Center for Law and Religion Religious Legal Theory Conference: Religion in Law, Law in Religion Friday, November 5, 2010 8:30 a.m. – 4:30 p.m. St. John’s School of Law 8000 Utopia Parkway, Queens, NY Religious Legal Theory Conference: Religion in Law, Law in Religion 8:30 – 9 a.m. Registration/Breakfast Solarium, Ground Floor 9 – 9:15 a.m. Welcome Belson Moot Court Room, Second Floor 9:15 – 10 a.m. Plenary Session I Belson Moot Court Room, Second Floor Steven Smith University of San Diego Law School Religion, Standing, and the Soft Constitution 10 – 10:15 a.m. Break 10:15 a.m. – 11:45 p.m. Concurrent Sessions I A. Varieties of Religious Legal Theory Belson Moot Court Room, Second Floor Moderator: Mark L. Movsesian St. John’s School of Law Zachary Calo Valparaiso University School of Law Law and the Secular Paul Horwitz University of Alabama School of Law Constitutional Agnosticism Samuel Levine Touro College Law Center A Preliminary Examination of Religious Legal Theory as a Movement David Opderbeck Seton Hall Law School Law and the Eschatology of Hope B. Religious Conceptions of Law and Loyalty Room 2-12 Moderator: Keith Sharfman St. John’s School of Law Perry Dane Rutgers School of Law-Camden The Challenge of Change in Jewish Law Haider Hamoudi University of Pittsburgh School of Law Juristic and State Institutions: The Paradox of Iraq Chaim Saiman Villanova Law School Halakhah: The Rabbinic Idea of Law Anna Su Harvard Law School To Try a Man’s Soul: Loyalty in Law and Religion Religious Legal Theory Conference: Religion in Law, Law in Religion C. American Law and Religion: Selected Topics Room 2-16 Moderator: Marc DeGirolami St. John’s School of Law Richard Esenberg Marquette University Law School The Unbearable Lightness of Endorsement Michael Helfand Pepperdine University School of Law Fighting for the Debtor’s Soul: Church Autonomy and Religious Arbitration John Inazu Duke University School of Law Religious Group Autonomy and the Right of Assembly Nelson Tebbe Brooklyn Law School Nonbelievers 11:45 – 1 p.m. Lunch Solarium, Ground Floor 1 – 1:45 p.m. Plenary Session II Belson Moot Court Room, Second Floor Steven Shiffrin Cornell University Law School Theology and Our Constitution 1:45 – 2 p.m. Break 2 – 3:30 p.m. Concurrent Sessions II A. Biblical Law Room 2-16 Moderator: Nina Crimm St. John’s School of Law Nathan Chapman Stanford Law School Speech, Creation and Law Robert Cochran Pepperdine University School of Law Jesus and the Civil Law Joel Nichols University of St. Thomas School of Law Civil Obedience and Disobedience in the New Testament B. Comparative Law and Religion Room 2-12 Moderator: Brett Scharffs BYU School of Law Keisuke Abe Seikei University Separation of Church and State in Japan: What Happened to the Conservative Supreme Court? Matthew Harrington University of Montreal – Faculty of Law The Religion Guarantees in the Canadian Context Simeon Ilesanmi Wake Forest University Disestablishment Without Impartiality: An Examination of the Religion Clause in the Nigerian Constitution Andrea Pin University of Padua (European) Stars or (American) Stripes: Are the European Court of Human Rights’ Neutrality and the Supreme Court’s Wall of Separation One and the Same? Rosemary Salomone St. John’s Law School Behind the Veil: Religion, Ethnicity, and Democratic Schooling in France and the United States C. Duties of Judges, Lawmakers and Citizens Belson Moot Court Room Moderator: Margaret Turano St. John’s School of Law Ian Bartrum Drake Law School Voting for Nonpublic Reasons: Conscience and Political Evolution René Reyes Villanova University School of Law The Supreme Court’s Catholic Majority: Doctrine, Discretion, and Judicial Decision-Making Robin Wilson Washington and Lee Law School Privatizing Family Law in the Name of Religion Melissa Yates Rutgers University-Camden Obligations to Raise Good Citizens 3:30 p.m. Reception Solarium, Ground Floor Conference Luncheon generously provided by Moderator Religious Legal Theory Biographies Conference: Religion in Law, Law in Religion Nina J. Crimm Bernard L. Schwartz Senior Fellow St. John’s School of Law Professor of Law. A.B., Washington University; M.B.A., J.D., Tulane University; LL.M. in Taxation, Georgetown University. Professor Crimm began her legal career in Washington, D.C. as law clerk for Judge Irene F. Scott, United States Tax Court; practiced in a Washington, D.C. law firm in the area of federal taxation; worked as Attorney-Advisor/Senior Attorney in the Office of the Chief Judge of the United States Tax Court; and was a member of the full-time faculty of George Washington University School of Government and Business Administration. She became a full-time professor at St. John’s University School of Law in fall 1987. Professor Crimm was a Visiting Professor of Law and Visiting Scholar in Residence at Arizona State University School of Law for several semesters in 2003-2005. She has been an Adjunct Professor of Law at several New York area law schools. Through an international competition, Professor Crimm was awarded the ATAX Research Fellow at the University of New South Wales, a division of the University of New South Wales School of Law, in Sydney, Australia in Summer 2001. Professor Crimm was one of two national recipients for 2002-2003 of a research grant by the prestigious Washington D.C. nonpartisan nonprofit organization, the American Tax Policy Institute. Professor Crimm is the co-author of a book on political speech, houses of worship, and conditional tax subsidies published in 2010 by Oxford University Press. She is the author of Tax Issues of Religious Organizations , published first in 2002 and as a new edition in 2009, by the Bureau of National Affairs as Tax Management Portfolio No. 484. She also is the author of Tax Court Litigation: Practice and Procedure , published in 1992 by Little, Brown and Company. She is the co-editor of West's McKinney's Forms, Tax Practice and Procedure and has written a number of book chapters involving topics of federal taxation. Professor Crimm is "The Quarterly Commentator" for The Exempt Organization Tax Review , timely commenting on various policy and legal matters affecting nonprofit organizations. She is the author of numerous law review and law journal articles focused on her area of expertise — nonprofit organizations, taxation, and domestic and foreign policies relevant to cutting edge issues involving national security, the First Amendment’s Free Speech and Religion Clauses, and healthcare policies and practices, especially as impacting vulnerable population segments. Professor Crimm teaches Nonprofit Organizations, Global Philanthropy and U.S. Assistance, Contemporary Public Policy and the Internal Revenue Code, Basic Personal Income Taxation, Corporate Income Taxation, and U.S. Taxation of International Transactions. Marc O. DeGirolami Assistant Professor of Law St. John’s School of Law Marc O. DeGirolami joined the St. John’s faculty in 2009. He teaches Criminal Law, Professional Responsibility, and Law and Religion. Professor DeGirolami gradated cum laude from Duke University and received his J.D. cum laude from Boston University School of Law. He holds a masters degree from Harvard University as well as an LL.M. and a J.S.D. from Columbia Law School. At Columbia, he was a James Kent Scholar and a Bretzfelder Fellow in Constitutional Law, and he won the Walter Gellhorn Prize awarded for the highest grade-point average in the class. Following law school, he clerked for Judge William E. Smith of the U.S. District Court for the District of Rhode Island and Judge Jerome Farris of the U.S. Court of Appeals for the Ninth Circuit. His professional experience includes service as an Assistant District Attorney in Cambridge, Massachusetts. Prior to joining the St. John’s faculty, he taught legal research and writing as an Associate-in- Law at Columbia Law School, and then served as a Visiting Assistant Professor and Scholar in Residence at Catholic University’s Columbus School of Law. Professor DeGirolami’s scholarship focuses on Law and Religion and Criminal Law. His papers have appeared or will be published in various law journals including Legal Theory, Ohio State Journal of Criminal Law, Boston College Law Review, Alabama Law Review , and St. John's Law Review , among others. Mark L. Movsesian Frederick A. Whitney Professor of Contract Law Director of the Center for Law and Religion St. John’s School of Law Professor Movsesian is the Frederick A. Whitney Professor of Contract Law and the Director of the Center for Law and Religion. He writes in law and religion, contracts and international law; his articles have appeared in the Harvard, North Carolina , and Washington & Lee Law Reviews , the American Journal of International Law, the Harvard International Law Journal, the Virginia Journal of International Law , and many others. He has been a visiting professor at Notre Dame and Cardozo Law Schools and has delivered papers at numerous workshops in the United States and Europe. In addition to Contracts, he teaches Comparative Law & Religion and International Commercial Arbitration. Professor Movsesian graduated summa cum laude from Harvard College and magna cum laude from Harvard Law School. In law school, he was an editor of the Harvard Law Review and a recipient of the Sears Prize, awarded to the two highest-ranking students in the second-year class. He clerked for Justice David H. Souter of the Supreme Court of the United States and served as as an attorney-advisor in the Office of Legal Counsel at the United States Department of the Justice. Before starting at St. John's, he was the Max Schmertz Distinguished Professor of Law at Hofstra University. Brett Scharffs Professor of Law Associate Director, International Center for Law and Religion Studies BYU Brett G.