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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

Serious trouble ahead for us here at MOJ [UPDATED]

Posted on March 14, 2010
All in the South: Duke, seeded #1 (Rick Garnett); Villanova, seeded #2 (Patrick Brennan); Notre Dame, seeded #6 (Rick G.); and Louisville, seeded #9 (yours truly). UPDATED, happily so, at the request of b-ball fan Michael Scaperlanda: "Texas, seeded #9...

Intervening Choices: A Brief Reply to Michael S.

Posted on March 14, 2010
Hello All, And many thanks to Michael for his thoughtful intervention. I don't have much to add in response, I fear, save to observe that Michael appears to reject my premises, in which case there does not seem to be...

Man bites dog: I agree with Rick Garnett

Posted on March 13, 2010
I agree with Rick in the immediately preceding post. "Under God" is one thing; "Under Christ", another. The Ninth Circuit would surely not have permitted "Under Christ" to stand. Steve Shiffrin and I have both argued, in separate pieces, that...

Quick Thanks -- and Tentative Rejoinder -- to Rick

Posted on March 13, 2010
Hello again, All, Many thanks to Rick for taking up my question with characteristic thoughtfulness. I'm on the fly at the moment, so just three quick observations in response: The first is that I am a little hesitant about the...

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Interested in the debate about healthcare reform, the Senate bill, and abortion? Been reading what Bob Hockett and Rick Garnett have to say? Do the facts matter?

Posted on March 13, 2010
Take a look at this informative post at dotCommonweal by Matthew Boudway, who is an associate editor of Commonweal: AUL Knows What It Knows

Addendum: Another Thought on Rick and 'Intervening' Decisions

Posted on March 13, 2010
Hello once more, All, Another thought occurred to me en route home a while ago and so of course I've come back to post it. Here goes: One additional, if nevertheless related, concern that I harbor about distinguishing the two...

March 24: The 30th anniversary of the assassination of Archbishop Oscar Romero

Posted on March 13, 2010
This Book Review from the current issue of The Tablet may be of interest. An excerpt: Through copious quotations from the archbishop?s sermons and letters, it becomes clear that, as Wright says: ?These three themes ? the dignity of the...

Sr. Carol Keehan, President and CEO of the Catholic Health Association, weighs in [UPDATED]

Posted on March 13, 2010
Catholic Health World March 15, 2010 Volume 26, Number 5 The time is now for health reform By SR. CAROL KEEHAN, DC CHA president and chief executive officer As I watched our president present his plan to pass the health...

Thanks to Rick

Posted on March 12, 2010
Before "The Hurt Locker" won the Academy Award last Sunday, only about a dozen people (other than Academy members) had seen the film. After the Academy Award, that will change. Before Rick's review of my book appeared in Commonweal, only...

Review of Perry's not-quite-latest book

Posted on March 12, 2010
It appears to be the time for MOJ bloggers to review MOJ bloggers' books in Commonweal. And, it tells you something about how prolific our colleague Michael Perry is that his latest book is out before I manage to finish...

Bishop Tutu Speaks Out

Posted on March 12, 2010
Can anyone tell me what Roman Catholic bishops have spoken out? Washington Post, 3/12/10 In Africa, a step backward on human rights By Desmond Tutu Hate has no place in the house of God. No one should be excluded from...

For Rick Garnett, Thomas Farr, and anyone else interested

Posted on March 12, 2010
The underlying issues are even more complicated and contested than Rick and Farr may realize. They are certainly more complicated and contested than *I* realized. Take a look here (from The Immanent Frame).

For Rob Vischer, Steve Smith, and anyone else interested

Posted on March 12, 2010
From The Immanent Frame. ?Religious nones? and the politics of American spirituality Historians, sociologists, and political scientists contribute to an ongoing debate over the degree and significance of the growth of America?s ?no religion population...

Vouchers, Abortion-Affecting Legislation, and 'Intervening Causes'

Posted on March 12, 2010
Hello Again, All, A quick legal-theoretic question for anyone here who might be willing to indulge me. I pose it with no intent to be 'provocative' or anything like that. I'm genuinely trying to get clear on the matter and...

Patrick O'Donnell on 'Spirituality, Religion, and Philosophy'

Posted on March 12, 2010
Hello All, Apropos Rick's and my posts yesterday touching on the 'spiritual, not religious,' disclaimer, as well as on Catholic Marxism and what I called 'spiritual materialism,' I'd like to commend to MoJ readers the first two installments of a...

Farr: Is Obama "sidelining" religious freedom?

Posted on March 12, 2010
My friend (and international-religious-freedom expert) Tom Farr has joined the "On Faith" blogging crowd at The Washington Post. He asks, here, whether Pres.Obama is "sidelining" religious freedom: President Obama has on several occasions articulated his commitment to international religious freedom...

Should biblical literalists hesitate before embracing originalism?

Posted on March 12, 2010
Peter Smith and Bob Tuttle have posted a new paper, Biblical Literalism and Constitutional Originalism, in which they note that proponents of biblical literalism have generally embraced constitutional originalism when they enter the judicial-political sphere...

Kaveny on the Montana assisted-suicide decision

Posted on March 12, 2010
My colleague, Cathy Kaveny, has a thoughtful and illuminating essay in Commonweal about the Montana Supreme Court's recent (and under-remarked) assisted-suicide decision. A bit: . . . [T]he majority recognized that in Montana (as elsewhere) public policy does not allow...

Steve Smith on the "Lukewarm Generation"

Posted on March 12, 2010
I won't normally cross-post here from the Law, Religion, Ethics blog, but MoJers might be interested in this post about the possible inverse relationship between social tolerance/diversity and the strength of religious belief. In particular, you should read Steve Smith's...

Linda Greenhouse on Clarence Thomas

Posted on March 12, 2010
Many MOJ readers will be interested in this: Clarence Thomas, Silent but Sure.

Steve Smith on "The End of Endorsement"

Posted on March 12, 2010
Steve Smith asks, over at the new Law, Religion, Ethics blog, whether we are seeing, in the Ninth Circuit's decisions rejecting First Amendment challenges to the Pledge and to the National Motto, the "end" of the Court's (well, really, Justice...

School-choice and abortion subsidies: A response to Bob Hockett

Posted on March 12, 2010
As Bob Hockett carefully explains, it is -- in the Court's view, anyway -- relevant to the question whether school-choice programs "establish" religion whether or not "public" funds disbursed through such programs reach religious schools directly, or through the mechanism...

Thomas Farr and the complexities of religious freedom

Posted on March 12, 2010
Thanks to Michael P. for the link to the (always interesting) "Immanent Frame." While it is always possible -- indeed, it is usually likely -- that "issues are even more complicated and contested than [I] realize," I am confident that...

Catholic bishops speaking out: An answer to Michael's question

Posted on March 12, 2010
Michael P. asks "which Catholic bishops have spoken out" -- as Bishop Tutu did in his March 12 Washington Post op-ed -- against proposed legislation in Uganda "that would make homosexuality punishable by life imprisonment." I have not been following....

On magisterial infallibility

Posted on March 11, 2010
I appreciate the care with which Robby has articulated the issues in his post below. Robby tells us what he understands the magisterium to say, both about its own teaching authority and about same-sex unions. The focus of my dispute...

More on the teachings of the magisterium and the teachings of Christ

Posted on March 11, 2010
We need to be precise about the propositions being asserted, so that readers can assess the competing arguments and decide where they believe the truth lies. Archbishop Chaput, I believe, asserts two propositions, (1) the validity of the teaching confirmed...

'Spiritual, Not Religious,' Catholic Marxism, and Spiritual-Materialism

Posted on March 11, 2010
Hello All, Rick's interesting recent posts remind me of a few related items I've meant to post about for a while now, and as it happens there's an open moment or two here, so here goes. First, on the 'spiritual,...

Law and Religion in the U.K.

Posted on March 11, 2010
LAW AND RELIGION SCHOLARS NETWORK (LARSN) CONFERENCE AND MEETING Centre for Law and Religion The Law School Cardiff University http://www.law.cf.ac.uk/clr Tuesday 11th May 2010 Venue: The Law Building, Museum Avenue, Cathays Park, Cardiff Take a look at the interesting agenda...

"The Audacity of the State"

Posted on March 11, 2010
Here is Douglas Farrow, writing in Touchstone, about state control of education (and many other things). Check it out: When I speak of the audacity of the state, the kind of state I have in mind is what we may...

Pope Benedict XVI on religious communities' freedom and "equality legislation"

Posted on March 11, 2010
Here are some interesting and timely remarks, shared by the Pope with the Bishops of England and Wales: Your country is well known for its firm commitment to equality of opportunity for all members of society. Yet as you have...

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