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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

Spiritual, But Not Religious

Posted on August 11, 2010
A survey reported at Immanent Frame discloses that those who identify as spiritual, but not religious are not much different in demographics from those who identify as religious. On the other hand, they are overwhelming Democratic and take positions that...

Religion Without Spirituality

Posted on August 11, 2010
It has long occurred to me that the doctrines of heaven and hell can undermine spirituality. If one lives a life primarily to avoid hell and to gain access to heaven, one is in danger of leading an individualistic, instrumentalist...

More on Academic Engagement (or Lack Thereof) with the Real World and Whether Catholic Academics are Any Better

Posted on August 11, 2010
A couple of days ago, I placed a post here on the Mirror of Justice, spring-boarding from Peggy Noonan's column decrying a growing gulf between average Americans and opinion leaders, including those in the universities. At the end of the...

Marking the 50th anniversary of "The Kennedy Speech" at Notre Dame

Posted on August 11, 2010
September 12, 2010 marks the 50th Anniversary of candidate John F. Kennedy?s famous speech to the Houston Minister?s Association on separation of church and state. To commemorate this landmark event for Catholics in American politics, Prof. Michael McConnell (Stanford) will...

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A new "conservative" Christian law school

Posted on August 11, 2010
The universe of Christian law schools is apparently set to expand, thanks to the folks at Louisiana College, who are reportedly set to announce the opening of a law school in Shreveport that "will have a 'biblical worldview' . ....

Fr. James Edwin Coyle, R.I.P.

Posted on August 11, 2010
Fr. James Edwin Coyle was murdered on August 11, 1921, by a part-time minister and Ku Klux Klan member, after Fr. Coyle presided at the marriage of the minister's daughter to a Roman Catholic or Puerto Rican descent. The killer's...

Liturgy on a "Catholic law blog" -- Blame Hobbes

Posted on August 11, 2010
A few days ago, I responded here to some correspondents and commenters who wondered why in the world considerations about liturgy and ecclesiology belong on a "Catholic law blog." Well, one might justly ask in the same breath why Hobbes...

Cardinal O'Brien on US's 'Culture of Vengeance'

Posted on August 10, 2010
My guess is that many MoJ readers will find food for thought in the trenchant observations made this past weekend by Cardinal O'Brien of Edinburgh. I'm not well acquainted with the Cardinal, but certainly experience considerable sympathy with the claim...

Ex Corde, Catholic identity, universities, etc.

Posted on August 10, 2010
At his new-ish "Distinctly Catholic" blog, Michael Sean Winters is collecting and posting a series of interviews and posts on Ex Corde Ecclesiae. In this one, Michael writes, with respect to the debate about the University of Notre Dame's decision...

More on Prop 8 Case

Posted on August 10, 2010
Mike Dorf has a characteristically illuminating analysis of the decision over at Dorf on Law, as well as (at fuller length) on Findlaw. The first is located, and the second is accessible, here: http://www.dorfonlaw.org/2010/08/rationality-review.html ...

"Welcome" remarks for new law students

Posted on August 09, 2010
One of the things that is fun about my new(ish) administrative position is that my dean lets me do a short "welcome" speech to the incoming first-year students. So . . . what should I say, about the law, lawyering,...

"A Theology of the Suburbs"

Posted on August 09, 2010
This morning, instead of doing what I should have been doing (ed.: what else is new? RG: Shut up.), I came across a new, interesting-looking blog by a Notre Dame graduate student in Theology ("Theopolitical"). Check out, for example, this...

Horwitz on work-family balance and trade-offs

Posted on August 09, 2010
MOJ-friend Paul Horwitz has an as-per-usual thoughtful post at Prawfsblawg, "Writing Guilt and Gender", about (among other things) the trade-offs we make between our professional and family obligations. Here's a bit: My own view would be to encourage academics to...

Public Discourse on two raging controversies

Posted on August 09, 2010
At Public Discourse Matthew Franck has published a penetrating critique of Judge Vaughn Walker's reasoning in the Proposition 8 case: Here?s a taste: And now watch carefully, for here [Judge Walker's] fallacious reasoning enters the equation. When ?the genders? are...

Is Judge Walker's ruling wrong or just premature?

Posted on August 09, 2010
I was out of town last week, so I just now had the chance to sit down and read Perry v. Schwarzenegger. A few initial reactions: First, what were the proponents' counsel (pro-Prop 8) thinking in only putting on two...

"eye contact"

Posted on August 07, 2010
While I'm at it . . . . Someone called Lisa Fullam, who (I am informed) teaches at the Jesuit School of Theology in Berkeley (which is real estate I love, Berkeley that is) does quite a number here on...

Bonhoeffer on Justification by Faith as the Ground for Community

Posted on August 07, 2010
I'n my experience, the Christian doctrine that justification is by grace alone, not by our works or some other contribution we make, is a message of great and joyous freedom. A big reason I'm a Protestant is the heritage of...

Shutter the parish because the visitor doesn't like it there?

Posted on August 07, 2010
I've received some sprited correspondence concerning my "eye contact" post, as I expected and even hoped I would. Some of that correspondence wonders why I would post something about liturgy on a Catholic "law blog." That's easy, and I thought...

More on the Plight of the Liberal Catholic

Posted on August 06, 2010
Cathy Kaveny believes, rightly I think, that the Catholic Church is in the midst of an acute crisis, a crisis that is underestimated by the hierarchy. In a post at dotcommonweal, she points to yet another liberal Catholic, an Illinois...

Arizona School-Choice Case

Posted on August 06, 2010
As many of you know, the Supreme Court is reviewing the Ninth Circuit's decision striking down Arizona's school-choice law that gives taxpayers tax credits for contributing to "student tuition organizations" that support scholarships at private, including religious schools...

the dirty little secret about "activism"

Posted on August 06, 2010
I agree with the way Rick suggests "judicial activism" might be salvaged as a way of measuring and potentially criticizing judicial decisions. I also join Rick in agreeing with Powell (as I have mentioned here on MOJ before) that humility,...

Another brief in the Arizona school-choice case

Posted on August 06, 2010
Like Tom Berg, I am filing an amicus brief in Winn (the Arizona school-choice case). My brief, co-authored with Jack Coons, is being filed on behalf of the American Center for School Choice (with which our own Patrick Brennan is...

More on "activism"

Posted on August 06, 2010
Patrick makes a good point, of course, that the "activism" charge -- lobbed against conservatives in the early 20th century, then against liberals in the 1960s and 70s, and now (again) against the Rehnquist and Roberts Courts -- can be...

law and bad taste

Posted on August 06, 2010
Someone named Michael Sean Winters says he's not happy with Judge Walker's decision and (more particularly) opinion overturning Proposition 8. In developing his disagreement, Winters distinguishes Lawrence v. Texas: "I understood why the majority of the Court ruled in Lawrence...

The Gulf Between Academics and the Real World: Are Catholic Academics Any Different?

Posted on August 06, 2010
In her column today, Peggy Noonan warns about this: I started noticing in the 1980s, the growing gulf between the country's thought leaders, as they're called?the political and media class, the universities?and those living what for lack of a better....

Gerard Bradley on Judge Walker

Posted on August 05, 2010
ND Law Prof. Gerard Bradley has a puzzling opinion piece up on Fox News in which he insinuates that Judge Walker might have been biased in the Prop. 8 case because he is in a long-term committed gay relationship (whether...

The Dearth of Mothers on the Supreme Court

Posted on August 05, 2010
A recent NYT article by David Leonhardt ("A Labor Market Punishing to Mothers") points out: The last three men nominated to the Supreme Court have all been married and, among them, have seven children. The last three women ? Elena...

"judicial activism"

Posted on August 05, 2010
I recognize I'm a tiresome bore (not boor, I hope) on this topic, but would intelligent (and other) people, please, please stop talking about the evils of "judicial activism" simpliciter? The commentary leading up to and now following Elena Kagan's...

A follow-up to Eduardo's post

Posted on August 05, 2010
Here is my colleague Gerry Bradley's follow-up to the piece (which came out before the opinion in the California case did) to which Eduardo linked recently.

Catholic Liberals, the Bishops, and the Eucharist

Posted on August 04, 2010
I thank Father Araujo for finding a link to the document I cited. The list of items he refers to is followed by a section on selective adherence to Church authority. There the Bishops say: ?To give selective assent to...

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