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2022 Conference of Religiously Affiliated Law Schools: Reflections on Faculty Vocation and Support
Get PDFIn the United States, numerous law schools identify themselves as “religiously affiliated.” There are many opportunities and challenges that come with such affiliation. What “religiously affiliated” may mean for a law school’s faculty is a particularly critical aspect of this question. I was grateful to have been invited to reflect on what religious affiliation might mean for faculty hiring at the “Past, Present, and Future of Religiously Affiliated Law Schools” conference. What follows are reflections that consider not merely that question—important as it is—but also explore what happens after the hiring decision to make the vocation to teach at a religiously affiliated school a happy and, yes, holy one. It will begin by examining what I believe to be the four primary types of religiously affiliated law schools. Then, it will briefly discuss some considerations for the hiring process. It will then explore some of the ways in which religiously affiliated law schools have the opportunity and the obligation to support faculty who seek to live a full vocation to academic life in a religiously affiliated law school. It will conclude with some personal reflections on my three decades living that vocation at a religiously affiliated law school
Is There a Fundamental Right to Privacy When an Educational Institution Requires a Student to Disclose Proof of His or Her Vaccination Status?
Get PDFIn 2020, the coronavirus disease (“COVID-19”) dominated the world. Although the public has progressively become more informed about the disease and how to safeguard itself, challenges persist as there is still much unknown. Aside from wearing masks, social distancing, and despite its undetermined consequences, the COVID-19 vaccination has emerged as a primary solution to substantially reducing the incidence and severity of the virus in our country. Many COVID-19 vaccine mandates were initiated once three pharmaceutical and biotechnology companies including Pfizer-BioNTech, Moderna, and Johnson & Johnson received Emergency Use Authorization from the Food and Drug Administration (“FDA”)
New York’s Professor John R. Nolon: A National Leader in Land Use Law with a Large Impact Across the Hudson Valley and the State of New York
Get PDFAs Professor John R. Nolon steps down from active law teaching, this article reflects not only on his contributions as a national thought leader in the field, but also on how he has a hand in changing the land use and conservation patterns in New York while promoting affordable housing and combating discrimination
Land Use Planning and Development Regulation Law, 5th ed.
No full text“This Hornbook introduces the fundamentals of land use planning and control law. Subjects covered include the planning process, zoning, development permission, subdivision control law, and building and housing codes. Discusses constitutional limitations and the environmental aspects of land use controls. Explores aesthetic regulation, historic preservation, and agricultural land protection.” - Publisher website
The Supreme Court’s Hands-off Approach to Religious Questions in the Era of COVID-19 and Beyond
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Robert Cover’s Call to Teaching and Journey to Judaism
Get PDFAs a teacher, Yale law professor Robert Cover never “dazzled,” “zinged,” nor “entertained”; he just engaged his students on a journey to the real and true that ultimately invited them to become the best version of themselves. As a Jew, Professor Cover wore an oversized skull cap, covered himself in a multicolored prayer shawl, and studied from a huge Talmud. He also, however, made everyone around him feel valued and welcomed and swept them up in a faith Professor Cover saw as wondrous and life-changing. This essay considers what the life of Robert Cover can teach us about what it means to be a teacher, a Jew, and an instrument of love
Robert Cover and Critical Race Theory
Get PDFProfessor Robert Cover is recognized as a leading scholar of law and literature; decades after his untimely passing, his works continue to be widely cited. Because of his interest in narrative, he is credited as a contributor to the development of Critical Race Theory. This essay proposes that in addition to narrative, some of his other, substantive works about race were also important precursors to a more sophisticated appreciation of U.S. race relations. Professor Cover is also entitled to credit for understanding racism as a pervasive system, and one which went beyond Black and White
Justice Accused at 45: Reflections on Robert Cover’s Masterwork
Get PDFWe raise some questions about the timeliness and timelessness of certain themes in Robert Cover’s masterwork, Justice Accused, originally published in 1975. Our concern is how the issues Cover raised when exploring the ways antislavery justices decided fugitive slave cases in the antebellum United States, played out in the United States first when Cover was writing nearly fifty years ago, and then play out in the United States today. The moral-formal dilemma faced by the justices that Cover studied when adjudicating cases arising from the Fugitive Slave Acts of 1793 and 1850 was whether judicial decision-makers should interpret the law in light of the antislavery values of many northern constituencies or instead defer to laws that reflected the moral values of politicians eager to compromise on slavery to preserve a bisectional consensus. The moral-formal dilemma the justices of Cover’s own time faced when adjudicating cases arising out of the Civil Rights Movement and Vietnam War was whether they should interpret the law in light of the liberal moral values of their class, The moral-formal dilemma many contemporary Americans in institutions far remote from courts are facing is whether to follow the letter of the law and retain the basic structure of constitutional law in the United States when doing so threatens to warp the constitutional fabric, undermine the political regime, and risk an environmental catastrophe that could easily leave humans near extinction
Law and Literature in the Work of Robert Cover
Get PDFThis Article argues that although Robert Cover seems to discount the role and the practical efficacy of literary texts within the context of legal interpretation, Cover’s work nevertheless discloses an extensive exploration of literature and of literary interpretation to frame his own legal interpretive practices. This is particularly the case regarding the development of his theory of law’s violence. The Article attempts to show that a close reading of Cover’s interpretation of literary texts in the service of his legal analyses discloses a buried theme pursuant to the violence of law: the threshold concept, between law and not-law, of the state of exception. The Article suggests that this concept is key to understanding Cover’s theory of law’s violence