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Religious Liberties

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Recent Publications

   Keynes vs. Hayek: The Clash that Defined Modern Economics - Podcast

Practice Groups Podcasts

Nicholas Wapshott's book examines the vastly divergent economic philosophies of John Maynard Keynes and Friedrich von Hayek. Messrs. Keynes and Hayek studied the normal course of the capitalist business cycle, especially after World War I, but reached radically different opinions about the role governments should play in regulating and ameliorating the effects of the business cycle. These two gentlemen, two of the most influential economic thinkers of the 20th Century, participated in on-going debates about the respective merits of their own philosophies and the demerits of the other's philosophies. Mr. Wapshott examines these debates and expounds on them in this podcast. Featuring Mr. Nicholas Wapshott, Author of Keynes vs. Hayek: The Clash that Defined Modern Economics, and Mr. James A. Haynes of the Professional Responsibility & Legal Education Practice Group Executive Committee and the Baltimore Lawyers Chapter.

 
   Perry, Same-Sex Marriage, and Federal Constitutional Guarantees

Sex Marriage, and Federal Constitutional GuaranteesIn Perry v. Schwarzenegger, a California district court struck down California’s Proposition 8, which amended the state constitution to preclude same-sex marriage. The opinion is of interest for a number of reasons, some of which have limited applicability outside of the California context and others of which have more general application. This essay focuses on the points in Perry that are of wider application, some of which would seem applicable to all states banning same-sex marriage and others of which are relevant to a subset of those states. [Read more!]

 
   Perry v. Schwarzenegger: Is Traditional Marriage Unconstitutional?

Perry v. Schwarzenegger: Is Traditional Marriage Unconstitutional?Until 2000 the legal institution of civil marriage was understood to be available only to one man and one woman. In 2000 Californians passed an initiative statute (Proposition 22) reaffirming that understanding. The California legislature then enacted a law authorizing domestic partnerships for same-sex couples that offer the same legal treatment as marriage under a different name. In 2008 the California Supreme Court nullified Proposition 22 and construed the state constitution to mandate that marriage be redefined to be available to same-sex couples. [Read more!]

 
   Does Neutrality Equal Secularism? The European Court of Human Rights Decides Lautsi v. Italy

Does Neutrality Equal Secularism? The European Court of Human Rights Decides Lautsi v. ItalyReligion can be an intensely personal activity. However, the idea that religion is only a private, personal devotion with no public political consequences is relatively new. For many nations in Europe, religion, in particular Catholicism, exerted an important influence over government and politics for centuries. The remnants of this influence still remain in anthems, oaths, and ideologies, not to mention architecture. However, with the rise of an ideology of “strict separation of church and state” in the European Union and the Council of Europe, it has been unclear how countries may incorporate their religious influences and histories into public life and expression. The case of Lautsi v. Italy in the European Court of Human Rights illustrates this struggle between secular ideology and religious faith and affiliation in the European context. The ultimate decision in the case acknowledges that “freedom of religion” need not result in, as the late Richard John Neuhaus put it, the naked public square. [Read more!]

 
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