Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, September 1, 2021

Professor Rick Garnett to Speak at Constitution Day Lecture at The Citadel

The Citadel will hold Constitution Day events, including one on Sept. 23, with constitutional expert, Prof. Richard Garnett, JD. He is the Paul J. Schierl/Fort Howard Corporation Professor of Law and Concurrent Professor of Political Science at the University of Notre Dame, where he is also the founding director of the Program on Church, State & Society. 

“We can all learn from Prof. Garnett’s expertise on First Amendment issues, especially on the freedoms of speech, association and religion. Additionally, he is a leading authority on questions of religion in politics and society,” said Scott Segrest, Ph.D., assistant professor of Political Science at The Citadel. “Professor Garnett earned his J.D. from Yale Law School and clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the S.S. Court of Appeals for the Eighth Circuit, Richard S. Arnold.”

Information on these events can be found here: https://today.citadel.edu/two-ways-to-advance-your-knowledge-about-about-the-u-s-constitution/

Constitution-Day-Lecture-Flyer-1536x994

September 1, 2021 | Permalink

Ranking the Scholarly Impact of Law Faculties in 2021

Every three years, I lead a team at the University of St. Thomas to study the scholarly citations of thousands of tenured law professors (involving nearly half-a-million citations) to measure the scholarly impact of American law faculties, that is, whether other scholars are actually relying on their written works of scholarship.  Using the basic methodology pioneered by Professor Brian Leiter at the University of Chicago, we rank approximately the top third of law schools.

With the full study available here, I am pasting the Top 50 below.  Notably, five Catholic law schools appear in or near the Top 25: Georgetown, Fordham, the University of St. Thomas (Minnesota), the University of San Diego, and Notre Dame.

I am delighted that my own school, the University of St. Thomas, has remained inside the Top 25 again (at #23), far above its U.S. News ranking.

Fordham has been a remarkable success story on scholarly impact over the past decade, having debuted in our 2021 ranking at #43 and moving subsequently through #35 and #29 to arrive in the Top 25 at #23 for 2021.  While not suggesting it is anything miraculous, they do seem to be changing the water into scholarly wine at Fordham Law.

The University of San Diego continues to rank considerably higher for its faculty’s scholarly impact than the questionable U.S. News ranking. For 2021, The University of San Diego places #30 in the Scholarly Impact ranking, but is remarkably under appreciated when U.S. News drops it to #86.

Over the next few days, as I do every three years, I will follow-up with a three-part series on the importance of scholarly activity and scholarly impact for Catholic legal education.

Table 1:  Summary of Scholarly Impact Ranking of Law Faculties, 2021

Rank

Law School

Weighted Score

1

Yale

1345

2

Chicago

1110

3

Harvard

940

4

NYU

921

5

Columbia

814

6

Stanford

752

6

Cal-Berkeley

749

8

Pennsylvania

663

9

Virginia

646

9

Vanderbilt

644

11

UCLA

605

12

Duke

597

13

Michigan

545

14

Cal-Irvine

537

15

Northwestern

528

15

Cornell

527

17

Georgetown

514

18

George Washington

472

18

Texas

471

18

Minnesota

468

21

Washington U

440

22

Cal-Davis

435

23

George Mason

420

23

Fordham

414

23

Boston U

411

23

U. St. Thomas (MN)

410

27

Arizona

387

27

William & Mary

384

29

USC

382

30

U. San Diego

367

31

Notre Dame

346

31

Illinois

344

33

Cardozo

340

33

Brooklyn

338

33

Colorado

336

36

Case Western

325

36

Utah

326

36

North Carolina

323

36

Emory

317

40

Kansas

311

40

Hastings

305

40

Chicago-Kent

304

43

Ohio State

300

43

Alabama

293

43

Georgia

289

46

American

287

46

Florida State

278

46

Maryland

278

49

Temple

275

49

BYU

268

49

Wake Forest

265

Note:  Original post updated to include discussion of the University of San Diego.

September 1, 2021 in Sisk, Greg | Permalink

Wednesday, August 25, 2021

RGCS Debate with Chiara Cordelli and Richard Garnett

Professor Richard Garnett participated in a debate, Must Churches be Democratic?, with Chiara Cordelli. This debate was sponsored by The Research Group on Constitutional Studies at McGill University.

https://churchstate.nd.edu/news-events/news/rgcs-debate-with-chiara-cordelli-and-richard-garnett/

August 25, 2021 | Permalink

Saturday, August 21, 2021

"The Church and China: Can Catholics Serve Two Masters?"

Ed Condon has this piece, at The Pillar, which includes some (sadly) typically obtuse comments by Cardinal Parolin.  To be sure, it is not only the PRC, among political authorities, that purports to demand of Catholics that they be "good citizens" first.  Some might say that the PRC and its apologists simply "say the quiet part out loud." And, it is far from obvious what the all-things-considered best way is for the Church to deal with the PRC, and best care for Catholics in China and bear witness to the faith there. I feel confident, though, that Parolin's inclinations and ruminations are not a reliable guide to finding it. 

August 21, 2021 in Garnett, Rick | Permalink

Friday, August 20, 2021

Call for Papers: Governments’ Legal Responses and Judicial Reactions during a Global Pandemic: Litigating Religious Freedom in the Time of COVID-1

More info, from the Journal on Church and State, is available here.

August 20, 2021 in Garnett, Rick | Permalink

Thursday, August 19, 2021

A strong stand for academic freedom by Yale legal scholars

Kudos to the following distinguished legal scholars, all present or emeritus Sterling Professors of Law at Yale, who have taken a firm stand against American Bar Association proposed rules that would undermine law schools' institutional autonomy and, even more importantly, core principles of academic freeom:

Bruce A. Ackerman, John H. Langbein, Akhil R. Amar, Jerry L. Mashaw, Mirjan R. Damaska Robert C. Post, Owen M. Fiss, Roberta Romano, Anthony T. Kronman, and Alan Schwartz

Among the proposals to which they strongly object is the idea of requiring "diversity, equity, and inclusion training." This "training" is--or quickly degenerates into--indoctrination, and indoctrination has no place in serious academic institutions of any type.

Read about another strong--and courageous--stand against such indoctrination here:

https://www.realclearinvestigations.com/articles/2021/08/19/guided_by_faith_divinity_student_fought_his_antiracist_princeton_seminary_-_and_won_790007.html

August 19, 2021 | Permalink

Tuesday, August 17, 2021

A Symposium on Bachiochi's "Rights of Women"

At the Law and Liberty blog, there is a symposium dedicated to our own Erika Bachiochi's new bookThe Rights of Women:  Reclaiming a Lost Vision.  Check it out!

August 17, 2021 in Garnett, Rick | Permalink

Tuesday, August 10, 2021

"What Is Religious Freedom?"

Here is a short piece I did for the USCCB's "First Freedom" blog.  It is meant for parishes, high schools, etc., so please feel free to share!  A bit:

Religious freedom plays a significant role in the American imagination.  When asked what it means to be an American, many Americans will refer to freedom and equality, which speaks to our intuitive sense of the equal dignity of all people.  But how we think of religious freedom can differ from one person to the next.  The ideal of religious freedom may be summarized as “separation of church and state” and “the right to follow my conscience.”  Many Americans will often think primarily in terms of human rights.  Religion – belief and practice, ritual and worship, and perhaps expression and profession – is considered an object of human rights laws, that is, as something that the laws protect. The leading human rights instruments confirm this entirely reasonable, if not quite complete, way of thinking. For example: “Everyone has the right to freedom of thought, conscience, and religion,” the Universal Declaration of Human Rights (1948) proclaims, and political communities should “strive ... to promote respect for [this right]” and “to secure [its] universal and effective recognition and observance.” Similarly, the European Convention on Human Rights (1950) declares that its signatories resolve to “secure [this right] to everyone within their jurisdiction.” The Constitution of the United States frames the issue in terms of constraints on government.  The government may not prevent the free exercise of religion, nor may it establish a religion.  In other words, religious liberty is often framed negatively, as “freedom from,” rather than as something more aspirational, as “freedom for.”

But what, exactly, is this religious liberty that needs safeguarding?  Despite general agreement that religious liberty is protected by the Constitution, the extent of those protections, and what constitutes true religious liberty at its core, is disputed. . . .  

August 10, 2021 in Garnett, Rick | Permalink

Monday, August 9, 2021

Catholic University Law School is hiring

I am pleased to share that The Catholic University of America, Columbus School of Law, is seeking to hire at least four faculty members. 

We are seeking two tenure track and one tenure eligible faculty member  for positions to begin in Spring 2022 or Fall 2022. These positions are for candidates interested in participating in the school’s new Project on Constitutional Originalism and the Catholic Intellectual Tradition, more fully described at https://communications.catholic.edu/news/2021/04/law-originalism-gift.html.

We are also seeking an entry-level candidate to serve as a member of the law school’s faculty while also contributing to the University’s Institute for Latin American and Iberian Studies (the “Institute”), described at https://ilais.catholic.edu/en/ilais-mission.

We seek candidates who can teach, in addition to the natural areas of fit with the Project (such as Constitutional and Administrative Law) or the Institute, the following subjects:  Property, Family Law, and Trusts and Estates; Criminal Law, Criminal Procedure, and Evidence; Corporate and Securities Law; and Contracts and Commercial Law.

Candidates must be committed to teaching, producing outstanding scholarship, engaging as active members of the Law School and University communities, and making a significant contribution to the mission of the University and Catholic Law.  Candidates must possess a J.D. or equivalent, superior academic credentials, and relevant professional experience, such as teaching, legal practice, or judicial clerkships. 

 For details on how to apply, please review the full opportunity descriptions at https://provost.catholic.edu/_media/faculty-position-ads/law-tt-pco-and-cit,-2021,-rev.pdf;  at https://provost.catholic.edu/_media/faculty-position-ads/law-tenured-2021,rev.pdf; and  at https://provost.catholic.edu/_media/faculty-position-ads/law-tt-ilias-2021,-rev.pdf


As a Catholic institution, our mission commits us to respecting the dignity of each human person, and to welcoming scholars who will bring a diversity of “backgrounds, religious affiliations, viewpoints, and contributions” to the law school’s vibrant intellectual community. We recognize the importance of diversity in our faculty and encourage applications from those with diverse backgrounds.

August 9, 2021 in Leary, Mary G. | Permalink

Wednesday, August 4, 2021

Under Caesar's Sword Course: Christians in Response to Persecution

The McGrath Institute for Church Life is offering an online course on how Christians around the world suffer persecution at the hands of both state and non-state actors.

More information can be found here: https://mcgrath.nd.edu/online-courses/step/courses/under-caesars-sword-christians-in-response-to-persecution/

August 4, 2021 | Permalink