A note to our readers: A web conference, “Race and Justice in America,”will take place on June 23 at 7:00 pm on Zoom or YouTube live-stream. This event is part of the Lumen Christi Institute’s Catholic Criminal Justice Reform Network. Participants include Brandon Vaidyanathan (Catholic University of America), Herschella Conyers (University of Chicago Law School), and Darren Davis (Notre Dame). See the link for additional information on how to register.
Around the Web

Here are some important law-and-religion news stories from around the web:
- The Fifth Circuit issued a temporary stay on a district court ruling that had blocked Texas from enforcing a ban on abortions as part of its COVID-19 response.
- The Eighth Circuit held that a church-affiliated hospital’s internal benefits committee qualifies for ERISA’s “church-plan” exemption.
- Alliance Defending Freedom filed a lawsuit on behalf of the Students for Life chapter at Georgia Tech after the student group was denied funding for a speaking event featuring Alveda King, the niece of Martin Luther King Jr., because she is “inherently religious.”
- A group of Texas pastors filed a lawsuit seeking an exemption from a shelter-in-place order issued to prevent further spread of COVID-19, claiming the order violates the religious liberty of church leaders who wish to gather their parishioners together during a pandemic.
- Rev. Rodney Howard-Browne, the pastor of a Pentacostal megachurch in Florida, was arrested for defying emergency orders mandating that people maintain social distance and stay home after holding church services with hundreds of parishioners.
- Pastor Tony Spell of Life Tabernacle Church in Baton Rouge (LA) was charged with defying public orders against large gatherings after holding church services with hundreds of parishioners.
Around the Web

Here are some important law-and-religion news stories from around the web:
- Religious leaders around the world are taking drastic measures in an attempt to halt transmission of coronavirus (COVID-19), including canceling worship services, closing religious schools, and shuttering holy sites.
- A website maintained by an Italian research group is curating articles concerning the effects the coronavirus pandemic is having on religious rules. (Thanks to Religion Clause and The Volokh Conspiracy for the lead.)
- The DOJ hosted training for its lawyers on religious liberty laws as part of AG Barr’s push to prioritize religious freedom, but some lawyers expressed concerns that the training was designed to teach ways to limit civil rights protections for LGBTQ people.
- The European Court of Human Rights declined to consider a case brought by two nurses who claim they were denied midwife jobs for refusing to carry out abortions, in violation of their rights to freedom of religion and conscience.
- The Kentucky House of Representatives passed a bill seeking to amend the state constitution to specifically state that women do not have a legal right to an abortion.
- The Florida House of Representatives passed legislation that would mandate that the state’s athletic association allow schools to broadcast prayer over a public-address system before sporting events.
- The former spiritual advisor to Presidents George W. Bush and Barack Obama pleaded guilty to conspiracy to commit wire fraud.
Around the Web

Here are some important law-and-religion news stories from around the web:
- The Alliance Defending Freedom filed a complaint on behalf of three high school girls challenging the Connecticut Interscholastic Athletic Conference’s policy of allowing males who identify as female to compete in girls’ athletic events.
- The Court of Appeal of the United Kingdom held that an Islamic “nikah” ceremony did not qualify as a wedding under English marriage law because it was not performed in a registered wedding building, no certificates were issued, and no registrar was present.
- The U.S. Air Force updated its regulations to formally allow members to request waivers to wear beards, turbans, hijabs, and other items for religious reasons.
- The Forward, a Jewish media publisher, filed a lawsuit against the New York City Police Department demanding access to public records related to anti-Semitic hate crimes after months of unsuccessful requests under New York’s Freedom of Information Law.
- A federal district judge dismissed a First Amendment lawsuit filed by an Evangelical Christian professor at a public university who was disciplined after refusing to address a transgender student by the student’s preferred title and pronouns.
- A state judge in Louisiana ordered a public hearing on the confidentiality of e-mails between Roman Catholic officials and the New Orleans Saints football team concerning clergy sex-abuse scandals.
- The Clark County School District Board in Las Vegas (NV) will no longer begin its meetings with prayer after receiving a complaint from the Freedom From Religion Foundation.
- A federal district judge ordered a trial over a privately funded Ten Commandments monument on the grounds of the Arkansas Capitol.
- Three officials with the Philippines-based Kingdom of Jesus Christ Church were arrested by federal agents in Los Angeles (CA) and charged with conspiring to commit forced labor trafficking, document servitude, and immigration and marriage fraud.
Around the Web

Here are some important law-and-religion news stories from around the web:
- An Orthodox Jewish couple is suing American Airlines for religious and racial discrimination after the airline claimed they smelled bad and removed them from a flight.
- The Military Religious Freedom Foundation requested that the commander of Naval Station Newport (RI) investigate those behind the promotion of a discussion series that urges Navy personnel to “Lead like Jesus.”
- A Christian pastor who ministers to immigrants and refugees failed to obtain a preliminary injunction to prevent the government from monitoring her activities along the U.S.-Mexico border and in New York.
- A judge ruled Friday that The Associated Press may be heard in a court dispute over whether to release hundreds of confidential emails that detail the New Orleans Saints’ behind-the-scenes public relations work to help local Roman Catholic leaders deal with a sexual abuse crisis.
- The leader and the main treasurer of the Israelite Church of God in Jesus Christ were sentenced to federal prison terms of eighteen months and twelve months and one day, respectively, after pleading guilty to conspiring to defraud the United States.
Around the Web

Here are some important law-and-religion news stories from around the web:
- The Washington Supreme Court ruled for a second time that a Christian florist discriminated against a same-sex couple by refusing to do a floral arrangement for their wedding.
- Lawyers representing Catholic Social Services of Philadelphia (PA) are appealing to the Supreme Court after the agency was stripped of its contract to provide foster care services for the city for refusing to place children with same-sex couples.
- A third complaint was filed against Jack Phillips, owner of Masterpiece Cakeshop in Lakewood (CO), claiming he discriminated against a customer and used deceptive and unfair trading practices.
- Naasón Joaquín García, leader of La Luz del Mundo, a church headquartered in Mexico that claims to have more than one million followers worldwide, was arrested at Los Angeles International Airport on charges of human trafficking and child rape.
- Bishop Thomas John Paprocki of Springfield (IL) banned leaders of the state’s General Assembly from receiving Holy Communion at local churches because of their involvement in recently passed abortion legislation.
- A California state court dismissed most of a lawsuit seeking to prevent Godspeak Calvary Chapel Church from moving into a former YMCA building, rejecting an argument that the church should not be considered a religious organization entitled to protection under RLUIPA.
- The U.S. Equal Employment Opportunity Commission filed a religious discrimination lawsuit against Greyhound Lines, Inc. after the company allegedly refused to allow a Muslim driver to wear an abaya, a loose-fitting ankle-length overgarment.
- A self-identified witch filed a federal lawsuit against St. Bonaventure University claiming she was pressured to resign from her post as dean of the communications school because of her Wiccan faith.
- Costa Rica’s Legislative Assembly is considering a bill that would require Catholic priests to violate the seal of confession to report cases of suspected child sex abuse.
- The Catholic Church in Texas is reviewing allegations that a top monsignor continued to hear a married woman’s confessions after luring her into a sexual relationship, a potentially serious crime under church law.
- A youth pastor at the Bread House South church in Lansing (MI) was charged with sexually assaulting a teenage girl who is a member of the church.
- A recent report revealed that, over the past eight years, the Catholic Church has spent $10.6 million in the northeastern U.S. to lobby against legislation that would benefit victims of clerical child sex abuse.
- A public prosecutor’s office in Argentina has formally accused Bishop Gustavo Zanchetta of sexually abusing seminarians.
- The Tallahassee Fire Department and State Fire Marshal are investigating an arson at the Co-Cathedral of St. Thomas More near the Florida State University campus.
- Federal charges were filed against a twenty-two-year-old man in connection with a fire that destroyed Elbowoods Memorial Congregational Church on the Fort Berthold Reservation (ND) in April.
- A twenty-eight-year-old man from Orange County (CA) who created “kill lists” of prominent Jews was sentenced to more than two years’ imprisonment after pleading guilty to threatening two churches and a synagogue.
Bessler, “The Celebrated Marquis”
Did you know that Cesare Beccaria’s monumental work, Of Crimes and Punishments, landed on the Catholic Church’s list of forbidden books? I didn’t. And that he once was a member of a group called the “Academy of Fists?” (Maybe resident Italophone Marc can explain). I did know that Beccaria’s early-utilitarian views on the purposes of criminal law greatly influenced the American Framers. All these subjects are covered in this new book by University of Baltimore law professor John Bessler, The Celebrated Marquis: An Italian Noble and the Making of the Modern World. The publisher is Carolina Academic Press. Here’s the description from the publisher’s website:
During the Enlightenment, a now little-known Italian marquis, while in his mid-twenties as a member of a small Milanese salon, the Academy of Fists, wrote a book that was destined to change the world. Published anonymously in 1764 as Dei delitti e delle pene, and quickly translated into French and then into English as On Crimes and Punishments, the runaway bestseller argued against torture, capital punishment, and religious intolerance. Written by Cesare Beccaria (1738-1794), an economist and recent law graduate of the University of Pavia, On Crimes and Punishments sought clear and egalitarian laws, better public education, and milder punishments. Translated into all of the major European languages, Beccaria’s book led to the end of the Ancien Régime.
Praised by Voltaire and the French philosophes, Beccaria was toasted in Paris in 1766 for his literary achievement, and his book—though banned by the Inquisition and placed on the Catholic Church’s Index of Forbidden Books—was lauded by monarchs and revolutionaries alike. Among its admirers were the French Encyclopédistes; Prussia’s Frederick the Great; Russia’s enlightened czarina, Catherine II; members of the Habsburg dynasty; the English jurist Sir William Blackstone; the utilitarian penal reformer Jeremy Bentham; and American revolutionaries John Adams, Thomas Jefferson, and James Madison. On Crimes and Punishments, decrying tyranny and arbitrariness and advocating for equality of treatment under the law, helped to catalyze the American and French Revolutions. In 1774, on the cusp of the Revolutionary War, the Continental Congress explicitly hailed Beccaria as “the celebrated marquis.”
Called the “Italian Adam Smith” for his pioneering work as an economist in Milan, Cesare Beccaria—like his Italian mentor, Pietro Verri—wrote about pleasure and pain, economic theory, and maximizing people’s happiness. Once a household name throughout Europe and the Americas, Beccaria taught economics before the appearance of Smith’s The Wealth of Nations but died in obscurity after working for decades as a civil servant in Austria’s Habsburg Empire. As a public councilor, Beccaria pushed for social and economic justice, monetary and legal reform, conservation of natural resources, and even inspired France’s adoption of the metric system. In The Celebrated Marquis, award-winning author John Bessler tells the story of the history of economics and of how Beccaria’s ideas shaped the American Declaration of Independence, constitutions and laws around the globe, and the modern world in which we live.
Greenawalt, “From the Bottom Up: Selected Essays”
I’m delighted to post this notice for a new book of essays by my old master, Kent Greenawalt: From the Bottom Up: Selected Essays. These previously published and newly collected essays span Kent’s writing life and do an excellent job of conveying his immense and broad erudition. They cover topics including the bases of law (public reasons, natural law, religious reasons, and so on); law and objectivity; and several subject specific inquiries (in criminal law, law and religion, and speech law).
As a compendious but complete introduction to Kent’s thought, you cannot do better. I was honored to provide this book blurb:
A crucial book for understanding the mind of one of the great legal scholars of our time. Kent Greenawalt’s core insight, developed over a scholarly life and across several disciplines, is that the law is best understood inductively–not by drawing hard dividing lines between legal concepts and categories but instead by asking careful questions about how the law works itself out in the real world.
“Foundational Texts in Modern Criminal Law” (available for pre-order)
I am pleased to announce that Foundational Texts in Modern Criminal Law, edited by Markus D. Dubber, is now available for pre-order. I’ve listed the description of the volume below. As Markus explains in his introduction, the aim of the volume is to provide a set of comments (and in some cases, an introduction) to criminal texts that are canonical for the modern liberal state, but also that grew out of the modern liberal state. The collection begins with Hobbes and ends with the contemporary German theorist, Günther Jakobs. I was delighted to contribute the chapter on J.F. Stephen. The primary texts themselves can be accessed here.
Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context.
Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Schull, “Prisons in the Late Ottoman Empire”
In May, Oxford University Press published a very interesting looking book at the intersection of religion and criminal law, Prisons in the Late Ottoman Empire: Microcosms of Modernity, by Kent F. Schull (Binghamton University). The publisher’s description follows.
Contrary to the stereotypical images of torture, narcotics and brutal sexual behaviour traditionally associated with Ottoman (or ‘Turkish’) prisons, Kent F. Schull argues that these places were sites of immense reform and contestation during the 19th century. He shows that they were key components for Ottoman nation-state construction and acted as ‘microcosms of modernity’ for broader imperial transformation. It was within the walls of these prisons that many of the pressing questions of Ottoman modernity were worked out, such as administrative centralisation, the rationalisation of Islamic criminal law and punishment, issues of gender and childhood, prisoner rehabilitation, bureaucratic professionalisation, identity and social engineering.
Juxtaposing state-mandated reform with the reality of prison life, the author investigates how these reforms affected the lives of local prison officials and inmates, and shows how these individuals actively conformed, contested and manipulated new penal policies and practices for their own benefit.