ABA Task Force Hears Alternatives to Law School Accreditation Role

    ABA Journal: “The ABA should either get out of the federal law school accreditation process altogether or seek a waiver from a Department of Education rule requiring the association to steer clear of the work of its accrediting body, an ABA task force on accreditation was told Wednesday.”


  • Posted: 07/29/2009
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  • Category: Bench & Bar
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  • Source: www.abajournal.com

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“IRS withdraws audit on pastor who preached politics”

California: “Tighter Rules for Strip Clubs in Tulare County”

Mississippi: Undercover officers arrest 4 at strip clubs

Matt Bowman on 100.7 FM with Janet Mefferd: Pro-life nurse resists coerced participation in abortion

Tim Tracey on Jody Hice: The Marriage Battle in Washington D.C.

Hutchison will oppose Sotomayor

Have Wives’ Rights to Abortion Undermined Marriage?

China: Pastor Sent to Labor Camp

Baptist Press: “When homosexuality hits home”

Americans United Urges Senate Armed Services Committee to Question McHugh On Religious Liberty Issues

ACLU Lawsuit Requests Government to Recognize Conscientious Objectors

Blue Dog Democrats announce deal on health care reform

IRS postpones case against pro-life pastor who endorsed McCain over Obama

Christians Challenged to Be More Proactive in Strengthening Marriage

Kansas: “City changes adult business regulations”

Catholic nurse forced to perform abortion

IRS halts inquiry into Warroad pastor who endorsed McCain from pulpit

Italian watchdog to approve abortion drug

Judge to take up sale of polygamous sect’s farmland

Sotomayor Vote Likely Late Next Week

CBN News interviews Steven Aden: Catholic nurse sues NY hospital over abortion

Albania to legalize same-sex “marriage”

Racial and Religious Hate Speech in Singapore: Reclaiming the Victim’s Perspective

Conyers to Introduce Constitutional Amendment Making Health Care a ‘Right’

Tennessee: Church Members Upset About Adult Business Neighbor

“Same-Sex Marriage as a Means to Something Better”

    Carlos A. Ball writes at the Huffington Post: “There are some who may think that it is not possible to seek to both expand the institution of marriage — by allowing same-sex couples to marry — while at the same time seeking to reduce its importance. But I think that this is perhaps an instance in which we can have our cake and eat it too. We should, by all means, strive to make the institution of marriage more inclusive. But our goal, over the long run, should be to lessen the prioritization of marital status in the distribution of rights and benefits.”


  • Posted: 07/29/2009
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  • Category: Marriage & Family
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  • Source: www.huffingtonpost.com

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La. Sen. Vitter says he’ll vote against Sotomayor

Pennsylvania State House: “Jesus is offensive”

    WGAL.com: “Pastor Gerry Stoltzfoos of Gettysburg was invited to open a House session with prayer but his use of the word ‘Jesus’ was considered offensive by House leadership . . . said Stoltzfoos, of Freedom Valley Worship Center. ‘Jesus is offensive in our culture? Come on. Have we really become that group of people?’” The report includes the text of the prayer that Stoltzfoos ultimately gave in the State Senate.


  • Posted: 07/29/2009
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  • Category: Religious Liberty
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  • Source: www.wgal.com

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NC Republican Burr will vote against Sotomayor

Utah: Very few (4) attend Planned Parenthood meeting on sex-ed bill

When Is a Human a ‘Human Being’? Ask the White House Science Adviser

    Terence P. Jeffrey writes at CNSNews: “It turns out, however, that an even simpler question once stumped the very person Obama now pays to give him advice about science: When does a human become a ‘human being’? John P. Holdren is director of the White House Office of Science and Technology Policy. In 1973, he co-authored a book—’Human Ecology: Problems and Solutions’—with Paul Ehrlich and Anne Ehrlich. ”


  • Posted: 07/29/2009
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  • Category: Sanctity of Life
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  • Source: www.cnsnews.com

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Pelosi Dodges Question of Whether Government Health-Care Plan Will Fund Abortion

    CNSNews: “While many pro-life Democrats in the House of Representatives say they will not vote for a health care reform bill unless it explicitly prohibits federal funding for abortion through insurance plans, House Speaker Nancy Pelosi (D-Calif.) has declined to state whether the final legislation should address the issue.”


  • Posted: 07/29/2009
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  • Category: Sanctity of Life
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  • Source: www.cnsnews.com

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Parental controls help guard against “sexting”

WA: Fight begins to keep names of referendum signers private

    “‘The State cannot allow the release of the names on the Referendum 71 petition when the purpose is to harass and intimidate people who are merely exercising their right to speak,’ Bopp stated in the release.

    Bopp, Jr. of Indiana-based Bopp, Coleson & Bostrom is lead counsel in the case, according to a press release. Attorney Stephen Pidgeon of Everett, who is associated with the Alliance Defense Fund, is expected to handle today’s proceeding.”


  • Posted: 07/29/2009
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  • Category: ADF in the News
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  • Source: www.heraldnet.com

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Planned Parenthood makes push to put sex ed back in schools

“Senate Must Move on Legal Nominees, Leahy Says”

“States with more Catholics more favor gay rights”

Former FEC Chairmen and Commissioners Call for Reversal of Two Supreme Court Cases Restricting Citizen Speech

Concern over “sexting” reaches Congress

Canada: “Removal of gay altar servers is a church matter, parishioner contends”

Blue Dogs strike deal: No health vote before recess

    The Hill: “In exchange for putting off a floor vote until after Labor Day, the Energy and Commerce Committee may be allowed to continue its markup of the healthcare bill this week even if an agreement has not been reached between Committee Chairman Henry Waxman (D-Calif.) and seven Energy and Commerce Committee Blue Dogs over the content of the bill.”


  • Posted: 07/29/2009
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  • Category: Miscellaneous
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  • Source: thehill.com

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Government Report Says Most Volunteering Is Through Faith-Based Organizations

“Congressional support for proof of eligibility grows”

    WorldNetDaily: “Support in Congress for a requirement that presidential candidates provide proof – more than just a sworn statement – that they are eligible to occupy the Oval Office continues to grow, and now has moved into double digits.”


  • Posted: 07/29/2009
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  • Category: Miscellaneous
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  • Source: www.wnd.com

Just produce birth certificate

    “Once again, he [Lou Dobbs] renewed his calls for Obama to produce his long-form birth certificate that would settle doubts about where he was born and offered that the president’s actions could actually be ‘illegal.’”


  • Posted: 07/29/2009
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  • Category: Miscellaneous

MA: “Bathroom bill” sparks locker room accessibility debate

Charter school countersues over ACLU religion claims

US: Nurse forced to participate in late-term abortion sues hospital over rights violation

IRS ends audit of Minnesota church in case about sermons

FRC Action Launches TV Ad Campaign On Government Health Care Takeover

    FRC Action: “Tonight, during a live webcast joined by more than 49,000 viewers, Family Research Council Action President Tony Perkins unveiled a new TV ad which will initially run in five key states including Pennsylvania, Arkansas, Alaska, Louisiana, and Nebraska. The hard hitting ad lays out two key threats should President Obama’s plan become reality – rationing and taxpayer funded abortions. Patients, particularly the elderly, will face denial of vital treatments while at the same time be forced to pay for abortions.”


  • Posted: 07/29/2009
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  • Category: Sanctity of Life
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  • Source: www.frcaction.org

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Navy Removes Restrictions on Navy Moms’ Religious Speech

The Uses of Vouchers

Justice Ginsburg’s “Populations we Don’t Want to Have too Many of”

“Stop prosecuting teens for ‘sexting’”

Modesto School Board May Let Students Get Abortions Without Parents’ Knowledge

Protect Marriage Washington Files Suit to Prevent 138,500 Names from Being Posted Online By Foes of Traditional Marriage

Pastor’s conviction for preaching challenged

NY nurse forced to participate in abortion describes ordeal

    Thaddeus M. Baklinski writing at Catholic Online (LifeSiteNews): “Alliance Defense Fund (ADF) attorneys filed a lawsuit last week against Mount Sinai Hospital on behalf of Cathy Cenzon-DeCarlo, who is asking the court to order the hospital to pay unspecified damages, restore her shifts and respect her objections to abortion. The suit also seeks to force Mount Sinai to give up the federal funding it receives, the Post report states, because it failed to uphold a federal rule protecting employees who have moral objections to controversial procedures.”


  • Posted: 07/29/2009
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  • Category: Uncategorized
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  • Source: www.catholic.org

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NY Catholic nurse sues hospital

New York nurse speaks out about hospital that forced abortion participation

Did Washington marriage petition make state mark?

Washington Referendum 71 signatures count could be close

    Seattle Post Intelligencer: “Referendum 71 needs 120,577 valid voter signatures to qualify for the fall ballot. Supporters say they turned in about 138,000 signatures. Election officials suggest submitting about 150,000 signatures to offset any invalid signatures. Dave Ammons, spokesman for the secretary of state’s office, said usually about 18 percent of signatures checked turn out to be invalid.”


  • Posted: 07/29/2009
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  • Category: Marriage & Family
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  • Source: blog.seattlepi.com

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“One Small Step for Federal Taxation, One Giant Leap for Same-Sex Equality: Revising § 2702 of the Internal Revenue Code to Apply Equally to All Marriages”

    Temple Law Review: “This Comment discusses the great disparity in tax treatment between James’s estate and Jonathan’s estate–heterosexual married couples’ estates and same-sex married couples’ estates. Many provisions of the wealth transfer tax system treat same-sex married couples very differently than opposite-sex married couples.”


  • Posted: 07/29/2009
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  • Category: Marriage & Family

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“Scalia’s Ship of Revulsion has Sailed: Will Lawrence Protect Adults Who Adopt Lovers to Help Ensure Their Inheritance from Incest Prosecution?”

    Hamline Law Review: “If a constitutional challenge to a prosecution for incest of an adult who adopted a lover were successful, it would likely validate at least some, and possibly all, of Justice Scalia’s anxious Lawrence dissent, and the whole house of sexual-crime cards could well fall with it: not only for this strand of incest laws, but also for laws addressing ‘core’ incest, adultery, bestiality, masturbation, fornication, bigamy, and possibly ending with the brass ring of same-sex marriage.”


  • Posted: 07/29/2009
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  • Category: Marriage & Family

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Faith-Based Initiative 2.0: The Bush Faith-Based and Community Initiative

    Harvard Journal of Law and Public Policy: “Critics of President George W. Bush’s faith-based initiative often claimed that it was not a serious public policy effort, but rather a political ploy aimed at pleasing the Republican white evangelical ‘base’ and poaching African-American and Hispanic pastors and voters from the Democratic Party. However, even casual observers should have known better. If the initiative was just about politics, why did some thirty-six states, led by both Democrats and Republicans, create their own initiatives, maintaining them even when state leadership changed from one party to the other? Why did the Pew Charitable Trusts invest in an eight-year project, the Roundtable on Religion and Social Welfare Policy, to track the initiative’s goals, outcomes, and legal reforms? If the initiative was mere low politics, why did it spark so many books, journal and law review articles, and dissertations?”


  • Posted: 07/29/2009
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  • Category: Religious Liberty

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The Delicate Balance Between Religious Freedoms and Legal Accountability in an Increasingly Litigious Society

“In Standing is the Preservation of His World”: Justice Scalia and the Varieties of Natural-Religious Experience

    Missouri Environmental Law and Policy Review: “This essay will examine the roots of [Scalia's] philosophy, the emerging ecumenical environmentalism that challenges it, and the consideration that judicial conservatives may be in thrall to a new ‘world religion’–the market–at the expense of a divinely-inspired earth. It will reveal that, as Aldous Huxley observed, ‘The best that can be said for ritualistic legalism is that it improves conduct. It does little, however, to alter character and nothing of itself to modify consciousness.’”


  • Posted: 07/29/2009
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  • Category: Bench & Bar

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The Death of Judicial Conservatism

    Duke Journal of Constitutional Law & Public Policy: “Put all of those things together–the exceptional ability and relative youth of the two most recent appointments, the already conservative character of the Court, the Republican Party’s commitment to making conservative appointments, and the Democrats’ relative lack of ability to use the Court to advance an agenda–and the idea that there might be a revival of something like the Warren Court in the next generation is, in a word, chimerical. That is pretty obvious. What is less obvious–and a little paradoxical–is that we are also dealing with something that can fairly be characterized as the end of judicial conservatism.”


  • Posted: 07/29/2009
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  • Category: Bench & Bar
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  • Source: law.duke.edu

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Michael Stokes Paulsen: Freedom of Speech at a Private Religious University

    University of St. Thomas Journal of Law & Public Policy: “In First Amendment jargon, a private university is an ‘expressive association’ possessing the constitutional right to express its views as an institution, to control its membership decisions (e.g., faculty, students) so as to control its message, and to exclude voices and messages with which it disagrees or speakers of whom it disapproves. To some extent the University of St. Thomas might be thought to endorse speakers or groups it fails to censor, precisely because it has the legal right to do so.”


  • Posted: 07/29/2009
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  • Category: Religious Liberty

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Sharing Governance: Family Law in Congress and the States

    SSRN: “This paper identifies and evaluates three different forms of federalism in family law, each of which presents distinct pragmatic and constitutional questions. Congress has used its spending power to reconfigure state child support and child welfare laws on a cooperative federalism basis, and its Commerce Clause and Full Faith and Credit powers to legislate in areas that pose horizontal federalism problems. Congress has also preempted state family law with legislation in areas including civil rights, tax, pension, bankruptcy immigration, and international law. In all of these settings, Congress has been primarily responsible for defining the balance of national and state power, with the federal courts resisting national family legislation only when it seems likely to shift significant responsibility from the state courts to the federal courts.”


  • Posted: 07/29/2009
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  • Category: Marriage & Family
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  • Source: ssrn.com

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Name Calling: Identifying Stigma and the ‘Civil Union’/'Marriage’ Distinction

Beautiful Winds of Change: Do Bush’s Recent Supreme Court Appointees Mean the End of FACE?

    University of St. Thomas Journal of Law & Public Policy: “This article begins by looking at the basic underlying principles of the Commerce Clause, which are essential to understanding how and why the Roberts Court might find FACE unconstitutional. Next it looks at the Act, both as it is written and as it has been interpreted by the lower federal courts. This section also covers the various constitutional challenges that have been mounted against FACE, with particular emphasis on the debate surrounding the question of whether the Act was validly enacted under Congress’s Commerce Clause power. Finally, this article considers whether the addition of Chief Justice Roberts and Justice Alito to the Supreme Court will result in the invalidation of FACE.”


  • Posted: 07/29/2009
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  • Category: Sanctity of Life

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No Male or Female

    SSRN: “The essay will be in part a reminder that there are far more generations than three who have sought to transcend the boundaries of the law through feminist theory: feminists, male and female, have been making their case for centuries. It will also be in part an elegy for potential alliances lost: though many of the women who in prior centuries sought to bring their sex beyond the boundaries of the law were self-described conservatives on other matters, in my lifetime feminism and conservatism have come to be seen as antithetical, something I dealt with on a daily basis as a faculty member in two of the nation’s most conservative law schools, Virginia and Chicago. Also in my lifetime, the Church that brought me to sameness feminism at first repudiated sex equality and then turned to an embrace of difference, as official guardian of doctrinal purity Joseph Ratzinger, now Pope Benedict XVI, in official pronouncements explicitly rejecting the sort of sex and gender theory to which I am committed, came close to suggesting that even souls have a sex.”


  • Posted: 07/29/2009
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  • Category: Marriage & Family
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  • Source: ssrn.com

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Public Bioethics and the Bush Presidency

    Harvard Journal of Law and Public Policy: “Public bioethics figured prominently during the tenure of President George W. Bush. This Article explores the Bush legacy in this domain. It begins by articulating and examining the grounding norms of President Bush’s approach to public bioethics. Next, it analyzes how these norms were applied to concrete areas of concern. Building on this analysis, the next section reflects on what the President’s actions illustrate about the capacity of the Executive Branch to shape public bioethics. The Article concludes with a brief discussion of the possible metrics by which the Bush Administration’s efforts might be judged, and then offers several assessments according to the various standards identified.”


  • Posted: 07/29/2009
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  • Category: Sanctity of Life
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  • Source: www.harvard-jlpp.com

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