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.

Tuesday, January 12, 2021

Teaching in Person at a Catholic Law School During the Pandemic (Part One: Safety)

Over the next week, I plan to post three observations from my personal experiences teaching — and teaching in person — at a Catholic law school during the pandemic. In today’s post, I’ll address the question of health and safety for faculty and students in an in-person classroom environment, while a virulent disease rampages through our society. In the next post, I’ll discuss effectiveness of education given the constraints of a hybrid in-person/online format and social distancing with masks. In the third post, I’ll discuss the unprecedented challenges during the pandemic of fostering a sense of community, which is a central part of our mission as a Catholic law school.

CovidThe bottom-line to this first post on the health and safety concerns is that we appear to have succeeded without exception in keeping the virus at bay in the classroom.

Like other universities and law schools, we deferred to each professor’s (and student’s) judgment as to whether appearing in the classroom was safe. For the law school, we ended up (for first-year students) with more than 80 percent of our course sessions being offered in person, through the voluntary choices of teaching faculty, including myself. Our mostly in-person availability for first-year classes proved to be very popular with incoming students, several of whom told me that it influenced their final choice among schools, especially as the other two law schools in the Twin Cities had moved almost entirely online.

The University of St. Thomas, and the law school, devoted the months since the pandemic lock-down in March to plan for returning to in-person teaching in the fall. The dedication of the administration, information technology experts, and support staff cannot be praised enough. They made sure that we had the necessary technology to simultaneously provide in-person instruction and include students who had to remain online. They prepared each classroom for the necessary social distancing and essential sanitation.

Continue reading

Thursday, January 7, 2021

From Four Years Ago: With Donald Trump, The Wolf Comes as a Wolf

https://mirrorofjustice.blogs.com/mirrorofjustice/2016/02/with-donald-trump-the-wolf-comes-as-a-wolf.html

Wolf

Saturday, December 26, 2020

Abuse of the Pardon Power: Highlighting the Positive Good of Clemency as Described by Mark Osler and a Shameless Self-Promotion of a Past Work of Mine

President Trump's pardon of corrupt political cronies and another group of war criminals who murdered children and other innocents was indeed "nauseating." Not only are they grotesquely unjustified, but they leave a negative impression about the positive good of clemency. For a most important discussion of these issues, including a wonderful colloquy with my University of St. Thomas colleague, Mark Osler, I encourage everyone to watch this program.

Much of my recent work focuses on accountability for official wrongdoing. A most troubling aspect of the recent slew of arbitrary pardons by President Trump is that they come at a point in which he has no accountability for his actions. There is a reason he did not issue these pardons until now, which is that he knew these controversial actions would have further damaged his chances of re-election. But there lies the problem, for which a simple solution is available.

Two decades, ago, in the aftermath of controversial pardons to relatives and cronies by President Clinton at the end of his second term, I wrote an article titled "Suspending the Pardon Power during the Twilight of a Presidential Term". I proposed amending the Constitution to suspend the pardon power, other than to delay an execution, from the date of a presidential election until the inauguration for the next administration. Building on my earlier suggestion of the same in an op-ed, a proposal was introduced in Congress in 2001 to do just that but, alas, went nowhere. It is now time to renew the proposal.

Tuesday, November 17, 2020

One Christian’s Fallible Thoughts on the Lessons of (and Warnings from) the Election for People of Faith on Both Sides

I_voted_sticker_Boston_2016

To my faithful friends and family of who voted for the losing candidate:

“[Biden’s] victory caused people to weep in joyful relief as they became aware of the heaviness that had afflicted their hearts, after they’d suddenly been relieved of it.”

The words above express what so very many of us felt when the presidential election was finally called days afterward. I myself was startled to find tears forming in my eyes when I knew for certain that the Trump presidency was now in its last days. I truly felt like a heavy weight had been lifted off my chest.

I do understand that those who voted for President Trump had a very different emotional reaction after his defeat: grief, anger, fear, denial. I do wish to extend sympathy toward Trump supporters with their deeply felt disappointment. I have always sought to understand in a sympathetic way why so many of my brothers and sisters in Christ reached a decision to support this man, who I saw as so undeserving of their faith (and I speak more of what I think I’ve learned in my words to Biden supporters below).

But in the interests of understanding each other in the community of Christian faith, I do ask those who voted for Trump to take a moment and try to understand (and perhaps even find empathy for) why so many of us felt intense relief that we would not be experiencing another four years of this presidency. Can you appreciate the wounds that so many Americans felt from the hostile words, blizzard of insults, and unceasingly childish behavior of the man in the White House?

Continue reading

Friday, October 16, 2020

Ending the Train-Wreck Presidency (or Why I'm Voting for Biden)

In my professional life, I have not been reticent to express my opinions on matters of the law and legal reform, taking clear and I believe well-informed public positions on matter of public policy.  In my personal life, I have not been quiet in expressing my political views, including judgments about candidates.  (And in expressing political opinions here, I of course do so in my personal, academic, and professional capacity, not on behalf of my Mirror of Justice colleagues or speaking for the University of St. Thomas.). My colleagues, professional associates, family, and friends know where I stand on major issues:

  • I believe in robust protection of religious liberty, including the right of individuals, religious schools, and churches, mosques, and synagogues to express religious views and exercise religious practices that may not be in vogue with the cultural elite.
  • I believe that educational choice — including (especially including) religious schools — is one of the most powerful engines for progress, equal opportunity, and racial equity.
  • I believe that the right to life of the unborn should be recognized as a compelling civil rights cause.
  • I believe that people in urban areas, as well as suburban or rural, have a right to be safe from violence, whether safety is endangered by racist police subcultures and unnecessarily militaristic practices or by foolish calls to defund and abolish the police.
  • I believe that law-abiding citizens have a constitutional right to own a gun for self-defense or sport and am a gun owner myself.
  • I believe in freedom of speech and defend it against threats by self-righteous intolerant persons in the cultural elite of academia, media, and government or elsewhere in society.
  • I believe that socialism is a dangerous ideology with a long history of destroying economic prosperity and undermining liberty throughout the world.
  • And I believe that government and politicians are as often the problem as the solution, so that we often (not always, but often) are better advised to look for community-based partnerships for the common good.

I understand and respect that most people who share all or most of the beliefs that I have just articulated will find it difficult or impossible to support Joe Biden for president.  They instead find themselves, even with grave misgivings, forced to the conclusion that President Trump is the lesser evil in this election.  I love many people and know and appreciate others who, while acknowledging the grave flaws in this disordered man and saddened by the choice, will reluctantly cast a vote for Donald Trump.  And I know others who conclude the only alternative is not to vote for president or to cast a protest vote for a write-in or third-party candidate.

Train-wreck_137015But I submit these conclusions are badly mistaken at this moment in history.  The greater good, the higher priority right now is to bring an end to this train-wreck presidency.

I do not think that religious liberty, free enterprise, educational opportunity, public safety, or the right to life of the unborn are at all safe in the insecure hands of this president.  Indeed, I fear that the principles that I hold most dear are endangered in the long run (and not so long run) by being so closely associated with this toxic figure.

Continue reading

Tuesday, October 13, 2020

Wajahat Ali: If Amy Coney Barrett Were Muslim

In today's New York Times, Wajahat Ali wrote a column titled, If Amy Coney Barrett Were Muslim. Drawing parallels with Judge Barrett's Catholic background and experiences, Ali points to the scurrilous and bigoted comments made by many on the right about Muslims in public life. While I am disappointed that he compromised the strength of his argument by ending with a political attack on Judge Barrett's judicial philosophy (confirming leftist bona fides is apparently obligatory these days at the New York Times), Ali's column strikes me as a sadly fair description of hypocrisy and anti-Muslim antipathy among many Americans, including those who claim to care about protecting religious faith.  Ali's column should be read by every faithful Catholic, both to be reminded of the importance of a robust understanding of religious liberty and to stand in solidarity with our Muslim brothers and sisters when they suffer bigoted attacks and ignorant attitudes.

 

 

Thursday, October 8, 2020

Braver Angels: "What We Will Do to Hold America Together"

Braver Angels, a diverse group of people of different backgrounds and political beliefs, strives to bring America together and help move us in a united way toward the common good.

"What We Will Do to Hold American Together" is a public letter speaking to unity in these divided times.

You can read -- and sign -- the letter here.

Saturday, October 3, 2020

Jeannie Gaffigan: On being Catholic and voting for president

Jeannie Gaffigan, wife of my favorite comedian Jim Gaffigan and, as the link shows, a talented writer, devout Catholic, and thoughtful Catholic citizen, has a piece in America titled: “My loved ones told me ‘real’ Catholics vote for Trump. Here’s my response.”

Friday, September 25, 2020

Christianity Today: Why the Supreme Court Makeup Matters Beyond Abortion

Christianity Today has a collection of short essays by a host of legal experts -- including two of us on Mirror of Justice -- about why the Supreme Court's makeup has implications beyond the question of abortion.

Tuesday, September 8, 2020

First Things on Vice Presidential Candidate Kamala Harris and Religious Liberty

Kenneth Craycraft at First Things has provided a timely and troubling reminder of Senator Kamala Harris’s narrow views on religious liberty, her legislative proposal to weaken the protections of the Religious Freedom Restoration Act,  and her past suggestions that belonging to a Catholic organization may disqualify someone from public office.

Please understand, and my Mirror of Justice colleagues may recall some of my past posts to confirm as much, I do not offer this link to un-endorse Joe Biden, much less indirectly endorse Donald Trump. Rather, I think it important that those of us who cherish religious liberty and rightly condemn anti-Catholic statements have our eyes wide open as we go into this election and anticipate a possible transition of power. If Joe Biden is elected President, we may hope that Vice President Harris will come to a more inclusive attitude toward Catholics and a more robust view of religious liberty. And it will remain important for us to remain vigilant and speak out when necessary. Joe Biden has insisted that he wants to unit Americans and will resist attempts to divide us. His support for religious liberty, for Catholics and others, may be a test for him as to whether that promise holds true.