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…
“The best lawyers are not law graduates…” (Lord Sumption)
…all the way through their education, that is. A pure focus on the law, says Lord Sumption, makes for too narrowly-focused lawyers. These comments of Lord Sumption’s in a recent Counsel magazine article have resulted in some interesting discussion on the topic. From the Telegraph: “I think that it is best…
Christianity as the State Religion in 529 CE
On this day in 529, the first draft of of Corpus Juris Civilis was issued by Justinian I, the Emperor of Eastern Roman Empire. This was Latin compilation of all the imperial civil laws dating back to the reign of the Roman Emperor Hadrian. Some of the more interesting provisions provided for Christianity as…
An All-Female Supreme Court in 1925
This post does not really have to do with religion, although the case cited caught my eye because it involved women in the legal field, and my studies in religion have dealt with women’s roles in the religious field. (See my book, Prayers of Jewish Women, dealing with the prayers…
Books that Attorneys and Law Students Should Read
Thirty attorneys were commissioned by the American Bar Association; each was asked to name one book they thought all attorneys and law students should read. Here is the list (minus duplicates). My Life in Court by Louis Nizer Colossus: Hoover Dam and the Making of the American Century by Michael Hiltzik 1861:…
Topic Survey: Crime Control and Due Process models
This is a brief survey I did as an orientation to the subject for a project I am working on. The “Crime Control” and “Due Process” models of criminal justice were first articulated by the American scholar Herbert Packer, in an article entitled “Two Models of the Criminal Process.”[1] Packer did not…
Religion, the Slave Trade Act 1807 and the 13th Amendment
Slavery in the British and American countries was an issue that found religious people arguing both sides. Biblical texts were used to argue both for and against; this usually means that the biblical texts are being misused. The modern social and cultural contexts are so radically different. Even in the Roman Empire,…
The Magna Carta
There is a brief article in the Guardian here about legacy of the Magna Carta and the five-year celebrations planned as the 800-year anniversary approaches in 2015. Here is a link to a video interview with UK Justice Secretary Kenneth Clarke on the relevance of the Magna Carta today. The Magna Carta connects a number of…
Interracial Marriage in the UK and the US
Marriage is both a religious and a legal act in most cases, whether we are speaking of a civil ceremony, a religious ceremony, a common-law marriage, or so on. While there have been laws at various times and places throughout history preventing interracial marriages, these normally seemed to have derived from social…