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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

Secularism and Self-Identity

Posted on March 28, 2011
Greg had a post the other day titled "The Pro-Life Generation", in which he expressed hope for the future based on the activities of Students for Life. There is another story about young people that is far less hopeful. Psychology...

Jewish law syllabus project

Posted on March 28, 2011
From Touro law prof Sam Levine: On behalf of the Jewish Law Institute at Touro Law Center, I am pleased to announce the initiation of the Jewish Law Syllabus Project. With the continuing emergence of Jewish Law as an area...

Welcome to Michael Moreland!

Posted on March 28, 2011
I'm happy to announce that Prof. Michael Moreland (Villanova) is joining the MOJ-blog-crew. Besides being an all-around good guy (notwithstanding his University of Michigan connections), Prof. Moreland knows a lot about many things. Here's a bit from his bio: Professor...

Carozza on Lautsi, and memory

Posted on March 28, 2011
The good folks at The Becket Fund have posted a discussion of the Lautsi case (about crucifixes in the classrooms of Italian schools), which features my colleague, and international-human-rights expert, Paolo Carozza. A taste: Professor Carozza points out that religious...

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Here we go! The Court grants cert. in the ministerial-exception case

Posted on March 28, 2011
Today, the Supreme Court agreed to hear (what I think is) the most important religious-freedom case in 20 years. The Supreme Court this morning granted cert in Hosanna Tabor Church v. EEOC. (More here, at the Religion Clause blog.) The...

Supreme Court grants cert in ministerial exception case

Posted on March 28, 2011
The US Supreme Court granted cert this morning in a case addressing the scope of the ministerial exception. Here is Howard Friedman's report. I am skeptical of the whole idea of this judicially created doctrine although I doubt whether the...

Stolen Valor Act case headed to the Supreme Court

Posted on March 28, 2011
That's the speculation in this Washington Post article. The article praises Judge Kozinski's opinion in the Alvarez case as an "entertaining treatise." I thought, rather, that Kozinski's opinion was one of the more depressing judicial opinions I've read in some...

Thirty-eight Years and Counting . . . But Still Reason to Be Hopeful!

Posted on March 27, 2011
On Friday we celebrated the Feast of the Annunciation, a liturgical celebration that, aside from Easter, could be described as the preeminent feast of hope. Just over two months ago we marked the thirty-eighth anniversary of Roe v. Wade, an...

The Pro-Life Generation

Posted on March 26, 2011
My high school daughter, Katie, is active with her Catholic high school's pro-life club. When the students went to the Minnesota capitol in St. Paul a couple of weeks ago to support the pending "Unborn Child Pain Prevention Act," she...

The Gospel, Grace, and Natural Law (and Marriage)

Posted on March 25, 2011
Thanks, Rob, for your comments on my views about natural law and the Gospel and grace. You are absolutely right: I do not reject reliance on the Gospel and grace. At the same time, I believe that reason, though manifestly...

The Educational Value of the Crucifix

Posted on March 25, 2011
The European Court of Human Rights' decision in Lautsi v. Italy relied almost exclusively on an analysis of what Article 2 of Protocol 1 of the Convention on Human Rights required. That provision states: "No person shall be denied the...

Helfand on the Florida "Sharia" case

Posted on March 24, 2011
Here's law prof, Michael Helfand (Pepperdine) on an arbitration case out of the Florida that was the subject of some blogosphereic and talk-radio conversation: For those still interested in this case from Florida, the judge issued an "opinion" today, which...

Crucifixes in Italian, German, and U.S. State Classrooms

Posted on March 24, 2011
The European Court of Human Rights has ruled that the presence of crucifixes in Italian state schools does not violate the freedom of religion protected by the Charter. The decision essentailly defers to the decisions that signatory countries make in...

Canon Law conference

Posted on March 24, 2011
Save the Date 2011 Canon Law Conference: August 9-10 Shrine of Our Lady of Guadalupe La Crosse, Wisconsin Host Raymond Leo Cardinal Burke Prefect of the Supreme Tribunal of the Apostolic Signatura Founder of the Shrine of Our Lady of...

Church Autonomy and Criminal Law

Posted on March 24, 2011
One does not often see the intersection of church autonomy doctrine and criminal law, but that marriage occurs in a recent New York case, People v. Afrika Owes (the decision, maybe behind a pay-wall, here) in which the Abyssinian Baptist...

"The Ethnic Captivity of Orthodox Christianity in America"

Posted on March 24, 2011
A very inteteresting piece by Peter Berger (h/t Movsesian) on the state of Orthodox Christianity in America. Here is a nice bit, with a distinct connection to law (but read the whole thing for an insightful take on the relationship...

Remembering Oscar Romero

Posted on March 24, 2011
Today is the anniversary of the murder of Salvadoran Archbishop Oscar Romero. On March 24, 1980, Romeo presided at a special evening mass. That evening he proclaimed from the Gospel of John that ?Unless a grain of wheat falls to...

Reporting on Humanae Vitae, Fr. John C. Ford, SJ and Dr. Germain Grisez

Posted on March 24, 2011
I just read an interesting article, ?New birth control commission papers reveal Vatican?s hand,? appearing in the National Catholic Reporter [here] in which the author, Mr. Gerald Slevin, asserts that Dr. Grisez (Fr. Ford died in 1989) has engaged in...

Detroit shrinks big-time

Posted on March 23, 2011
Apparently, the census does not follow Super Bowl ads: The population of Detroit has fallen back 100 years. The flight of middle-class African-Americans to the suburbs fueled an exodus that cut Detroit's population 25% in the past decade to 713,777,....

Walzer on Libya and just wars

Posted on March 23, 2011
At The New Republic, Michael Walzer makes a "case against our attack on Libya." (At the same time, Jack Goldsmith insists that -- just or not -- the attacks are constitutional, even if then-Sen. Obama seems not to have thought...

Where the abortion debate stands

Posted on March 23, 2011
At Public Discourse, reviewing the new book by my friend Chris Kaczor (Philosophy, Loyola-LA), Raymond Hain brings us up to speed on the current state of the national abortion debate. A bit: . . . Kaczor defends an endowment account...

Does military intervention in Libya comply with just war doctrine?

Posted on March 23, 2011
Thanks to Rick for flagging Michael Walzer's criticism of the West's military intervention in Libya. I agree with Walzer's concerns, but I wonder if there is a way to ground the case against the intervention in terms sounding directly in...

Cardinal Burke on "The Fall of the Christian West"

Posted on March 23, 2011
A heavy topic, no doubt, and Cardinal Burke discusses it, here. A taste: In my presentation tonight, I want to reflect with you on the crisis of Christian culture in the West and our call to build anew a strong...

"The First Amendment Is a Value-Free Provision"

Posted on March 23, 2011
I came across that, to me, strange sounding and discomfiting statement, from Meyer v. Grant, a 1988 decision, while reading the Ninth Circuit's various opinions denying rehearing en banc in United States v. Alvarez, a case in which the panel...

Heise and Sisk on Political Ideology and the Establishment Clause

Posted on March 23, 2011
I want to flag this interesting and illuminating paper by Michael Heise and our co-blogger and empirical scholar extraordinaire Greg Sisk. The abstract: In our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied Establishment...

The Future of (Catholic) Law Schools and Catholic Legal Theory

Posted on March 23, 2011
Over the past several months, a good deal of public discussion has appeared in various media sources, including web logs, about the perceived surplus of lawyers, the present cost of legal education, and the declining applicant pools of would-be law...

The Gospel, Grace, and Natural Law (and Marriage)

Posted on March 23, 2011
Joe Knippenberg notes evangelicals' support for (MoJer) Rober George's conclusions regarding marriage, but their discomfort with how he gets there. Albert Mohler writes: [A]t the end of the day, I am not very hopeful that a society hell bent on...

St. John's Center for Law and Religion: La�cit� in Comparative Perspective

Posted on March 23, 2011
The Journal of Catholic Legal Studies has just published the proceedings of a conference, La�cit� in Comparative Perspective, organized by our Center for Law and Religion (under the able directorship of Mark Movsesian) and held in Paris last year. Our...

The NYT on Bill Stuntz

Posted on March 22, 2011
Here is the NYT's obituary for Bill Stuntz. It concludes with this: Mr. Stuntz wrote extensively about the chronic pain he suffered after a back injury in 1999, saying he felt better after realizing it was futile to dream of...

Why Do We Let Girls Dress Like That?

Posted on March 21, 2011
.... wonders Jennifer Moses in this rather poignant Wall Street Journal piece subtitled: "Women of a liberated generations wrestle with their eager-to-grow-up daughters -- and their own pasts." Her theory: It has to do with how conflicted my own generation...

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