Catholic Law School Honor?? [Rob?s post here] I am responding to his welcome for comment and input. At the outset, I find myself...

Response to Elizabeth on the Kissling-Michelman Super Bowl essay

Posted on February 03, 2010
Here is the last paragraph of the K&M essay: So here's our Super Bowl strategy for the choice movement. We'd go with a 30-second spot, too. The camera focuses on one woman after another, posed in the situations of daily...

On the Roeder conviction

Posted on February 03, 2010
The column by Jill Stanek (link) seems to me the best analysis I've seen in the popular press. It seems to me that unless "unreasonable mistake re justification" in Kansas law refers only to mistakes of naked facts, as opposed...

My esteemed colleague, Michael Kang, on Citizens United

Posted on February 03, 2010
[Michael, posting at Concurring Opinions, writes:] Justice Kennedy frames his majority opinion in Citizens United around the basic issue whether ?the Government may impose restrictions on certain disfavored speakers,? namely corporations, but in so doing, Justice Kennedy asks the wrong...

My response to Rick remains what it was on February 1

Posted on February 03, 2010
And here it is, posted in response to Rick's post earlier the same day: "The passage in my book that Rick cites is about cases in which there are First Amendment--political process--values on one side and non-political-process values on the...

"Perry-esque": Another quick response to Michael

Posted on February 03, 2010
I wrote, in an earlier post, that "an appropriate (and Perry-esque) conception of the judicial role, and the best understanding of the Constitution seem to me to be in happy alignment." In response, Michael says: That seeming makes sense if,...

"an appropriate (and Perry-esque) conception of the judicial role"

Posted on February 03, 2010
"... an appropriate (and Perry-esque) conception of the judicial role, and the best understanding of the Constitution seem to me to be in happy alignment." That seeming makes sense if, but only if, the competing First Amendment position--the position of...

Interesting Defense of the Tebow Ad

Posted on February 03, 2010
Kate Michelman, former president of NARAL Pro-Choice America, and Frances Kissling, former president of Catholics for Choice, published an interesting defense of the Tebow ad in the Washington Post, analyzing it as an example of how effective the pro-life movement...

A quick response to Michael re: Citizens United

Posted on February 03, 2010
Michael Perry is right. I would, as a legislator, have voted against the restrictions on political advertising that were struck down in Citizens United. And, I would have done so because, in my view, those restrictions were -- in addition...

Rabbi David Novak on homosexual conduct, reason, and disgust

Posted on February 03, 2010
In a post entitled "Who is David Novak . . . and why does it matter?" Michael P. has called our attention to a blurb provided by Rabbi David Novak for a new book by Martha Nussbaum in which she...

More on the Court's misadventure in Citizens United

Posted on February 02, 2010
In his online column today, here, the wonderful Stanley Fish helpfully identifies and elaborates the First Amendment philosophy of the majority in Citizens United and the First Amendment philosophy of the four dissenters. (Do yourself a favor: read the column...

Nitpicking the Tebow Ad

Posted on February 02, 2010
Honestly,I think it's verging on petty to be complaining about the Tebow ad because of all the little collateral messages one could read into it, like Rob's concern about only celebrating dramatically successful lives, or Saletan's concern about underplaying the...

Is the Tebow ad dangerous?

Posted on February 02, 2010
As I've stated before, I think it's great that there will be an ad during the Super Bowl celebrating life, and I thank Tim Tebow and his mom for having the courage to step up on an issue like this....

Do Catholics have a sense of humor?

Posted on February 01, 2010
I wonder if Bill Donohue would like this commercial for rubber cement (here).

Reflections on Ralph McInerny's work, life, person, and legacy

Posted on February 01, 2010
Some nice reflections -- including one by MOJ-friend John O'Callaghan -- are collected, here, at "The Catholic Thing."

"If you're going to San Francisco, be sure to wear some flowers in your hair ..."

Posted on January 31, 2010
[Apologies to Scott McKenzie.] The University of San Francisco, that is, on February 26, 2010. (In case anyone doesn't know, USF is a Jesuit institution, as is my, and Robert Araujo's, alma mater, Georgetown, and my wife's alma mater, the...

O'Callaghan remembers McInerny

Posted on January 30, 2010
MOJ-friend and Notre Dame philosopher (and long-time friend, colleague, and student of McInerny) sends this: John O?Callaghan for Ralph McInerny ?Well done, good and faithful servant.? No one?s life can be counted in earthly words. Even Ralph who wrote so...

What is stare decisis?

Posted on January 30, 2010
Thanks to Michael P. for offering his thoughtful commentary on the recent Supreme Court decision in Citizens United. The decision has recently been critiqued on the ground that the majority did not follow precedent and undermined stare decisis. Readers and...

Personal Reflection on Abortion and Equality

Posted on January 30, 2010
MOJ friend, St. Thomas law professor, OU law graduate, and candidate for Congress, Teresa Collett reflects here on the misguided notion that equality for women requires that abortion be legal.

Citizens United

Posted on January 29, 2010
Something fundamental is being overlooked in all the brouhaha about SCOTUS?s decision in Citizens United, and it is this: Unless one assumes?arrogantly assumes?that there is only one reasonable position on the First Amendment issue in the case, namely, one?s own...

Who is David Novak ... and why does it matter?

Posted on January 29, 2010
David Novak, who taught at the University of Virginia and now teaches at the University of Toronto, is an acclaimed Jewish scholar; he is also, inter alia, a sometime contributor to First Things (e.g., here and here). It bears mention...

Conscience and the Common Good

Posted on January 29, 2010
For those of you unwilling to commit to buying a book unless you've had the opportunity to read an overview of its argument, I've posted an essay that lays out my book's thesis. The essay is taken from a mini-symposium...

Ralph McInerny RIP

Posted on January 29, 2010
Our readers might be interested in Joseph Bottum's blog post on Ralph McInerny (1929-2010). Eternal rest grant unto him O Lord, And let perpetual light shine upon him.

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