The New York Lawyers Chapter of the Federalist Society is sponsoring a panel discussion, “Is Islamic Law Coming to America? And Should We Care?” in New York City on Monday, September 26. Panelists include David Forte (Cleveland-Marshall), Daniel Mach (ACLU), and Hon. Richard Sullivan (SDNY). Details are here. — MLM
John Finnis: Books and Conferences
John Finnis’s Natural Law and Natural Rights is one of the most
important books in jurisprudence of the past century — and an erudite and magisterial interpretation of the tradition of natural law. On a personal note, it was also one of the books that most influenced my decision to want to teach law; I thought, a life spent trying to create a monument as lasting as this book is a life well lived.
A five-volume collection of Professor Finnis’s shorter work has now been
published, The Collected Essays of John Finnis (OUP 2011), which provides a comprehensive picture of the man’s views in legal, political, and moral philosophy (each book can be purchased singly). For readers here, the last volume, Religion and Public Reasons, looks especially worthwhile (though all of them look terrific), as it engages masterfully with the issue of the role of religion in political decisionmaking.
And there are two excellent conferences this fall which will discuss and celebrate Professor Finnis’s work: first, at Notre Dame Law School on September 9; second, at Villanova Law School on September 30.
Conference: The Future of the Establishment Clause in Context
As my colleague Marc notes, the proper definition of neutrality is very much an issue in Establishment Clause jurisprudence today, particularly with regard to state-sponsored religious symbols and expressions. Neutrality will be one of the topics addressed at an interesting conference organized by Bruce Ledewitz (Duquesne), scheduled for November 3. Participants include Christopher Lund, Zachary Calo, Samuel Levine, Richard Albert, and Mark Rahdert. The conference announcement follows. — MLM
The Future of the Establishment Clause in Context: Neutrality, Religion, or Avoidance?
The Establishment Clause of the Constitution prohibits Congress from making any law “respecting an establishment of religion”. There is no agreement today on the Supreme Court, or in American law generally, as to what that command means. This disarray has led to intractable controversies over such issues as “one Nation under God” and “In God We Trust”. Government neutrality toward religion is now challenged by some members of a newly assertive, national religious majority. Conversely, a growing number of nonbelievers, especially among the young, reject even generic references to God. Disappointingly, the Supreme Court has responded to these developments by limiting standing to bring Establishment Clause challenges, rather than by a coherent reinterpretation of the text.
In conjunction with a symposium issue of The Chicago-Kent Law Review, six scholars will explore the future of the Establishment Clause in terms of this contested context at Duquesne University School of Law on November 3, 2011. They will inquire into the possibilities set forth by the three paths open to us into the future of religion in the public square: a new government neutrality, a new relationship of government and religion and a new understanding of how the Establishment Clause is to be enforced.
Conference: Theological Argument in Law: Engaging with Stanley Hauerwas
This conference (September 9, 2011) at Duke Law School considering the implications of the work of Stanley Hauerwas for law is being organized by John Inazu (Wash. U. School of Law). The speaker list is terrific. I had the pleasure of reading a draft of John’s introduction to the conference; legal engagement with theology is not common, and John’s take on these issues is thoughtful and insightful. — MOD
ICLARS Conference: Religion and the Constitution (Santiago, Sept. 8-11)
The second conference of the International Consortium for Law and Religion Studies will take place next month in Santiago, Chile. The theme is “Religion and the Constitution.” Panels include “The status of religious, ethnic and cultural minorities,” “Religion and the Constitution in China,” “Freedom of religion, freedom of conscience, and freedom of expression,” among others. A first-class roster of scholars from around the world. The conference program and contact info are here. Should be great! — MLM
“Islamophobia, the Media and Echoes of 9/11” (Sept. 7, 2011)
Lawrence Joseph will participate in an upcoming discussion at the Columbia Graduate School of Journalism entitled Islamophobia, the Media and Echoes of 9/11. The event is being hosted by Granta magazine in association with South Asian Journalists Association and Voice of Witness, and will explore Islamophobia, media rhetoric and how society remembers the events of September 11, 2001. The discussion will take place on September 7, 2011, at 5 p.m.
Symposium: Sharia in America at New York Law School
On August 25-26, New York Law School will host a symposium, Sharia in America: Principles and Prospects. Looks very interesting and worth checking out. A summary of the symposium is below. — MOD
This symposium will discuss the place of Islamic law in the United States today and in the future, in a variety of legal fields including family, financial, criminal, and constitutional law.
The symposium—featuring commentary by and an opportunity to pose questions to leading experts in Islamic, American, and Jewish law—will address the realities, possibilities, and problems of Islamic law in American courts and American life in light of much attention, misinformation, and hyperbole in the media. Speakers will address how recent Sharia bans at the state level inflame negative views of Muslim Americans and pose risks to the equal protection of Muslims as well as to U.S. national security. They will also discuss where Islamic law exists (or does not exist) in American courts in comparison to Jewish law, and what that means for legal practitioners.
The conference is aimed at disseminating accurate information to and fostering informed discussion among policy makers, the media, legal practitioners, and academics with the help of American scholars who are recognized as leaders in the fields of Islamic as well as Jewish law.