Marc O. DeGirolami
@MarcODeGirolami
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St. John Henry Newman Professor of Law Co-Director, Center for Law and the Human Person The Catholic University of America, Columbus School of Law
Washington, D.C.
Joined August 2011
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Last Seen Profiles
I'm delighted to announce that I am joining
@CathULaw
, as the inaugural St. John Henry Newman Professor of Law. I will miss my colleagues and students
@StJohnsLaw
, where I've been blessed with a wonderful life for 14 years. I am excited for what will come.
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The people who do things like this, and (even worse) the people that are running with this "story", are the very people that are most interested in exacerbating social fracture and mutual animosity.
EXCLUSIVE UNDERCOVER AUDIO:
Sam Alito x John Roberts x The Undercurrent 🧵
1/ Justice Alito admits lack of impartiality with the Left, says: “One side or the other is going to win.”
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Delighted to report that I now have a contract with
@CambridgeUP
for a book on traditionalism in constitutional law.
Tentative title, "We Mean What We Do: The New Constitutional Traditionalism." Look forward to thinking it through with friends.
But now I have to write it.
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It's a great pleasure to welcome Derek Webb to the
@CathULaw
faculty.
Derek is an excellent and already very accomplished scholar of legal history and American political thought. His newest piece is on the history of the concept of judicial restraint.
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We are just delighted to welcome
@jennmascott
to
@CathULaw
. Wonderful person and scholar.
Jennifer Mascott Appointed Associate Professor of Law and Founding Director of the Separation of Powers Institute at Catholic Law
@jennmascott
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This business about academics ostracizing Jewish scholars on that basis is as considerable an outrage as anything I have seen, in a field of work rich and deep with competition for outrageous behavior.
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A lovely surprise. Some excellent former students of mine
@StJohnsLaw
paid their old teacher a kind visit today
@CathULaw
, in between rounds of moot court competition.
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For our final session on John Locke today in Jurisprudence, some of my excellent
@CathULaw
students made pancakes according to Locke's recently discovered recipe. Quite rich, I'm afraid. "Enough and as good" was left for all.
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Fraternal reunion.
Getting the band back together! With my good friend and former colleague
@MarcODeGirolami
at the Round Robin Bar at the Willard Hotel in Washington DC.
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Fascinating looking lecture by my colleague, Professor Joel Alicea, on "The Natural Law Moment in Constitutional Theory" at Harvard tomorrow.
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Gift today, on a subject I’m only just learning about.
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“While some conservative academics have endorsed history and tradition as an interpretive method, history or tradition divorced from the text of the enactment is not originalism.”
@joldmcginn
policing the boundaries!
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Professor Joel Alicea's Vaughan lecture: "The Natural Law Moment in Constitutional Theory." Well worth watching.
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Extraordinary piece on Armenia by
@SohrabAhmari
.
I have never before devoted so many hours of work to a single piece of narrative journalism.
It’s a day-by-day account of the ethnic cleansing of the Armenians of Nagorno-Karabakh, as told by six of its women.
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"St. John Henry Newman, Tradition, and Law"--at the Center for Law & the Human Person
@CathULaw
, Oct. 17-18.
Featuring
@jennymartin314
,
@jennfrey
,
@pojanowski
,
@MorelandMP
, and many others.
@erheakirk
Mark your calendars. Join us.
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It has come to pass because their law teachers have failed.
So many law students at so many elite law schools (Berkeley, Yale, Stanford, Harvard) don’t understand how the first amendment works. I wonder how this has come to pass?
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Professor Dan Mahoney last night speaking about freedom, moral purpose, and self-limitation in Solzhenitsyn. Great talk hosted by the Center for Law and the Human Person. Video soon.
@erheakirk
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It means going to the opera together.
Justice Gorsuch Explains What Collegiality Means. Does it mean going to the opera together, or a willingness to be persuaded?
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"An international, interdisciplinary consortium on the work of Dante Alighieri is in the early stages of development with collaboration from scholars in London, Rome, St. Andrews, and...Notre Dame."
@ND_EthicsCenter
is the ideal. Look at this beauty.
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New reflections by John Finnis on some of the differences between property law and tort law.
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Thanks to
@lsolum
for including me on this list with more deserving folks.
Here's one of my favorites from 2023, by Larry and
@RandyEBarnett
, "Originalism After Dobbs, Bruen, and Kennedy: The Role of History and Tradition."
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Very sorry to hear about the passing of Professor Michael Sugrue. I only saw his teaching online. I can only imagine what the experience must have been like in person. A master. Rest in peace.
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Very neat new paper, "The Ciceronian Origins of American Constitutionalism," by Jack Ferguson (courtesy of
@lsolum
) .
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The "Christian Nationalism" fights are truly fascinating, as the country jostles between one "establishment" and another.
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Deeply saddened by the passing of my former colleague and friend, Professor Elayne Greenberg. She was a deeply fair-minded person, and she reflected the ideal, 'audi alteram partem.' May she rest in peace.
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A new draft of mine, "The Death and New Life of Law and Religion," reflecting on the present moment of transition in the field (forthcoming, Oxford J.L.& Religion).
Thanks to many friends for comments and help in its assembly, especially to
@shbarclay
.
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I should add that the entirety of the statement is quite interesting.
Particularly in light of the fact that this center is the premiere place *in the world* of its kind.
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“Practice-based Constitutional Theories,” a quite excellent piece by Joel Alicea. Again, another new piece concerning social and legal practices, and their role in constitutional law. Much work remains in this area.
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Doing my part to advance this worthy civilizational project. More soon.
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Tremendous chair lecture by
@kevincwalsh
. Themes from Aristotle and Aquinas (and Parmenides!) on action & potentiality in law, with cogent connections to contemporary severability doctrine.
Look out, world, for CUA law. The deep end of the pool beckons. Are you ready to swim?
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"Sub Deo et Lege," a new podcast hosted by
@kevincwalsh
and me, on law and learning under God.
The first episode is now up on Spotify, "in which we explain why we are here." More to come next week. Listen in!
@CathULaw
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Prof. Sam Bray joins
@kevincwalsh
and me on Sub Deo to reflect on the Catholic intellectual tradition's influence on the common law.
This one was a lot of fun.
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An unusual thing in Vullo. No theory, no, originalism, no tradition, not even a general approach to the 1A. A unanimous decision "recogni[zing] that viewpoint discrimination is uniquely harmful to a free and democratic society[,]" supported by some cases.
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Prof. Michael McConnell, next in this series: “every year that goes by, I believe more firmly that the American legal system, and especially our constitutional system, doesn’t make sense unless it is grounded in…serious principles of political theory.”
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Congratulations to my friend,
@shbarclay
, but much more so to Georgetown!
I’m happy to share that I’ll be joining the faculty at
@GeorgetownLaw
as a professor of law with tenure this fall. I’ll also serve as faculty co-director of the Georgetown Center for the Constitution (
@GUConstitution
). My family and I are excited for this next chapter!
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I was delighted to offer some thoughts on the past and future of law and religion
@NDLawRLI
in London on a panel on justifications for and challenges to treating religion as special. With
@mjschwartzman
, Professor Javier Oliva, Professor Helen Hall, and
@ericrassbach
.
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Delighted to welcome
@erheakirk
to her new position as an assistant professor of law
@CathULaw
. We’re very lucky to have her.
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On the incident with Justice Alito. And on godliness and moral disagreement.
(With considerable help from and gratitude to colleagues and friends in thinking it through.)
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Terrific new paper by my colleague, Joel Alicea, and of special interest on Cicero's views in De Republica and De Legibus and their relevance for constitutional theory. (agreed with
@lsolum
)!
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"The Nature of Law"--a notice for a new book by Prof. Daniel Mark on how law obligates out this August, over at Disputatio this morning.
@UNDPress
.
@McCormickProf
.
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All of the late James C. Scott’s “Seeing Like a State” is available to read for free. A brilliant book. Still remember the insight about the coming of last names as a method of bureaucratic organization and control.
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Quite excellent event, and not only for the discussion of tradition's role in constitutional interpretation, but also for how best to think about what severability is really all about. And that was just the technical stuff.
U.S. Supreme Court Justice Amy Coney Barrett Visits Catholic Law
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15 years in and still all of a flutter for the first day of classes. What’s a tort?
@StJohnsLaw
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It is said that there were once great libraries at Alexandria and Caesarea.
Look on my Works, ye mighty, and despair.
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Law students may be curious about the classical legal view of justice.
If you are, may I recommend Sub Deo? Here, we discuss St. Thomas' conception of justice. Next up, on Thomas' rules of legal ethics.
@kevincwalsh
@MarkMovsesian
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"The university cannot be understood as just another platform for saying anything you want. We have a lot of those now. What we don’t have enough of are venues for engaging in teaching and learning in pursuit of knowledge of the truth."
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Stanley Fish takes down "Twelve Angry Men"
"Juror No. Eight has no personality, and his arguments don't proceed from anxieties and hopes he doesn't have...[H]e has nothing inside him except for the capacity for deliberative thought."
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Delighted to see this in print. Traditionalism comes to the YLJ.
In this Essay, which is part of our Religion Clauses Collection,
@MarcODeGirolami
examines traditionalism’s special salience in interpreting the Establishment Clause:
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This piece by Alma Diamond, one of an ongoing series of pieces concerning the virtues and vices of practice-based constitutional theory, is really terrific.
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@Princeton
students, you do not want to miss this class next semester.
@MarkMovsesian
is the best teacher I've ever seen. If law and religion interests you, the course is a must.
@McCormickProf
.
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Jud Campbell: "the nationalist perspective [of Marshall and Wilson]...made space for arguments about inherent powers...[T]his dispute was not merely over constitutional interpretation. It went to the...more fundamental question of the nature of the Union."
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New American Journal of Jurisprudence articles considering Goldberg & Zipursky's "Recognizing Wrongs," including pieces by
@KimFerzan
, Hanoch Dagan & Avihay Dorfman, Linda Radzik, Rachael Walsh, Veronica Rodriguez Blanco, Timothy Borgerson. And me!
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What a disgraceful thing to do.
A group of Berkeley law students accepted an invitation to dine at the private home of dean Erwin Chemerinsky and his wife, a law professor, then disrupted the event and refused to leave. Bizarrely, this student claims her conduct is protected by the 1st Amendment. Activists are
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Excellent reflections on an issue that law and theology share (perhaps uniquely among fields of inquiry).
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End of
@stjohnslaw
1L year festivities, with the annual Clasico against the Dean. Good guys win. Congratulations to my students!!
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Originalists v. Traditionalists. Interesting though Josh may miss in this post that while the categories are distinct, they are overlapping, at least in this case.
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Delighted to welcome Natalie Schmidt to
@CathULaw
, a scholar of election law and administrative law. Here is her new paper on political polarization and the FEC, "Chaney Step Zero." We are very excited that she is joining us.
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Congratulations to my new colleague,
@jennmascott
, whose work on presidential appointment was cited by Justice Thomas in his concurrence in Trump v. U.S.
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Alicea on Arkes. A critical review from the natural law originalist perspective.
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The Christian Scholar's Review has a 6-part series, "The Legal Vocation," with Todd Ream.
First one with
@JohnInazu
, "The Deepest Sources of Our Humanity"
Future episodes: John Witte Jr., Michael McConnell, M. Cathleen Kaveny, David Skeel, and me.
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No need for fancy common carrier theories and the like. Direct suppression is something free speech doctrine can handle just fine.
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My friend, Paul Horwitz, with a magnificent fusillade of questions about traditionalism. Grateful that other, finer, scholars than I have started to write about the subject, too.
@fjimenez_c
@sherifgirgis
@lsolum
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Temple Church, the 12th century part, built by the Knights Templar.
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"When protesters move from trying to persuade to trying to compel compliance with their demands, the correct response is simply to tell them "no" and to take what steps are necessary to restore the proper functioning of the University."
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An interesting feature of the "free speech crisis" at universities is the unhappy conflation of the aims of a university and the aims of a democracy.
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A podcast on classical legal thought and education. With
@JuliaMahoneyUVA
,
@MarkMovsesian
, and Steve Smith. Left this one convinced by Julia! Of interest perhaps to some here—e.g.
@Caseyco231
and
@michaelpforan
, who get shout outs.
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Poor law professors. What will they do now? Perhaps they should choose different work.
It is just very hard to write about law/con law without taking the Court somewhat seriously. How to write law review articles or teach first-year classes? I guess that one way to be over something is to ignore it rather than obsess about it. But what else to study? /3
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The big shift in the idea of law happens tomorrow in Juris. Bracing for impact.
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Wow. Lawless and revolting.
All of the American Flags outside of Union Station have now been taken down and burned by Hamas Supporters, after U.S. Park Police were forced to Retreat. The Flags have been Replaced with Palestinian Flags.
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Real treat to host
@sherifgirgis
at our Freedom of Speech and Freedom of Inquiry seminar
@Princeton
today, discussing the subject of compelled speech and 303 Creative!
@MadisonProgram
@McCormickProf
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Does anybody in my line of work have any opinions about free speech and academic freedom? Not sure I've heard enough from you.
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Very grateful to
@lsolum
for his kind notice and recommendation of my new essay, "Establishment as Tradition." One thing the paper does is to try to understand "establishment of religion" within the larger concept of political establishment.
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On freedom. The theme for our many programs at the Center for Law and the Human person this spring
@CathULaw
.
@erheakirk
Check it out, and join us!
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Deeply sorry to hear of the passing of Professor Steven Shiffrin. A good man and a friend.
Rest in peace.
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Messi coming to the US at this point in his career is a major moment for soccer in this country.
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Notate bene, future speakers. We at the Center for Law & the Human Person reward your insight not only with collegial inquiry, but also with more tangible gifts of the palate.
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On Professor Gerard Bradley's view of the necessity of moral reasoning in (originalist) adjudication.
A new Sub Deo podcast with
@kevincwalsh
.
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Sub Deo VII: In which Justice Scalia's advice to Christian law professors is considered, as is a sampling of
@kevincwalsh
's musical talents.
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Great news for our center.
Exciting news to share! In recognition of a transformative multimillion-dollar gift,
@CtrLawReligion
has been named for Denise '90 and Michael '91 Mattone. Read all about it here:
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Fascinating historical episode recounted by Prof. Greg Conti in the use of internal and external influence to change universities (with a scrambling of the usual politics).
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