Category Archives: Scholarship Roundup

Castagna, “A Bridge across the Ocean: The United States and the Holy See Between the Two World Wars”

This month, the Catholic University of America Press released “A Bridge across the Ocean: The United States and the Holy See Between the Two World Wars” by Luca Castagna (University of Salerno). The publisher’s description follows:

A Bridge across the Ocean focuses on the relations between the United States and the Holy See from the First World War to the eve of the Second, through the combination of American, Italian, and Vatican sources. More than an overall picture of the American and Vatican foreign policy during the first half of the twentieth century, the book analyzes the U.S.-Vatican rapprochement in a multifaceted way, considering both the international and the internal sphere. A Bridge across the Ocean discusses the spread of anti-Catholicism in the United States during the first two decades of the twentieth century, and its repercussions on the American administrations’ behavior during and after the Versailles Conference, together with the changes that occurred in the Holy See’s attitude toward the American church and the White House after the election of Pope Pius XI. Luca Castagna explores the convergence of the New Deal legislation with the church’s social thought, and demonstrates how the partial U.S.-Vatican rapprochement in 1939 resulted from Roosevelt and Pacelli’s common aim to cooperate, as two of the most important and global moral powers in the struggle against Nazi-fascism.

A Bridge across the Ocean deepens our understanding of American and church history during the first half of the twentieth Century, from the church-state relations to the identification of diplomatic strategies and priorities.

“Sites of European Antisemitism in the Age of Mass Politics, 1880–1918″ (Nemes et al., eds.)

In August, Brandeis University Press will release “Sites of European Antisemitism in the Age of Mass Politics, 1880–1918″, edited by Robert Nemes (Colgate University) and Daniel Unowsky (University of Memphis). The publisher’s description follows:

This innovative collection of essays on the upsurge of antisemitism across Europe in the decades around 1900 shifts the focus away from intellectuals and well-known incidents to less-familiar events, actors, and locations, including smaller towns and villages. This “from below” perspective offers a new look at a much-studied phenomenon: essays link provincial violence and antisemitic politics with regional, state, and even transnational trends. Featuring a diverse array of geographies that include Great Britain, France, Austria-Hungary, Romania, Italy, Greece, and the Russian Empire, the book demonstrates the complex interplay of many factors—economic, religious, political, and personal—that led people to attack their Jewish neighbors.

The Forum in the Law Reviews

One interesting development in legal scholarship over the last 10 years or so is the increasing importance and prominence of legal blogs as a source of academic commentary. And one measure (a minor one, to be sure, but an interesting one) of the success of legal blogs in affecting legal academic commentary and discussion is the growing frequency of their citations in traditional law reviews. I am surely not the first to make these observations, and doubtless other legal blogs have been cited in law reviews more times than has our relatively young Center for Law and Religion Forum, which is 3 years old. Still, here are the Forum’s citations in the law reviews over its life:

1. Andrew Koppelman, “Freedom of the Church” and the Authority of the State, 21 J. Contemp. Legal Issues 145 (2013).

  • FN 95: “Steven D. Smith, How Important is Public Support for Religious Freedom?, Center for Law and Religion Forum, July 16, 2012, http://clrforum.org/2012/07/16/ how-important-is-public-support-for-religious-freedom-2-2/).”

2. Jed Glickstein, Should the Ministerial Exception Apply to Functions, Not Persons?, 122 Yale L.J. 1964 (2013).

3. Marie A. Failinger, Twenty-Five Years of Law and Religion Scholarship: Some Reflections, 30 Touro L. Rev. 9 (2014).

4. Elizabeth A. Clark, Liberalism in Decline: Legislative Trends Limiting Religious Freedom in Russia and Central Asia, 22 Transnat’l L. & Contemp. Probs. 297 (2013).

  • FN 95: “Mark L. Movsesian, Copycats, Ctr. for L. & Religion Forum (Aug. 25, 2012),http://clrforum.org/2012/08/25/copycats (noting arrest of copycat protesters who interrupted service in cathedral in Cologne, Germany).”

5. Michael A. Helfand, Religion’s Footnote Four: Church Autonomy As Arbitration, 97 Minn. L. Rev. 1891 (2013).

  • FN 134: “Michael Helfand, The New Footnote Four?, Center for L. & Religion (May 25, 2012), http://clrforum.org/2012/05/25/the-new-footnote-4/ (arguing that footnote four of Hosanna-Tabor undermines the jurisdictional approach to the religious clauses)”

6. Frederick Mark Gedicks & Rebecca G. Van Tassell, RFRA Exemptions from the Contraception Mandate: An Unconstitutional Accommodation of Religion, 49 Harv. C.R.-C.L. L. Rev. 343, 344 (2014).

7. Bruce Ledewitz, Experimenting with Religious Liberty: The Quasi-Constitutional Status of Religious Exemptions, 6 Elon L. Rev. 37 (2014).

8. Perry Dane, Natural Law, Equality and Same-Sex Marriage, 62 Buff. L. Rev. 291 (2014).

Kochen, “Organ Donation and the Divine Lien in Talmudic Law”

In September, Cambridge University Press will release Organ Donation and the Divine Lien in Talmudic Law by Madeline Kochen (University of Michigan Law School).  The publisher’s description follows:

Organ Donation and the Divine LienThis book offers a new theory of property and distributive justice derived from Talmudic law, illustrated by a case study involving the sale of organs for transplant. Although organ donation did not exist in late antiquity, this book posits a new way, drawn from the Talmud, to conceive of this modern means of giving to others. Our common understanding of organ transfers as either a gift or sale is trapped in a dichotomy that is conceptually and philosophically limiting. Drawing on Maussian gift theory, this book suggests a different legal and cultural meaning for this property transfer. It introduces the concept of the “divine lien,” an obligation to others in need built into the definition of all property ownership. Rather than a gift or sale, organ transfer is shown to exemplify an owner’s voluntary recognition and fulfillment of this latent property obligation.

“Modern Islamic Thinking and Activism” (Erkan Toguslu & Johan Leman, eds.)

This month, Leuven University Press released Modern Islamic Thinking and Activism: Dynamics in the West and in the Middle East, edited by Erkan Toguslu (KU Leuven University) and Johan Leman (Emeritus Professor at KU Leuven University).  The publisher’s description follows:

Modern Islamic Thinking and ActivismModern Islamic Thinking and Activism presents a series of scholarly papers in relation to Islamic thinking, activism, and politics in both the West and the Middle East. The reader will apprehend that Islam is not the monolithic religion so often depicted in the media or (earlier) in the academic world. The Islamic world is more than a uniform civilization with a set of petrified religious prescriptions and an outdated view on political and social organization. The contributions show the dynamics of ‘Islam at work’ in different geographical and social contexts. By treating the working of Islamic thinking and of Islamic activism on a practical level, Modern Islamic Thinking and Activism includes innovative research and fills a significant gap in existing work.

Conference: “Liberty and Justice for All” (October 2-5)

The Christian Legal Society will be hosting its national conference, “Liberty and Justice for All,” at the Boston Park Plaza on October 2-5:

Lawyers, law students, professors, judges and friends are invited to join us October 2-5 in Boston. We are excited that we will be hearing from great speakers like Professor Robert George, Dr. Russell Moore, Andy Crouch and John Stonestreet, as well as a wonderful religious liberty panel. And of course, we will continue to offer practical workshops and CLEs covering numerous areas of the law: from estate planning to running a Christian law firm to human trafficking to employment law and ethics, just to name a few.

Details are here

“Religious Minorities and Cultural Diversity in the Dutch Republic” (den Hollander et al., eds.)

Last month, Brill Publishers released “Religious Minorities and Cultural Diversity in the Dutch Republic,” edited by August den Hollander, Alex Noord, Mirjam van Veen & Anna Voolstra. The publisher’s description follows:

Religious Minorities and Cultural Diversity in the Dutch Republic explores various aspects of the religious and cultural diversity of the early Dutch Republic and analyses how the different confessional groups established their own identity and how their members interacted with one another in a highly hybrid culture.

This volume is to honour Dr. Piet Visser on the occasion of his 65th birthday. Piet Visser has become a leading scholar in the field of the Anabaptist and Mennonite History. Since January 1, 2002, he served as the chair of Anabaptist/Mennonite History and Kindred Spirits at the Doopsgezind Seminarium, VU-University, Amsterdam.

 

Conference: Non-Public School Graduates in Civil Society: Release of Data (September 10)

The CUNY Institute for Education Policy will hold a conference, “Non-Public School Graduates in Civil Society: Release of Data” on September 10 at 5:30pm at the Roosevelt House in New York City:

Do private schools serve the public good, or private interests? Do they train for democratic citizenship, or do they further divide an already plural­istic society? A recent research project by Cardus, a non-aligned Canadian thinktank, surveyed a nationally representative sample of 23-39 year-old Americans from across major school sectors and sought to analyze school sector impact upon adult behavior in civic engagement, academic achievement, and religious formation. Join us for a critical examination of just-released data on non-public and public school graduates from the Cardus Religious Schools Initiative at Notre Dame University.

Details are here.

“Family, Religion and Law” (Shah, Foblets & Rohe, eds.)

This past June Ashgate publishing released Family, Religion and Law: Cultural Encounters in Europe, edited by Prakash Shah (Queen Mary University of London), Marie-Claire Foblets (Max Plank Institute for Social Anthropology) and Mathias Rohe (Erlangen-Nurnburg University).  The publisher’s description follows:

PPCspine22mmThis collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

Nedilsky, “Converts to Civil Society”

This month, Baylor University Press released “Converts to Civil Society: Christianity and Political Culture in Contemporary Hong Kong” by Lida V. Nedilsky (North Park University).  The publisher’s description follows:

Converts to Civil SocietyLida V. Nedilsky captures the public ramifications of a personal, Christian faith at the time of Hong Kong’s pivotal political turmoil. From 1997 to 2008, in the much-anticipated reintegration of Hong Kong into Chinese sovereignty, she conducted detailed interviews of more than fifty Hong Kong people and then followed their daily lives, documenting their involvement at the intersection of church and state.

Citizens of Hong Kong enjoy abundant membership options, both social and religious, under Hong Kong’s free market culture. Whether identifying as Catholic or Protestant, or growing up in religious or secular households, Nedilsky’s interviewees share an important characteristic: a story of choosing faith. Across the spheres of family and church, as well as civic organizations and workplaces, Nedilsky shows how individuals break and forge bonds, enter and exit commitments, and transform the public ends of choice itself. From this intimate, firsthand vantage point, Converts to Civil Society reveals that people’s independent movements not only invigorate and shape religious community but also enliven a wider public life.