Search for: "Mark Movsesian"
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22 Jan 2018, 4:00 am
How the Supreme Court’s Establishment Clause Cases Fuel Religious Conflict, (January 10, 2018).Mark [read post]
28 Apr 2025, 4:00 am
Genesis 1-3 for LGBTQ+ Rights, (March 01, 2025).Amelia Miazad, Faith Investors, (November 01, 2024).Mark [read post]
6 Jun 2011, 4:00 am
Foreword by Mark L. Movsesian; panel participation by Michael Simon, Mark L. Movsesian, and Marc O. [read post]
9 May 2024, 12:23 pm
[I review Prof. Jack Balkin's new book] At Law & Liberty this week, I review Yale Law Professor Jack Balkin's new book on tradition in law, Memory and Authority. Tradition is having a moment in constitutional law, and Prof. Balkin offers an interesting and, in some respects, persuasive analysis. For example, he correctly observes that lawyers use tradition selectively, highlighting aspects of the past that support their clients' positions and downplaying others. (No great… [read post]
27 May 2025, 6:10 am
[Washington State's New Law on Clergy Reporting in Child Abuse Cases] This month, Washington State enacted a law requiring clergy to report suspected child abuse or neglect, even when the information is obtained through a confidential spiritual communication, like Confession in the Catholic Church. The new law seems clearly unconstitutional under current doctrine; that's the easy part. But the deeper issues are more interesting and more difficult, and they have been with us for a very long… [read post]
5 May 2022, 12:14 pm
[How it differs from past SCOTUS leaks and why it poses such a threat] Over at First Things today, I argue that the leak of the Dobbs draft opinion differs from past SCOTUS leaks and poses a much greater threat to the institution. I also venture some thoughts on who might have done it: In disclosing the draft opinion now, rather than in February when it circulated, the leaker presumably means to do one of two things. First, the leaker might hope that public pressure will intimidate one or more… [read post]
13 Dec 2021, 7:51 am
[Why Shakespeare's play about an absurd contract dispute continues to fascinate lawyers] Pretty much every lawyer in the English-speaking world has heard of Shakespeare's The Merchant of Venice. Merchant is one of Shakespeare's "problem plays." For a comedy, it isn't very funny, and the ugly treatment of Shylock, the Jewish moneylender, by the play's Christians makes contemporary audiences cringe. What's more, the central plot device is absurd. Shylock's… [read post]
12 Jan 2026, 7:45 am
[Why Maduro's Prosecution Can Continue Even if the US Violated International Law] For those old enough to remember, the arrest of Venezuelan strongman Nicolás Maduro this month resembles an event that took place 36 years ago to the date: the arrest of Panamanian strongman Manuel Noriega on January 3, 1990. Noriega had been indicted on drug charges in Florida; the U.S. captured him in Panama in a military operation and transferred him to the U.S. for trial. I… [read post]
31 Oct 2016, 4:00 am
DeGirolami, Mark L. Movsesian and Steven D. [read post]
13 May 2025, 5:58 am
[Recollections of a true gentleman] Justice David Souter passed away last week. I clerked for him early in his tenure on the Court, in October Term 1992, and ever since the news, I've been thinking about him—talking with friends, family, and former colleagues who've reached out to share memories and condolences. To be honest, I hadn't planned to write anything about my time with him. He never cared much for public tributes, and I have always felt awkward telling stories… [read post]
20 Sep 2022, 10:18 am
[The West's indifference so far results from hypocrisy, cynicism, and shortsightedness about its own interests] Last week, a dictatorship—Azerbaijan—invaded the territory of an aspiring democracy—Armenia. Hundreds of Armenians were killed in a matter of hours, and Azerbaijan infiltrated deep inside Armenian territory. Although the two countries fought two years ago over the disputed region of Nagorno Karabakh—Armenian in population but within the borders of… [read post]
30 Mar 2022, 1:56 pm
[Two new empirical studies on the influence of Nones in law and religion cases] One of the most discussed trends in American religion at the start of the 21st Century is the so-called "Rise of the Nones," the sharp increase, since the 1990s, in the percentage of Americans who tell pollsters they have no religious affiliation. Depending on the study, Nones now make up about a quarter to a third of Americans, up from something like six percent a generation ago. The category is quite broad,… [read post]
9 Jul 2025, 8:05 am
[Implications for the Ten Commandments cases] Some quick thoughts occasioned by Josh Blackman's post on coercion in Mahmoud v. Taylor, last Term's parental rights case. As readers will recall, Mahmoud held that a Maryland school district violated the Free Exercise Clause when it rescinded an opt-out policy that had allowed parents to have their children excused from elementary school lessons featuring LGBTQ+-inclusive storybooks. The Court reasoned that the storybooks, along with classroom… [read post]
8 Jul 2025, 5:54 am
[Three Cases from OT 2024] Last month, the Supreme Court wrapped up its October 2024 Term, which included three church-state decisions. Each touched on long-running issues—public funding for religious schools, the definition of "religious" for purposes of exemptions, and parental rights in public education. But only one case, Mahmoud v. Taylor, resulted in a major ruling. The two others, for different reasons, turned out to be less eventful. Start with Oklahoma Statewide… [read post]
21 Nov 2024, 10:49 am
Let's take a quick detour from the usual VC topics to talk about something a bit older—400 years older, to be exact. It's a Puritan text from Massachusetts, which makes it perfect for Thanksgiving. (Yes, I know the Puritans aren't the same as the Pilgrims. Stick with me here.) This text has echoed across centuries, its meaning changing in fascinating ways. And it offers an unexpected window into today's debates over original versus traditional meaning. You've probably… [read post]
30 Mar 2010, 7:12 am
Smith (San Diego).Please submit abstracts (500 words) and inquiries to Professor Mark Movsesian (movsesim [read post]
9 Jul 2025, 6:00 am
The Inscrutable Supreme Court (Paul Rosenzweig, The Atlantic) Religion at the Supreme Court (Mark [read post]
30 Mar 2024, 9:06 am
[A pattern over time] What is the story of religious pluralism in America? Over time, and not without occasionally serious conflict, the wider American society comes to accept minority religious groups it initially finds quite threatening: Quakers, Catholics, Mormons, and others. These groups insist on their legal rights and, eventually, America lives up to its commitments to religious freedom and civic equality. A more tolerant, peaceful society results, a real achievement in a world in which… [read post]
10 May 2010, 4:00 am
, The Role of the Defence in Islamic Law, (Sydney Law School Research Paper No. 10/42, May 4, 2010).Mark [read post]
12 Dec 2022, 4:16 pm
[Last week's argument at the Supreme Court in 303 Creative v. Elenis.] Last week, the Supreme Court heard argument in 303 Creative v. Elenis, the latest wedding vendor case–this time concerning a web designer who does not wish to design sites for same-sex weddings. The wedding vendor cases typically present a conflict between free speech, including religiously-motivated speech, and equality in the marketplace for goods and services. Based on last week's argument, it seems the Court… [read post]
