Wednesday, September 13, 2017
The annual John F. Scarpa Conference on Law, Politics, and Culture will be held at Villanova University on Friday, October 27. All are welcome to attend, and there is no cost to attend except for those seeking CLE credit. Details about registering for CLE credit will be posted on the Villanova School of Law homepage as the date of the conference approaches.
The conference, "Beyond Childhood and Adulthood: A Multidisciplinary Conversation about Humanhood," will focus on the new (not-yet-published) book by philosopher James Bernard Murphy, professor of government at Dartmouth, Humanhood: Beyond Childhood and Adulthood. Many readers of MOJ will be familiar with Professor Murphy's earlier The Philosophy of Customary Law (Oxford 2014) and The Philosophy of Positive Law: Foundations of Jurisprudence (Yale 2007). Here is a taste from the preface to the new book on which the conference will focus:
The study of a human life is intrinsically multidisciplinary. Although this book is framed by basic philosophical questions and arguments, I have drawn illustrative material from biology, psychology, political science, sociology, linguistics, biblical exegesis, anthropology, and literary theory. I have attempted to refer to studies reflecting major currents of scholarship in those fields. The questions we shall consider about the shape of a human life are timeless ones, but the empirical illustrations are undoubtedly time-bound. This book is thus perched between the eternal and the temporal, which is the story of every human life.
The timorous may stay at home!
Professor James Murphy will deliver the keynote address, and the other speakers will include:
Shelley Burtt, Executive Director of the Camphill Foundation
Phillip Reynolds, Aquinas Professor of Historical Theology, Candler School, Emory University
Marya Schetman, Professor of Philosophy and member of the Law of Integrated Neuroscience, University of Illinois at Chicago
Harry Brighouse, Professor of Philosophy, University of Wisconsin-Madison
James Gordley, W. R. Irby Chair, Tulane University Law School
I see that our good friends at Pepperdine have started to market themselves as "The Nation's Premier Christian Law School." I certainly agree that Pepperdine is an excellent institution that does a very good job of engaging and meaningfully embracing its Christian character. I hope, though, that they have not fallen into the old error -- and, knowing so many at Pepperdine, I have to believe they have not -- of excluding Catholics (and, more specifically, certain outstanding Catholic law schools) from their definition and understanding of "Christian"! Remember, Evangelicals and Catholics Together (on law)!
UPDATE: Although (as I hope is clear!) I intended this post as a gentle and affectionate bit of teasing, and not a critique, I should add that in various other places and communications of Pepperdine's it is said that the institution "aspires" or has "aspirations" to be the Nation's Premier Christian Law School. And, Dean Paul Caron has stated:
Since my first day, I have loved working towards our shared goal to become the nation's premier Christian law school by combining academic and research excellence with a deep-rooted commitment to our Christian mission that welcomes people of all faiths and backgrounds.
Such aspirations are, of course, entirely appropriate and to be celebrated. Those of us who teach at the Nation's Premier Christian Law School welcome the competition! =-) (I kid, I kid.)
UPDATE: Dean Caron has written a gracious follow-up post which sets everything straight and kindly concludes:
I am of course a huge fan of Notre Dame and the other great Christian law schools, and of the fine faculties at those schools. None of us at Pepperdine would in any way ever intimate that Notre Dame or other Catholic law schools should not be considered Christian law schools. Indeed, we have a large number of Catholics on our faculty (in addition to Jewish, Muslim, ans Sikh faculty). Like Rick, we believe we are all "fellow laborers in the vineyard."
Kevin Walsh and I have the annual Supreme Court Roundup at First Things, A Less Corrupt Term. In it we look back at some of the cases from last term and forward too. The range of cases looking back span the Obergefell-inflected genre, free speech (Packingham and Matal), law and religion (the church plan case and Trinity Lutheran), and Trump v. IRAP. We also discuss the political gerrymandering case on the upcoming docket (Gill v. Whitford) as well as Masterpiece Cakeshop. Here is a bit from the beginning:
In these unusually turbulent times for the presidency and Congress, the Supreme Court’s latest term stands out for its lack of drama. There were no 5–4 end-of-the-term cases that mesmerized the nation. There were no blockbuster decisions.
Even so, the Court was hardly immune to the steady transformation of our governing institutions into reality TV shows. Over the weekend leading into the final day of the term, speculation ignited from who-knows-where about the possible departure of its main character, Justice Anthony Kennedy. To us, the chatter seemed forced—as if the viewing public needed something to fill the vacuum left by a season of episodes with fewer sex scenes and less louche intrigue than usual.
But the scriptwriters did not disappoint entirely. In the season finale, the justices delivered split opinions in two cases that had not even been fully briefed and argued on the merits—one about President Trump’s limits on immigration from six majority-Muslim nations, the other about the right of a female same-sex spouse to be listed as a parent on a birth certificate alongside the birth mother. These opinions hint at some of the stories that will shape next year’s plotline—the first full term for the new character, Justice Neil Gorsuch.
And the producers promise a thrilling new season. For readers of this journal, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission is likely to be the most prominent case, one about the freedom of a Christian baker to decline to design a custom cake for a same-sex wedding celebration. Other potential showstoppers include a case about partisan gerrymandering and another round on President Trump’s executive order on immigration. We may also see more shake-ups in the cast. Before peering ahead to what may be coming, though, we look back at some of the signal events of the past term.
Monday, September 11, 2017
Link here:
I cannot begin this audience without expressing my profound sorrow at the terrorist attacks which yesterday brought death and destruction to America, causing thousands of victims and injuring countless people. To the President of the United States and to all American citizens I express my heartfelt sorrow. In the face of such unspeakable horror we cannot but be deeply disturbed. I add my voice to all the voices raised in these hours to express indignant condemnation, and I strongly reiterate that the ways of violence will never lead to genuine solutions to humanity’s problems.
Yesterday was a dark day in the history of humanity, a terrible affront to human dignity. After receiving the news, I followed with intense concern the developing situation, with heartfelt prayers to the Lord. How is it possible to commit acts of such savage cruelty? The human heart has depths from which schemes of unheard-of ferocity sometimes emerge, capable of destroying in a moment the normal daily life of a people. But faith comes to our aid at these times when words seem to fail. Christ’s word is the only one that can give a response to the questions which trouble our spirit. Even if the forces of darkness appear to prevail, those who believe in God know that evil and death do not have the final say. Christian hope is based on this truth; at this time our prayerful trust draws strength from it.
With deeply felt sympathy I address myself to the beloved people of the United States in this moment of distress and consternation, when the courage of so many men and women of good will is being sorely tested. In a special way I reach out to the families of the dead and the injured, and assure them of my spiritual closeness. I entrust to the mercy of the Most High the helpless victims of this tragedy, for whom I offered Mass this morning, invoking upon them eternal rest. May God give courage to the survivors; may he sustain the rescue-workers and the many volunteers who are presently making an enormous effort to cope with such an immense emergency. I ask you, dear brothers and sisters, to join me in prayer for them. Let us beg the Lord that the spiral of hatred and violence will not prevail. May the Blessed Virgin, Mother of Mercy, fill the hearts of all with wise thoughts and peaceful intentions.
Today, my heartfelt sympathy is with the American people, subjected yesterday to inhuman terrorist attacks which have taken the lives of thousands of innocent human beings and caused unspeakable sorrow in the hearts of all men and women of good will. Yesterday was indeed a dark day in our history, an appalling offence against peace, a terrible assault against human dignity.
I invite you all to join me in commending the victims of this shocking tragedy to Almighty God' s eternal love. Let us implore his comfort upon the injured, the families involved, all who are doing their utmost to rescue survivors and help those affected.
I ask God to grant the American people the strength and courage they need at this time of sorrow and trial.
Saturday, September 9, 2017
Go Irish.
. . . Your concern, as you expressed it, is that “dogma lives loudly in [Professor Barrett], and that is a concern when you come to big issues that large numbers of people have fought for years in this country.” I am one in whose heart “dogma lives loudly”, as it has for centuries in the lives of many Americans, some of whom have given their lives in service to this nation. Indeed, it lived loudly in the hearts of those who founded our nation as one where citizens could practice their faith freely and without apology.
Professor Barrett has made it clear that she would “follow unflinchingly” all legal precedent and, in rare cases in which her conscience would not allow her to do so, she would recuse herself. I can assure you that she is a person of integrity who acts in accord with the principles she articulates.
It is chilling to hear from a United States Senator that this might now disqualify someone from service as a federal judge. I ask you and your colleagues to respect those in whom “dogma lives loudly”—which is a condition we call faith. For the attempt to live such faith while one upholds the law should command respect, not evoke concern. . . .
Friday, September 8, 2017
Democrats for Life have issued a statement criticizing Democratic senators for the questioning of Amy Barrett in her confirmation hearing. Some excerpts:
Democrats For Life of America (DFLA) expresses its disappointment with Democratic senators and interest groups who are attacking federal court of appeals nominee Amy Barrett for her personal religious views on the dignity of human life at all stages.
Vigorous questioning of President Trump's judicial nominees is needed to ensure that if confirmed to the court, they will follow the law and protect civil rights and liberties. But Senator Dianne Feinstein (D-CA) stepped over a crucial line when she told Barrett in Wednesday's confirmation hearing: "The dogma lives loudly within you. And that's of concern when it comes to big issues."
Feinstein really means one issue, of course: abortion. And what she denigrates as "dogma" is the Catholic teaching that a human being is a person with dignity from the moment of conception--a belief held by millions of Americans, including believers of all faiths and nonbelievers alike.
But Senator Feinstein has no basis for holding this "dogma" against Professor Barrett. The nominee repeatedly made it clear that as a judge on a lower federal court, she would follow her oath to decide cases not by her personal views, but according to the law as set forth by the U.S. Supreme Court. Sen. Feinstein had no evidence with which to question those assurances. So instead she suggested that Barrett's statements could not be trusted because "the dogma lives loudly within [her]." ...
Unbelievably, senators and interest groups have attacked Barrett with a 20-year-old article she co-wrote--not about abortion, but about Catholic judges conscientiously opposed to the death penalty!
That article noted the strong Catholic teaching against capital punishment, and it said that a Catholic judge who opposed issuing a death sentence might have to remove ("recuse") herself from the case, which is a well-established practice. The article made it clear that recusal would be the proper step: The judge may not stay on the case and rule according to personal beliefs instead of the law.
Yet Democratic senators and supposedly "progressive" interest groups are claiming that Barrett said she would impose her beliefs upon the law—when, in fact, she said the exact opposite.
In other words: Barrett said that a judge should never contradict the law but should remove himself from a case if he, in conscience, believes that ordering the execution of a human being would be immoral. And Democratic senators are expressing "concern" about that. When did our party--which once stood up for the conscientious claims of civil-rights marchers--become so fearful and dismissive of personal moral conscience? ...
Democratic leaders remain so committed to protecting abortion from even minimal threats that they'll trample on other principles to do so. A nominee repeatedly makes it clear that she won't impose her personal beliefs as a judge--that she'll remove herself from a case if she faces a conflict of conscience. But Democrats still reject her because they think that she has strong personal religious beliefs ("dogma").
It's another example of how the Democratic Party loses its way when it focuses on protecting rigid abortion-rights ideology to the exclusion of all other principles. That same misguided focus has caused the party to lose all branches of the federal government and, in the last eight years, 1000 legislative seats around the country....
