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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

Everybody Draw Muhammad Day

Posted on May 21, 2010
One consequence of the rise of radical Islamic movements is my own temptation to buy into the notion, often promoted by media coverage, that we are faced with a simple choice: embrace secularism or embrace theocracy. If that's the choice,...

Rand Paul, Private Property, and Public Accommodations

Posted on May 21, 2010
In today's article in the NY Times on the Rand Paul, civil rights controversy, the reporters said this: Mr. Paul said in an interview with Rachel Maddow on MSNBC on Wednesday night that he supported the sections of the Civil...

So, what's with this?

Posted on May 21, 2010
Thanks, Rick, for calling attention to Michael Winters's post responding to yours and mine. He seems to be a friend of yours, so I'm sure he has some worthy qualities. I therefore don't know what to make of the way...

What would you do if you were in this judge's shoes, er, I mean robes?

Posted on May 21, 2010
Dayton Daily News May 20, 2010 Editorial: Can Judge Wagner sit out death-penalty cases? Montgomery County Common Pleas Judge A. J. Wagner has asked to be excused from the case of Cody Henderson, 20, indicted on three counts of aggravated...

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The first man for whom I worked, after finishing law school, and, still, the best man for whom I have worked since finishing law school thirty-seven years ago this month: Judge Jack B. Weinstein

Posted on May 21, 2010
Judge Weinstein is still trying to make the law "less cruel". Read about it, in the New York Times, here.

More from Michael Sean Winters on the Graham decision, et al.

Posted on May 21, 2010
Michael Sean Winters responds here to recent posts by Robby and me, in which we expressed some disagreement with the Court's recent Graham decision, in which the Court ruled that it is unconstitutional to sentence someone to life-without-parole for a...

"Slow Learners at the Ninth Circuit"

Posted on May 20, 2010
Just to torment Br. Perry (well, not just to torment him), I have to call MOJ readers' attention to George Will's recent column about the Ninth Circuit's (lawless) decision in the Winn case, which purported to strike down Arizona's (very...

THE PRESIDENT?S COUNCIL ON BIOETHICS?REQUIESCAT IN PACE

Posted on May 20, 2010
That's the title of a piece by Dartmouth's Ronald Green in the new issue of the Journal of Religious Ethics. Here's the abstract: In mid-June 2009, the Obama administration dissolved the President?s Council on Bioethics (PCBE), a group established by...

"Catholics in Political Life Today"

Posted on May 20, 2010
Another great event, brought to you by the good people at the Lumen Christi Institute, in Chicago (speakers include Ross Douthat, Melinda Henneberger, and Mark Stricherz): "Catholics in Political Life Today: Partisan Politics and Religious Identity" What does it mean...

"Defending Religious Freedom"

Posted on May 20, 2010
At the National Review site, George Weigel has this piece, called "Defending Religious Freedom in Full". It's definitely worth a read. He worries that "[w]hat Father Murray called 'the consensus' would seem to be fraying ? and fraying, not only...

What Is ?Abortion,? Anyway?

Posted on May 20, 2010
Does anyone here disagree with what Cathy Kaveny--citing Germain Grisez, no less!--has to say over at dotCommonweal? [UPDATE: See this post too, @ NCR Today.]

Cardinal O'Malley of Boston vs. Archnbishop Chaput of Denver: Which side are you on?

Posted on May 20, 2010
Here, at dotCommonweal, with comments.

Rand Paul

Posted on May 20, 2010
[Cross-posted at dotCommonweal] Rand Paul has been making waves for his criticism of the Civil Rights Act of 1964's prohibition of discrimination in places of public accommodation. Title II of the CRA makes it unlawful to discriminate on the basis...

Clarence Thomas, Black Nationalist!

Posted on May 20, 2010
"Clarence X? The Black Nationalist Behind Justice Thomas's Constitutionalism"New York University Journal of Law & Liberty, Vol. 4, p. 583, 2009 STEPHEN F. SMITH, Notre Dame Law School Email: ssmith31@nd.edu To anyone who cares to listen, Justice Thomas?s opinions thunder...

Libertarianism

Posted on May 20, 2010
In a contribution to the 40th anniversary issue of the conservative magazine National Review, I described libertarianism as a "heresy." By that, I meant that libertarianism is not simply false. It affirms a genuine truth---in this case, the value and...

Addendum to Eduardo's post on Republican and Tea-Partier Rand Paul

Posted on May 20, 2010
[from theatlantic.com:] The Proud Ignorance of Rand Paul By Ta-Nehisi Coates I saw this over at Gawker, and thought that Rand Paul might come off better if I saw the whole video. I think the whole video made it worse....

Some thoughts on Winters' take on the Court's decisions

Posted on May 19, 2010
I assume that it is endearing modesty, and not disingenuous needling, that prompts Michael to write that he is waiting for someone who "unlike yours truly, actually knows something about constitutional law and theory, to tell us whether, in his/her...

"The City": A great new (to me) journal

Posted on May 19, 2010
'The City" is a "journal of intellect and purpose featuring leading voices in Christian academia and elsewhere on the critical issues of the times." I recently received (and read) my first issue. It's really good. Consider subscribing.

Updike's 'Seven Stanzas at Easter'

Posted on May 19, 2010
This poem, by John Updike, is probably known to the rest of you . . . but it was new to me. Very powerful: Make no mistake: if He rose at all it was as His body; if the cells?...

More on Robby George's Approach to Constitutional Interpretation

Posted on May 18, 2010
In a recent post at Mirror of Justice on May 16, Robby George was able to identify only two justices (White and Black) appointed by Democratic Presidents in modern times that he could approve ? those who he said applied...

On confidence

Posted on May 18, 2010
We're in the midst of a big conference at Princeton (on natural law, natural rights, and the American republic) so I haven't had a chance to look at the opinions in today's Supreme Court decisions. I can't offer an opinion...

I didn't know that Brown and Princeton had law schools. Did you?

Posted on May 18, 2010
This is perhaps the most moving tribute to Justice Stevens I've yet read. From The New Yorker, May 17 Remembering Justice Stevens by Ian Frazier During the two years I spent clerking for Justice John Paul Stevens?years I still consider...

"Predominantly Catholic" Portugal ratifies gay marriage law

Posted on May 18, 2010
AP, May 18, 2010 Portugal's conservative president said he is reluctantly ratifying a law allowing gay marriage, making the predominantly Roman Catholic country the sixth in Europe to let same-sex couples wed. President Anibal Cavaco Silva said he would not...

IF DOROTHY HAD NOT HAD TOTO

Posted on May 18, 2010
Some might enjoy my recent critique of international human rights. The abstract is found below and the full article (not long) is available on this site or at SSRN http://ssrn.com/author=625523 IF DOROTHY HAD NOT HAD TOTO TO PULL BACK THE...

Oops, I guess he's still at it . . .

Posted on May 17, 2010
I suppose I shouldn't have taken Andrew Sullivan at his word when he wrote that he was going to stop demanding that Elena Kagan reveal whether she is homosexual. He's out this morning with an article in the Times Online...

Discrimination: How dirty a word?

Posted on May 17, 2010
I have an essay in the new Commonweal about the Christian Legal Society v. Hastings Law School case. It's only available to subscribers, but here's an excerpt: [W]hen is discrimination ?wrong?? Is there a difference between excluding someone because she...

But maybe married sex is still better -- for us, anyway

Posted on May 17, 2010
Here's a rather bizarre sort of counter-argument to the prognostication that Michael Perry posted about IVF replacing sex. The latest Yale Alumni magazine included an interview with Carey Goldberg, one of three authors of a book called "Three Wishes: A...

Dear Elizabeth, ...

Posted on May 17, 2010
About married sex: I met Sarah when she was thirty-five, but just a few weeks shy of thirty-six. Our first child, Daniel, was born a couple of weeks after Sarah turned thirty-seven--and I, God forbid!, was forty-three. Our second/final child,...

Um, I'm still waiting for Rick, or Robby, or someone ...

Posted on May 17, 2010
... who, unlike yours truly, actually knows something about constitutional law and theory, to tell us whether, in his/her judgment, SCOTUS decided rightly today in the Eighth Amendment case about juveniles and life-without-the-possibility-of-parole sentences...

HT: dotCommonweal

Posted on May 17, 2010
?A corruption of the Church? May 17, 2010, 7:51 am Posted by John Schwenkler Via Ross Douthat, I see that Jody Bottum has a truly courageous piece in the new issue of First Things calling for Cardinal Sodano (whose see-no-evil...

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