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Religion & Law

Mirror of Justice 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

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Poking at the Establishment Clause?

Posted on December 11, 2010
Here's a column by Gail Collins making fun of Tulsa's decision to allow a Christmas parade to proceed notwithstanding the absence of the word "Christmas." Or making fun of the attendant protest. Or making fun of Senator Inhofe. She's definitely...


Sixth Annual Conference on Christian Legal Thought (at AALS)

Posted on December 10, 2010
The Sixth Annual Conference on Christian Legal Thought Books on Christianity and the Law Saturday, January 8, 2011 10:30 AM to 6:15 PM Hotel Monaco ? 501 Geary Street ? San Francisco, CA CONFERENCE SCHEDULE Registration 10:30 am Welcome 10:45...


CST, l'Italia Nell'Ottocento, e l'Infarinatura

Posted on December 10, 2010
In my Catholic Social Thought and the Law seminar this year, one of the biggest questions was that of focus. Should we read philosophical work? Theological texts? A close reading of the papal encyclicals? Contemporary American cases that engage the...


More trouble in China

Posted on December 09, 2010
"Authorities in China tighten grip on bishops," reports the Catholic Herald. As I have suggested before, I think it is important to think of this "tighten[ing]" as not merely affecting, or being directed at, "bishops", but at the Church --...


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What Does It Take to Be a ?Public Intellectual? When Commenting on the Catholic Church? ? Not Much: Richard Posner?s ?Contraception and Catholicism?

Posted on December 09, 2010
Most people, especially people who see themselves as intellectuals, are prudent enough not to write on subjects about which they know nothing. And those writers bold enough to comment on things about which they have only a passing familiarity ?...


Dream Act would align immigration policy with U.S. legal culture

Posted on December 09, 2010
In this essay, which appears in the Dec. 19 issue of Our Sunday Visitor, I argue for passage of the Dream Act.


Flannery O'Connor on the Church and the Elks Club

Posted on December 09, 2010
A few years ago, I wrote a short paper called "Are Churches (Just) Like the Boy Scouts?" I was reminded of the paper, and also entertained, by this quote, which a friend sent to me, from Flannery O'Connor: ?For us...


The Bishops' letter on the DREAM Act

Posted on December 09, 2010
Is here. Bishop Gomez observes: Under the DREAM Act, deserving immigrant youth can adjust to permanent resident status provided that they entered the United States before age sixteen, have been physically present in the United States for not less than...


Philpott corrects Orsi on Catholicism and "modernity"

Posted on December 09, 2010
I noted, a few days ago, this post, by Prof. Robert Orsi, at the (excellent) Immanent Frame site. Again, a number of scholars were asked to reflect on this question -- occasioned by the launch of a new research project...


Law's reflection of, and effect on, social norms

Posted on December 08, 2010
The rape allegations brought in Sweden against WikiLeaks founder Julian Assange raise another interesting perspective on Rick's and Rob's recent questions about the law's influence social norms, in this case involving sexual assault. A NYT article on this topic reports:...


Freedom of Choice in Abortion Insurance

Posted on December 07, 2010
Over at the First Things blog, MOJ-friend Richard Stith writes: Some readers will recall that I recently argued in favor of keeping more or less the current federal healthcare insurance plan, provided that it be amended fully to exclude abortion...


Threads in Liberal Historiography

Posted on December 07, 2010
One of the most edifying and enjoyable aspects of being part of a large community of extended comrades who think about law -- something, I like to imagine, like the legal equivalent of the Republic of Letters that Anthony Grafton...


When the state speaks . . .

Posted on December 07, 2010
This paper, "When the State Speaks, What Should it Say?", by Corey Brettschneider, looks interesting: Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought,...


More on "licensing parents"

Posted on December 07, 2010
A few days ago, I posted this, about a new-ish book by Michael T. McFall called "Licensing Families": In Licensing Parents, Michael McFall argues that political structures, economics, education, racism, and sexism are secondary in importance to the inequality caused...


"Wrongful Life" in Belgium

Posted on December 07, 2010
From the First Things blog, I learned that an appellate court in Belgium has ruled that damages may be recovered from physicians who fail to act in accord with (what the court determined was) the legislature's intent, in authorizing "therapeutic...


Marriage and the Middle Class

Posted on December 07, 2010
Brad Wilcox and Chuck Donovan report that marriage's decline is expanding from the lower socioeconomic classes into the middle class. An excerpt: The breakdown of marriage and family has afflicted the poorest Americans for more than a generation. What is...


Cenzon-DeCarlo v. Mount Sinai Hospital

Posted on December 06, 2010
I missed this opinion from a couple of weeks ago (but thankfully John Breen didn't!): the Second Circuit has ruled, not surprisingly, that the Church Amendment does not create a private right of action by which a nurse who was...


Rob Vischer?s Political, Not Partisan?The Church in the Public Square

Posted on December 04, 2010
Congratulations to Rob in publishing his thoughtful essay entitled Political, Not Partisan?The Church in the Public Square in the December 3 issue of Commonweal magazine! I am not able to upload here his article for interested readers of the Mirror...


Book Note: Greenawalt's "Legal Interpretation"

Posted on December 03, 2010
I've been reading around the new book of my old teacher, Kent Greenawalt, entitled "Legal Interpretation: Perspectives from Other Disciplines and Private Texts." The book is the first in a series of planned volumes dealing, respectively, with statutory, common law,...


A Thanksgiving proclamation (1863)

Posted on November 25, 2010
Here (thanks to First Things) is Pres. Lincoln: The year that is drawing toward its close has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone...


Criminal Law and Catholic Social Thought

Posted on November 24, 2010
For those who are interested in criminal law, the Ohio State Journal of Criminal Law is a relatively new peer reviewed periodical that publishes shorter and less heavily footnoted interventions than one generally finds in other legal journals. In the...


The Gift of Years: So You're Getting Older

Posted on November 24, 2010
Yesterday, Susan Stabile in reflecting on the End Times observed that one problem with predictions about the end of the world (aside from their unreliability) is that they encourage people to stop pressing for the Kingdom of God on earth....


Circumcision

Posted on November 24, 2010
There is a drive for a ballot initiative in San Francisco that would make the performance of a circumcision on a minor illegal "except where "the operation is necessary to the physical health of the person on whom it is...


Why are Pope Benedict's comments on condom use controversial?

Posted on November 23, 2010
MoJ readers are probably aware of the controversy arising from published comments by Pope Benedict characterizing condom use by male prostitutes as a step toward moral responsibility to the extent that it reduces the risk of disease. (I won't even...


Are We Complicit: A Reprise

Posted on November 23, 2010
After posting about the phenomenon of GLBT teen suicide in the face of bullying, I have had a chance to reflect on reader comments, public response to the tragedy (such as the "It Gets Better" movement), Catholic teaching, and our...


"MacIntyre on Money"

Posted on November 22, 2010
"The man in a modest dark suit and grey shirt could be mistaken, save for the presence of his wife of 33 years, for an off-duty Benedictine abbot. We?re dining in the elegant ambience of the Cambridge Catholic university chaplaincy;...


"Licensing Families"

Posted on November 22, 2010
Here's the nutshell, from Amazon, on a new book called "Licensing Families": In Licensing Parents, Michael McFall argues that political structures, economics, education, racism, and sexism are secondary in importance to the inequality caused by families, and that the family...


Justice Jackson's opening speech at Nuremberg

Posted on November 22, 2010
Sixty-five years ago yesterday, Justice Robert Jackson delivered his opening statement at tne Nuremberg trials. It was, according to Prof. John Barrett (St. John's) "one of the most powerful, eloquent, and important speeches in human history." Here are the opening...


The Book of Job as Political Allegory

Posted on November 21, 2010
I sometimes enjoy the writing of Jon Meacham. Last year for Christmas, someone gave me a copy of his book on Andrew Jackson, and I thought it a fun read about an important figure. On occasion, I've read magazine pieces...


Greg Baylor on church-state "separation" (well understood) and Ex Corde

Posted on November 21, 2010
Commenting on this piece (which will not be particularly enlightening to anyone who has followed at all the "Catholic universities" conversation) from Inside Higher Ed, Greg Baylor writes (here): It is up to the church to decide how its universities....


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