Constitutional Law References

Recent Constitutional Law Bulletins

1 10th Circuit Rules Largely In Favor of Summum "7 Aphorisms" Monuments
In decisions yesterday, the U.S. 10th Circuit Court of Appeals dealt with reques

2 2d Circuit Hears Oral Arguments In Muslim Border-Search Case
Yesterday, the U.S. Second Circuit Court of Appeals heard oral arguments in Tabb

3 A Heavy Heart
My thoughts and prayers are with all around Virginia Tech and their friends and

4 A Picture Worth 1000 Words
Note the picture that accompanies the CNN website's story about the PBA decision

5 Ads Ask New Hampshire Candidates For Religious Freedom Positions
A coalition of groups advocating church-state separation is running ads in New H

6 Affluence and the New Urbanism
In response to my post asking questions about the socio-economic diversity of th

7 Afghan Islamic Council Decries Christian Proselytizing
In Afghanistan, the country's influential Islamic council made up of clergy and

8 An insight into Catholic Legal Theory
Over the past two and one half years other MOJ contributors and I have addressed

9 And the bronze medal goes to . . .
I'm sure it means very little in the big picture, but we were voted #3 in the "i

10 Best Wishes to Robert Araujo--and to Jesuits Everywhere!
The Tablet January 5, 2008 Defining Moment for the Jesuits Michael Walsh The mee

11 British Employment Discrimination Amendment About To Become Effective
An amendment to the definition of "religion or belief" in Britain's Employment E

12 British Muslim Teacher Loses Appeal On Wearing Veil [Corrected]
As previously reported, on March 30 Britain's Employment Appeal Tribunal handed

13 C-Span Watch: Book TV
On C-Span's Book TV Saturday at 8 AM, Stephen Solomon will discuss his book Elle

14 California's Proposed Student Civil Rights Act Gives Broad Definition to "Religion"
On Tuesday, the California Senate Judiciary Committee approved by a vote of 3-2

15 Capital Punishment ... and the Courts
Rick often says that although he opposes capital punishment, he wants the legisl

16 Catholic Legal Theory and life and death
Tom Berg’s question regarding the propriety or not of capital punishment in gr

17 Cert. Denied In Massachusetts Church Closing Case
The U.S. Supreme Court today denied certiorari in Maffei v. Roman Catholic Archb

18 Certiorari Grant on Death Penalty and Child Rape
The Supreme Court granted certiorari today in Kennedy v. Louisiana, No. 07-343.

19 Christian Post on Huckabee
In a Christian Post piece on Iowa Caucus day, Michelle Vu looks back at Mike Huc

20 Christianity Today on PBA Decision and Incrementalism
Christianity Today defends incrementalism on abortion by reference to today's de

21 Christians Fear New Federal Hate Crimes Bill Will Stifle Their Religious Speech
On Tuesday, the U.S. House Judiciary Committee held hearings on H.R. 1592, the "

22 City-Backed Financing For St. Louis U. Arena OK Under State Constitution
City-backed financing for St. Louis University's new basketball arena survived a

23 COMMONWEAL on The Iraq War, the Bishops, and the Bishops' Critics
April 20, 2007 / Volume CXXXIV, Number 8 EDITORIAL Bishops Their Critics The Edi

24 Court Dismisses Challenge To Pastor's Use of Church Funds
On Friday, a Nashville, Tennessee judge dismissed a lawsuit brought by a disside

25 Court Upholds Texas Mandatory Moment of Silence Law
On Tuesday, a Texas federal district court rejected an Establishment Clause chal

26 Courts, legislatures, and the death penalty
Thanks to Michael P. for posting the Times article on states' reluctance to "lea

27 Crackdown on Conscience
For those following the controversy over Muslim taxi drivers who refuse to trans

28 Custody Decision May Not Consider Parent's Religious Beliefs On High Schooling
In Gove v. Petty, (WI Ct. App., April 17, 2007), a Wisconsin state appellate cou

29 Dec. 27, 1657: The Flushing Remonstrance
A NYTimes op-ed today by history professor Kenneth Jackson comments on this, the

30 Developments in Portland and Spokane Catholic Church Bankruptcy Cases
On April 17, U.S. Bankruptcy Judge Elizabeth Perris formally approved the bankru

31 District Judge Upholds Texas' Moment of Silence Law
In 2003, the Texas legislature amended a "moment of silence" law specifically to

32 Do yourself a favor ...
... and read Peter Steinfels's list of the twelve most important religion-relate

33 EU Compromise On Religious Hatred Ban Reached
European Union justice ministers meeting in Luxembourg on Thursday gave in to Br

34 Evangelicals Crucial To Huckabee's Win In Iowa
An AP analysis shows that support of evangelicals was crucial to Mike Huckabee's

35 Evangelicals on the Left? God Forbid!
Sightings 4/19/07 Evangelicals on the Left? How Shocking! How Awful!-- John G. S

36 Evangelicals, Divorce, Same-Sex Marriage
Sightings 4/16/07Evangelical Adaptations-- Martin E. MartySince over one-fourth

37 Faith and Law - A New book
Bob Cochran recently published an edited volume "Faith and Law: How Religious Tr

38 Faith-Based Justices
My colleague, Professor Geoff Stone, contends that the majority in this week's p

39 Father Says State Constitution Voids Order That Son Attend Catholic School
In La Grange, Kentucky on Friday a state court judge heard arguments from a divo

40 Fish on "Religion Without Truth"
Here's a (relatively) recent Stanley Fish Think Again column, called Religion Wi

41 Former Bush Deputy Questions Huckabee Campaign's Use of Faith
My reaction last week to the use of religion in Mike Huckabee's presidential cam

42 Former Utah Governor's Scripture-Study Staff Meetings Revealed
Catching up on news-reading after the holidays, I ran across Sunday's Salt Lake

43 Free Exercise Claim As To DNA Testing Rejected On Procedural Grounds
In In re My'kavellie E., (OH Ct. App., Dec. 31, 2007), an Ohio appellate court

44 French Court Finds Favorable Lease To Mosque Violates Church-State Limits
In France, the Marseille administrative court on Tuesday ordered renegotiation o

45 Ghana EPA Targets Noise Pollution From Charismatic Churches
Ghana's Environmental Protection Agency has become concerned with the harmful ef

46 Gonzales v. Carhart
In a post yesterday, Rick noted the narrowness of the Court's PBA holding. And,

47 Gonzales v. Carhart: “Denying the Right to Choose” or “Denying the Right to Live”
I would like to thank the various contributors to the discussion on Gonzales v.

48 Gratitude to Michael Perry
A few days ago, Michael P. posted best wishes to me and to the Society of Jesus

49 Huckabee Answers More Questions on Meet the Press
This morning, Tim Russert questioned presidential candidate and former Baptist m

50 Huckabee Preaches At New Hampshire Church Ahead of Primary
The role of churches in political campaigns was highlighted yesterday in Windham

51 If You Allow the Posting of the Ten Commandments, Then...
The 10th Circuit Court of Appeals issued a defeat to Jay Sekulow and others repr

52 Illinois School's Ban On Anti-Gay Slogan Upheld
On Tuesday, an Illinois federal district court upheld a school's decision to lim

53 Initial reaction to PBA decision
Based on a quick read of the majority opinion: The Supreme Court's decision upho

54 Iowa Pastors Received Tax-Exempt Threats Over Huckabee Endorsement
Presidential candidate and former Baptist minister Mike Huckabee decried the "di

55 IRS Chief Leaves for Red Cross
The IRS Commissioner, Mark Everson, has left that post to become CEO of the Amer

56 Is God Being "Bleached"?
President Bush wasn't the only speaker at Friday's Catholic Prayer Breakfast. Wa

57 Israel Will Re-Establish Religious Affairs Ministry
In Israel on Sunday, the Cabinet voted 15-7 (with 2 abstentions) to re-establish

58 It had to happen . . .
Thanks to the Philadelphia Inquirer (which characterizes as activist a decision

59 Krugman on the Intent of Regent Law School Graduates
The blog "Economist's View" quotes considerable portions of Paul Krugman's NYTim

60 Limbo?
Panel Backs Hopes for Unbaptized Infants Who DiePope OKs Publication of Report o

61 Litigation Strains Virginia Episcopal Docese
Virtue Online reported on Friday that the Episcopal Diocese of Virginia has take

62 Malaysian Court Delays Funeral After Dispute On Conversion
Malaysian courts are once again involved in a dispute over religious conversion.

63 Memo to Rick re Capital Punishment, the Constitution, and the Courts
In response to Rick's post this afternoon, let me say this: We must distinguish

64 Minneapolis Airport Adopts Sanctions For Cabbies Refusing Service
On Monday, the Minneapolis-St. Paul Metropolitan Airports Commission formally ad

65 Minneapolis Cabbies Lose Right of Refusal
Minneapolis-St. Paul's Airport Commission has ruled 11-0 against the right of Mu

66 More on our Bronze Medal
I think it's great that we (MOJ) won the bronze medal. We deserve it! But I have

67 More on the PBA ruling
Over at Balkinization, there are two commentaries on today's PBA ruling (Gonzale

68 National Episcopal Church Gets Only Limited Intervention In Property Dispute
In Diocese of Central New York v. St. Andrews Episcopal Church, (NY S.Ct., April

69 Nativity Display Lawsuit Filed
Wisconsin's Freedom From Religion Foundation has filed suit in federal court ove

70 Never Get Out'a the Boat
In the right hand column, I have posted an article Never Get Out'a the Boat: Ste

71 New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now online to prepare

72 New Baptist Covenant Website
The New Baptist Covenant has unveiled its official website.

73 New Jersey Expands Religious Accommodation
New Jersey Governor Jon Corzine last week signed 2 bills into law relating to re

74 New Russian Textbook Reflects Anti-Catholic Views
Asia News reported yesterday that in Russia, a new textbook titled "Religions In

75 No time to write what you really want to write???
Think how much more frustrating that must be if you're the Pope. I found this ra

76 Officials Accommodate Religious Burial Needs Of Virginia Tech Victim
The blog Yeshiva World on Tuesday carried an interesting account of the accommod

77 Ohio Governor Interviewed On His Faith And Its Impact
Sunday's Cleveland Plain Dealer published an interview with Ohio Governor Ted St

78 Partial-birth abortion and the danger of emotivism
Notre Dame philosophy prof John O'Callaghan responds to my post on today's parti

79 Partial-birth abortion ban upheld
The Court, in a 5-4 ruling, has upheld the partial-birth abortion ban. Justice K

80 PBA ruling: the Political Dimension
Over at SCOTUSblog, my colleague Teresa Stanton Collett comments on the still-un

81 Pennsylvania Insists On Licenses for Tranist Vehicles Serving Amish
Last Sunday's Pittsburg Post Gazette carried a story about a crack down by Penns

82 Philip Bess responds to Greg Sisk (read this!)
MOJ-friend Philip Bess sends in the following, in response to Greg's recent post

83 President Bush on Catholic Education
On Friday, the President spoke at the National Catholic Prayer Breakfast. He did

84 Presidential Candidates Compared for Faith-Based Positions
Today, Associated Baptist Press' Rob Marus offers a comparison of all the major

85 Primary Ads Urge Voters To Probe Candidates On Church-State Issues
A series of newspaper and television ads have been launched in New Hampshire and

86 Property Owner Fights Zoners Over Planned Cross On Lake Michigan
Friday's Grand Haven (MI) Tribune reports that a St. Joseph, Michigan man is in

87 Proponents Say Proposed Hate Crimes Law Protects Free Speech
Proponents of H.R. 1592, the Local Law Enforcement Hate Crimes Prevention Act of

88 Punishing the Church
Our fearless leader, Mark Sargent, has a must-read essay in the new issue of Com

89 Question for Greg
A question for Greg, prompted by his characteristically thoughtful and eloquent

90 Reform Jews Charge Israel's Former Chief Rabbi With Libel
Yesterday in Israel, members of the Reform Jewish movement (including Holocaust

91 Register Now For Religious Liberty Luncheon With Randall Balmer
From the Baptist Joint Commitee press release: Author/professor Randall Balmer w

92 Religions Institutions and Student Groups
I agree with Rick that it "is not the kind of discrimination the state should ca

93 Response to '96 Utah Governor Meetings
In an editorial today, Utah's Daily Herald responds to news that former Governor

94 Review of Charles Fried
Here's my review, in Commonweal, of Charles Fried's recent book, Modern Liberty

95 Russian Orthodox Church Increasingly Identified With Russian Government
This morning's Washington Post reports on the growing influence of the Orthodox

96 Sarkozy on Church and State
Check out this description of Nicholas Sarkozy's recent talk in Vatican City abo

97 Saving India's Girls
Ashley K. Fernandes, an assistant professor of pediatrics and community health,

98 Scalia Opens Religious Freedom Conference
Justice Antonin Scalia gave the keynote address at a conference on religious fre

99 Smith reviews Gorsuch on assisted suicide
Sobering:Today a diverse, if loose, coalition of politically strange bedfellows

100 Some Amish Farmers Protest Wisconsin's New Cattle ID Requirements
Today's LaCrosse (WI) Tribune reports that some Amish farmers object on religiou

101 Some Books and Book Reviews of Interest
Yesterday's New York Times Sunday Book Review section was devoted to reviews and

102 St. Lawrence
Rock Chalk Jayhawk! Kansas 24 - Va. Tech 21!

103 Suit Challenges Ban On Fortune Telling As Anti-Pagan
In Baton Rouge, Louisiana on Tuesday, a local business that wants to offer fortu

104 Supreme Court's Abortion Decision and Catholic Justices Discussed
Rick Garnett has an interesting posting this morning on PrawfsBlawg responding t

105 Tajikistan Government's Enforcement Efforts Rile Muslims
In Tajikistan, officially a secular country with a population that is 90% Muslim

106 Teaching of Evolution, Rejection of Creationism Pressed By US Advisory Groups
Reuters reports that yesterday the U.S. National Academy of Sciences along with

107 Texas Bible Course Law Toned Down in Committee
The Texas bill that would have required every school district in the state to of

108 The Angelic Doctor on Urbanism
A regular reader sent me some choice quotes on cities and urbanism from St. Thom

109 The Christian Legal Society and "discrimation": Response to Susan
In response to Susan's post, I'm inclined to think that, yes, the University of

110 The Christian Legal Society and "discrimination"
Sigh. Here we go again. Our own Steve Bainbridge has this post, over at his othe

111 The Faith-Based Dilemma
When the government pays faith-based organizations to provide social services, i

112 The Implicit Religious Test for Office
Namoi Schalit, opinion editor of Maine's Kennebec Journal offers an impassioned

113 The Question of the Political Season?
The Christian Science Monitor today asks if there is "too much religion on the c

114 The Urban Transect ("Walkable Settlement") as Foundational Moral Precept: A Critical Response
As part of our ongoing conversation about urban and suburban neighborhoods and l

115 Three Cases Involve Employee Requests For Religious Time Off
In Leonce v. Callahan, 2008 U.S. Dist. LEXIS 228 (ND TX, Jan. 3, 2008), a Texas

116 Times Explores Mormon Church and Religious Concerns About Romney
Today's New York Times Magazine features a long article by Noah Feldman titled W

117 Trial Held In Prisoner Suit Seeking Kosher Meals
Last Saturday's St. Louis Post Dispatch ran a long story about prison inmate Nor

118 TSA and the Rule of Law
I've been on the TSA Watch List for years. I know all about not being able to ch

119 Urbanism and Sprawl, Responding to Greg and Rick
Doh! I just spent the last 30 minutes writing a long response to Rick and Greg i

120 Urbanism, Suburbs, and Responding to Eduardo
I begin by expressing my appreciation to Eduardo Peñalver, Rick Garnett, and Mi

121 Utah Court Dismisses Most Claims Against LDS Church Over Ordination Of Sons
In the Mormon Church, children at age 12 are generally receive priesthood ordina

122 Utah Governor Held 1996 Meetings On LDS Doctrine and Modern Government
Blog from the Capital today calls attention to an investigative article publishe

123 VT Court Holds Statute of Limitations Had Not Run In Priest Abuse Case
In Burlington, Vermont, Superior Court Judge Matthew Katz has granted plaintiff

124 Walter Murphy, Antonin Scalia, and Cafeteria Catholicism
[MOJ readers may find this interesting.] April 4, 2007 A moment with... Walter F

125 Walter Murphy, Antonin Scalia, and Cafeteria Catholicism
In response to Michael's posting of the interview with Walter Murphy: Professor

126 Was School Nurse's New Assignment Accommodation or Retaliation?
A lawsuit filed yesterday in Sandusky, Ohio poses the interesting question of th

127 Washington State Rejects Religious Exemptions for Pharmacies
As Howard Friedman and Melissa Rogers have both pointed out, the Washington Stat

128 Westboro Baptist Church Picketers Target Virginia Tech Funerals
The Topeka, Kansas based Westoboro Baptist Church, known for anti-gay protests a

129 Will Megachurch Scrutiny Be the Story of 2008?
Today's Wall Street Journal reports on a recent uptick in property tax assessmen

130 Women Appointed For First Time To Singapore's Sharia Appeal Board
In Singapore, for the first time three women have been appointed to the 20-membe

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