Posts tagged with: law

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…)

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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