Posts tagged with: law

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…)

Anti-Abortion Activists Demonstrate Outside The Supreme CourtWhat was the Greece vs. Galloway case about?

The short answer: The constitutionality of saying religiously specific prayers (e.g., praying in Jesus name) at government meetings and functions.

The (slightly) longer answer: In the town of Greece, located in upstate New York, the Town Board sessions were opened by a prayer from local clergy, mostly leaders of Christian congregations although in a few instances members of other faith traditions offered the invocation (a Jewish man, a Baha’i leader, and a Wiccan). The Second Circuit Court ruled the prayers were unconstitutional since they aligned the town government officially with a particular faith — Christianity. The case was appealed to the Supreme Court.

What was the Supreme Court’s ruling?

In a 5-4 decision, split along traditional right-left lines with Justice Kennedy joining the majority, the court ruled that the town’s practice of beginning legislative sessions with prayers does not violate the Establishment Clause of the First Amendment. Justice Kennedy’s opinion for the Court concludes:
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gr cityThe city of Grand Rapids, Mich. continues to deny the Acton Institute application for property tax-exemption, even as Acton presents evidence to support such status.

The Acton Institute, recognized by the Internal Revenue Service as a 501(c)3 non-profit organization and ranked #11 in the world as a social policy think tank by the University of Pennsylvania, received notice from City Assessor Scott Engerson that it did not meet the criteria for tax-exempt status for property tax purposes.

Most people think that if they’re a tax-exempt 501(c)3 they’re exempt from property tax, and that’s not the case in Michigan,” he said. “In regard to Acton, it’s the charitable piece that the city was not able to definitively conclude.”

Acton is one of 435 organizations appealing the city’s ruling regarding tax-exemption this month alone. Today, Acton made its appeal. (more…)

In a new video from the Becket Fund for Religious Liberty, the Green Family, owners of the embattled retail chain, Hobby Lobby, discusses the religious foundation of their business and the threat the federal government now poses to those who share their beliefs.

“What’s at stake here is whether you’re able to keep your religious freedom when you open a family business,” says Lori Windham, Senior Council at The Becket Fund, “whether you can continue to live out your faith in the way that you live every aspect of your life.” (more…)

Tunisia Arab SpringConversations about economic development often gravitate toward such topics as monetary policy, trade regulation, tax structures, infrastructure, etc. These are critical pieces of the puzzle indeed, but there exist even more primary components of prosperity that are often skipped over.

In our interview with Samuel Gregg, director of research at the Acton Institute, he lists a few of the foundational elements of growth:

Rule of law is essential if you want to have a functioning economy. You cannot have a functioning economy without secure property rights. You cannot have a functioning economy unless contracts are enforced. You cannot have a functioning economy if government officials can act in an arbitrary fashion.

The Property Rights Alliance, a Washington D.C.-based think tank, publishes research concerning private property and rule of law. Earlier this month, the organization released its annual 2013 International Property Rights Index (IPRI), which measures the intellectual and physical property rights of 131 nations from around the world, representing 98% of world GDP.

The 2013 IPRI represents the seventh edition of the index and focuses on three core components:

  1. Legal and Political Environment
  2. Physical Property Rights
  3. Intellectual Property Rights

Countries received a score (on a scale of 0 – 10, where 10 is the highest value for a property rights system and 0 is the lowest value) in each of these areas; those scores were then averaged to calculate the “IPRI score.” The countries receiving the top five IPRI scores were Finland, New Zealand, Sweden, Norway, and the Netherlands. The United States claimed the 17th spot.

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Lemkin

Raphael Lemkin

Today marks the 54th year since the passing of one of the world’s most influential international human rights lawyers. Raphael Lemkin, who coined the term ‘genocide’, made the crime illegal under international law, and possessed an almost prophetic sense of the atrocities that would occur under Nazi tyranny in World War II, died a largely unnoticed man. Only seven people attended his funeral, and to this day, many have not heard of Lemkin or the great contributions credited to his name.

The following account of Lemkin’s life and work is largely drawn from “A Problem from Hell”: America and the Age of Genocide, the 2002 book by Samantha Power. Power was named U.S. Ambassador to the United Nations on August 2nd.

Early Insights

Born in 1900 to a large Jewish family in the village of Bezwodene, Poland (now near Volkovysk, Belarus), Lemkin became conscious of crimes against religious and minority groups at a young age. At the age of 12, he read the book, Quo Vadis, which recounts the Roman Emperor Nero’s massacres of Christian converts in the first century.

Lemkin learned about the Ottoman Empire’s extermination of its Armenian minority in 1915, and the 1920 assassination of Mehmet Talaat, the architect of the genocide. While studying linguistics at the University of Lvov, he asked one of his professors why the Armenians did not arrest Talaat instead. The professor said there was no law under which he could be arrested. “Consider the case of the farmer who owns a flock of chickens,” he said. “He kills them and this is his business. If you interfere, you are trespassing.” Lemkin was deeply troubled by this response and the idea that “state sovereignty” effectively permitted leaders to exterminate entire minority groups. (more…)

I’m catching up on reading after the holiday last week, and the July 4 edition of the Transom has some gems, including this bit from Alexis de Tocqueville on the mindset of tenants:

There are some nations in Europe whose inhabitants think of themselves in a sense as colonists, indifferent to the fate of the place they live in. The greatest changes occur in their country without their cooperation. They are not even aware of precisely what has taken place. They suspect it; they have heard of the event by chance. More than that, they are unconcerned with the fortunes of their village, the safety of their streets, the fate of their church and its vestry. They think that such things have nothing to do with them, that they belong to a powerful stranger called “the government.”

They enjoy these goods as tenants, without a sense of ownership, and never give a thought to how they might be improved. They are so divorced from their own interests that even when their own security and that of their children is finally compromised, they do not seek to avert the danger themselves but cross their arms and wait for the nation as a whole to come to their aid. Yet as utterly as they sacrifice their own free will, they are no fonder of obedience than anyone else. They submit, it is true, to the whims of a clerk, but no sooner is force removed than they are glad to defy the law as a defeated enemy. Thus one finds them ever wavering between servitude and license.

This description of servile and licentious tenancy can be directly contrasted with a vision of responsible and faithful stewardship, in which the steward acts in the interests of his or her lord. As Paul writes, “it is required of stewards that they be found faithful” (1 Cor. 4:2 ESV). On the Christian view, it is in our best interest to align our interests with God’s, submitting our stewardship to his will and his law.