Supreme Court Nominee Vote Scheduled this Week

TN: Pro-Life Coalition fights Planned Parenthood expansion

Teacher, pro-choice group sue to block abortion initiative

Polyamory — “ethical non-monogamy” — and the law

Obama Said ‘I Don’t.’ He May Just Mean It.

IRS ends audit of Minnesota church in case about sermons

    Walking in Wisdom: “The Alliance Defense Fund, a Scottsdale, Ariz., nonprofit group that argues cases on behalf of Christian causes, promised free legal support under its “Pulpit Initiative” to churches, including Warroad Community Church, that agreed to challenge the federal ban on political speech during sermons about the moral qualifications of candidates seeking political office that were given on Sunday, September 28, of last year.”


  • Posted: 08/03/2009
  • |
  • Category: Uncategorized
  • |
  • Source: walkinginwisdom.com

  • Tags: ,

Assemblies of God may allow women in leadership

“Florida’s Other Marriage Amendment”

ABA seeks repeal of a portion of the Defense of Marriage Act

More than 700 killed in Nigeria clashes: Red Cross

Pakistan: Muslims burn 6 Christians to death after false allegations

ACLU Asks Florida Court To Protect The Rights Of Pregnant Women To Refuse Medical Care

“Associated Press Misleads Readers on Abortion, Health Care, and President Obama”

Democratic Sen. Nelson to support Sotomayor

Wis. jury: Father guilty in prayer death case

McCain to oppose Sotomayor for Supreme Court

Ambiguity About Ambiguity: An Empirical Inquiry into Legal Interpretation

    SSRN: “Most scholarship on statutory interpretation discusses what courts should do with ambiguous statutes. This paper investigates the crucial and analytically prior question of what ambiguity in law is. Does a claim that a text is ambiguous mean the judge is uncertain about its meaning? Or is it a claim that ordinary readers of English, as a group, would disagree about what the text means? This distinction is of considerable theoretical interest. It also turns out to be highly consequential as a practical matter.”


  • Posted: 08/03/2009
  • |
  • Category: Bench & Bar
  • |
  • Source: ssrn.com

  • Tags: , ,

At Public Law Schools, Tuition Jumps Sharply

ACLU expresses concern over creationism in schools

New York Catholic nurse forced to assist in abortion

    The Bulletin (Philadelphia): “‘Pro-life nurses shouldn’t be forced to assist in abortions against their beliefs,’ said ADF Legal Counsel Matt Bowman. ‘Requiring a devout, Catholic nurse to participate in a late-term abortion in order to remain employed is illegal, unethical, and violates her rights of conscience. Federal law requires that employers who receive funding from tax dollars must not compel employees to violate their sincerely held religious beliefs, but this nurse’s objections fell on deaf ears.’”


  • Posted: 08/03/2009
  • |
  • Category: Uncategorized
  • |
  • Source: thebulletin.us

  • Tags: , ,

Episcopalians race to elect a “gay bishop”

McCain Undecided on Vote for Sotomayor

“Perry says religion, politics mix”

Uganda: MPs call for more flexible abortion restrictions

About 200 arrested in violence against Christians in Pakistan

Iraqi government seeks to block pornographic websites

EU directive restricts Catholics, UK bishops warn

“Gayby Boom” fueled by same-sex parents

Phony originalism

    Kevin R. C. Gutzman writing at Taki’s Magazine: “Since the days of Ronald Reagan and Edmund Meese, the Republican Party’s position has been that judges should be bound by the people’s understanding of a particular constitutional provision at the time they ratified it. This notion goes under the name ‘originalism.’ Recent events, including the Republican response to President Obama’s nomination of Judge Sonia Sotomayor to the Supreme Court, reveal that the party is a highly unreliable vehicle for this principle.”


  • Posted: 08/03/2009
  • |
  • Category: Bench & Bar
  • |
  • Source: www.takimag.com

  • Tags: ,

Rhode Island lawmakers seek to close prostitution loophole

Four-part series on marriage equality and religious liberty by Prof. John Culhane

“Court gives Santeria priest OK to sacrifice goats”

“Holder, gay marriage, and health care on ABA House agenda”

Matt Bowman on Real Presence Radio Live: Increasing efforts to force participation in abortion

Retired Supreme Court Justice David Souter worried about lack of civics knowledge

UK: “Catholic Care makes High Court bid for gay adoption opt-out”

“Court Says Atheists Challenging School Program May Not Proceed Anonymously”

Church threatens excommunication as Italy green lights abortion pill

Burundi faces criticism over law banning homosexual behavior

Ohio lawmaker: End charter school moratorium

“Despite suit, gay partner law begins in Wisconsin”

Iowa, Nebraska Planned Parenthoods to merge

Domestic partnership registry opens Monday despite lawsuit

In church vs. neighbors, bells begin the fight

    Arizona Republic: “On the other side of the fence, Bishop Painter has notified the court of his plan to appeal his conviction and the silencing of the bells. Now he has the backing of the Alliance Defense Fund, a national advocacy group for religious freedom. The group calls the Phoenix ordinance vague and subjective. It says there has never been a case like this before and the bells must be allowed to ring as an expression of religious beliefs.”


  • Posted: 08/03/2009
  • |
  • Category: ADF in the News
  • |
  • Source: www.azcentral.com

  • Tags: ,

Christian club settles discrimination lawsuit with school

Church’s ban from Plaza Ferdinand nears end

    Pensacola News Journal: “‘Christian groups shouldn’t be banned from public parks for engaging in faith-based activities,’ said Alliance attorney Daniel Blomberg. ‘We commend the city for agreeing to scrap its profoundly unconstitutional access policy for the park and recognizing the church’s right to meet there and minister to the community through food and fellowship.’”


  • Posted: 08/03/2009
  • |
  • Category: ADF in the News
  • |
  • Source: www.pnj.com

  • Tags: ,

Supreme Court to be asked to hear Ten Commandments case

Airport chapels removing Christian symbols

Illinois: “ACLU, courts prepare for abortion notification”

“Wisconsin’s domestic partner registry is now open for business”

Robert George: “Gay Marriage, Democracy, and the Courts”

    “It would be disastrous for the justices to do so. They would repeat the error in Roe v. Wade: namely, trying to remove a morally charged policy issue from the forums of democratic deliberation and resolve it according to their personal lights.”


  • Posted: 08/03/2009
  • |
  • Category: Featured
  • |
  • Source: online.wsj.com

  • Tags: ,

Inclusion, Accommodation, and Recognition: Accounting for Differences Based on Religion and Sexual Orientation

The Limits of Constructivism: Can Rawls Condemn Female Genital Mutilation?

    SSRN: “The strategy for coping with value pluralism that Rawls has proposed is to permit political decisions, at least with respect to basic rights, to depend only on those goods that can be inferred from the bare requirements of respectful relations between persons. His account offers such a parsimonious conception of the good that it cannot cognize some atrocities.”


  • Posted: 08/03/2009
  • |
  • Category: Bench & Bar
  • |
  • Source: ssrn.com

  • Tags: , ,

Bills of Exchange, Interest Bans, and Impersonal Exchange in Islam and Christianity

Religious Establishment and Autonomy

    SSRN: “Kent Greenawalt claims that one rationale for nonestablishment of religion is personal autonomy. If, however, the law is barred from manipulating people in religious directions (and thus violating their autonomy), while it remains free to manipulate them in nonreligious directions (and thus violate their autonomy in exactly the same way), autonomy as such is not what is being protected. The most promising alternative is to understand religion as a distinctive human good that is being protected from government interference.”


  • Posted: 08/03/2009
  • |
  • Category: Religious Liberty
  • |
  • Source: ssrn.com

  • Tags: ,

Board of Education of Kiryas Joel Village School District v. Grumet: A Religious Group’s Quest for its Own Public School

    SSRN: “Seemingly, the Supreme Court vindicated the civil libertarian position that creating a public school district in the religiously homogeneous village of Kiryas Joel, established and populated exclusively by members of the Satmar sect of ultra-Orthodox Hasidic Jews, constituted a violation of the principle of separation between church and state embodied in the establishment clause. In fact, the Court’s decision did no such thing.”


  • Posted: 08/03/2009
  • |
  • Category: Religious Liberty
  • |
  • Source: ssrn.com

  • Tags: ,

Oral Arguments and the Process of Coalition Formation on the U.S. Supreme Court

International Law and Domestic Political Coalitions: The Causes of Compliance with International Law

    SSRN: “This article explains the importance of the interdependence between domestic politics and foreign politics in determining compliance. International legal commitments allow the formation of coalitions between those who will benefit by their own state’s compliance with the international legal rule in question, and those who will benefit from other states’ compliance with the international legal rule. This theory is based on established approaches to international relations in the political science literature, in particular two-level game theory associated with Robert Putnam and the ‘second image reversed’ approach associated with Peter Gourevitch.”


  • Posted: 08/03/2009
  • |
  • Category: Bench & Bar
  • |
  • Source: ssrn.com

  • Tags: , , ,

On the Prospects of a Naturalized Jurisprudence: Review of Brian Leiter, Naturalizing Jurisprudence

    SRRN: “In this Review, I critically examine the three parts of Leiter’s book, which address: (1) the philosophical legacy of American legal realism, with specific reference to the nature of justification in adjudication; (2) the appropriate philosophical methodology to determine the nature of law (including what conclusions to draw from this methodology); and (3) the bearing that issues in meta-ethics might have on legal objectivity. Special emphasis is given throughout to the larger prospects for a naturalized jurisprudence, and to how alternative versions of naturalized views might look.”


  • Posted: 08/03/2009
  • |
  • Category: Bench & Bar
  • |
  • Source: ssrn.com

  • Tags: , ,