Category Archives: CLR News

Center Sponsors Successful Joint Colloquium with Villanova Law School

Here’s an article, from the St. John’s Law School website, on the inaugural session of the Joint Colloquium in Law and Religion, which the Center hosted with Villanova Law School this semester. The Joint Colloquium, which featured leading law and religion scholars, used innovative “virtual classroom” technology to allow students and faculty at both schools to participate simultaneously through a synchronous video link.

2014_joint_colloquium

Joint Colloquium with Michael Walzer

From the article:

Michael Walzer (Institute for Advanced Studies) discussed the ethics of war in classical and contemporary Jewish law. Legal historian Sarah Barringer Gordon (University of Pennsylvania) explained how the availability of the corporate form empowered African-American congregations in the early national period. Kristine Kalanges (Notre Dame University School of Law) explored the relationship between Islamic law and contemporary ideas about constitutionalism and human rights. Kent Greenawalt (Columbia Law School) and Donald L. Drakeman (Cambridge University) both presented papers on Originalism. Greenawalt argued that factors other than the original understanding inevitably will and should play an important role in constitutional interpretation. Drakeman offered a methodological middle ground, one that takes account of both original intent and original meaning. Steven D. Smith (University of San Diego School of Law) critiqued the standard account of American religious freedom, and asked whether religious freedom in America today is suffering a decline.

The virtual classroom enriched the discussions by allowing for a fruitful exchange between participants at the two host schools. After the speakers presented their papers, students had the opportunity to ask questions and present their own insights and opinions on the issues.

This was our first experience with virtual classroom technology, and it was highly successful. You can read more about the joint colloquium, and view a photo gallery, here. Thanks to everyone who made it possible, and see you next time!

 

Corey on DeGirolami on Religious Freedom

In the University Bookman, Baylor’s Elizabeth Corey has a nice review of Marc’s book, The Tragedy of Religious Freedom:

DeGirolami suggests an alternative way of thinking about the conflicts inherent in religious liberty jurisprudence. He calls this the “tragic” approach. It shares with the extreme skeptics a doubt about the efficacy of theory as a magic bullet for solving real-world disputes. But it also agrees with the comic monist assumption that abstractions—equality, neutrality, noncoercion—are not empty of meaning but rather can be emblems of important values that law aims to protect….

The book merits a much more in-depth treatment than I can give it here. But perhaps what is most striking about it is its appreciation for theory—indeed, the whole work is an assessment of the value of theorizing—that is simultaneously grounded in the concrete and particular: case law. At once philosophical and practical, this book is a must-read for anyone who cares about religious freedom.

Read the whole review here.

Movsesian on Dworkin

For those interested, my review of Ronald Dworkin’s last work, Religion without God, appears in the current edition of Religion and Human Rights. The link is here; subscription required, I’m afraid!

Movsesian on the Rise of the Nones

Mark has a very interesting new paper on the growing importance of the “Nones”–those who claim no religious affiliation at all but by and large are neither atheists nor agnostics. Rather, the Nones reject institutional religious belief. As Mark puts it, “A better term for them might be religious ‘Independents,’ or the familiar ‘spiritual but not religious.’” The paper considers some of the legal ramifications of “none-ism,” including the relationship between group status and legal protection. Here’s the abstract.

The most important recent development in American religion is the dramatic increase in the number of people who claim no religious affiliation — the rise of the Nones. In this Working Paper, I discuss the social factors that explain the rise of the Nones–demography, politics, family, technology, a distrust of institutions generally–and explain what this development might mean for the definition of religion in American law. I focus on a recent federal appeals court case involving a self-styled spiritual adviser, “Psychic Sophie,” who claimed that following her “inner flow” constituted a religion meriting constitutional and statutory protection. I argue that the case is a close one. Protecting Nones as a religion would promote the important goals of state religious neutrality and personal autonomy. On the other hand, religion has always been understood in terms of community. Indeed, as Tocqueville saw, it is precisely religion’s communal aspect that makes it so important to liberal democracy. Granting Nones the status of a religion would fail to capture this important social benefit.

Announcing the Libertas Project

I’m delighted to post the following announcement about the “Libertas Project,” two workshops of which will occur this summer at Villanova Law School under the able direction of Associate Dean Michael Moreland. I’ll be participating as a moderator in the religious liberty workshop together with my friend, Zak Calo. See below for the call for applications to participate.

The Libertas Project at Villanova University School of Law is seeking applications for participation in its 2014 summer workshops on religious and economic freedom. The project will seek to bring together concerns about religious freedom and economic freedom in a framework that situates both topics amid a larger conversation about freedom, law, and virtue. The Libertas Project aspires to broaden the academic and public appreciation for religious freedom as a human good, while also bringing the insights of religion to bear on conversations about economic freedom as an essential component of a free society. A more detailed description of the project’s inspiration and goals is below. The Libertas Project is made possible through the support of a grant from the John Templeton Foundation.

To address these issues of religious and economic freedom, the Libertas Project will host a series of summer workshops at Villanova University School of Law. Each workshop will be comprised of approximately 20 participants drawn primarily from law but also welcoming scholars from related fields (philosophy, political science, religion, business, and economics, for example) as well as judges, policymakers, and journalists. The workshops will be structured around a set of common readings on each topic with group discussions, break-out sessions, and meals in order to foster scholarly networks and collaborative projects among the participants.

The dates for the 2014 summer workshops are July 7-9 on economic freedom and July 14-16 on religious freedom. Participants in the workshops will each receive an honorarium of $1500.

The workshop moderators will be Thomas Smith (Villanova University) and Mary Hirschfeld (Villanova University) on economic freedom, and Marc DeGirolami (St. John’s University) and Zachary Calo (Valparaiso University) on religious freedom.

The workshops will take place at Villanova University School of Law. Villanova is located 12 miles west of Philadelphia, the fifth-largest city in the United States and the second-largest city on the East Coast. The campus is situated on Philadelphia’s suburban Main Line, and Villanova is easily accessible by train, plane, car, or regional public transportation.

Due to limited travel funds, participants are asked to obtain travel funding from their home institutions, but travel scholarships are also available.

To apply, please submit a brief statement of interest (and specifying whether you are interested in the workshop on economic freedom or religious freedom) with a current c.v. to the project leader, Michael Moreland, Vice Dean and Professor of Law at Villanova University School of Law (Moreland@law.villanova.edu) by April 30, 2014.

PROJECT DESCRIPTION

The Libertas Project addresses two topics related to freedom in the context of law and religion in American public life: religious freedom and economic freedom.

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Hoover Institution Reprints Interview with Samuel Tadros

The Hoover Institution at Stanford has reprinted my interview with Samuel Tadros, author of Motherland Lost: The Egyptian and Coptic Quest for Modernity. In the interview, Tadros answers questions about the history of the Coptic Church, its important contributions to Christian thought and life, and its conduct during the Arab conquest and under Muslim rule. He describes how the liberalism of the twentieth century actually injured the Church and why Anwar Sadat, whom the West lionized, was a problem for Egypt’s Christians. Moving to the present day, he explains why the Arab Spring has been such a disaster for Copts and speaks about the Church’s prospects in Egypt and abroad.

A Column on Legislative Prayer

I have a short column up at Commonweal on Town of Greece v. Galloway (which the Supreme Court is now considering) and the general question of the constitutionality of legislative prayer.

SSRN Selects Movsesian Essay on Armenian Genocide As a Weekly Top Five Paper

I’m delighted to note that the Social Science Research Network has selected my essay, “Elusive Equality: The Armenian Genocide and the Failure of Ottoman Legal Reform,” as one of its Weekly Top Five Papers this week. The SSRN archive contains approximately 425,000 papers from scholars around the world; roughly 66,000 are added each year. So being named one of the weekly top five papers is great news, indeed. Thanks to SSRN!

As I told SSRN,

I wrote this essay for a symposium on legal issues surrounding the Armenian Genocide of 1915. In part, it is an essay in legal history. It describes how reforms in Ottoman law, designed to benefit religious minorities like Armenian Christians, perversely led to a backlash against those very minorities.

The essay also contributes to the emerging field of comparative law and religion. Comparative L&R explores how different legal regimes reflect, and influence, the relationships religious communities have with the state and with each other. Here, I discuss the treatment of Christians in classical Islamic law and show why the transition to a secular, egalitarian regime proved so difficult and had such dire consequences for vulnerable communities.

You can download the paper here. (Why not download more than once?).

REMINDER: Register for the 2014 Lumen Christi Conference!

Just a gentle reminder that the 2014 Conference on Christian Legal Thought is only a few weeks away! The conference is sponsored by the Lumen Christi Institute at the University of Chicago and the Law Professors Christian Fellowship and occurs in conjunction with the annual AALS meeting, which is being held in Manhattan this year. This year’s conference celebrates the life and thought of Professor Jean Bethke Elshtain and explores the theme of public engagement with law and religion. It’s a topic that should be of broad interest in this period of great ferment in the field.

The schedule is below. Please register here!

Friday, January 3, 2014, 12:00 pm to 6:00 pm

The University Club

One West 54th Street, New York, NY 10019

Conference Topic: Public Engagement With Law and Religion: A Conference in Honor of Jean Bethke Elshtain

Noon: Registration, Luncheon, and Opening Remarks

1:15 pm – 2:45 pm: Session One. Public Engagement With Law and Religion: The Thought of Jean Bethke Elshtain

Chair: Zachary R. Calo (Valparaiso University School of Law)

* Thomas C. Berg (University of St. Thomas School of Law)

* Eric Gregory (Princeton University, Department of Religion)

* Charles Mathewes (University of Virginia, Department of Religious Studies)

2:45 pm – 3:00 pm: Coffee Break

3:00 pm – 4:30 pm. Session Two. Public Engagement With Law and Religion: Journalistic Perspectives

Chair: Marc O. DeGirolami (St. John’s University School of Law)

* Matthew Boudway (Associate Editor, Commonweal)

* Susannah Meadows (Contributor, New York Times)

* Rusty R. Reno (Editor, First Things)

4:45 PM – 5:15 pm: Vespers

5:15 pm: Reception

Symposium on State-Sponsored Religious Displays Now in Print

Just in time for the Christmas Wars, the Journal of Catholic Legal Studies has published papers from a symposium on state-sponsored religious displays that the Center co-sponsored with our our sister school, the Libera Universita Maria SS Assunta (LUMSA), in Rome last year. The papers compare the treatment of such displays in the United States and Europe. Contributors include Silvio Ferrari  of the University of Milan (“State-Supported Display of Religious Symbols In The Public Space”); Thomas Berg of the University of St. Thomas (“Can State-Sponsored Religious Symbols Promote Religious Liberty?”); Monica Lugato of LUMSA (“The ‘Margin of Appreciation’ and Freedom of Religion: Between Treaty Interpretation And Subsidiarity”); and Judge Diarmuid O’Scannlain of the US Court of Appeals (“Religious Symbols and the Law”). There’s also an introduction by me. You can download the articles here