Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

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Thursday, November 13, 2014

Immigration Law Symposium at the University of Oklahoma

Join us tomorrow for a symposium titled Chae Chang Ping v. U.S.: 125 Years of Immigration's Plenary Power Doctrine hosted by the Oklahoma Law Review. The symposium will be held in the Bell Courtroom of the law school from 9:30 to 12:30 on Friday, Nov. 14. CLE credit is available. Speakers include Rose Cuison-Villazor, Kevin Johnson, David Martin, Margaret Taylor, and yours truly. Unfortunately a cancelled flight will keep Victor Romero from joining us.

November 13, 2014 in Scaperlanda, Mike | Permalink

Monday, September 22, 2014

SSPX Succumb to modernity: Update on black mass in OKC

Thousands of faithful and faithfilled Catholics along with members of other Christian faiths attended a Holy Hour and Eucharistic Procession at St. Francis Church in OKC yesterday afternoon to pray for Oklahoma City as a group of satanists prepared to hold a public black mass (sans consecrated host) at the OKC Civic Center. As reported by Anamaria Scaperlanda Biddick, "Archbishop Coakley said during the Eucharistic Holy Hour and outdoor Eucharistic procession that he and several bishops, dozens of priests and some 3,000 lay persons 'gather not to protest.' He urged attendees to 'put aside the outrage,' and instead 'adore, and listen to the holy Lord, and open our hearts to the promptings of the spirit.' It was a beautiful and reverant event reminding Catholics of the Lord's presence in the Eucharist, a fact that even the satanists seem to understand.

In recent column, Archbishop Coakley continued to urge people to stay away from the Civic Center before and during the staging of the black mass: "I am aware that other groups are planning to show their opposition to the blasphemous event that evening at the Civic Center. I urgently ask everyone to avoid confrontations with those who might oppose them. Our witness ought to be reverent, respectful and peaceful." 

In another show of disobedience to the local ordinary, the schismatic SSPX was one of the "other groups" who ventured downtown to the Civic Center. Their presence, along with other groups, completely changed the narrative as it played out on local television. 

The Archbishop's focus was on reverant prayer, Christian unity in Christ's body, and continued conversion of those attending the Holy Hour in addition to conversion of those staging the blasphemous event. The protests by SSPX and others at the Civic Center allowed the media to frame the narrative as one of clashing First Amendment rights - the free speech rights of the protestors against the religious freedom rights of the satanists.

Lost in this narrative was the authentic Catholic response: 1) a belief that Christ really is present in the Eucharist, 2) the devil, evil, and demonic forces are real and are dangerous to people and communities who open themselves up to these forces, 3) through Christ's passion, death, and resurrection, final victory, but skirmishes remain as long as this life endures, and 4) our response is prayer, the Eucharistic, and continued conversion and not clash of modern rights.

FYI, 88 people bought tickets to the black mass and 42 of those attended. Please pray for their souls. Many have told me that the Catholic Church should have just ignored this event because by opposing it and responding to it, it received much more media attention than it otherwise would have received. My response: If this had been a blasphemous b-movie, I would have agreed. But, as the Archbishop said, there is a very real danger to a community because "satanic ritual invokes powers of evil and invites them into our community."

Update: Here is Archbishop Coakley's homily given during the Holy Hour.

September 22, 2014 in Scaperlanda, Mike | Permalink

Saturday, September 20, 2014

Student centered legal education - RALS

Big thanks to Mark Osler for organizing and Rob Vischer for hosting the RALS conference at St. Thomas this week. There were many excellent panels and presentations, including by MOJ’ers John Breen, Susan Stabile, Amy Uelman, and Rob Vischer. Titled “Religious Identity in a Time of Challenge for Law Schools,” the theme that tied the conference together for me was refreshing and intentional emphasis on students. With strong faculty governance many law schools (and I suspect many institutions of higher educaiton) have created cultures around faculty prefences and comfort. As a quick example, if you were to study the course offerings at a given schools, the number of credit hours devoted to different subjects, and the frequency of courses offerings, I suspect the organizing principle would be faculty desire. The market is forcing law schools to move toward a more student centric model, but the transition will often be painful as faculty members are asked to leave their comfort zones, perhaps teaching more, changing teaching pedogogy, teaching different subjects, advising students in a more intense way than in the past, etc. The Deans Panel and panels on Employment and Student Well-Being; Scholarship; and The Challenge of Pope Francis were testimony to the successes achieved and the challenges and obstacles that still remain in this cultural transformaton. A key to success is, as Dean Tacha and others said, the building of community, especially among the faculty, that is other regarding, centered on the students, their education, well being, and professional formation.

September 20, 2014 in Scaperlanda, Mike | Permalink

Thursday, August 21, 2014

black mass Update: Stolen Host Returned

Archbishop Coakley announced Thursday that the consecratedHost at the center of a lawsuit filed in Oklahoma County District Court has been returned.

 An attorney representing the head of the satanic group presented the Host to a Catholic priest Thursday afternoon. The lawsuit sought return of the Host following multiple public statements by the head of the local satanic group that they planned to defile and desecrate the consecrated Host during a satanic ‘black mass’ scheduled next month in Oklahoma City.

 With the return of the Host and an accompanying signed statement from the satanic group leader that the group no longer possesses a consecrated Host, nor will they use a consecrated Host in their rituals, the archbishop agreed to dismiss the lawsuit with prejudice.

 

 “I am relieved that we have been able to secure the return of the sacred Host, and that we have prevented its desecration as part of a planned satanic ritual,” said Archbishop Paul Coakley of the Archdiocese of Oklahoma City. “I remain concerned about the dark powers that this satanic worship invites into our community and the spiritual danger that this poses to all who are involved in it, directly or indirectly.”   

 Archbishop Coakley has made repeated requests for the city’s leaders to cancel the satanic ritual in a publicly funded facility.

 “I have raised my concerns … and pointed out how deeply offensive this proposed sacrilegious act is to Christians and especially to the more than 250,000 Catholics who live in Oklahoma.” 

 On Sept. 21, the day the satanic ritual has been scheduled, the archbishop invites the Catholic community as well as all Christians and people of good will to join him in prayer for a Eucharistic Holy Hour at 3 p.m. at St. Francis of Assisi Church, 1901 NW 18, followed by an outdoor Procession and Benediction.

 “For more than 1 billion Catholics worldwide, the Mass is the most sacred of religious rituals,” the archbishop said. “It is the center of Catholic worship and celebrates Jesus Christ’s redemption of the world by his death and resurrection. We are grateful for the gift of the Eucharist and pray that this threatened sacrilege will heighten our appreciation and deepen our faith in the Lord's Eucharistic presence among us.”

August 21, 2014 in Scaperlanda, Mike | Permalink

Wednesday, August 20, 2014

Archdiocese of Oklahoma City files suit against organizers of black mass

Last month I wrote about a satanic black mass, which is scheduled to be held in Oklahoma City in September. Earlier this month, Archbishop Coakley called for prayer and penance to avert the planned sacrilege. In addition to Holy Hours, Eucharistic Processions, and Benediction, the Archbishop is asking all Catholics to say the Prayer to St. Michael the Archangel now though September 29 (the Feast of the Archangels). Please join us in this prayer

Today, the Archdiocese filed a Petition for Replevin against the organizers, contending that the consecrated host that the organizer claims to possess "must have been procured, either by that person or by another, by illicit means: by theft, fraud, wrongful taking, or other form of misappropriation." Here is a link to the Petition.

Michael Caspino of Busch & Caspino (Irvine, Ca.) and Chris Scaperlanda of McAfee & Taft (OKC) represent the Archdiocese. Yes, I'm a proud dad.

 

August 20, 2014 in Scaperlanda, Mike | Permalink

Thursday, July 24, 2014

school vouchers in a time of increasing intolerance

Catholic schools are "public" schools in the best sense of the word, contributing as they do to the public - and common - good of the communities they serve. In many communities, they serve non-Catholic and poor students and their parents.

As Rick Garnett has said on this blog many times, in a healthy society, the state ought to recognize the public character of these institutions and support them through vouchers or a similar funding mechanism.  When the public schools were de facto Protestant and an anti-Catholic spirit filled the air, many states adopted Blaine Amendments to prohibit public funds being used to support parochial schools. 

Could the Blaine Amendments - as ugly as they were - be a blessing in disguise in a culture that is increasing intolerant of religious dissent from secular orthodoxy? Because of the Blaine Amendments, Catholic and other religious primary and secondary schools - unlike religious colleges, which are dependent on federally subsidized student loans - have had minimal entanglement with government money.

There may come a day in the not too distant future when religious colleges and univesities will be faced with a choice: capitulate to the secular orthodoxy or ween yourself from the government teat. The Blaine Amendments unintentially shield many primary and secondary schools from this choice. Over a decade ago, James Dwyer wrote Vouchers Within Reason, which argued that vouchers might provide a way to bring relgious schools and their parental patrons to heels without have to padlock school doors or put parents in jail (his words, not mine). When I reviewed his book, less than a decade after the Religious Freedom Restoration was enacted with overwhelming bi-partisan support, I was hopeful that government strings attached to vouchers would not threaten the character and culture of these religious schools. I am much less hopeful today and therefore am inclined to see the Blaine Amendments as an unexpected blessing.  Rick, I'd be interested in your take.

 

July 24, 2014 in Scaperlanda, Mike | Permalink

Friday, July 18, 2014

Reflection on Religious Liberty and the Freedom of the Church

I learned much at the Libertas Workshop on religious liberty at Villanova and am grateful to Michael, Marc, Zach, and the other participants for an engaging three days.

Chapter 9 of John Courtney Murray’s “We Hold These Truths” has given me much food for thought. I have heard it said that the United States through Murray’s work gave the Church its modern understanding of religious liberty expressed formally in Dignitatis Humanae. But Murray, at least the Murray of Chapter 9, seems deeply skeptical of the American understanding of religious liberty. At one point, he writes: “Modernity rejected the freedom of the Church, in the twofold sense explained, as the armature of man's spiritual freedom and as a structural principle of a free society.” In other words, free society requires not merely freedom of individual consciences but freedom of the institutional church. In fact, freedom of conscience depends on and is formed within the cradle of the church, which must be free to define and shape its own destiny.

This raises several questions for me. 1) Did the Catholic Church adopt an American understanding of religious liberty in Dignitatis Humanae or did it learn from the American experience while developing its own distinctive understanding? 2) To what extent is freedom of the church possible in a religious pluralistic nation such as ours? 3) Is freedom of the church inconsistent with an American/Protestant understanding of churches as voluntary associations? 4) Is the level of dissent within the Catholic Church today due – at least in part – to the cultural acceptance even within the church of an atomized freedom of conscience weakly tethered if at all to the Church operating in its freedom? 5) Should the bishops exercise their teaching authority within the Church to clearly articulate where the American concept of religious freedom convergences and diverges from the Church’s self-understanding? 

July 18, 2014 in Scaperlanda, Mike | Permalink

Wednesday, July 2, 2014

Religious Freedom, Tolerance, and the black mass

A black mass is scheduled for the Oklahoma Civic Center on September 21 sponsored by this group. Here is Archbishop Coakley's statement responding to this disturbing news. WIth the Hobby Lobby decision this week, there has been much discussion about religious freedom in the news and on this blog.

A former student asked me: should sincrere satanists be entitled to the same religious freedom and tolerance as sincere adherents to other religions? Does the fact that satanists believe in God but worship God's enemy put them in a different category than Jews, Muslims, Christians, Hindus, Buddhists, Pagans, agnostics, and atheists? Does the fact that the black mass is an explicit inversion and mockery of the Catholic Mass put it in a different and unprotected or less protected category of "worship"? Could the framers have dreamt that black masses would be held openly in our country?

Fellow blogger, how should I respond to my former student?   

This is how the group describes the black mass:

The modern form of the Black Mass is still practiced by modern Devil Worshipers to celebrate the perversion of the Catholic Mass still seen in society today.  The Black Mass as gone through a transformation to maintain practice within societal law.  The consecrated host is corrupted by sexual fluids then it becomes the sacrifice of the mass.  The blasphemy remains intact along with corruption of Catholic Mass.  Modern/Laveyan Satanists see this as ritual to mock the Catholic Mass in the form of a blasphemy rite used to deprogram people from their Christian background, however Religious Satanism sees the Black Mass as a religious ceremony to empower themselves and receive a "blessing" from the Devil.  The Black Mass being performed at the Okc Civic Center has been toned downed as to allow it  to be performed in a public government building.  The authenticity and purpose of the Black Mass will remain in tact while allowing for slight changes so that a public viewing can occur without breaking Oklahoma's laws based on nudity, public urination, and other sex acts. 

July 2, 2014 in Scaperlanda, Mike | Permalink

Thursday, June 19, 2014

Unaccompanied Minors Crossing the Border by the Thousands

First Things published my essay Tragic Compassion on the origins of our current crisis at the border.

Here is the beginning of the essay: "The Department of Homeland Security estimates that 90,000 unaccompanied minors will be apprehended attempting to enter the United States this year, up from 40,000 last year. DHS expects the number to grow to more than 140,000 next year. Ranging in age from six to 17, many of these minors travel more than 1,700 treacherous miles from Honduras across Guatemala and Mexico.

Overwhelming immigration authorities, many unauthorized entrants are released into the United States on the promise to report to immigration authorities, although federal authorities lack the will and the resources to ensure follow through. Others are being or will be housed on military bases in California, Oklahoma, and Texas. At least in the short term, there are concerns about adequate housing, health care, education, sanitation, food, and supervision as detention facilities attempt to cope with the influx. 

Misguided compassion led directly to this tragedy. How did we get here?"

June 19, 2014 in Scaperlanda, Mike | Permalink

Wednesday, February 5, 2014

MOJ at 10: Scaperlanda's reflection

My first post, written on February 10, 2004 was titled “Anthropology and the Structures of Injustice.” In that post, I suggested that “A (maybe THE) major structure of injustice in our society is a malformed anthropology, which provides the foundation for many of the other structures of injustice.” I continue to think this. 

A Chronicle of Higher Education (1/27/2014) article, “When I Was Young at Yale,” written by an English professor who co-taught a course with Richard Rorty at Virginia, where the objective of the course was “de-divinization,” supports my hypothesis. He writes: “We were out to wipe the highest aspirations of humanity off the blackboard—they were an encumbrance, a burden, a major inconvenience. Courage, compassion, the disinterested quest for ultimate truth: Let’s drop them. They were forms of oppression. They weighed people down.” Although this professor confessed to being “slow,” he finally realized that “If there were no ideals, or no creditable ideals, then the kids who were headed from Skull and Bones to Wall Street and the CIA were absolved, weren’t they? They didn’t have to be honorable; they didn’t have to seek the truth; they didn’t have to do what Auden told us all we had to try: ‘love one another or die.’ No, the kids from Yale [and, I would add, the rest of us] were free.”

I too am slow. I ended my first post with “We cannot force someone to accept our anthropology - our understanding of what it means to be human - but I think (like Rick) that there is good reason to raise the question and also hope (not to be confused with optimism) that this anthropological perspective will resonate with others. More on these two points later ...”

Ten years later, I continue to hope, but I am much less optimistic that this hope will be realized in the near term than I was a decade ago. Ten years ago, in my youthful (I wasn’t even 44 yet) naiveté, I imagined that the new springtime of the Church was just around the corner. I thought that if people understood the beauty of the Catholic Church’s teaching on the nature of the human person (instead of obsessing over and twisting a few aspects of this teaching), they would gravitate toward that worldview in large numbers at least philosophically. My co-edited book (with Teresa Collett), “Recovering Self-Evident Truths: Catholic Perspectives on American Law,” was an attempt to show that the Catholic Church had much to contribute to the discussion about labor law, immigration law, property law, contract law, etc.

My sense today (and maybe I am just an overly pessimistic nearly 54 year old) is that far from gaining traction, a Catholic anthropology is actually losing ground in the public sphere where debate is being shut down in the name of tolerance and diversity. I now expect a long winter before the coming spring. 

I am grateful for Blessed John Paul II and Pope Benedict XVI and their sound philosophy and theology (I suspect that the Theology of the Body will take root in the long run) in the decades after Vatican II.  Rational argument still needs to be made, and the two of them along with faithful theologians and philosophers, have kept the Church on solid intellectual ground. But, I sense a shifting of the wind, and I am equally grateful for Pope Francis with his emphasis on being a living witness to Christ’s love and mercy. I suspect that love and mercy showered on those who have lost hope will have a greater impact in the long term than any argument the best of us could make.  As a result of my shift in emphasis from arguing with others to being present to others, I have become one poor correspondent on MOJ.

February 5, 2014 in Scaperlanda, Mike | Permalink