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Mirror of Justice 
Dedicated to the development of Catholic legal theory.
Post Frequency: 46.4/day Last Entry: April 01, 2011 at 15:50:36 Recent Entries: 3708
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Putatively Unconstitutional Burdens and the 'Hermeneutics of Suspicion'
Posted on June 30, 2010Much of the disagreement between Steve and Rick on the CLS decision seems to ride on how burdened CLS is by Hastings's 'all comers' policy. Per the 1A doctrine so far as I understand it, that is altogether fitting once...
The Case for Catholic Schools (Part Four): Making a Statement for Educational Choice
Posted on June 29, 2010This is the fourth in a series of six. Here you may find Parts One and Two and Three. As before, I have turned on the comments. By choosing Catholic schools, we make a statement for educational choice that, when...
Feeding the Perception That the Government Stands in Opposition to People of Faith
Posted on June 28, 2010With sometimes over-the-top rhetoric and with occasional exaggerated or even mythical tales of episodes, a growing number of religious leaders argue that our government has become, not just indifferent, but actually hostile to people of traditional religious faith...
Christian Legal Society v. Martinez
Posted on June 28, 2010I share Rick?s disappointment in today?s Martinez decision. Four quick points about the reasoning employed by Justices Ginsburg (for the majority) and Stevens (concurring): First, has the Supreme Court ever had a gift that has kept on giving like Lawrence...
The Court gets it wrong on "discrimination", diversity, and speech
Posted on June 28, 2010The Court handed down its opinion in the Christian Legal Society case this morning. By a 5-4 vote, the Court upheld a rule requiring officially recognized student groups at Hastings College of the Law to "accept all comers" as members...
Tom Farr on international religious freedom and the Administration
Posted on June 27, 2010I noted a few days ago that there is some concern, among religious-freedom advocates, about what seems to be the Administration's rhetorical shift from "freedom of religion" to "freedom of worship." (The latter is seen, I gather, as less threatening....
The Case for Catholic Schools (Part Three): Expanding Access to Catholic Education for All Catholics
Posted on June 27, 2010This is the third in a series of six. Here you may find Parts One and Two. As before, I have turned on the comments, which have been interesting and vigorous and, almost without exception, have been thoughtful and generous...
USCCB on the Phoenix abortion case
Posted on June 27, 2010Here is the US Bishops' Committee on Doctrine's statement on the Phoenix abortion case. Richard M.
Some news from Germany (via Ireland)
Posted on June 26, 2010Trinity College Dublin law prof and MOJ friend Gerry Whyte sends this our way: Irish Times June 26, 2010 German court opens door to limited euthanasia DEREK SCALLY in Berlin GERMANY?S FEDERAL high court in a landmark ruling has opened...
Catholic Judges and Capital Punishment
Posted on June 26, 2010This, from the Dayton Daily News, may be of interest to MOJ readers: Guest column: Judge was correct to step aside in death penalty case Tuesday, June 22, 2010 This commentary was written by Michael Merz, U.S. magistrate judge serving...
The Case for Catholic Schools (Part Two): Integrating Personal Faith in Life, Education, and Community
Posted on June 26, 2010Following up on the discussion I began with yesterday?s post, I come today to the first of five reasons I will propose over the next week for why, all things being equal, Catholic parents should choose Catholic schools for their...
By contrast, not a good day for religious liberty or the rule of law in Belgium
Posted on June 25, 2010Rick Garnett recently brought to our attention the news about a ?victory for religious freedom? in Quebec. Apparently, quite the opposite occurred in Belgium yesterday, June 24, when the members of the Belgian Bishops? Conference were conducting their monthly meeting...
The Case for Catholic Parents to Choose Catholic Schools (Part One)
Posted on June 25, 2010The end of another school year has arrived?and for most of us in the legal academy probably arrived several weeks ago. For those of us who are parents, the elementary and secondary school year also has come to an end,...
April Fools Day in June or Where Have All the Grown-ups Gone
Posted on June 24, 2010Several news sources are reporting that a Massachusetts school board has adopted a policy allowing students at all grade levels to obtain condoms from the school nurse and all without parental notification. Either someone is having a lot of fun...
A "victory for religious freedom" in Quebec
Posted on June 24, 2010This is, I think, good news: A judge in Quebec has invalidated -- calling it "totalitarian" -- a requirement that Quebec had imposed on Catholic schools that the schools teach a state-crafted-and-controlled "Ethics & Religious Culture" course from a "neutral"...
A retreat on "hiring for mission" and Charitable Choice?
Posted on June 24, 2010This from the Institutional Religious Freedom Alliance: A recently introduced bill to reauthorize federal drug treatment programs includes language to ban from participation faith-based providers that take account of religion in hiring This is an attack on the SAMHSA Charitable...
"Freedom of Worship" and the Obama Administration
Posted on June 24, 2010Here is a worth-reading piece, in Christianity Today, about the (possibly) troubling implications of the Administration's shift from the term "freedom of religion" to "freedom of worship." . . . The U.S. Commission on International Religious Freedom noted the shift...
Law and Religion Roundtable
Posted on June 24, 2010I am in lovely (and steamy) Brooklyn for the first (I hope) annual Law and Religion Roundtable, and am enjoying the company, fellowship, and ideas of fellow MOJ-ers Rob, Amy, Michael P., and Patrick, along with many other great scholars...
St. Thomas Garnet
Posted on June 23, 2010On this day, in 1608, St. Thomas Garnet was martyred at Tyburn. Here's more about him: Protomartyr of St. Omer and therefore of Stonyhurst College; b. at Southwark, c. 1575; executed at Tyburn, 23 June, 1608. Richard Garnet, Thomas's father,...
"Different forms of Christian life"
Posted on June 23, 2010In doing some research on Jean Vanier and the L'Arche communities he founded, I came across this description of different forms of Christian life. It struck me as relevant to the debates we sometimes engage in about how a Catholic...
Burquas in Spain
Posted on June 22, 2010Spain is considering a ban on burquas in government buildings, maintaining that the clothing is demeaning to women. As I understand it, Islamic women decide to wear burquas as part of a commitment to modesty. It is hard to see...
Gilbert Meilaender
Posted on June 22, 2010I don't know why Michael Perry posted (without comment) on MoJ the vituperative and, to my mind, grossly unfair attack on Gilbert Meilaender that appears as a letter to the editor in Commonweal. I do know this, though: Gil is...
The essence of being human
Posted on June 22, 2010To re-echo Robby and Rick in the context of the discussion on Gilbert Meilaender, it is not the avere but the essere which is essential to human beingness and human dignity. RJA sj
Can the USCCB be wrong?
Posted on June 22, 2010Michael P. linked the other day to an editorial in Commonweal which (among other things) asks "is there a possibility that the USCCB might be wrong?" It seems to me that the editors are beyond-question-right in observing that, with respect...
Tollefsen on healthcare, abortion, and conscience
Posted on June 22, 2010Following up (sort of) on Michael's link to the recent Commonweal editorial about the bishops' participation in the healthcare debate, here is Prof. Christopher Tollefsen, writing on the dilemma that he thinks pro-life citizens might soon face when selecting health-care...
St. John Fisher and St. Thomas More
Posted on June 22, 2010Today, we celebrate the feast day of St. John Fisher and St. Thomas More, two Catholic heroes who refused to go along, merely "for friendship's sake", with Henry VIII's power-and-money grab. Here is a powerful clip from Showtimes' "The Tudors",...
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The Justice Mills Lawyer’s Relief Act of 2007 or Multiple Avenues of Appeal of a Comprehensive Permit Still Available.
Topics: Administrative Appeal; Zoning Appeal; Mootness; Housing Ap...
Enlarging Time to Appeal Land Use Decisions in the Interests of Justice
In Gregory v. Borough of Avalon, the Appellate Division evaluated ...
Mirror International Prenuptial Agreements
We frequently recommend mirror prenuptial agreements for people wi...
Anna Nicole Smith's Legal Troubles
Court cases and legal issues related to Anna Nicole Smith
Personal information/online harassment?
Quit talking with people on message boards that support these activities. The se...
Is there a time limit where someone can't be convicted of a sexual crime after the child has told someone?
The statute of limitations can differ from state to state. Look into it by conta...
My children's school is falsely charging me with truancy. The local district justice works for the school in the most blatently open way. And his wife works for the district, too! They have violated private health record
I am no lawer by any means, so I would love for someone to verify what I have to...
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Are the abortion ultrasound laws headed for the Supreme Court?
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Personal information/online harassment?
Quit talking with people on message boards that support these activities. The se...
Is there a time limit where someone can't be convicted of a sexual crime after the child has told someone?
The statute of limitations can differ from state to state. Look into it by conta...
My children's school is falsely charging me with truancy. The local district justice works for the school in the most blatently open way. And his wife works for the district, too! They have violated private health record
I am no lawer by any means, so I would love for someone to verify what I have to...
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