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Law Library Events: Law Faculty Colloquium Series: Past Events

Engaging, Inspiring, And Transforming Legal Thought Through Scholarship And Service

 

Whittico - Spring 2019

“For Divers [sic] Good Causes and Considerations”: Deeds of Manumission from the South Chesapeake Bay Littoral

 
The Law Library Faculty Colloquium series is very pleased to welcome on Friday, April 5 at noon Professor Gloria Whittico who will be presenting her work on judicial awards of deeds of manumission in Virginia families.  Using original research on these cases, Professor Whittico will share with us her most recent research efforts, the amazing hand written original documents, and how God is using this work to reveal the disturbing deconstruction but fascinating and hopeful restoration of slave era families in America. View profile >>
 
Friday, April 5 | 12:00-1:00 pm | RH 105

 

Brauch-Lee - Fall 2018

Toward a Christian Perspective on International Law

Professor Hee Eun Lee will offer his views on how Christians can approach international law from a Christian perspective. He is an Associate Dean and Professor at Handong International Law School in South Korea, where he teaches International Economic Law, International Human Rights, Public International Law, and Property. He attended He attended Syracuse University, where he received his J.D. and a M.A. in International Relations. He is also a member of the New York State Bar and the author and editor of numerous publications. View full profile >>

Photo of Associate Dean Hee Eun Lee

Why Getting Human nature Right Matters for Culture, Politics, and Law

Professor Jeffrey Brauch will share themes from his recent book, Flawed Perfection , and discuss how having a right view of human nature is key to addressing the most pressing issues facing our world. View Profile >>

Read and download Professor Brauch's scholarship here >>

Photo of Professor Jeff Brauch
Tuesday, October 16, 2018 | 12:00-1:00 pm | Moot Court Room  

 


Biblical Liability: Textual Analysis and Modern Application

Tuesday, March 20, 2018  |  12:00-1:00pm |  Moot Court Room

 

We will consider and analyze the different levels of liability under OT law and consider the relevance of the biblical liability scheme for contemporary law.

Learn more about Dean Hernandez >

Download scholarship by Dean Hernandez at http://bit.ly/hernandezpublications>


 

PURSUING BIBLICAL LEGAL SCHOLARSHIP WITH THE HEART OF MENS REA AND THE INSANITY OF PSYCHOPATHS

Tuesday, October 31, 2017  |  12:15-1:00pm |  RH 112

 

DOWNLOAD THE PAPER HERE: http://bit.ly/heartofmensrea

Teaching law from a biblical perspective is a challenge and a joy at Regent University School of Law. This colloquium explains how teaching the insanity defense led one professor to a biblical understanding of mens rea—the fundamental doctrine of the criminal law—and how this understanding led to an article, a chapter in a book, and a presentation at a major international congress on law and mental health.

Learn more about Professor Stern >


 

Two Legal Threats to Christian Colleges and Universities—
Loss of Tax Exemption and Loss of Hiring Rights

Tuesday, March 21, 2017  |  12:15-1:15pm | Moot Court Room

Professor Davids will revisit the Bob Jones University case on tax exemption to show its sharp limitations, and will consider how far the religious discrimination exemption can be stretched to accommodate the needs of religious employers.


NATURAL AFFECTION:
Natural Law or Natural Selection, and Does it Matter?

Tuesday, February 28, 2017  |  12:15-1:15pm | Moot Court Room

Professor Hensler will review the history and concept of natural affection in human society with particular attention to the law, and he will discuss the Divine basis for natural affection vs. natural selection basis.

More about Professor Hensler:

 

Bouvier’s Law Dictionary, published in 1856, defined “natural affection” as “[t]he affection which a husband, a father, a brother, or other near relative, naturally feels towards those who are so nearly allied to him . . . .” This natural affection is significant in a variety of legal contexts. It is central to child custody decisions. It sometimes supplies the consideration in contracts and deeds. A related legal concept is the “natural object of testator’s bounty,” who are the near relatives designated to take under the various states’ intestacy laws.

“Natural affection” also is a Christian biblical concept. The Greek word for the natural love of family members for each other, stergeo, never appears in the New Testament, but its negative, astergeo, (without natural affection) occurs twice in the epistles of St. Paul, both times in reference to a corrupt human society worthy of judgment. Moreover, one of the most famous Old Testament narratives centers on the concept of natural affection. When Solomon famously proposed to cut a disputed baby in half, he was able to infer from the different reactions of the contestants which was the mother of the child.  Solomon inferred that the woman who objected to dividing the child loved the child and was the true mother.  Thus, natural affection of mother for child was an assumed premise in Solomon’s chain of inference.[1]

Of course, the acceptance of natural affection is not limited to adherents of the Bible. In speeches of Cicero, natural affection between family members is assumed as the social norm. In 1711 the Earl of Shaftesbury famously wrote of “natural affection and the care and nurture of the offspring” being “natural.”[2]  Per Adam Smith, “Every man feels his own pleasures and his own pains more sensibly than those of other people. . . . After himself, the members of his own family, those who usually live in the same house with him, his parents, his children, his brothers and sisters, are naturally the objects of his warmest affections.”[3] In the twentieth century, Ronald Coase inferred from Smith that affection is necessary to the effective and efficient care of children.

Near the beginning of the 18th century, the prevailing understanding of natural affection came under challenge by the idea that the affection of parent for child really is a form of self-love. The fact of family affection has never seriously been doubted, but the basis for that affection has been called into question. While Smith appears to have accepted that mankind possesses this natural affection because he has been created by God,[4] leading economists of the 20th and 21st centuries are less willing to accept the idea of a harmonious natural law written on the human heart by the Creator. Most economists today would explain such affection in human nature as a result of natural selection. For example, Richard Posner attributes altruism among kin to sociobiology, according to which people favor their own offspring because natural selection has developed that characteristic within the human race to promote survival of the species.[5]


[1] Premise #1: We tend to protect those we love. Evidence: One mother sought to protect the child. Inference: That mother loved the child. Premise #2: A true mother tends to love her child. Conclusion: The true mother is one who loved and protected the child.

[2] Anthony Earl of Shaftesbury, Characteristics of Men, Manners, Opinions, Times, ed. John M. Robertson, in two volumes, vol. 2 (Gloucester, Mass.: Peter Smith, 1963), p. 83.

[3] Adam Smith, The Theory of Moral Sentiments 3 (E.G. West ed. 1969) at 354.

[4] See Jacob Viner, “Adam Smith and Laissez-Faire,” in Adam Smith 1776-1926: Lectures to Commemorate the Sesquicentennial of the Publication of The Wealth of Nations, 121 (1928).

[5] Richard A. Posner, Sex and Reason 189 (1992).  


 

The Constitutional Right that Dare Not Speak Its Name

Professor Duane will review the surprising recent legal developments that have made the exercise of the 5th amendment more valuable than ever before – but also more dangerous and difficult. All students are welcome to attend.

 

 

 

 

More about Professor James Duane:

 

You Have the Right to Remain Innocent

 


   

Ben Madison
 

Ben Madison

Associate Dean of Instructional & Curricular Affairs; Professor

 

Regent University

School of Law


SSRN Page

 

 
   

Natt Gantt
 

Natt Gantt

Professor; Director, Center for Ethical Formation & Legal Education Reform; Director, Academic Success Program; Director, Academic Advising & Counseling

Regent University

School of Law


SSRN Page

 

 

The Role of Legal Education in Student Professional Identity Formation

 

 

Presentation Date:  March 29, 2016

 

Time:  12:15 - 1:15 p.m.

 

Location:  RH 107

Since two landmark reports on legal education in 2007, many law schools have recognized the need to focus on their students' character and professional identity formation, not just their development in cognitive and practical skills.  

In this presentation, Dean Madison and Professor Gantt will discuss their research on how law schools can best enhance their students' professional formation, judgment, and decision-making skills.  Dean Madison and Professor Gantt will also discuss specific techniques law school throughout the country are implementing to promote such student formation."

Access the related materials on SSRN:

http://ssrn.com/abstract=2414015

http://ssrn.com/abstract=2562507

 

 

                                      

 


 


   

Brad Jacob
 

Brad Jacob

Associate Professor

Regent University

School of Law


SSRN Page

 

The Constitution and Same-Sex Marriage

Presentation Date:  November 17, 2015

Time:  12:10 - 12:50 p.m.

Location:  Law Library Balcony

 

American society is in the midst of a cultural upheaval over issues of sexuality, homosexuality, and same-sex marriage. What is a Christian response?

In this discussion, Professor Jacob will will attempt to unpack a biblical approach with regard to: sexual immorality, state policy decisions to redefine marriage, and the Supreme Court’s Obergefell decision –each of which may lead to a different conclusion.

 Visit Professor Jacob's SSRN page.

 

 

 


 

 


   

Lynne Kohm
 

Lynne Marie Kohm

John Brown McCarty Professor of Family Law & Associate Dean of Faculty Development & External Affairs

 

Regent University

School of Law


SSRN Page

 

 
   

Lynne Kohm
 

Kathleen McKee

Associate Professor; Director, LL.M. in American Legal Studies Program; Director, Center for Advocacy; Director, Civil Practice Clinic

 

Regent University

School of Law


SSRN Page

 

 

Examining the Associations Between Sustainable Development Population Policies and Human Trafficking 

23 Michigan State International Law Review 1 (2015).

 

Presentation Date:  January 26, 2016

 

Time:  12:15 - 1:15 p.m.

 

Location:  Law Library Balcony

In this presentation Associate Dean Kohm and Professor McKee suggest that sustainable development policy, promoted by the United Nations, which requires reductions in growth of human populations to promote environmental sustainability and economic development, places women and children at risk. United Nations conferences of the last twenty years have been focused on population, gender, women’s rights, children’s rights, healthcare, and education as “the main issues that framed the debate on the family and ultimately influenced many policy initiatives regarding it.”

Because these population matters tend to place women and families at the center of the debate, they are important actors in the advancement of sustainable development policies to limit human populations. More particularly, as we will argue, population policies inherently place the primary burden for population control on women. A closer examination of these policies reveals that they also tend to place women at greater risk of human trafficking.  We will propose that sustainable development policies present a demanding and perilous environment for women, and that a pervasive international policy of sustainable development can negatively affect already problematic demographics that are showing serious declines in child bearing and in child rearing.

Come to learn about and understand the connections between sustainable development population policies, human trafficking, and the demographic demise of the family.

Access the full article on SSRN

 

                                      


 


 

 



   

Tessa Dysart
 

Tessa L. Dysart

Assistant Professor

Regent University

School of Law


SSRN Page

 

 

The Origination Clause, the Affordable Care Act, and Indirect Constitutional Violations

Cornell Journal of Law and Public Policy, Vol. 24, No. 3, 2015 
 

 

Presentation Date:  October 27, 2015

 

Time:  12:15 - 1:15 p.m.

 

Location:  RH 103

The Supreme Court’s opinion in National Federation of Independent Business v. Sebelius, upholding the constitutionality of the Patient Protection and Affordable Care Act (ACA) as a permissible exercise of Congress’s taxing power rekindled an old question about the constitutionality of the Act: Was the Act unconstitutional under the Origination Clause? The bill that became the ACA, H.R. 3590, originated in the House as the Service Members Home Ownership Tax Act of 2009. It was gutted by the Senate and replaced with the ACA before being passed and sent back to the House for final passage. The Supreme Court has heard very few cases on the Origination Clause, and Origination Clause challenges have met with little success. Most of these cases have developed over the questions of whether the bill is actually a revenue-raising bill that is constitutionally required to be originate in the House, and, if so, whether the Senate amendments were appropriate. But United States Term Limits v. Thornton provides another angle under which to examine the constitutionality of the ACA: an indirect violation of a constitutional prohibition. In this Article, Professor Dysart provides an overview of the ACA’s passage and analyze it through the lenses of traditional Origination Clause arguments and the Term Limits approach. 

Access the full article on SSRN

 

                                      


 

The Unspoken Consequences of Obergefell: Calling Convictional Christian Scholars
 

Offering a critical view of the decision in Obergefell v. Hodges and the marriage debate more generally, this essay considers the philosophical, academic, and spiritual position of the legal scholar of faith in light of the jurisprudence of Obergefell.  The unspoken consequences of this ruling compel state and individual submission to a doctrine that, according to Justice Anthony Kennedy, overthrows millennia of law and culture.  Yet, what should be the response of a man or woman of faith who has published as an advocate of conjugal marriage and who must now teach law students these postmodern principles as legal reality?  

Join Dean Kohm and the law faculty in a discussion of this timely and compelling topic.

 

Access the full article on SSRN.