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Center for Policy Studies
Public Affairs Discussion Group

Religious Speech and Property Rights

B. Jessie Hill, J.D. - Professor of Law and Associate Dean for Faculty Development and Research at the Case Western Reserve University School of Law

Friday January 17, 2014
12:30-1:30 p.m.
Dampeer Room
Kelvin Smith Library
Case Western Reserve University

Dear Colleagues:

Happy 2014! I hope you find some interest in the Spring, 2014 Friday Public Affairs discussions. We've put together almost an entire schedule, but please feel free to suggest possible topics and speakers to

Religious speech is one of the knottiest issues of constitutional law. The government is supposed to neither establish nor prevent the free exercise of religion, and neither to censor nor restrict speech. But what if an individual or group wants to promote their religious views in a forum that in some way could be viewed as sponsored by government?

For many years the Supreme Court’s analyses have focused on whether the case seemed to send a message that people with different beliefs were not part of the community, and whether the opportunity for speech was offered equally. In two recent cases, however, the Court emphasized property rights – in one case those of the owner of a Latin Cross in the Mojave Desert National Reserve, and in another those of a government. In each case the Court allowed what might look to some people like government endorsement of particular religions.

What does this “turn to property” mean both for religious speech issues and for the broader pattern of how the Court thinks about rights? How might it apply in future cases? Does it suggest the Court will use property rhetoric to justify exclusion and inequality in other decisions?

All best regards,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies

About Our Guest

Jessie Hill joined the faculty in 2003 after practicing First Amendment and civil rights law with the firm of Berkman, Gordon, Murray & DeVan in Cleveland. Before entering private practice, Hill worked at the Reproductive Freedom Project of the national ACLU office in New York, litigating challenges to state-law restrictions on reproductive rights. She also served as law clerk to the Honorable Karen Nelson Moore of the United States Court of Appeals for the Sixth Circuit. Hill's teaching focuses on constitutional law, federal civil procedure, civil rights, reproductive rights, and law and religion. Her scholarship has been published in the Michigan Law Review and the Texas Law Review, among others.

Where We Meet

The Friday Public Affairs Lunch convenes each Friday when classes are in session, from 12:30 p.m. to 1:30 p.m. We usually meet in the Dampeer Room of Kelvin Smith Library. The Dampeer Room is on the second floor of the library. If you get off the elevators, turn right, pass the first bank of tables, and turn right again. Occasionally we need to use a different room; that will always be announced in the weekly e-mails.

Parking Possibilities

The most convenient parking is the lot underneath Severance Hall. We regret that it is not free. From that lot there is an elevator up to street level (labeled as for the Thwing Center); it is less than 50 yards from that exit to the library entrance. You can get from the Severance garage to the library without going outside. Near the entry gates - just to the right if you were driving out - there is a door into a corridor. Walk down the corridor and there will be another door. Beyond that door you'll find the entrance to an elevator which goes up to an entrance right inside the doors to Kelvin Smith Library.

Friday Lunch Upcoming Topics and Speakers:

January 24: Are We Doomed? Climate Change and What We Are Really Doing About It. With Jessica F. Green, Assistant Professor of Political Science.

January 31: The Conspiracy Against Obamacare: How Academic Bloggers Influenced the Legal Battle Over the Individual Mandate. With Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Center for Business Law and Regulation.

February 7: America’s Future in Space.
With Michael L. Heil, Ph.D., President and CEO, Ohio Aerospace Institute.

February 14: The Wizard Behind the Curtain: ALEC and State Legislatures in 2014. With Amy Hanauer, Executive Director, Policy Matters Ohio.

February 21: The Profession of Accounting: Where It Came From, Where It Has Been, and Where It's Going.
With Gary Previts, Distinguished University Professor and E. Mandel de Windt Professor of Leadership and Enterprise Development.

February 28: TBA

March 7: Shared Success: Law Enforcement, Faith-Based Organizations, and the Fugitive Safe Surrender Program.
With Daniel Flannery Ph.D., Semi J. and Ruth W. Begun Professor and Director, Begun Center for Violence Prevention Research and Education.

March 14: Spring Break

March 21: What the Jewish Experience Tells Us About Religion in America Today.
With Peter J. Haas, Abba Hillel Silver Professor of Jewish Studies and Chair, Department of Religious Studies.

March 28: Muslims in the United States.
With Justine Howe, Assistant Professor of Religious Studies.

April 4: The “Problem” of Teen Mothers.
With Mary Erdmans, Associate Professor of Sociology.

April 11: Is the Federal Government's Committee on Foreign Investment in the United States Anti-Asian? With Timothy Webster, Assistant Professor of Law and Director, East Asian Legal Studies. ***Alternate Site: Mather House Room 100.***

April 18: Is Cleveland Dying?
With John A. Begala, Executive Director, Center for Community Solutions.

April 25: TBA
January 13, 2014

If you would like to reply, submit items for inclusion, or not receive this weekly e-mail please send a notice to:

Upcoming Events

The Crisis of Journalism and the Conversion of the United States from a Democracy to a Dollarocracy

Robert McChesney, Ph.D., Gutgsell Endowed Professor in the Department of Communication at the University of Illinois, Monday, January 27, 2014, 4:30-5:30 p.m., Wolstein Research Building Auditorium, 2103 Cornell Road, Cleveland, OH, 44106. Free and open to the public. Sponsored by the Baker-Nord Center for the Humanities.

The United States is no longer a "functional democracy," according to Jimmy Carter. The wealthy dominate politics and the rest of the population are sitting in the bleachers for a game at which they're mere spectators. This talk examines the crucial role that the collapse of journalism has played in accelerating and making permanent the state of "Dollarocracy." McChesney also discusses how American history - plus the experience of other democratic nations - suggests there are workable policy solutions to make possible a rich, diverse, uncensored, and competitive free press in the digital era.

Can Globalization Be Governed?

A Global Currents Lecture with Tony Porter, Ph.D., Professor of Political Science and Associate Dean for Graduate Studies and Research, Faculty of Social Sciences, McMaster University, Thursday, February 27, 4:30 - 6:00 p.m., Room 309, Clark Hall, 11130 Bellflower Road, Cleveland, OH 44106.

To advocates like Tom Friedman, "Globalization" is a wonderful and natural process to which people need to adjust. To some critics, it is a dangerous pattern that needs to be resisted through public authority. And to others it is a process that is not natural at all, but encouraged by public policy that serves some interests at the expense of others.

If globalization were governed, how would that work, and in whose interest? Are there, in fact, efforts to govern aspects of globalization, such as international finance or global environmental threats, now? If so, how do or can they work, in the absence of world government? Tony Porter is one of the world's leading scholars of business regulation and global governance, especially financial regulation and processes of hybrid public/private rule-making that cross international borders. Some of his recent research has studied creation of transnational rules produced by business associations and international standard-setting bodies; the Financial Stability Board created to coordinate central banks and national financial regulators in the wake of the financial crisis; and influences on international elites from processes such as OECD peer reviews of “best practices” in national governance. Professor Porter’s newest edited volume, Transnational Financial Regulation after the Crisis (Routledge), includes a chapter by our own Professor Lavelle and will be released shortly before his visit to CWRU.

This program is made possible by the generosity of Ms. Eloise Briskin.

January 2014







































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