Religious Freedom as if Religion Matters: A Tribute to Justice Brennan

On April 22, 1998, Professor of Law, Stephen L. Carter of Yale Law School, delivered the Georgetown Law Center’s eighteenth Annual Philip A. Hart Memorial Lecture: Religion-Centered Free Exercise: A Tribute to Justice Brennan. Stephen L. Carter is the William Nelson Cromwell Professor of Law at Yale, where he has taught since 1982. Among his courses are law and religion, the ethics of war, contracts, evidence, and professional responsibility. His most recent book is The Violence of Peace: America’s Wars in the Age of Obama (2011). Among his other books on law and politics are God’s Name in Vain: The Wrongs and Rights of Religion in Politics; Civility: Manners, Morals, and the Etiquette of Democracy; The Dissent of the Governed: A Meditation on Law, Religion, and Loyalty; The Confirmation Mess: Cleaning up the Federal Appointments Process; and The Culture of Disbelief: How American Law and PoliticsTrivialize Religious Devotion. Professor Carter writes a column for Bloomberg View and is a regular contributor to Newsweek and The Daily Beast. He blogs about professional football for the Washington Post. Professor Carter also writes fiction. His novel The Emperor of Ocean Park spent eleven weeks on the New York Times best-seller list. His next novel, The Impeachment of Abraham Lincoln, will be published in 2012. His novella “The Hereditary Thurifer” recently appeared in the crime anthology, The Dark End of the Street. Professor Carter was formerly a law clerk for Supreme Court Justice Thurgood Marshall, as well as for Judge Spottswood W. Robinson, III, of the United States Court of Appeals for the District of Columbia Circuit. He is a graduate of Stanford University and Yale Law School, and has received eight honorary degrees

Against Her Will: Forced and Coerced Sterilization of Women Worldwide

Examines factors that cause women to be vulnerable to sterilization under pressure or without consent: including race/ethnicity, poverty, HIV status, and/or disability; weak informed consent policies; and lack of medical accountability. Calls for reforms

Who Can Protect Black Protest?

Police violence both as the cause of and response to the racial justice protests following George Floyd’s murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and federal agents for constitutional rights violations create a further barrier to relief. Courts have only recognized damages as a remedy for such abuses in limited contexts against federal employees under the Bivens framework. The history of Black protest movements reveals the violent responses police have to such challenges to the white supremacist social order. The use of federal officers in that violent response during the summer of 2020 makes the urgent need for Bivens relief for the victims of police violence clear. Fortunately, the history of the First and Fourth Amendments reveals a basis for extending Bivens relief under both Amendments in the context of the violent policing of Black protest. But will the courts or Congress extend that protection

Who Can Protect Black Protest?

Police violence both as the cause of and response to the racial justice protests following George Floyd’s murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and federal agents for constitutional rights violations create a further barrier to relief. Courts have only recognized damages as a remedy for such abuses in limited contexts against federal employees under the Bivens framework. The history of Black protest movements reveals the violent responses police have to such challenges to the white supremacist social order. The use of federal officers in that violent response during the summer of 2020 makes the urgent need for Bivens relief for the victims of police violence clear. Fortunately, the history of the First and Fourth Amendments reveals a basis for extending Bivens relief under both Amendments in the context of the violent policing of Black protest. But will the courts or Congress extend that protection

Governance and the Religion Question: Voluntaryism, Disestablishment, and America\u27s Church-State Proposition

The quandary over how to structure the relationship between religion and the civil state is an ancient one. From the perspective of political philosophy this is the religion question, and events over many centuries have proven that the answer is easy to get wrong. Religion, by its very definition, is the fixed point from which all else is surveyed. It is about ultimate matters, both micro and macro. Hence, religion addresses the irreducible core of personhood and its meaning, while at the same time religion embraces a worldview that transcends and encompasses everything else. Religion generates intense emotions that when acted upon can oreacn the peace, and religion forms deep loyalties that can rival the patriotic ties that bind citizens to their nation-state. Religion is simultaneously individualistic, about highly personal beliefs and acts of humble piety growing out of those beliefs, while at the same time religion is nearly always manifested in the form of a sacred group or institution that knits together those of like-minded faith in local, national, and even transnational churches, temples, and mosques

No Respect: Brian Leiter on Religion

In two recent papers, Brian Leiter argues that there is no good reason for law to single out religion for special treatment, and that religion is not an apt candidate for respect in the thick sense of being an object of favorable appraisal. Both arguments depend on a radically impoverished conception of what religion is and what it does. In this paper, I explain what Leiter leaves out, and offer an hypothesis about why. I also engage with some related reflections by Simon Blackburn and Timothy Macklem, both of whom influence, in different ways, Leiter\u27s analysis