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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

Imaging a post-gender world

Posted on August 24, 2009
Bennett Capers looks at the Caster Semenya case (the South African runner whose gender has been challenged) as another example of society's exclusion of certain segments of the population through binary classifications.

Health Care Reform and "Abortion: Which Side is Fabricating?"

Posted on August 24, 2009
Factcheck.org has this to say about health care reform and abotion: " Despite what Obama said, the House bill would allow abortions to be covered by a federal plan and by federally subsidized private plans." Read the rest at the...

"Judge Upholds Law Requiring Doctors to Tell Women Abortion Ends Life"

Posted on August 24, 2009
According to the Catholic Spirit (Archdiocese of St. Paul and Minneapolis): A federal judge in South Dakota ruled Aug. 20 that a 2005 South Dakota law requiring doctors to inform patients that abortion kills a human being is constitutional. U.S....

Lay Authority

Posted on August 24, 2009
I share Susan's puzzlement over why restricting the governance authority of the laity is considered necessary to "preserve the distinctiveness of the ordained priesthood." Why are attempts to strengthen the authority of lay people in the Church almost invariably seen...

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Welcome to new law students!

Posted on August 23, 2009
I had the pleasure, yesterday, of welcoming the incoming first-years to Notre Dame Law School. The experience reminded me of just how exciting those first few days of law school were (and, I hope, still are). And, to prepare, I...

A Paper of Possible Interest: The Nuremberg Trials

Posted on August 23, 2009
The Nuremberg Trials Douglas Linder University of Missouri at Kansas City - School of Law 2007 Abstract: No trial provides a better basis for understanding the nature and causes of evil than do the Nuremberg trials from 1945 to 1949....

The ELCA and Plucking a Thread from a Garment

Posted on August 23, 2009
I don?t have time for more than short answer to Greg?s question. (It is Harvest Festival weekend here at St. Hubert?s in Chanhassen.) I do believe it is possible to pluck one thread from Christian teaching without unraveling the entire...

The ELCA, the Episcopal Church, and the Integration of Church Teaching on Sexual Morality With Christian Doctrine

Posted on August 23, 2009
?You have the words of eternal life. We have come to believe and are convinced that you are the Holy One of God.? Peter?s response to Jesus in today?s Gospel reading (John 6:60-69) encapsulates the central teaching of our Catholic...

St. Cory?

Posted on August 21, 2009
From John Allen's column today (Disclosure: I chose St. Joan of Arc as my confirmation saint.): When former President Corazon "Cory" Aquino of the Philippines died from colon cancer on August 1, she was hailed as a popular saint for...

Michael Perry's Question

Posted on August 21, 2009
Michael Perry asked yesterday what it means to identify oneself as Catholic. Although I did not have his question in mind when I wrote my Creo en Dios! blog post this morning, which commented on today's Gospel from St. Matthew,...

What does it mean to identify oneself as "Catholic"?

Posted on August 21, 2009
For me it is a willingness to ask God each day for the grace to say "Be it done unto me according to your will" and the grace not to beat myself up when I fail at this a million...

Kaveny joins the Dershowitz / Scalia debate

Posted on August 21, 2009
My colleague Cathy Kaveny has posted some thoughts in response to the Dershowitz piece we've been discussing. And, she proposes that Dershowitz's debate challenge be expanded to cover a particular text, St. Thomas Aquinas on the duties of a judge...

What does the ELCA get that, say, the magisterium doesn't? Or vice versa?

Posted on August 21, 2009
Here.

"What's going on?"

Posted on August 21, 2009
Michael P. asks "what's going on?" with respect to the investigations into women religious in America. Michael references a PBS interview of National Catholic Reporter's Tom Fox. In that interview Fox speculates that the Vatican may be attempting "to rein...

U.S. Nuns and the Vatican Inquisition: What's going on?

Posted on August 21, 2009
Check it out, here.

A Conservative?s Road to Same-Sex Marriage Advocacy

Posted on August 20, 2009
That's the title of an interesting piece (NYT, 8/19/09) about Ted Olson's role in the effort to get SCOTUS to rule that states may not deny the benefit of law to same-sex unions. An excerpt: Theodore B. Olson's office is...

Why doesn't Dershowitz's question deserve an answer?

Posted on August 20, 2009
In fairness to Prof. Dershowitz, I do not think he is scolding Justice Scalia for, as Rick puts it, "not being more aggressive about incorporating the moral teachings of the Roman Catholic Church into the constitutional doctrines of the United...

Dershowitz's disingenuity

Posted on August 20, 2009
It is strange to hear Prof. Dershowitz scolding Justice Scalia for not being more aggressive about incorporating the moral teachings of the Roman Catholic Church into the constitutional doctrines of the United States Supreme Court. Weren't we supposed to be...

U.S. Bishops Must Back Obama

Posted on August 20, 2009
So says an editorial in the August 15 issue of The [London] Tablet The International Catholic Weekly: President Barack Obama?s health-care reforms are in deep trouble. All over the United States rival lobby groups have argued and sometimes clashed as...

Transubstantiation

Posted on August 20, 2009
As we have been working our way through John 6 at Mass these past few weeks, this passage from the Omnivore's Dilemma caught my attention. "[The grass farmer] reached down deep where his pigs were happily rooting and brought a...

What does it mean to identify oneself as "Catholic"?

Posted on August 20, 2009
I asked that question earlier today. A reader responds with a quote from Walker Percy: "What distinguishes Judeo-Christianity in general from other world religions is its emphasis on the value of the individual person, its view of man as a...

To hell with the so-called common good! It's all about ME!!

Posted on August 20, 2009
Let's hear it for the preferential option for the elderly--even the well-to-do elderly! Here.

From Santiago to San Diego

Posted on August 20, 2009
Early this morning, I returned from a student-produced constitutional law conference in Santiago, Chile. (What a breathtakingly beautiful city it is--Santiago--surrounded by the snow-capped Andes. If only I had had time to hike.) On Saturday morning, I leave for San...

Ted Olson ... Doug Kmiec ... and Rick Garnett

Posted on August 20, 2009
Isn't it interesting--not to mention startling, disappointing, unnerving ...--that Ted Olson (with respect to same-sex unions) and Doug Kmiec (with respect to Obama) aren't ... well ... insightful enough to get it. Get what? That they are contradicting their earlier...

Ted Olson

Posted on August 20, 2009
With respect to Michael's shout-out to members of the Federalist Society (yes I am!), Ted Olson's quip -- "I thought, why wouldn?t I take this case? Because someone at the Federalist Society thinks I?d be making bad law? I wouldn?t...

Rob's (and Vischer's) question

Posted on August 20, 2009
In response to Rob -- whose question would certainly "deserve an answer", even if Prof. Dershowitz's did not -- who asks, "if moral opposition to the death penalty requires resignation for a judge who is required to preside over the...

Question about Natural Family Planning and the EEOC

Posted on August 19, 2009
WIth respect to the question posed by our reader, I agree with Rob that the EEOC is unlikely to deem the coverage of NFP sufficient. It is the second of the reasons Rob mentioned that is key. The claim here...

Wide Pro-Life Coalition Gears Up

Posted on August 19, 2009
A veritable mosaic of groups, including the solid and brilliant Students for Life and Democrats for Life, has been formed to oppose the social validation of abortion as simply a matter of health care. Check out this site: http://www.youtube.com/watch?v=_RD7hJhwy5g

Could natural family planning satisfy the EEOC?

Posted on August 19, 2009
Regarding the situation facing Belmont Abbey College, a reader asks: If a Catholic institution provided coverage for NFP training (but not contraception) would that legally satisfy the EEOC?s complaint? In other words, I understand that the EEOC could make an...

Oklahoma "Law Requiring Ultrasounds for Abortions is Struck Down"

Posted on August 19, 2009
According to the Washington Post: "An Oklahoma judge decided Tuesday that doctors do not need to perform ultrasounds and offer women detailed information about the tests before performing abortions." For the full article, click here. The abortion clinics opposing the...

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