Mike Johnson on the Michael Medved Show: National Day of Prayer

Christian broadcasters warn of hate crimes bill’s effect on religious freedom

Missouri: License under review for ‘gym’ adjacent to SOB

Wilson Quarterly: The world’s new numbers

    Martin Walker writing in The Wilson Quarterly:

    Something dramatic has happened to the world’s birthrates. Defying predictions of demographic decline, northern Europeans have started having more babies. Britain and France are now projecting steady population growth through the middle of the century. In North America, the trends are similar. In 2050, according to United Nations projections, it is possible that nearly as many babies will be born in the United States as in China. Indeed, the population of the world’s current demographic colossus will be shrinking.


  • Posted: 05/08/2009
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  • Category: Global
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  • Source: www.wilsoncenter.org

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Alan Keyes, 21 others arrested at Notre Dame protest

“Gay marriage stalls in heavily Catholic Rhode Island”

    Ray Henry reports in the Associated Press: “[T]he movement has stalled in Rhode Island, perhaps even lost ground, after a stalemate at the Statehouse, a loss in the state’s top court and continued opposition from religious leaders . . . Religion remains among the biggest hurdles. A recent survey by Trinity College in Connecticut showed 46 percent of Rhode Islanders identify themselves as Roman Catholic, a larger percentage than any other state. Given its size, the church carries political clout. On the last Inauguration Day, every statewide elected official began the morning with a special Mass at the Cathedral of Sts. Peter and Paul, celebrated by Bishop Thomas Tobin.”


  • Posted: 05/08/2009
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  • Category: Marriage & Family
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  • Source: www.boston.com

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White House begins effort to bridge divide over abortion

Oregon: Keizer mayor declines to cancel prayer breakfast

Scotland: “Gay rights campaigner led a double life as leader of paedophile ring”

Florida: ACLU seeks contempt charges on school employee

NC: Senate Passes “Bullying Bill”

Arizona: State debates religious expression in schools

Three Indian states report anti-Christian violence

New Hampshire Gov. to Decide on Marriage Bill By Tuesday

New Hampshire: “McCormack: Veto gay marriage legislation”

Rome: Archbishop says Obama advancing anti-life agenda, Catholic universities should not give him a platform

“European Fascist Movements are Led by Homosexuals According to Gay Journalist”

Archbishop Wuerl Refuses to Deny Communion to Pro-Abortion Speaker Pelosi

European Parliament Refuses to Denounce Pope’s Anti-Condom Remarks: Vote is 253-199, 61 abstentions

President Obama’s New Budget Calls for Tax-Funded Abortions in Nation’s Capital

Barack Obama’s Federal Budget Eliminates Funding for Abstinence-Only Education

Reality of abortion offends police squad

Child porn websites on the decline

Outrage over Bibles destroyed in Afghanistan

Court: ADF to defend Prop. 8, federal DOMA

White House Formalizes Supreme Court Short List

Oklahoma Legislature Authorizes 10 Commandments At Capitol

Harvard Crimson: Harvard Law is cutting staff to trim budget

“Dr. Dobson disappointed by Obama’s lack of emphasis on prayer”

Craigslist CEO could face prosecution

Americans United for Sep. of Church and State: Why Supreme Court appointments are so important

The Eugenicist Structure of U.S. Family-Planning Policy

    Daniel Patrick Maloney writes at Public Discourse: From the Clinton Administration to Nancy Pelosi, American family-planning policy continues to preserve the eugenicist principle that America would be better off if poor children were never conceived. In fact, Clinton tied Medicaid funding to state promises that it would save the government money in the long run by “averting births” of children who were likely to be a drain on the welfare system. But there is an alternative. The third in a three-part series.


  • Posted: 05/08/2009
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  • Category: Sanctity of Life
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  • Source: www.thepublicdiscourse.com

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California: “Vote for Equality” communication campaign

Obama’s High Court List Is Led by Women Judges and Politicians

Maine: “Ballot to test gay marriage: Public could vote one year from now”

Using Health Care “Reform” to “Mainstream Abortion”

    National Right to Life News and Views: “The pro-abortion movement sees federal ‘health care reform’ legislation as a golden opportunity to force-feed abortion into every nook and cranny of the health-care delivery system,’ explained NRLC Federal Legislative Director Douglas Johnson. ‘Their goal, as they sometimes put it, is to ‘mainstream’ abortion. They hope to use the structure of a federal health-care law to make abortion on demand accessible in every region of every state, paid for by taxes and by government-mandated private insurance premiums.’”


  • Posted: 05/08/2009
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  • Category: Sanctity of Life
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  • Source: www.nrlc.org

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AG Holder Says Getting Office of Legal Counsel Nominee Confirmed Is His Top Priority

Religious Accommodation Dispute Over Mock Trial Schedule Resolved

    Fulton County Daily Report: “The National High School Mock Trial Championship’s board reluctantly agreed to alter a computer-generated mock trial schedule to accommodate the religious observance of the Saturday Sabbath by the Maimonides School team of Brookline, Mass., whose members are Orthodox Jews, after Downs on Wednesday night notified the board that she would withdraw permission to use the Fulton County Courthouse if the board did not ensure that the team could participate fully in the event and honor their Sabbath obligations, which forbid them from engaging in any scheduled mock trial matches on Saturday.”


  • Posted: 05/08/2009
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  • Category: Religious Liberty
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  • Source: www.law.com

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What Makes the Internet So Special? And Why, Where, How, and by Whom Should Its Content Be Regulated?

    Houston Law Review: “Part II of this Comment shows what makes the Internet a unique medium of expression deserving special protection from outside forces, both public and private. Part III explains why regulation, a notion that seems counterintuitive to the ideals of free expression embodied in the traditional concept of the Internet, nevertheless proves necessary in certain, albeit limited, circumstances. Part IV discusses the most important methods of regulation that have been implemented, and how they should be manipulated in order to best promote the values of freedom of expression protected by the First Amendment . . .”


  • Posted: 05/08/2009
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  • Category: Miscellaneous

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Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the Courts

    : “This article considers the Indonesian state’s attempts to regulate Islamic law on polygamy and mixed marriages, and to reform Indonesia’s Islamic courts, and the resistance that some Muslim groups have put up in response. It shows that the contest between the state and Muslim groups over the extent to which the state should enforce Islamic law is ongoing and is unlikely to end in the foreseeable future, but that the state clearly has the ‘upper hand’. This is largely because it controls the administration of law in Indonesia and because the majority of Indonesians appear to reject the expansion of the role of Islamic law.”


  • Posted: 05/08/2009
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  • Category: Global
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  • Source: ssrn.com

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Thomas Berg: Religious-School Financing and Educational Pluralism in the American Tradition

    Rivista Antonianum: “This article, written for a European audience, reviews two explanations for the American tradition of no financing. One is “pluralist,” asserting that religious primary and secondary schools can better maintain their independence and identity without state aid because aid brings state regulation; and the second “cohesionist,” asserting that while nonsectarian religion is socially valuable, schools of particular denominations undercut social unity by separating children in their formative years and therefore should not be encouraged with government support.”


  • Posted: 05/08/2009
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  • Category: Global
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  • Source: ssrn.com

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Keeping the Government’s Religion Pure: Pleasant Grove City v. Summum

    Northwestern University Law Review: “This short essay reviews the Supreme Court’s recent decision in Pleasant Grove City v. Summum. The case addressed whether Summum, a religious group, had a right under the Free Speech Clause to put up a permanent monument of its Seven Aphorisms – its version of the Ten Commandments – in a local city park, given that the park already contained a number of other objects donated by various groups, including a more orthodox Ten Commandments display donated by the Fraternal Order of Eagles. The Supreme Court unanimously rejected Summum’s claim. This essay explains the background of the case, addresses the legal claims asserted by the parties, and discusses the Court’s opinion and its ramifications. It pays particular attention to the religious dimensions of the case, ones largely not explored by the Court. ”


  • Posted: 05/08/2009
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  • Category: Religious Liberty
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  • Source: ssrn.com

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Systemic Integration of International Law by Domestic Courts: Domestic Judges as Architects of the Consistency of the International Legal Order

    Jean D’Aspremont, University of Amsterdam: “The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which international law is applied and interpreted by domestic judges (I), this paper examines whether the principle of systemic integration of international law applies to domestic judges (II). It then turns to the consequences of the tendency of domestic judges to construe international law as a systemic and consistent order, and in particular, the elevation of domestic judges into architects of a consistent international legal order (III).”


  • Posted: 05/08/2009
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  • Category: Bench & Bar
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  • Source: ssrn.com

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Religion in the Workplace: A Report on the Layers of Relevant Law in the United States

Unexpected Consequences: The Constitutional Implications of Federal Prison Policy for Offenders Considering Abortion

    Minnesota Law Review: “The Bureau of Prisons policies governing abortion in prison effectively require potentially coercive religious counseling, empower prison administrators to “pass the buck” and control abortion access, and disregard the time constraints associated with pregnancy. Although these federal prison policies are facially constitutional and therefore survive substantive challenges, they are unconstitutional as applied because they deny pregnant offenders the constitutionally protected procedures that should accompany the right to abortion.”


  • Posted: 05/08/2009
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  • Category: Sanctity of Life
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  • Source: ssrn.com

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Who is the ‘Human’ in Human Rights’: The Claims of Culture and Religion

    Maryland Journal of International Law: “Modern critiques of international human rights law force us to confront at least two conceptual puzzles in the area of the claims of culture and religion. The first concerns the two concepts, often run together, of the secular (or secularism) and freedom, and the question of how rights – e.g. the right to freedom of conscience and religion – mediate between these purportedly universal or objective positions and the imagined subjective claims of particular religious or cultural norms. The second concerns the question of what we mean by ‘human equality’ and how this idea relates to deeply-situated issues of collective identity and culture.”


  • Posted: 05/08/2009
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  • Category: Religious Liberty
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  • Source: ssrn.com

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Separation of Powers in the European Union’s Intertwined System of Government

    Il Politico: “Analysing the EU’s System of Government on the basis of the treaties establishing the Community and the Union leads to identifying five basic government functions, which are distributed in a complex system of checks and balances between the EU institutions and between the latter and member states’ institutions. Those five functions may be characterised as legislative function, which evolved over time from rule making to law making, the executive function which consists in implementing common policies, the supervisory function, consisting of judicial review and of oversight of member state’s compliance with their treaty obligations, the function of direction, consisting of policy guidance and programming, and an organic function consisting in institutional development. The new wording of the relevant treaty clauses by the Lisbon treaty clarifies the nature and distribution of these five functions and thus enable us to understand how separation of powers is organised in the EU.”


  • Posted: 05/08/2009
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  • Category: Global
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  • Source: ssrn.com

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Law as Palimpsest: Conceptualizing Contingency in Judicial Opinions

    Alabama Law Review: “This Article argues that by framing judicial opinions as part of a shared, national palimpsest, commentators can underscore the interconnectedness among opinions and highlight the complexity of the relationship between opinions and precedent. Precedents – like the underlayers of a palimpsest – never go away, and they inform and shape the application of opinions in ways far more significant than simply serving as points of reference.”


  • Posted: 05/08/2009
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  • Category: Bench & Bar
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  • Source: ssrn.com

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Beyond Rationalism and Instrumentalism: The Case for Rethinking U.S. Engagement with International Law and Organization

From Identity Politics to Ideology Politics

    Utah Law Review: “By using identity as a proxy for ideology, identity politics makes incorrect presumptions. It presumes, for example, that all African Americans favor affirmative action, all women are pro-choice, and all gays favor same-sex marriage. Such presumptions chill individual autonomy and distort public forum debate. Despite these harms, identity politics is supported and even encouraged by the Supreme Court’s equal protection doctrine.”


  • Posted: 05/08/2009
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  • Category: Bench & Bar
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  • Source: ssrn.com

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