Mark and I are at lovely Villanova University School of Law for the next few days, participating in the religious freedom component of the Libertas Project, sponsored by the Templeton Foundation and organized by our old friend, Professor Michael Moreland. We’ll have more to report as the discussion gets underway.
On Thursday, I’ll be appearing on a panel at the annual ICON-S conference on Public Law, to be held this year at New York University. The conference is sponsored by the International Journal of Constitutional Law, and draws scholars from around the world. My panel, “The Foundation of an Uncertain Law,” will discuss Cambridge’s new collection of commentary on the jurisprudence of Pope Benedict XVI, Pope Benedict XVI’s Legal Thought: A Dialogue on the Foundation of Law (Cartabia & Simoncini eds. 2014). Other panelists include Michel Rosenfeld (Yeshiva), Ran Hirschl (Toronto), and John Garvey (Catholic University of America). The panel will be moderated by Sabino Cassese, formerly of the Italian Constitutional Court. CLR Forum readers at the conference, please stop by and say hello!
This isn’t about law and religion, but readers might enjoy John McGinnis’s essay in the City Journal on last week’s decision in the Affordable Care Act case, King v. Burwell. John argues that Chief Justice Roberts’s opinion is principled, though wrong, on statutory interpretation. Did I mention John cites my early scholarship on statutory interpretation? My salad days, before I discovered law and religion.
Congratulations to CLR Student Fellow John Boersma, who graduated from St. John’s Law School yesterday. John is off to start graduate studies in political theory at LSU next year. You’ve been a real help to us here, John, and we look forward to great things as you pursue your academic career. The beard is a good start! Godspeed and stay in touch.
I was very pleased to take part in a conference yesterday at Columbia Law School honoring my old master, Kent Greenawalt, and 50 years of his teaching and writing. Together with Paul Horwitz and Andy Koppelman, I was on a panel involving church and state. Subsequent panels followed on free speech and legal interpretation (chiefly statutory interpretation, which has been Kent’s primary focus historically). I took the liberty of saying something about criminal law as well, yet another area in which Kent has made major contributions, including as one of Hebert Wechsler’s colleagues in revising the Commentaries to the general part of the Model Penal Code. Paul has a nice post on the event.
Here’s a quote of Kent’s I found in a piece written about a decade ago: “Criminal law scholars are much more divided about desirable approaches than they were in the 1950s, and even among centrist scholars, no one person now has the distinctive stature that Herbert Wechsler enjoyed.” Some of my comments considered and adapted that general thought in the context of law and religion scholarship today, where it is also apt for various reasons.
Just three additional notes from the panels. First, on the speech panel, there was some interesting discussion about the plausibility of the Austinian idea of performative utterances (a concept used and applied by Kent in this book)–whether the distinction between performative and non-performative speech holds up, or whether all utterances are in some way performative and so we need instead to focus on the quality of the performative speech at issue (threats of violence are different for regulatory purposes than a comment at an academic conference, though there may not be a big difference for performance purposes). Second, on the legal interpretation panel, Fred Schauer criticized the notion that “public meaning” cannot be ascertained without recourse to someone’s intentions (I believe Larry Alexander among others holds something like the opposite view), though of course one need not subscribe to original public meaning in order to believe that public meaning is coherent. Third, I had never quite realized (though I guess I should have) just how much sympathy Jeremy Waldron has for textualism. Jeremy talked about a seminar in statutory interpretation that he and Kent ran in the late 1990s and it was clear how much they differed in their respective approaches (and how much they enjoyed the debate). Jeremy’s talk included 12 ways in which legislation is qualitatively different from other group expression. One of the 12 was that legislation is “dangerous,” which I thought was an interesting thing to say.
For those who are interested, the Library of Law and Liberty has published my essay, We Remember the Genocide–And We Must Avert Another. In the essay, I draw parallels to the Armenian Genocide of 1915 and the persecution of Mideast Christians today:
Religiously motivated violence against Christians is not a new phenomenon. The attitudes classical Islam fosters—that Christians are vaguely alien dhmmis who can be tolerated as long as they remain subservient, but who forfeit protection if they assert equality or cooperate with outsiders—played an important role in 1915 and do so today. Again, most Muslims today do not endorse these attitudes, and other factors are involved, too. But to dismiss religion as a major factor in the current violence is to close one’s eyes to reality.
To read the full essay, please click here.
L-R: Kiely, Boghjalian, La Civita, Movsesian
For those who are interested, the Hudson Institute has posted the audio from last week’s panel (above), “Genocide and Crimes against Humanity.” I was one of the presenters, along with Sarkis Boghjalian (Aid to the Church in Need) and Michael La Civita (Catholic Near East Welfare Association). Fr. Benedict Kiely moderated. The audio link is available here (first link).
UPDATE: Video is now available at the Hudson website.
I’m honored to be speaking in New York today at an event sponsored by the Hudson Institute, “The Islamic State’s Religious Cleansing and the Urgency of a Strategic Response.” I’ll be discussing the Armenian Genocide on a panel titled “Genocide and Crimes against Humanity: The Islamic State’s Impact on Vulnerable Religious Minority Communities.” Other speakers include Cardinal Timothy Dolan, Walter Russell Mead, and Kirsten Powers.
Details about the program are here. CLR Forum readers, please stop by and say hello!
This has been another exciting and productive year for the Center for Law and Religion. We co-hosted a conference in Rome on international religious freedom that opened with an address by Pope Francis, as well as events in Manhattan and Queens on the persecution of Mideast Christians. We continued to host our award-winning blog, the Center for Law and Religion Forum, which you are now reading. And Center faculty published articles and book chapters, and participated in numerous academic conferences and panels.
Our annual report for 2013-2014 is available here. Please take a look. Thanks to our friends for their continuing support, and please let us know if you have any suggestions for future activities.
Just a quick note to say thanks and goodbye-for-now to Nate Oman of William & Mary, who blogged with us for the month of April. Nate’s very interesting posts covered markets, same-sex marriage, and the British monarchy, among other topics. We were delighted to have you with us, Nate, and hope you come back soon!