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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

An Interview with Pres. John Garvey

Posted on February 11, 2011
Here is (I think) a really good interview with my friend and former colleague, John Garvey, who is now the new President of the Catholic University of America. It's all worth reading, but this part struck me in a particular...

Women Shaping the Church at Loyola

Posted on February 11, 2011
I just got back from Loyola University Chicago, where I had the pleasure of being invited by the Sister Ann Ida Gannon Center for Women and Leadership to contribute to a panel of women engaging in what was billed as...

Hard Proof of the Existence of a Benevolent God...

Posted on February 10, 2011
could be found this evening, as the forces of light resoundingly beat back those of darkness.

What's not to like?

Posted on February 10, 2011
A spokesman for the Muslim Brotherhood explains (in the NYT) what his group seeks for Egypt: As our nation heads toward liberty . . . we disagree with the claims that the only options in Egypt are a purely secular,...

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Luban on King on civil disobedience

Posted on February 10, 2011
Years ago, David Luban wrote an article about Martin Luther King, the legal system, and King's Letter from a Birmingham Jail. (87 Mich. L. Rev. 2152) This part really grabbed my attention: [T]here is an important sense in which Socrates,...

New Natural Law and Natural Rights On-line Resources

Posted on February 09, 2011
As one who teaches a fall seminar to law and graduate philosophy students entitled Natural Law & Natural Rights, I am in debt to our friend and colleague Robby George and his collaborators who have initiated a new on-line resource...

"Religious Companies"

Posted on February 09, 2011
10 Religious companies (besides Chick-fil-A). Call me skeptical! UPDATE: For the real deal, check out Our Project.

Complexity and Beauty, Law and Aesthetics

Posted on February 09, 2011
Sometimes people say that a simple theory is an elegant theory. Or one might hear that a theory is beautiful in its simplicity. That might mean that a simple theory is an effective theory, and that in turn could have...

CST in the Washington Post

Posted on February 08, 2011
Readers will perhaps have seen this piece by Michael Gerson in today's Washington Post discussing the current and past compositions of House Catholics (there are roughly an equal number in total, but the percentage of Republican Catholics increased considerably in...

"Healthy Secularity" . . . in Rome, and in Charlottesville

Posted on February 08, 2011
Last week, I was honored with the opportunity to present a lecture sponsored by the St. Anselm Institute for Catholic Thought, at the University of Virginia, on "Positive Secularism: Understanding the Separation of Church and State." Notwithstanding the Institute's mis-step...

A Republic of Statutes

Posted on February 08, 2011
Villanova Law has been in the news of late, alas, but far more interesting (and nourishing) than any of that will be the Scarpa Conference this Friday. I link here to the details, which I've mentioned on MOJ twice before....

The Obama's and the Nation's Nutrition

Posted on February 07, 2011
I am pleased to see that the First Lady is working with the National Restaurant Association to encourage "restaurants to adopt her goals of smaller portions and children's meals that include healthy offerings." But, it seems to me that her...

Questions on the Bush conscience regs

Posted on February 07, 2011
Apparently the Obama Administration is due to issue its new regulations on conscience rights for health care providers sometime between now and March 1. (See this court filing.) I'm trying to get up to speed on the Bush regs, and...

Leaving the Catholic Church

Posted on February 07, 2011
As I mentioned in passing on a post sometime back, I left the Catholic Church many months ago. For those interested, I explain why today over at religiousleftlaw.com. As an outsider to the Church now, I avoid criticism of Church...

"If the viewing of pornography is legal, income should not be a barrier."

Posted on February 07, 2011
As Rick pointed out a few days ago, we usually do not equate "legally permissible" with "must be funded by the government." At a minimum, we should be prepared to make separate arguments for government funding; the fact that an...

Against Restitution as the Core Aim of Criminal Law

Posted on February 07, 2011
There is a story in today's National Law Journal (unfortunately kept under lock and key) about orders of monetary restitution to make victims of child pornography whole. The defendants in some of these cases have been convicted of possession of...

Laura Ingraham and John Locke on Religion in the Public Sphere

Posted on February 07, 2011
In his Letter Concerning Toleration, Locke states that church and state should be separate but the church's sphere of influence should be limited, extending only to the other worldy salvation of its members souls. He writes: "The end of a...

The Beginning of Life

Posted on February 05, 2011
Today's "Daily Thought from Jean Vanier" is too lovely for me not to share: The life that begins when a child is conceived is a powerful reality, hidden in that first cell. This life is not just a physical thing,...

Looking at Egypt as an American Catholic

Posted on February 04, 2011
Commmonweal currently has interesting pieces on events in Egypt here and here. A stable Egypt has contributed to peace in the region since the Camp David Accords, but our economic and strategic support of the regime has undoubtedly been in...

Formalism and Formality

Posted on February 04, 2011
For many law professors formalism generally draws at best mixed reviews (there are exceptions, of course -- I've heard tell of some maverick neo-formalists as well as formalists in the great white north of Toronto). Brian Tamanaha's recent book even....

Kuyper tackles the BJR

Posted on February 03, 2011
Fans of Abraham Kuyper (and who isn't?) will want to check out this new paper by Lael Daniel Weinberger, "The Business Judgment Rule and Sphere Sovereignty." Here's the abstract: The Business Judgment Rule prevents courts from reviewing the substantive business...

Does the physician's right of conscience encompass a right against compelled speech?

Posted on February 02, 2011
My post of Mark Rienzi's new paper arguing that physicians have a constitutional right not to be required (by the state) to participate in abortions triggered this comment from Kevin Walsh: What about laws that enlist doctors to provide scripted...

Religious liberty and SSM in Maryland

Posted on February 02, 2011
Download Maryland letter Here is a letter, signed by Tom Berg, Marc Stern, Ed Gaffney, Robin Fretwell Wilson, Carl Esbeck, and me, to members of the Maryland legislature, urging them to make accommodations for religious liberty in any statutes recognizing...

Obstreperous Italy

Posted on February 02, 2011
This story (h/t Mark Movsesian) reports Italy's rejection of the EU's "statement against persecution of religious minorities" because of what it claims to be the studied failure to reference the persecution of Christians. Italy was supported by France (vraiment??) in...

Modern Day Admirers of Henry II

Posted on February 01, 2011
I appreciate Rick?s post (here) concerning British MP Frank Field?s efforts to require the General Synod of the Church of England to approve the consecration of women bishops by ending the C of E?s exemption from the county?s gender equality...

Does a health care provider have a constitutional right not to participate in abortions?

Posted on February 01, 2011
Mark Rienzi has posted a fascinating new paper, The Constitutional Right to Refuse: Roe, Casey, and the Fourteenth Amendment Rights of Health Care Providers. Here's (a portion of) the abstract: The Court?s substantive due process analysis typically looks for rights...

Episcopal Appointments: Comic Relief

Posted on February 01, 2011
Rick and I each recently posted on the practice of state involvement in the appointment of bishops. Rick shared with MOJ readers the powerful scene of St. John Fisher's martyrdom as depicted in "The Tudors." For a humorous look at...

Obama Bioethics Commission report on synthetic biology

Posted on February 01, 2011
In December, President Obama's Bioethics Commission issued a report on synthetic biology -- the engineering of new forms of life. I have not heard much news coverage about it, and I haven't read the report. For my own research purposes,...

"The Moral and Legal Obligations of Catholic Judges"

Posted on February 01, 2011
Well, this piece, by Frank-Paul Sampino, at Dappled Things, is certainly right at the heart of many conversations we've had at MOJ over the years. Here is Sampino's central claim (which he elaborates and defends in the essay): Generally speaking,...

"Church must make women bishops, say MPs"

Posted on January 31, 2011
Fascinating. It's obvious (I hope!) that it would be Sedition-Act-level unconstitutional if a government in the United States purported to require a religious community to make anyone a bishop whom that community did not want (for any reason) to make...

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