Category Archives: CLR News

Conference at EUI (Florence) on The Roberts Court and the Protection of Religious Freedom in the United States

I am delighted to be participating this Wednesday in a conference at the European University Institute in Florence, Italy, on The Roberts Court and the Protection of Religious Freedom in the United States, organized by Center friends Olivier Roy and Pasquale Annicchino. Regretfully, my intervention will be virtual rather than in person. Here’s the description of the conference (in Italian) and the program:

Contesto 

John Glover Roberts Jr. è stato nominato Chief Justice della Corte Suprema degli Stati Uniti il 22 settembre 2005, nomina confermata una settimana dopo dal Senato con 78 voti favorevoli e 22 contrari. In questi 9 anni si sono succedute numerose decisioni di assoluto rilievo del massimo organo giurisdizionale statunitense. Tra queste alcune hanno portato a definitivo compimento una nuova interpretazione ed una differente applicazione delle due clausole del primo emendamento costituzionale che si occupano di libertà religiosa: la Free Exercise Clause e la Establishment Clause. Dopo aver inquadrato nel contesto storico e politico la presidenza Roberts, questo workshop intende esaminare le principali pronunce della Corte Suprema sulla libertà religiosa.

Ogni relatore sarà chiamato a commentare una pronuncia e, mediante un approccio di “law in context” a darne una interpretazione nell’ambito del più ampio sviluppo della giurisprudenza della Corte.

L’obiettivo è quello di realizzare un volume collettivo (in italiano) che possa offrire agli studiosi nuovo materiale di riflessione e studio su un argomento che tocca gli interessi scientifici sia dei costituzionalisti che dei cultori delle materie ecclesiasticistiche.

Funded by European Research Council 7th Framework Programme

Programma 

12.00-12.05 Introduzione

12.05-13.00 La Corte Roberts e la tutela della libertà religiosa 

Fred Gedicks | BYU, USA

Marc De Girolami | St John’s University, USA (intervento via Skype)

13.00-14.00 Pranzo di lavoro 

14.00-15.30 Discussione casi – I sessione 

Valentina Fiorillo | Università di Roma “La Sapienza”, Italia

Adelaide Madera | Università di Messina, Italia

Pasquale Annicchino | EUI, Italia

Discussione generale

15.30-15.45 Pausa caffé 

15.45-17.00 Discussione casi –II sessione 

Marco Ventura | KU Leuven, Belgio

Susanna Mancini | Università di Bologna, Italia

Diletta Tega | Università di Bologna e Corte costituzionale italiana, Italia

Discussione generale

17.00-18.15 Discussione finale

Podcast on Holt v. Hobbs

Mark and I have recorded another in our podcast series, this time on the “prison beard case,” Holt v. Hobbs, argued this week at the Supreme Court. We discuss the claim and the oral argument, and make some predictions. To get our other podcasts, click here.

Video: Movsesian Lecture on Mideast Christians at Lanier Theological Library

For those who might be interested, the Lanier Theological Library has made available a video of my lecture last month, “Religious Freedom for Mideast Christians: Yesterday and Today.” In the lecture, I discuss the history of the Mideast’s Christian communities, their persecution today, and what Americans can do about it.

The video is below. Thanks again to Mark Lanier and everyone at the library for hosting me!

Video of Panel Presentation on Religious Liberty

The Lanier Theological Library in Houston has posted a video of a panel on religious liberty that took place at the library earlier this month. Among other subjects, the panel addressed the rise of contemporary Islamism, the treatment of Christians in the Mideast, the prevalence of Islamic-law arbitration in Europe and the US, and the legality of American drone strikes on American citizens affiliated with Islamist groups. I participated in the panel, along with Mark Lanier (Founder, Lanier Theological Library), Dean Michael Simons (St. John’s), Professor James Hoffmeier (Trinity Evangelical Divinity School), and Fr. Mario Arroyo (Archdiocese of Galveston-Houston). Take a look.

Center Announces New Student Fellows

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L-R: Prof. Marc DeGirolami, Stephanie Cipolla ’16, John Boersma ’15, Prof. Mark Movsesian

As the academic year begins, we’re delighted to announce the appointment of our student fellows for 2014-2015, John Boersma ’15 and Stephanie Cipolla ’16. John and Stephanie have already been helping with the daily Scholarship Roundup posts, but they’ll be taking on other responsibilities as well. We’re glad to have them with us and look forward to the year ahead.

For more information about the new fellows, please click here.

Int’l Moot Court Competition in Law & Religion (Venice, March 2015)

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Nice Place for a Moot Court Competition

Here’s a great opportunity for law students. The Fondazione Studium Generale Marcianum in Venice (above) is hosting a new, international moot court competition on the subject of law and religion. The competition, which will take place in Venice next March, will draw teams of students from American and European law schools:

The goal of the Moot Court Competition is to bring together in Venice, for a limited period of time and in an intensive way (9-11 March 2015), a group of law school students in order to make them discuss a case with professional jurists. The students, coming from European and American Law Schools, will participate as teams. They will deal with a case at the intersection between law and religion, a central issue for the entire world and indeed a crucial theme for the Marcianum.

The initiative will bring together scholars and students of different backgrounds to have them address the very same case from two different standpoints. Some scholars will sit as the Supreme Court of the United States; some as the European Court of Human Rights. Teams will argue the same case before one of the two boards of judges. After a verdict, a roundtable will gather some scholars to debate the case as well as the way the two moot courts have addressed it.

This approach will give the students an opportunity to measure themselves with a case related to fundamental rights, developing reflective and argumentative skills and, at the same time, it will offer them, and the other participants, the occasion to highlight the different cultural points of view of the two Courts, enhancing the comparative perspective.

I’ll serve as one of the judges on the moot American court, along with Professor Bill Kelley of Notre Dame and Judge Richard Sullivan of the Southern District of New York. Professors Louis-Leon Christians (Catholic University of Louvain), Mark Hill (Cardiff University) and Renata Uitz (Central European University Budapest) will make up the European panel. Professor Silvio Ferrari (Milan) and Brett Scharffs (BYU) will serve as keynote speakers.

For details on the competition, as well as entry requirements, please click here.

Web Story on Movsesian Lecture at Lanier Theological Library

For those who are interested, here’s a story about my lecture this month at the Lanier Theological Library in Houston, on the human-rights crisis facing Mideast Christians. Once the library posts the video, I’ll link that too. Thanks again to LTL for hosting me!

“Foundational Texts in Modern Criminal Law” (available for pre-order)

Foundational Texts in Modern Criminal LawI am pleased to announce that Foundational Texts in Modern Criminal Law, edited by Markus D. Dubber, is now available for pre-order. I’ve listed the description of the volume below. As Markus explains in his introduction, the aim of the volume is to provide a set of comments (and in some cases, an introduction) to criminal texts that are canonical for the modern liberal state, but also that grew out of the modern liberal state. The collection begins with Hobbes and ends with the contemporary German theorist, Günther Jakobs. I was delighted to contribute the chapter on J.F. Stephen. The primary texts themselves can be accessed here.

Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context.

Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Thanks to the Lanier Theological Library

I’d like to thank the Lanier Theological Library in Houston for hosting my lecture on Mideast Christians this past weekend. I greatly appreciate the warm reception and great turnout — a credit to the library and the topic rather than the speaker — as well as the chance to share some of my thoughts. Once the library posts the video, I’ll link it here. Do check out the library’s website before then, though, and visit if you can. It’s a remarkable scholarly resource and a beautiful place.

“Constitutional Contraction: Religion and the Roberts Court”

I’ve posted a new paper, Constitutional Contraction: Religion and the Roberts Court. Here’s the abstract:

This essay argues that the most salient feature to emerge in the first decade of the Roberts Court’s law and religion jurisprudence is the contraction of the constitutional law of religious freedom. It illustrates that contraction in three ways. 

First, contraction of judicial review. Only once has the Roberts Court exercised the power of judicial review to strike down federal, state, or local legislation, policies, or practices on the ground that they violate the Free Exercise or Establishment Clauses. In this constitutional context the Court has been nearly uniformly deferential to government laws and policies. That distinguishes it from its two predecessors—the Rehnquist and Burger Courts—both of which exercised judicial review more regularly. 

Second, contraction in the range of voting patterns. The votes of the Justices in law and religion cases overwhelmingly are either unanimous or split 5-4, with relatively few separate dissents or concurrences expressing distinctive approaches, and with the split correlating with partisan political or ideological divisions. The “liberal” and “conservative” wings vote in bloc, and frequently reason in bloc as well. This again contrasts with the voting patterns of prior Courts in religious freedom cases.

Third, contraction in coverage. As a substantive matter, the Court is narrowing the religion clauses. Every member of the Court seems now to accept that Employment Division v. Smith properly interpreted the Free Exercise Clause. Matters are more complicated for the Establishment Clause, where there is far greater division among the Justices. Nevertheless, the essay claims that the Court is moving in a variety of ways toward a narrow interpretation of the Establishment Clause as well.

Whether the Roberts Court’s contraction of the religion clauses, and its general preference for narrow readings of both, are positive developments will depend on one’s views about fundamental questions of constitutional interpretation. Yet there is a conceptual unity to the Court’s approach—logical and complementary, even if not inevitable: just as the Rehnquist Court narrowed the scope of constitutional protection for free exercise, so, too, is the Roberts Court narrowing the scope of constitutional prohibition under the Establishment Clause. In this corner of constitutional law, the Court is gradually withdrawing from the scene.

Comments are welcome!