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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

Congratulations to Notre Dame Law School graduates

Posted on May 16, 2010
Yesterday, I helped to confer degrees on a new group of Notre Dame lawyers. Best wishes to all of you, and God bless you in your vocations.

Constitutionalism and Supreme Court Justices and Jurisprudence

Posted on May 16, 2010
Brother Steve S. says he has a few "clarifying questions" for me. First, he asks whether I regard precedent as a constitutional source of meaning. My views on the authority of precedent in constitutional interpretation are embarrasingly orthodox: I hold...

Unseemly demands and bizarre notions

Posted on May 16, 2010
I'm glad to see that Andrew Sullivan now says that he will stop pressing for Elena Kagan to say whether she is homosexual. He continues to insist, however, that his demand that she do so is perfectly legitimate. I don't...

Recognizing humanity

Posted on May 16, 2010
I'm grateful to Michael P. for calling our attention to Stephen Carter's interesting op ed. Certainly the advice Michael derives from it is good advice---indeed, the best advice. And the late Justice Thurgood Marshall certainly deserves to be honored for...

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Wise counsel from Mr. Justice Thurgood Marshall to bloggers everywhere, including those of us here at MOJ

Posted on May 16, 2010
Yale law prof Stephen Carter writes, this morning: "To the end, Marshall believed in the humanness of those who opposed him ? a largeness of spirit that allowed him not only to build coalitions on the court but to sit...

Get ready for the future!

Posted on May 16, 2010
You, that is, not me. I'm way past my prime! Sex to make babies may become redundant as IVF becomes the norm By Daniel Martin 16th May 2010 Sex may become redundant as a method of conceiving babies as couples...

"The object of religious faith"

Posted on May 14, 2010
Prof. Bradley Lewis (CUA) notes, in a recent Letter to the Editor in the Washington Post, that "the object of religious faith is not the experience of God; it is God." Nice. It reminds me of another observation -- I'm...

A great story about my former student

Posted on May 14, 2010
Check out this nice story, about the recent ordination of my former student, Gerry Olinger.

Review of Vischer, "Conscience and the Common Good"

Posted on May 14, 2010
In the new issue of AMERICA, here. The concluding paragraphs: Particularly rich is the author?s analysis of the current ?pharmacist wars.? Disputes over the availability of controversial contraceptives (the product ?Plan B? receives much attention here) illustrate how matters of...

Review of Perry, "The Political Morality of Liberal Democracy"

Posted on May 14, 2010
Here, in the Notre Dame Philosophical Reviews, is a review of Br. Perry's latest. The reviewer is James Boettcher, of Saint Joseph's University. A taste: Political philosophers are fond of celebrating various civic virtues including the need for citizens to...

Catholic Identity, redux

Posted on May 14, 2010
Over the past days, several members of the Mirror of Justice have once again contributed thoughts to questions related to Catholic identity, Catholic teaching, and educational institutions that use the moniker ?Catholic? in their self-identification. We have done this over...

Fifth Annual Conference on Catholic Legal Thought

Posted on May 14, 2010
Although I believe that most everyone on MOJ is already aware of this, I am pleased to announce that May 24-26, 2010, the Fifth Annual Conference on Catholic Legal Thought will take place here at Loyola University Chicago School of...

George and Kagan

Posted on May 13, 2010
In a recent post, Robert George maintains that: ?If, indeed, Kagan believes it is legitimate for judges to read into the Constitution liberal (or, for that matter, conservative) views about abortion, sexuality and marriage, religion, speech, or anything else, then...

Fruits of Thought, in response to Michael and Mark Lilla

Posted on May 13, 2010
Michael posted, here, two paragraphs from a recent article by Mark Lilla, on the "Tea Party Jacobins." Lilla wrote: "We are experiencing just one more aftershock from the libertarian eruption that we all, whatever our partisan leanings, have willed into...

George's Perspective (Not Robby . . . the Other George)

Posted on May 13, 2010
In 1997, Chicago's then newly appointed Arcbishop Francis George, O.M.I. gave an address at Georgetown University entitled "The Catholic Mission Today in Higher Education" (available here) in which he argued that "the office of the bishop is not a problem...

Food for Thought?

Posted on May 13, 2010
[Cross-posted at ReligionLeftLaw.] "We are experiencing just one more aftershock from the libertarian eruption that we all, whatever our partisan leanings, have willed into being. For half a century now Americans have been rebelling in the name of individual freedom...

"A serious threat to local food systems"

Posted on May 13, 2010
Bob Waldrop, former president of the Oklahoma Food Cooperative, blogged today on what he sees as a serious threat by the USDA to local food systems. Here is a part of his blog post: One essential aspect of local food...

Paul H. responds to Robby G. re: Elena K.

Posted on May 13, 2010
Check out Paul Horwitz'srecently posted thoughts, at Prawfs, responding to Robby's: . . . Cornyn does say that a nominee's personal views on abortion (and other subjects) are irrelevant, and George doesn't disagree with that, as I understand him. Cornyn...

The political demise of a pro-life Democrat in West Virginia

Posted on May 12, 2010
Allan Mollohan is a pro-life Democrat who has for twenty-eight years represented the congressional district in West Virginia in which I grew up. Today he was trounced (56%-44%) in the primary by a pro-life challenger, Michael Oliverio. Mollohan's vote in...

On the proper standards for evaluating judicial nominees

Posted on May 12, 2010
I am grateful to Paul Horwitz for his kind words regarding my comment on the Kagan nomination. I agree with him, as he thought I would, that senators are bound by their constitutional oaths to limit their questions for judicial...

Does a Bishop stand as an outsider to a Catholic University within his diocese?

Posted on May 12, 2010
The Marquette Affair raises a question that Notre Dame's President Jenkins largely ducted in responding to a similar question at the recent symposium on Alasdair's MacIntyre's "God, Philosohy, and Universities," to wit: What is the relationship between a Bishop and...

Response to Rick on Marquette Affair

Posted on May 12, 2010
I cannot speak with knowledge regarding the details of Marquette's process failure. However, if we assume that the search committee members, the provost, the president, and the trustees all met their duty of due care in the selection process, they...

Paul Horwitz responds to Robby

Posted on May 12, 2010
MOJ-friend Paul Horwitz sent in some thoughts, responding to Robby's recent post about the Kagan nomination: In his discussion of the Kagan nomination, Robert George writes: "[A]s Kagan herself noted in relation to previous Supreme Court nominees, it is imperative...

More on Marquette Process Failure

Posted on May 12, 2010
The Chronicle of Higher Education yesterday published an interview with Professor O'Brien that provides some details regarding her understanding of how her work fit within Marquette's stated mission. The attempt to rescind her contract in any event represents gross negligence...

The Marquette affair: A question for Russell

Posted on May 12, 2010
So, my outsider's impressions of the goings-on at Marquette, described by Russell in this post, lead me to agree with him that the process by which Prof. O'Brien was "offered the Deanship of Arts and Sciences at Marquette, only to...

Conservatives and the Kagan nomination

Posted on May 12, 2010
How should conservatives react to President Obama's nomination of Elena Kagan? First, let me say how conservatives should not react. They should not claim that Kagan is the Democrats Harriet Miers. She is not. I myself opposed the President Bush's...

Fr. Burtchaell's perspective, again (and again)

Posted on May 12, 2010
From page 834 of The Dying of the Light: "It became a commonplace to classify both church and state as outside forces whose inclination to meddle in the academy must be fearlessly resisted. The church has compliantly withdrawn to an...

An Answer to Michael's Question Regarding the Relationship between Bishops and Catholic Universities

Posted on May 12, 2010
I offer one answer to Michael's question, "Does a Bishop stand as an outsider to a Catholic University within his diocese?" While I am aware that the Church internally attempts to maintain standards according to Ex Corde Ecclesiae, primarily through....

Religious Liberty, Church Autonomy, and the Structure of Freedom

Posted on May 11, 2010
That's the title of Rick Garnett's contribution to a new volume edited by my Emory colleagues Frank Alexander and John Witte: Christianity and Human Rights: An Introduction (Cambridge 2010). Here's the abstract: _________________________ What is the ?right to freedom of...

Arizona, Congress, and the Immigration Mess

Posted on May 11, 2010
In an essay, posted on Public Discourse this morning, I weigh in on the immigration law recently enacted in Arizona, putting that problematic law in the context of a quarter century of failure by the federal government to stem the...

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