Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, August 29, 2012

Swing State, Religion, and Policy

Late last week, the Washington Post published a photo essay entitled Liberty Through the Lens: Faith. This piece was the third in a series discussing liberty. The first lens concerned women and the second the economy. This article on faith was more than simply photographs. The Post asked a few dozen Virginians: "Do you think a political leader should rely on his or her religious beliefs in making policy decisions? How much does it matter to you that a candidate shares your religious beliefs?"

Given Virginia's connection to Thomas Jefferson and his thoughtful but complicated relationship with religion and Christianity, I found this to be an interesting exercise. Moreover, Virginia's identity as a "critical state" in the upcoming election, as well as our current national dialog regarding religious freedom, provide an interesting backdrop to the responses. While the questions posed have obvious shortcomings (For example: What is meant by "rely?"), the sample of participants small, and the answers limited in length, the piece can provide some food for thought.

I offer some observations, but suggest MOJ readers look at the piece themselves. First, my read of the responses was that the majority of participants are comfortable with or affirmatively favor political leaders drawing on religious beliefs or moral codes which the political leaders authentically hold. In other words, while there may have been a preference for some level of morality or faith, labels were an insufficient substitute for many. Second, many also underscored the importance of tolerance or respect for plurality from leaders. Finally, I observed something that continues to defy the "party operatives" and media. People are complex. When one looks at the brief description of the profession and religious identity of the participant, one might expect a certain answer. Often, the reader may be surprised by the response. Here at MOJ many have commented on our collective resistance to the media's label that "women voters" think one way or "Catholic voters" think another. This provides an anecdotal confirmation that religion and morality are complicated issues when they intersect with policy making, and many citizens understand that…even if the media and political pundits refuse to give the electorate that much credit.

Thursday, August 16, 2012

Victims Lost in the Discussion

Today the government of Ecuador granted asylum to Julian Assange. Apparently the reason for this decision was a concern regarding, not the allegations of rape and sexual misconduct in Sweden, but a fear claimed by Assange that he would be extradited from Sweden to the United States. As I reviewed the press coverage I could not help but notice that conspicuously absent from the discussion were the alleged victims of the sexual misconduct and rape. Ecuador claimed its decision was based on its "respect for human rights." Yet, where was the consideration of the rights of the alleged victims?

It was not only Ecuador who was silent on the rights of the alleged victims, but the media as well. As far as I could tell from the press coverage and a rough translation of Ecuador's press release on the matter, there was little to no mention of the alleged victims. Therefore, the central issue for which Assange was to be extradited was not discussed.

I am not an international lawyer and I do not claim to know the correct outcome for any of the several issues the Assange criminal case raises. I do note, however, that his seeking of asylum follows a complete and exhausted litigation in the British courts of his claims regarding the invalidity of the allegations against him. His arguments were repeatedly denied. It does seem to me that the alleged victims' dignity, right to be free from sexual violence and discrimination, and right to have their allegations investigated and litigated should at least be considered. Yet it seems that without even a mention, the claims of alleged victims have been lost in this international discussion. I thought we were past that.

Tuesday, August 7, 2012

The LCWR, The Vatican, and The Media

It is not a revolutionary comment to observe that contemporary social debate often lacks substance when it reaches to the public sphere. Too often complex issues, particularly ones involving religion and politics, are mishandled by the media and opposing arguments are oversimplified or sensationalized. Additionally, the debate can often be one that is so uncivil, that the substance is lost in favor of the rhetoric.

One issue coming to the forefront for many Catholics this summer is the tension between the Leadership Conference of Women Religious (LCWR) and the Vatican following its April report about the LCWR. This week, the LCWR is holding its annual meeting in St. Louis which will include, among other agenda items, dialog concerning the organization's response.

Fortunately, there is an opportunity to hear an in depth discussion from representatives of both sides of the issue. NPR's Terry Gross has interviewed both Sister Pat Farrell, President of the LCWR and Bishop Leonard Blair, author of the Vatican report. Each conversation afforded these individuals an opportunity to answer questions for approximately 40 minutes. While not perfect interviews, these conversations do provide one with a clearer picture of the viewpoint for each side of the issue and both are worth a listen.

Wednesday, June 27, 2012

More Lessons From Lynn Trial

Many thanks to Patrick Brennan for his discussing some other lessons from the Lynn trial. To follow on those points, here is the Philadelphia Inquirer's observation of the work of the prosecutors. As an aside, this piece notes that both current District Attorney Seth Williams, who is Catholic, and former District Attorney Lynn Abraham, who is not, faced criticisms of their handling of the investigation based on their religions. Finally, this piece offers another discipline's comment on some lessons learned from the victims of both the Lynn and Sandusky trials.

Tuesday, June 26, 2012

One of Many Lessons of the Lynn Trial

    Last week was quite a week for child abuse cases. As MOJ readers know, I have been periodically blogging about the Monsignor Lynn trial in Philadelphia. After 11 weeks of testimony and 12 days of deliberation, a Philadelphia jury convicted Lynn of one count of child endangerment, and acquitted him of the remaining two counts of conspiracy and child endangerment. (The trial judge previously ruled against prosecutors on another conspiracy charge). Lynn, whose bail was revoked, awaits sentencing. The jury deadlocked on the child abuse charges against Lynn's co-defendant Rev. James Brennan and the District Attorney is considering whether to retry him. The third original defendant, former priest Edward Avery, pled guilty just prior to trial to abusing a child and is serving a jail sentence. Coverage of the verdict and commentary can be found here, here, and here.

    Many commentators and advocates have hailed the verdict as an unprecedented warning to those in bureaucratic positions that they must act to protect children. Indeed, a second important trial is pending in Missouri where Bishop Robert Finn is accused of violating mandatory reporting laws regarding his knowledge of a priest's possession of child pornography. Both cases arguably represent prosecutors' innovative utilization of child abuse laws to hold accountable, not only direct offenders, but those in positions of trust who enable abuse to occur.

    These cases likely will prove to be important in deterring indirect offenders from acting in ways that jeopardize children. Thus, this approach could be a useful tool in the fight against child sexual abuse by sending a clear message that sharp prosecutors and civil lawyers will respond to incidents of child abuse to ensure that innocent children are protected.

    Among the many lessons of these cases, there is at least one lesson for legal educators. Lawyers not only play an important role in responding to victimization; they also can play a critical role in preventing it. Jurors in the Lynn trial heard significant evidence of an institutional culture that was not conducive to protecting children. Such a culture is surely not limited to the Archdioceses of Philadelphia and Kansas City-St. Joseph. One need only consider the same-day conviction of Jerry Sandusky at Pennsylvania State University and the pending cases against Tim Curley and Gary Schultz to see the problem a climate of indifference can cause in any institution.

    Legal educators can take this opportunity to remind our students that lawyers can do more than react to victimization – they can work to prevent it. A young attorney need not seek out a career as a prosecutor to impact important social change. Imagine if in each of these situations there was an attorney present in the institution who was doing more than responding to the abuse of a child, but proactively creating an institutional climate conducive to protecting children. Such a lawyer would be involved in training people at all institutional levels about the realities of child sexual abuse, the strategies to prevent it, and the indicators of unhealthy and high risk situations. This lawyer would recognize the value of an atmosphere where employees feel safe in sharing their concerns and are not fired or accused of ecclesiastical disobedience when they voice alarms. Such a lawyer would contribute to a climate concerned first with child protection and second with protection of anything else. It would be a climate of prevention and protection, not reaction and preservation. It would be a climate consistent with our Catholic teaching that "dignity of the human person is the foundation of a moral vision for society" and, therefore, certainly a solid foundation for any institution.

Monday, May 28, 2012

Intersection of Graduation Day and Memorial Day

 

Thanks to Tom for this post regarding the wonderful Tom Mengler and his thoughtful reflections on why a Catholic law school should be Catholic. I would like to offer an example of what I think Dean, now President, Mengler referenced.

Earlier this week I was present at our law school graduation mass. It was especially lovely due to bountiful student participation. An acutely poignant moment for me was during the prayers of the faithful, which were read by many individual students. The prayer for members of our military, particularly those who had been killed or injured and their families, was read by a student, Mary, whom I knew to be a veteran. She was also the President of our Catholic Lawyers Guild. As she read those words, I was moved, as I knew that she intensely understood their profound meaning. With less than one percent of Americans in active duty military service, Mary had been asked to serve her country at great sacrifice and risk. She had resisted the social messaging given to her generation (not to mention women of her generation) as well as the easier path of self-enrichment selected by most of her peers, and answered the call of her country. No doubt as she read that prayer, she was keenly aware of the effects of war and its casualties.

That, however, was not the most interesting part of this observation. I had had the pleasure of meeting her mother, also named Mary, before mass. Like many of the graduates' parents, she was beaming with pride. The three of us began talking and I had remembered that the Mary's brother had come to visit our law school class shortly before himself deploying to Afghanistan. I also learned another brother was a fireman. I inquired from the mother if theirs was a military family and was surprised to learn it was not. What inspired her children to follow such paths of service and heroism? "Oh, that was September 11th," she modestly stated.

It was not just September 11th. As I talked more to this family and their particularly humble mother, it was clear to me it was so much more. It seemed to me that through her faith, this mother had instilled values of service, sacrifice, and responsibility in her children. So, when an event like September 11th occurred, they were ready to respond in a way few others do…with their lives if necessary.

This is perhaps an example of what Dean Mengler meant when he said that a Catholic law school should help students "continue on their journeys by searching actively for the truth in their lives." These are the students who come to us. Whether, as I suspect in Mary's case, they come from a Catholic tradition which values service, or from some other community, so many students come to law school searching for that truth in their lives, and understanding that it is found often in serving others. I might suggest that it is one role of a Catholic law school: to continue the work of the students and their mothers and fathers, families, and all those who helped instill in those students such values. The Catholic law school is different because its mission does not end with solely providing intellectual and academic excellence - necessary components of a legal education. Beyond that, it should also be a place that nurtures these students, reinforces and strengthens their resolve to serve, and awakens such a resolve in others. As in Mary's case, they often come to us from fertile ground. We take on an almost sacred responsibility to cultivate that ground, make it more potent, and support it, such that it will bloom even more brilliantly than when it came.

Our conversation ended with Mary's mother saying she "was so excited to see what Mary will do next. I know it is going to be great." I was honored to have met them, honored to have been present for the prayer, and honored that Mary and students like her choose to attend our law school. Catholic law schools, I might suggest, serve an important role of nurturing and promoting the whole student to achieve all the great-- and selfless-- things Mary's mother envisions.

Monday, May 21, 2012

Philadelphia Trial Turns a Corner

The Philadelphia trial of Msgr. William Lynn and Fr. Brennan turned a corner last week. After 8 weeks of testimony, the prosecution rested its case. While the evidence cannot be recounted adequately in this post, the press summarized some important events and themes here and here.

This case has raised important questions about child protection, appropriate response, institutional climates, and the role of lawyers. As the press articles suggest, most predict that Msgr. Lynn's defense will not be to question whether certain events occurred. Rather, he is expected to continue to describe the situation as one in which he was attempting to take action, but his superiors were hindering his efforts. Fr. Brennan denies any wrongdoing.

Last week the trial judge dismissed one of two conspiracy charges against Lynn. Remaining are two counts of endangering the welfare of a child and one count of conspiracy. Brennan faces charges that he sexually assaulted a child. The defense presents it case this week. Jurors are expected to have it by Memorial Day.

Monday, May 14, 2012

Commonweal on Lynn

There is an interesting post about the Lynn trial on Commonweal's blog. You can find it here.

Saturday, May 12, 2012

The Catholic University of America Graduation

Today I had the pleasure of attending the 123rd commencement at The Catholic University of America. The graduation speaker for the University was Cardinal Timothy Dolan, Archbishop of New York. He had some interesting and inspiring reflections he shared with the graduates and their families. Here is an excerpt:

That we are at our best when we give ourselves away in love to another — the Law of the Gift — is I'm afraid, "counter-cultural" today, in an era that prefers getting to giving, and entitlement to responsibility;

in a society that considers every drive, desire, or urge as a right, and where convenience and privacy can trump even the right to life itself;

and in a mindset where freedom is reduced to the liberty to do whatever we want, wherever we want, whenever, however, with whomever we want, rather than the duty to do what we ought . . .well, the Law of the Gift can be as ignored as a yellow traffic light in New York City.

It reminded me of the unique role of Catholic education to prepare our students not only professionally and academically, but also to be counter-cultural in a pursuit of what is just. Here is the address in full:

http://publicaffairs.cua.edu/releases/2012/dolan-commencement-speech.cfm

Or, one could just reflect upon a poster I saw on campus last week aimed at the graduating seniors. It reminded the students to remember the reasons they selected Catholic University …and to not forget to take those values with them as they enter the world.

 

Sunday, April 15, 2012

Week Three of Lynn Trial

Last week's testimony continued during the trial of Msgr. Lynn and his co-defendant, Fr. James Brennan. Much of the evidence continued to portray an atmosphere of people complaining about abusive priests to Lynn's office and the Archdiocese failing to act appropriately. Lynn's attorneys continued to pursue a strategy of asserting that removal of priests was the duty of the now deceased Cardinal Bevilacqua and not Lynn.

Two witnesses may be of particular note to MOJ readers, however. One was Bishop Robert Maginnis as vicar of Montgomery County, Pennsylvania. Earlier in the trial, Sister Joan Scary testified that she was concerned when a Fr. DePaoli was receiving what appeared to be a form of pornography at a church rectory. Fr. DePaoli had a prior conviction for child pornography possession, but was allowed to serve in a parish without notice to the parishioners about his conviction. After Sister Scary mailed her concerns and relevant information to the Bishop, she was fired from her position. Bishop Maginnis testified in connection with these events and, according to the New York Times, he stated that "he could not remember much about the episode but that he had been trying at the time to establish whether the sister's assertions were true." In 1996 he reportedly wrote to Msgr. Lynn that "perhaps she [Sr. Scary] is using [the pastor's] absence to cast doubt on Father DePaoli's credibility." DePaoli continued as a priest until, due to abuse of children, he was defrocked in 2005. Lynn's defense attorneys confirmed with Maginnis that Lynn, as Secretary for the Archdiocese, did not have the power to remove priests but that said power rested with the Cardinal.

A second interesting witness testified at the intersection of canon law and criminal law. Here is some of the Washington Post's (via the Associated Press) reporting:

An expert on "canon" law angrily called it "obstruction of justice, cubed" for a Roman Catholic archbishop to have shredded a list of 35 active priests accused of molesting children.

***

The Rev. Thomas Doyle, an expert on Roman Catholic law, testified at Lynn's child-endangerment trial Thursday. Lynn, 61, is the first Catholic church official in the U.S. charged with child endangerment for allegedly failing to protect children from suspected priest-predators.

Church law requires church officials to investigate the complaints, Doyle said. And the archbishop — following the teachings of Christ — should have sought out victims to offer pastoral care, he added.

"He's got a list of men who are sexually abusing children, and he's going to shred it?" an incredulous Doyle asked on cross-examination from defense lawyers.

***

Jurors also heard excerpts Thursday from Lynn's 2002 grand jury testimony. Lynn testified that his office had never referred any of the complaints to local authorities despite a 1995 state law that added clergy to a list of mandated reporters of suspected child abuse.

Lynn believed the law only required reporting if a "child" had made the report. That rarely if ever happened. The reports were coming in from adults who said they were abused as children, or occasionally from parents of minors, he testified.

 

If this reflects Msgr. Lynn's beliefs accurately, this would be a rather narrow reading of mandatory reporting statutes. The purpose of such statutes lies in the fact that child abuse is so often underreported by children. As a result, mandatory reporting statutes require certain professionals to report suspicions of child abuse to state officials so that cases will be investigated even without a disclosure from a child. As the trial progresses it will be interesting to see what the jury thinks of this claim. Notably, Lynn is not charged with violation of that statute but with endangering the welfare of children.

The trial will start its fourth week on Monday.