A few links that caught my eye this week relating to law and religion in the UK. Nicklinson & Lamb v United Kingdom. Assisted suicide case and the compatibility of the UK law and Article 8 of the ECHR (right of respect for “private and family life”). See R (Nicklinson) v Ministry of…
New article: Limits on State Regulation of Religious Organizations
The interaction between the State and religion is in a period of change, and many of those relationships are being re-evaluated by politicians, government, and others. (The tax-exempt status of religious organization is big issue, in my opinion.) This is a new article entitled “Limits on State Regulation of Religious Organizations:…
Recent Books and Articles on Religion and Law
Religion Clause blog has a nice list of articles addressing the interaction between religion and law. Some of the more interesting ones (to me): Jennifer Carr, Complicity and Collection: Religious Freedom and Tax, (University of St. Thomas Law Journal, Vol. 11, No. 2, p. 183, Spring 2014). Robert D. Goldstein, The Structural Wall…
Center for Law and Religion (Cardiff University)
There are only a handful of whole organizations devoted to the study of law and religion in the US and the UK. Once such is the Law and Religion Scholars Network is hosted by the Centre for Law and Religion at Cardiff University. The Centre was the first such organisation in the UK…
Face-Recognition Technology Knows When You Are At Church
This is not directly a story about religion and law, though it would not surprise me to hear of a few lawsuits filed that are related to the technology being used in churches. A new facial-recognition technology by Face-six has been installed by a number of churches around the world. The…
Church lawsuits in NY and Louisiana—”already a defeat for you”?
Here are two recent cases involved disputes among church members. The cases are interesting in a prurient sort of way; the theological and practical issues (for believers) are more substantive. Firing Your Pastor: Who Decides? The first dispute arose when the pastor of a small church in New York state reduced the…
Graduation Prayers in Public Elementary Schools
For me, this was a fascinating opinion. It is a Federal District Court decision from the South Carolina District concerning graduation prayers in the Greenville County School district. The case is American Humanist Association v. South Carolina Department of Education (D SC, May 18, 2015). The facts behind the case were that many…
Donate to earthquake relief in Nepal
While the media gave good attention to the event and needs in Nepal, the nature of modern media is to move on to the next thing. Yet the needs in the Himalayas continue to worsen, especially as attention wanes. Helping needy people is a Christian calling, of course, but it is also…
The Bible as the “State Book” of Tennessee
This one makes me scratch my head. The Tennessee House of Representatives has passed a bill (by 55-38), to make the Bible the “state book,” and it has passed on to the Senate. Many of us who are Christians (and perhaps religious Jews) might like this idea—not to force our…
Voltaire’s Revolution: Writings from his Campaign to Free Laws from Religion (book notice)
This book is the first English translation of a number of Voltaire’s pamphlets which argued for the freeing of law-making from religion. Voltaire criticized what he saw in the Catholic Church as an “oppressive orthodoxy” and its effect on laws. The result, in his opinion, resulted in a lack of freedom of conscience and expression.…
Indiana’s Religious Freedom Restoration Act and Speaking Before Researching
This post is late to the game, as the media controversy over Indiana’s recent Religious Freedom Restoration Act seems to have boiled over and then simmered back down, taking a back seat to the next outrage. During the first stages of any scandal in the modern age, critical thinking or calm…
“Not under man, but under God and law”: unconstitutional in courtroom? Lord Coke, history, and the state and church
Here is a story that combines almost all my areas of interest: law in the US, law in the UK, history, and religion. Sir Edward Coke (pronounced “cook”) was a barrister and a judge in 17th century England, where he both represented and judged some of the most famous cases in common…
American Law from a Catholic Perspective (Book Notice)
I just received notice of this forthcoming book on religion and law. It is a collection of essays which address legal subjects and issue through an moral evaluation of the laws based on Catholic theology. “The moral evaluative perspective which unfolds in succeeding pages illumines, justifies, and critiques America’s laws.” (From the Forward by…
Ancient Courts and Modern: addressing religious views and doctrines
Recent and modern court controversies over areas that impact religious belief and doctrine are interesting compared with similar ancient legal controversies. Of course, the common law has evolved over the centuries, even substantively in the area of religion. It is well-known to legal scholars and practitioners that “public policy” shifts,…
Ten tips for better legal writing
Here is a short article by Bryan Garner as posted on the ABA Journal website. While the article is aimed at practicing attorneys, it is also helpful for law students who are researching and writing the law. Be sure you understand the client’s problem. Don’t rely exclusively on computer research. Never turn…
How to Write a Law Review Note Worthy of Publication
Having been a law review editor through most of my law degree, I was interested to see this post on The Girl’s Guide to Law School. The author, Jonathan Burns, urges a focus on first impressions, organization, and research. He closes the article with final comments: forget Bluebook and the Chicago…
Law Degree Completed
I have now taken my last law exam, and the degree is complete. No, grades are not out so quickly, but I do not have any doubt I passed. There are no surprises in the last year of the ordeal. Here is a list of my final courses: Jurisprudence Company…
10 Social Advantages to having a law degree
I don’t usually post top ten lists, or humor, but it is Christmas. So here is some light amusement for the week of Christmas. Here are ten social advantages to having a law degree, courtesy of Above the Law: You’ll Be A Lot Of Fun At Parties. Cops LOVE Hearing About Your Rights.…
Letters to a Law Student by McBride (book review)
I read Letters to a Law Student by Nicholas J. McBride before I began my degree. It was a nice introduction to law as a field of study. Part of what made it useful was the format that the author chose: it is written as if it is a series of twenty letters…
The Penultimate Year of Law School Completed
Having just finished exams for the year, I am now looking to one more year to completion. This years’ exams were: Equity and Trust Law Company Law Property Law I really enjoyed Equity and Trust and Property, much to the disdain of my fellow students. Company law will be a…
Dr. Ronald Dworkin, requiescat in pace
As most of you know, Ronald Dworkin, the American philosopher and legal scholar, passed from this life last week. He was Professor of Law and Philosophy at New York University, Emeritus Professor of Jurisprudence at University College London, and taught at Yale Law School and the University of Oxford. He is…
Understanding the Law (book review)
When I was thinking about pursuing a law degree, before I applied to any programs, I decide to take six months and read law textbook, to get a feel for the field and to determine if it was really something I wanted to pursue. So I asked a number of by friends…
ABA’s lists of lists
Finally, to close off a week of legal lists from 2011, the American Bar Association has listed lists of 2011. Among the lists are: POPULAR CULTURE 30 Lawyers Pick 30 Books Every Lawyer Should Read The 25 Greatest Legal Movies The 25 Greatest Legal TV Shows Top 10 Lawyers in…
Outtakes from a Treatise: Garner and Scalia Present a Quiz on Textualism: Part 1 of 2
Here is a nice exercise posted by Brian Garner from the ABA journal. Garner has published quite a bit on legal writing, and co-authored a book with US Supreme Court Justice Antonin Scalia in 2008 (entitled Making Your Case: The Art of Persuading Judges). This exercise is an outage from another…
Real Life Law: disaster stories
In the last couple of months, we have seen a lot of depositions. We have noticed them ourselves and deposed parties; and have received noticed and had our clients deposed. I sat in as second chair on my first depo. It is both enjoyable and fulfilling to be part of some…