Posts tagged with: law

Hobby-Lobby-StoreWhen the Supreme Court ruled on the Hobby Lobby case, the near universal reaction by liberals was that it was a travesty of epic proportion. But as self-professed liberal law professor Brett McDonnell argues, the left should embrace the Hobby Lobby decision since it supports liberal values:

The first question was: Can for-profit corporations invoke religious liberty rights under RFRA? The court answered yes. HBO’s John Oliver nicely expressed the automatic liberal riposte, parodying the idea that corporations are people. It is very funny stuff.

It is not, however, especially thoughtful stuff. The court does not argue that corporations are just like real people. Rather, it argues that people often exercise faith collectively, in organizations. Allowing those organizations to assert religious-liberty rights protects the liberty of the persons acting within them. The obvious example is churches, usually legally organized as nonprofit corporations.

The real issue is not whether corporations of any type can ever claim protection under RFRA — sometimes they can. The issue is whether for-profit corporations can ever have enough of a religious purpose to claim that protection.

To me, as a professor of corporate law, liberal denial of this point sounds very odd. In my world, activists and liberal professors (like me) are constantly asserting that corporations can and should care about more than just shareholder profit. We sing the praises of corporate social responsibility.

Well, Hobby Lobby is a socially responsible corporation, judged by the deep religious beliefs of its owners. The court decisively rejects the notion that the sole purpose of a for-profit corporation is to make money for its shareholders. This fits perfectly with the expansive view of corporate purpose that liberal proponents of social responsibility usually advocate — except, apparently, when talking about this case.

McDonnell is right, of course. Support for religious liberty should transcend partisan political lines. And it used to be an issue that was championed by liberals. The fact that religious liberty is now despised and denigrated reveals a sudden, perhaps irrevocable shift in the nature of progressivism in America.

(Via: Rod Dreher)

FT_14.07.10_destructionReligiousPropertyWenzhou is called “China’s Jerusalem” because of the number of churches that have popped up around the city. And Sanjiang Church was, according to the New York Times, the “pride of this city’s growing Christian population.”

That was before the government brought in bulldozers and razed the church building to the ground.

The government claimed the the church violated zoning regulations, but an internal government document revealed the truth: “The priority is to remove crosses at religious activity sites on both sides of expressways, national highways and provincial highways,” the document says. “Over time and in batches, bring down the crosses from the rooftops to the facade of the buildings.”

Unfortunately, China is not the only country that is inflicting damage on religious property. A new Pew Research Center analysis finds that such incidents are occurring in almost three dozen countries around the world:
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rightstalkAre you sick to death of hearing about the recent Hobby Lobby contraceptive mandate kerfuffle? Me too. Yes, it’s one of the most important religious liberty cases in decades. But the constant debates about the case on blogs, newspapers, TV, radio, and social media, has left even those of us concerned about freedom beaten and exhausted. Besides, what is left to discuss? Is there really anything new that can be said?

Surprisingly, the answer seems to be “yes, there is.”

Earlier this week Megan McArdle wrote one of the most insightful articles I’ve read on the issue (and I’ve read enough about it to make my eyes bleed). McArdle outlines three points that frame the debate and lead us into bitter disagreements:
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Blog author: jcarter
Thursday, July 3, 2014
By

PatriotPicture-1We Americans have a peculiar relationship to the term “patriot.” To question someone’s patriotism is considered an insult, while to praise their patriotism is a compliment. Yet strangely, the only people who refer to themselves, completely without irony or qualification, as patriots are old veterans, old conservatives, and certain pro athletes in New England .

Of course, people who do not fit into those three categories sometimes self-identify with that label. But when they do it’s almost always accompanied by an asterisk, denoting—whether expressed or implied—that the use of the word comes with a qualifier:

 *Sure, I love my country but I that doesn’t mean I support ________. (the President, the war, etc.)

*I am, but that doesn’t mean I think America is better than other countries.

*Of course I would never, ever serve (nor let my child enlist) in the military.

*But I’m nothing like those Bible-thumping, flag-fetishizing, NASCAR-loving, types of patriots.

However, some people are more straightforward their mixed feelings. A Japanese reporter once inquired of filmmaker Michael Moore, “You do not seem to like the U.S., do you?” Moore’s response sums up the sentiment behind the patriot’s asterisk: “I like America to some extent.”
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Earlier today, Rev. Sirico spoke with WSJ Live’s Mary Kissel about the contraceptive mandate ruling, religion’s place in the public square, and the historical context of the Supreme Court’s decision. Watch below:

t873In a 5-4 decision, the Supreme Court just announced its ruling in favor of Hobby Lobby, holding that, “as applied to closely held corporations, the government’s HHS regulations imposing the contraceptive mandate violate the Religious Freedom Restoration Act of 1993 (RFRA).” The full opinion, written by Justice Samuel Alito, can be read here.

Although there is still much to digest, and although the majority opinion still leaves quite a bit of room for related battles to continue, it’s worth noting that that whatever perceived “narrowness” we see in the decision — confining things specifically to closely held corporations — remains a significant victory, particularly given our culture’s prevailing attitudes about business.

According to HHS, by simply incorporating one’s business in the pursuit of profit — “without in any way changing the size or nature of their businesses” — a company “would forfeit all RFRA (and free-exercise) rights” (quotes from Alito’s paraphrase). The arguments supporting such a view vary, including the principal argument advanced by HHS that corporations cannot “exercise religion.”

Alito dissects this from a variety of angles, and does so rather compellingly. But one of the more noteworthy sections is his refutation of the notion that for-profit corporations aren’t protected by RFRA because they “simply seek to make a profit.” (more…)

7figuresLast week the State Department released the 2014 Trafficking in Persons Report, a congressionally mandated report that looks at the governments around the world (including the U.S.) and what they are doing to combat trafficking in persons – modern slavery – through the lens of the 3P paradigm of prevention, protection, and prosecution.

Here are seven figures you should know from the latest report:
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The most recent issue of the Journal of Markets & Morality, vol. 17, no. 1, has been published online at our website (here). This issue features an array of scholarship on the foundations and fabric of free and virtuous societies, ranging from David VanDrunen’s examination of the market economy and Christian ethics, offering an unique synthesis between pro- and anticapitalist perspectives, to David Urban’s examination of liberty and virtuous self-government in the works of the seventeenth-century English poet John Milton.

In addition to our regular slate of articles and book reviews, our Scholia special feature offers, for the first time ever in print, a selection from the English jurist Matthew Hale’s treatise on natural law. In his introduction, David Sytsma highlights Hale’s importance in the common law tradition:

The legal history of England and the United States of America is commonly recognized as following a unique path distinct from the rest of Europe. Whereas continental European nations followed the Roman civil law (Corpus iuris civilis) compiled by Justinian, England developed its own body of customary law known as common law. Among legal historians of English common law, Sir Matthew Hale (1609–1676) ranks as one of the most familiar names along with Sir Edward Coke and Sir William Blackstone. After an early career as a lawyer, during which time he served as counsel for the defense at the famous trials of Archbishop Laud in 1643 and Christopher Love in 1651, Hale was appointed Justice of the Common Pleas (1654–1658), and at the Restoration was appointed successively as Chief Baron of the Exchequer (1660–1671) and Chief Justice of the King’s Bench (1671–1676). In the judgment of one historian, he was not only “accounted by his contemporaries the most learned lawyer of the age” but was so well received over the course of centuries of scholarship that he is now known as “one of the greatest jurists of the modern common law.”

Given his importance, it is an honor to be able to offer this selection of his work now published for the first time.

Meanwhile, in the editorial for this Spring’s issue, I offer a primer for peer review in the face of a bit of often not-so-honorable etiquette in academia. The Journal of Markets & Morality has added new policies and practices in order to better serve our authors and reviewers and, where possible, minimize instances of misconduct. I write,

It is in light of this practice that the editors of the Journal of Markets & Morality conceived the idea for this peer-review primer. In the course of research, we have also reevaluated and reaffirmed our policy of double-blind peer review for reasons to be detailed herein. Additionally, certain structural issues enable and can even encourage the poor etiquette in question as well as other issues of quality that have come to our attention. In light of all this, we have added a few procedures with the hope of achieving higher quality reviews, streamlining the review process for everyone involved, and discharging our editorial responsibility with regard to maintaining a cordial and professional academic environment.

As is our standard practice, this issue’s editorial is open access (here).

Furthermore, with the publication of our Spring 2014 issue, our Spring 2013 issue (here), which was a theme issue on the subject of integral human development, is now open access.

Subscription information and prices for the Journal of Markets & Morality can be found here.

corporations_are_people_too_by_biotwist-d4hnskt[Note: “Argument Outline” is a new occasional series that provides summaries of religious, economic, and public policy arguments presented in the public square.]

The Religious Freedom Restoration Act (RFRA) states that government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except in certain conflicts with a compelling governmental interest. That seems straightforward enough, but what does this law mean when it refers to a “person”? For instance, can a corporation like Hobby Lobby be a person under this Act?

Even some people who are sympathetic to Hobby Lobby’s fight to avoid being forced to violate their conscience may wonder if it makes sense to give such broad-based religious liberty protections to corporate entities. But in a recent article in the Harvard Law Review, Alan Meese and Nate Oman make the case that the most natural reading of the term ‘person’ in RFRA includes for-profit corporations, and why they should be afforded the same religious freedoms as individuals.

The following is a summary outline of the argument they present in this law review article:
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On Exchange and Usury, Cajetan, ThomasChristian’s Library Press has released a new translation of two treatises on exchange and usury by Thomas Cajetan (1469-1534), a Dominican theologian, philosopher, and cardinal.

Although best known for his commentaries on the Summa of Thomas Aquinas, Cajetan also wrote dozens of other works, including short treatises on socioeconomic problems.

Published under the name On Exchange and Usury, these treatises reflect on the banking industry of the early modern era in the context of the Church’s usury doctrine, examining which transactions were licit, and which involved usury, among other things. The book is part of CLP’s growing series, Sources in Early Modern Economics, Ethics, and Law.

In the introduction, Raymond de Roover summarizes some of the historical context, as well as Cajetan’s contribution therein:

Because of the Church’s usury doctrine, bankers were not supposed to charge interest and, consequently, had to look for some other way of lending money at a profit, with the result that banking became tied to exchange: local banking to manual exchange (cambium minutum), and foreign banking to real exchange or exchange by bills (cambium per litteras). Since the discounting of commercial paper was ruled out by the usury prohibition, bankers bought bills of exchange at a price that was determined by the foreign exchange rates… (more…)