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Religion & Law

Mirror of Justice Mirror of Justice

Dedicated to the development of Catholic legal theory.

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Last Entry: April 01, 2011 at 15:50:36

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Dana Gioia wins Laetare Medal

Posted on March 16, 2010
I have to admit that, for me, Notre Dame's Laetare Medal won't shine quite as brighly as it should until Mary Ann Glendon accepts it. That said, I am pleased to report that Fr. John Jenkins has announced that "Dana...


A (late) response to Bob

Posted on March 16, 2010
In the ongoing conversation about the health-insurance-reform debate and abortion, Bob responds here to my post (here). Bob writes: [T]he phrase 'abortion subsidies' that occurs therein is ambiguous as between intended financing of abortion on the one hand, and collateral...


So, what should we do about this?

Posted on March 16, 2010
NYT, 3/16/10 With Medicaid Cuts, Doctors and Patients Drop Out By KEVIN SACK With states squeezing payments to providers, patients are finding it increasingly difficult to locate doctors who will accept their coverage. [Article here. An excerpt:] FLINT, Mich...


The Problem with 'Abortion Subsidies' & Other Intention-Suggestive Terms: And a 'Thank You' to Rick Garnett

Posted on March 16, 2010
Hello, All, And many thanks to Rick for the clarification in his response to my earlier post yesterday. I had not realized that Rick is uninterested in double effect analysis of legislators' votes -- perhaps because I've only recently begun...


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"Michigan: Trucker Guilty in Killings"

Posted on March 16, 2010
Get Religion notes that the trial and conviction of Harlan Drake, killer of anti-abortion protester James Pouillon, received curiously little media coverage.


Another Pro-Life Coalition in Favor of Current Health Insurance Reform Legislation

Posted on March 16, 2010
Pro-life group urges Congress to pass Senate health care bill By Thomas C. Fox Created Mar 12, 2010 Twenty-five pro-life Catholic theologians and Evangelical leaders yesterday sent letters to members of Congress urging them not to let misleading information about...


Healthcare reform and the Senate bill: more facts (because the facts matter)

Posted on March 16, 2010
Here, here, and here. The second "here" is the new Commonweal editorial on the bill.


Does Catholic Legal Theory have something to say about the legislative process?

Posted on March 16, 2010
I am one of those folks who thinks that the parliamentary process of legislation necessitates the deliberation of texts so that legislators and citizens can know, if they read it, what pending legislation says and what it does not say....


Some more health-insurance-and-abortion thoughts in response to Bob

Posted on March 16, 2010
Thanks, as always, to Bob for the interesting conversation. A few quick (but, I hope, not too quick!) thoughts in response: First, Bob asks: Why would we ever think that assisting the poor in the purchase of what the non-poor...


"New Hope" for school choice and Catholic schools in DC?

Posted on March 16, 2010
Perhaps, the Washington Post reports / editorializes: THE D.C. Opportunity Scholarship Program may finally get the attention it is due on the floor of the Senate. Sen. Joseph I. Lieberman (I-Conn.) plans to offer an amendment to the Federal Aviation....


Questions about the Psychology of Jesus

Posted on March 15, 2010
The traditional teaching (at least since the fourth century) is that Jesus was God. Most Christians accept this without thinking seriously about the internal life of Jesus. Here is one example. Jesus is depicted many times as praying to God....


pluralism

Posted on March 15, 2010
We talk a lot here about social pluralism, by which we mean, roughly, that authority is not a monopoly of the civil government. The social pluralist maintains that authority can also be found in the Church, in families, and certain...


More on 'Proximate' Causation and 'Intervening' Decisions in Health Insurance

Posted on March 15, 2010
Hello again, All And many warm thanks to Michael and Rob for their additional thoughts on the question raised last week. I think, however, that we are drifting a bit from the very narrow question I wished to pose. This...


Court of Appeals limits the "ministerial exception" in religious-school case

Posted on March 15, 2010
"Law.com" reports: Religious schools don't have a free pass to ignore a key federal employment law based on a "ministerial exception." At least not in the 6th Circuit. So ruled the 6th U.S. Circuit Court of Appeals on Tuesday in...


"Intervening Choices": A further reply to Bob

Posted on March 15, 2010
Thanks Bob and Fr. Araujo for your comments. Abortion: Bob is obviously correct that there is deep disagreement in our culture over the moral and moral/legal status of abortion, and we need to do the best we can to pray...


Martin Marty on Glenn Beck

Posted on March 15, 2010
Sightings 3/15/10 Social Justice -- Martin E. Marty Are 68.1 million Americans connected with a Communist front movement? Yes, if they are Roman Catholic. Are another 20 million citizens listening to ?coded? Nazi messages? Yes, if they are mainline Protestant...


A bit more on Marty, Glen Beck, and Social Justice

Posted on March 15, 2010
So, I'm not a fan of Glen Beck, and I am a fan (most of the time) of Martin Marty. I would hope that all those who are outraged by Beck's recent (silly) statements regarding churches that preach "social justice"...


Others respond to T.R. Reid: "Why Universal Health Care Will Not Reduce Abortion Rates"

Posted on March 15, 2010
Michael New (here) writes: [S]upporters of Obama?s health-care reform are now changing their approach and going on the offensive. In an editorial that ran in the Washington Post on Friday, author and journalist T. R. Reid argued that universal health...


More on Citizens United: A reponse to Michael

Posted on March 15, 2010
I do not think my views about the Citizens United decision should divide Michael and me, because it seems to me that the theory of judicial review (and constitutional interpretation) that Michael defends in his recent books point in the...


T.R. Reid responds to Rick Garnett

Posted on March 15, 2010
[Whether he responds effectively or not, you decide.] Washington Post, 3/14/10 Universal health care tends to cut the abortion rate T.R. Reid Countless arguments have been advanced for and against the pending bills to increase health-care coverage. Both sides have...


Establishment and State Action

Posted on March 15, 2010
Many MOJ readers may want to read pages 1278-1290 of the March issue of the Harvard Law Review: "The State Action Doctrine and the Establishment Clause" ... which is part of a long Developments Note: "Developments in the Law--State Action...


"Obvious"?

Posted on March 15, 2010
Michael agrees (I gather) with the following statement of Cardinal Hume: ?If that frightened, unemployed 19-year-old knows that she and her child will have access to medical care whenever it?s needed, she?s more likely to carry the baby to term....


What would Jesus do?

Posted on March 15, 2010
Not, I think, what Archbishop Chaput is doing. But decide for yourself: read this article.


It seems worth mentioning here that Steve Shiffrin's daughter ...

Posted on March 15, 2010
... Seana Valentine Shiffrin, who is a distinguished philosopher at UCLA and also the Pete Kameron Professor of Law and Social Justice at UCLA Law, has a masterful essay in the March issue of the Harvard Law Review: "Inducing Moral...


Tim Jost responds to the USCCB on the Senate bill

Posted on March 15, 2010
Tim Jost (who is a devout Mennonite) and I overlapped at Ohio State during the 1981-82 academic year. dotCommonweal is emphasizing Tim's response to the USCCB: Jost answers the USCCB?s prolife office March 15, 2010, 6:36 pm Posted by Matthew...


An issue that has divided Rick and me: Citizens United

Posted on March 15, 2010
[This, from Leiter Reports: A Philosophy Blog.] The U.S. Supreme Court Strikes a Decisive Blow for the Plutocracy I meant to post something several weeks ago about the Supreme Court's outrageous decision striking down limits on corporate spending on elections,...


Quote of the day, from dotCommonweal

Posted on March 15, 2010
Quote of the day: March 15, 2010, 3:51 pm Posted by Grant Gallicho ?If that frightened, unemployed 19-year-old knows that she and her child will have access to medical care whenever it?s needed, she?s more likely to carry the baby...


I had not heard of this "Catholic Harvey Milk". Had you?

Posted on March 15, 2010
NYT, 3/14/10 Robert Carter, Priest and Gay Activist, Dies at 82 DENNIS HEVESI The Rev. Robert Carter, who in the early 1970s was one of the first Roman Catholic priests in the country to declare publicly that he was gay...


"Intervening Decision": A Response to Bob

Posted on March 14, 2010
Bob provisionally suggests an equivalency between the intervening decision of a user of a school voucher and a user of government assistance to purchase abortion coverage arguing in both cases that we effectively "blind" the state in these matters for...


Catholic Legal Theory and the Abortion Issue

Posted on March 14, 2010
I thank Michael Scaperlanda, Rick Garnett, and Bob Hockett for their thoughtful contributions on a number of important issues such as school vouchers and abortion, both of which may involve subsidies to citizens through legislative initiatives or judicial decisions...


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