Legal News: Cameras in the Supreme Court?

Check out this article on the recently re-introduced bill, sponsored by Sen. Arlen Specter (R-PA), to require the Supreme Court to televise its proceedings. Specter has advocated televising the Court's proceedings before, by sponsoring SB 1768 last year to that effect, but his proposal did not reach the Senate floor. Regardless of your attitude toward the Supreme Court, however, the bottom line remains the same-is Specter's legislation (co-sponsored by one other Republican and three Democrats) going to benefit or hinder the Court's deliberative process?

To take a look at this issue, I am going to examine some of the senator's arguments, from his statement in the Congressional Record made upon the bill's re-introduction. The new bill is known as SB 344.

- "With this information, the public would have insight into key issues and be better equipped to understand the impact of and reasons for the Court's decisions."

The problem with this reasoning is that Specter's bill only televises oral arguments, not the justices' conference, discussions with law clerks, or any other internal communications that may contribute to deciding the outcome of a case. Televised coverage of oral argument would allow the public to see only a part of the case, excluding other facets that have as much or greater bearing on the ultimate disposition. In order to put much of what is said at oral argument into context, one could read the briefs that are available on the Court's website, but even this would be an incomplete picture. No one, not even the justices' office staff, are allowed in the room during conference. Ultimately, without delving into the briefs and other documents related to the case, a televised oral argument would lack the context needed to accomplish the bill's purported goals.

- "In a very fundamental sense, televising the Supreme Court has been implicitly recognized--perhaps even sanctioned--in a 1980 decision by the Supreme Court of the United States."

The decision to which Senator Specter is referring is Richmond Newspapers v. Virginia, 448 U.S. 555 (1980), in which the Court, in an opinion written by Chief Justice Warren Burger, upheld the right of the public to attend criminal trials. In the opinion, he cited freedom of the speech and press, as well as the Due Process Clause of the Fourteenth Amendment. However, it is important to note that Richmond dealt with allowing members of the public to attend trials, and criminal trials at that, not with any specific right to televised media coverage (although media coverage, through members of the press, is implicit in the right to attend). Whether the Court would recognize a constitutional right to television coverage of its own proceedings is open to speculation (although I doubt Justice Souter would be writing that opinion-he is quoted as saying that television cameras would enter the chamber "over my dead body").

As the senator noted in his introductory statement, the Court could opt out of television coverage when necessary to protect the Due Process rights of one or more of the parties involved. However, if this bill passes, any such decision by the Court would be subject to strict scrutiny, and must be narrowly tailored to achieve a compelling government interest. See, e.g., Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982).

- "I believe it is vital for the public to see, as well as to hear, the arguments made before the Court and the interplay among the justices."

At this point, the question becomes what television cameras will add to the process that is not already gained by allowing transcripts and audiotapes. Requiring Supreme Court oral arguments to be televised would give Americans a visual component to what had previously been depicted only in drawings and playing back a tape recording on the news that night. One could gain from the large percentage of communication that is purported to be visual, while being able to observe the process of oral argument for what is probably the first time. One of the positive effects would thus be transparency-while oral argument is not the only factor in the justices' decision, it may provide a window into their thoughts on a particular case, and thus make the Court seem more "accessible" to many Americans.

However, like many Supreme Court opinions, we must here employ a balancing test. Televising the Court's oral arguments could potentially demystify the process in the minds of many people, and educate the public about what goes on after the first "Oyez." But introducing television cameras also introduces the weapon of public opinion. Though the Court may not be as susceptible to political pressures as Congress, the justices are nonetheless a product of their time. Who can doubt that this was behind some of the most noteworthy (and in some cases, notorious) Supreme Court rulings in our history? Korematsu was handed down in the wake of Pearl Harbor, with our country teetering on the brink of defeat in the Second World War. A few years earlier, West Coast Hotel v. Parrish was the "switch in time that saved nine," sparing the justices and the nation from FDR's Court-packing plan. And more recently, we have borne witness to an entirely new form of political influence, this time coming from Ottawa, Sydney, and the halls of the European Parliament in Strasbourg. Allowing counsel access to television cameras introduces the possibility that the medium will be used for such invasive means, with ramifications no one can yet grasp.

These are just a few of the arguments for and against televising the proceedings of the Supreme Court. Overall, like the country, the justices are divided on the use of this technology: Justices Scalia and Ginsburg are accepting of the idea, while Justices Thomas and Souter are opposed. My prediction is that the idea will not be adopted, barring a supermajority of justices, perhaps seven or eight, willing to put it into place.

Sources:
Statement on the current bill
Statement on the previous bill
NPPA Article on SB 1768

Music, Books, and Life

An update from Akron, before I return from my Super Bowl weekend at home:

- It's official: I will be attending the Acton Institute conference, "Toward a Free and Virtuous Society," in West Cornwall, Connecticut later this year. As I mentioned in an earlier post, this will be an intensive three-day program where I will gather with other scholars from theology, economics, and other fields to discuss the relationship between social and economic policies, such as assistance to the poor, and our God-given rights, such as freedom of religion. I am excited to be receiving books and other materials related to the conference, which should come in the mail closer to the conference date, and to gain knowledge in these fields I can use later in life. Plus, any time I can add to my bookshelves is a cause for celebration, especially given my limited resources while in school. I will probably post about it when I return.

- The "music" in the title is the soundtrack from the movie "Gettysburg," one of my favorite movies and CD's, the latter of which I finally bought this week at Barnes and Noble. So far, it has been worth every penny: a great score by composer Randy Edelman, to punctuate the historical importance of the great battle. The music from "Gettysburg" is becoming sort of a background for my life in general, since I consider law school a moral, intellectual, and spiritual crossroads, and a pivotal moment, perhaps the pivotal moment, of my life.

- On a lighter note, I was glad to see Tony Dungy and the Colts win the Super Bowl earlier tonight. I knew he and Bears coach Lovie Smith are both Christians, and I was impressed with what he said upon accepting the trophy, talking about the role his faith played in bringing his team to the championship game and coming out on top. Of course, the secular media did their best to try and weed it out of all the quotes (case in point-see the Associated Press article at http://news.yahoo.com/s/ap/20070205/ap_on_sp_fo_ga_su/fbn_super_bowl), but that didn't stop millions of people from hearing what he had to say on TV. I'm glad he mentioned God in his speech, and I'm sure Smith would have done the same thing if he had won.

- So far, my goal for 2007 to lose weight is coming along well. I have been working out in the fitness room in my apartment building regularly, at least since last week, and have been trying to eat better, including more fruits and vegetables. I have decided that the most important reason to lose weight is for myself-not so that someone else will accept me for who I am, because who I am now is the same person I will be after the weight is off. This time, I am doing it for myself-so that I can take better care of the body God has provided me, and so that I will have more energy to live as He has called me to do, and more confidence as I move forward. That being said, I am excited about the results that I have seen so far-I sleep better, have fewer muscle aches and joint pains, and generally more energy to get through the day.

- Tomorrow, we receive the problem for the Moot Court competition in Criminal Procedure, which will be held in Newark, New Jersey next month. So far, all we know is that our team, me and two other students, will produce an appellate brief and argue the case in front of a panel of judges. It sounds the same as our Appellate Advocacy class, only the stakes are much higher, and the topic is one I may have to do a little more research on ahead of time. That being said, I am thankful for the opportunity to explore a new area of law. Evidently, God wants me to go to New Jersey next month, and I resolve to do my best and not let Him down.

Reading: "Washington's God"

My reading selection for January is "Washington's God: Religion, Liberty, and the Father of Our Country" by Michael and Jana Novak, about the religious faith of our most well-known Founding Father. The authors' central thesis is that George Washington, contrary to the popular perception that he was a deist and one of the more secular-minded Founders, was a Bible-believing Christian and sincere Episcopalian throughout his life, as evidenced by both his public proclamations and speeches and the consistency of these with his private words and actions.

In keeping with how I normally write my book reviews, I will run through some thoughts on the book, and its thesis and message.

1) Probably the best thing about this book was the combination of my two favorite subjects: history and theology. To illustrate the intersection between the two fields, Part I of the book, entitled "The Man," went through Washington's life, and the specific trials he faced along the way to becoming our first president. The first section that stood out to me was "The Protection of Providence: Heroism on the Monongahela," detailing Washington's survival as a young officer in the Virginia militia during the French and Indian War.

Although I had read about Washington's experiences in the war while in school, and in other accounts of his life, the authors did a superb job of relating Washington's experiences to that with which he would be faced later in life. For example, as the colonel of the Virginia militia, Washington attacked a French column in the area around the Monongahela valley (today the area around Pittsburgh), killing ten men, including Sieur de Jumonville, a French diplomat. The French later took their revenge, attacking "Fort Necessity," Washington's hastily-erected fortification, and decimating his small force. However, under banner of truce, the French offered to let Washington go if he and his men surrendered, which is surprising, considering they could easily have executed Washington and his men in retaliation for Jumonville's death.

Another example from Washington's experiences on the frontier comes from his later expedition to the area with General Edward Braddock, the British commander. Washington wrote that at least four bullets pierced his coat, two horses were shot out from under him, and one Indian chief later recalled that he had at least "seventeen fair fires" at the young officer, none of which (thankfully) found its mark. One could attribute this to extraordinary good fortune or blind chance, but the authors note that with the accuracy with which the attackers' bullets found their marks that day (Braddock and virtually all other officers on horseback were killed), it appears that God had greater things in store for Washington.

Part II of the book, entitled "The Faith," delves more directly into the tenets of Washington's faith, and shows, at least based on his personal words, actions, and writings, that his beliefs appear to have been incompatible with the "deist" school of thought pervasive in many Enlightenment circles at the time. For example, even though Washington often eschewed any public proclamation of his personal beliefs, the authors point to evidence that this was not unusual for someone of Washington's Anglican faith.

As the authors point out, it is important to put Washington's words and actions into their historical context. The eighteenth century was a time in which a divide was growing between newer evangelical churches (such as Baptists and Methodists) and the more traditional Puritan and Episcopalian churches of New England and many areas of the South, including Virginia. Evangelicals of the time tended toward a "warmer," more emotional view of the Lord, stressing a personal relationship with Jesus Christ as Lord and Savior, and the intense feelings following worship and conversion. On the other hand, as Novak and Novak point out, Washington belonged to the Anglican faith, which tended toward less explicit mentions of Jesus Christ, and one's personal relationship with the Savior, in favor of an increased role of reason, drawing upon a long-standing classical and theological tradition. It is too complex to do justice in a blog post, but I would recommend this section of the book for its background into the complex cultural and religious factors that influenced Washington as a man and national leader.

Overall, the book does a wonderful job of providing a historical background that helps explain why Washington may have been less open about his faith than many today would find necessary or comfortable.

2) Aside from the binding together of the theological and historical connotations of the debate over Washington's God, I was struck by the lessons for Christian living in Part III, entitled "The Fruit." Here, the authors present, through his writings and public prayers and proclamations, the lessons learned from Washington's life and travails as a soldier, statesman, and follower of Christ. These are timeless truths, still as relevant today as they were over two hundred years ago, told from the point of view of a man who had lived, and at times suffered greatly, in his role in history. A Christian at any stage of his or her walk with the Lord, or anyone seeking to know more about Christian life and theology, can benefit from these readings from the father of our country.

One of these that stood out as relevant to my life was the notion that God acts through, not in spite of, our strengths and weaknesses as human beings. Beginning in college, and especially in law school, I have been troubled by the idea that somehow, what I say or do will stand in the way of God's plan for my life. But while reading this book, I remembered that God often works not through miracles, or in contravention of free will, but through it-and that this is a sign of the artistry and intelligence He brings to a universe that is at all times under His control. Of course, it is easy to misread this as a license to fail and decrease one's efforts, but God expects our best, and in return, His plan for our lives will be accomplished. This passage underlined for me the importance of faith. I shouldn't panic in the face of a rejection letter or a grade that was lower than I expected, but instead should rejoice that God is using these apparent shortcomings to augment His glory. This is the most important lesson I face in law school, more so than anything found in a casebook.

The other main point I found relevant to my life at this juncture was Washington's firm belief that God's ways are "inscrutable," beyond human knowledge or interpretation. What I came to realize after reading this is that the inscrutability of God's will is something which I still struggle to accept, even after witnessing and going through events that don't fit into some logical framework. Early in high school, like many people my age, I developed a basic schema for how my life was supposed to turn out. Even though many of my ambitions so far have come to pass, I am just now beginning to see that God "winks" in my direction, and may take me in a direction I never anticipated, something grander, more exciting, and far beyond the limits of my capacity to devise or even imagine.

In the end, it comes back to whether I am willing to surrender my dreams, my ambitions, and my life to accomplish God's purpose for putting me on this earth. I am not so naive as to think that this is a passing phase, and that I will "get over it" and completely overcome my pride by age 30, but I am starting to realize that spiritual growth is an ongoing struggle against the forces of darkness in my own heart. This book served for me as a reminder to continue to work to trust God and place Him first in directing my life.

Overall, I recommend this book for its insights into the contrasts between Christianity and deism, as the authors spend a great deal of time explaining the differences, and why Washington belongs to the former. Also, it is an insightful look into the spiritual lessons and growth encountered throughout Washington's lifetime.

On the Trifecta of Rediscovery

I have rediscovered oatmeal. I used to eat it growing up, especially in elementary school, but only recently have I begun to switch from cereal back to this healthful alternative. It's a lot healthier than a lot of different kinds of cereal, and when you're like me, and are trying to eat better, anything that cuts your calories will help. I have been eating the Quaker instant kind, which is as easy as it gets to make-just pour on some milk and stick it in the microwave for one minute. Obviously, I can't eat it every day, but I have a feeling that eating oatmeal for breakfast several times a week is going to help a great deal with losing weight.

I have also rediscovered the fitness center in my apartment building. Normally I go to RPAC (Ohio State's Recreation and Physical Activity Center) to work out, but the high today was about 17 degrees, meaning I would have frozen to death somewhere on Neil Avenue. So I worked out in the building instead. It was nice-it's just a small room, and there was no one else in there. I could be alone with my thoughts for a while, instead of listening to the din of 100 people jogging and TV's playing afternoon episodes of Oprah or SportsCenter.

To complete the trifecta...I have rediscovered the value of silence. Honestly, how much silence do we have in our lives these days? Not nearly enough. Let me explain.

I first figured this out on my way to work about a week and a half ago. It was about 7:30 in the morning, and I was doing my usual fiddling with the dial at a red light, trying to find a good station. Finally, not being able to find one among the dozen or so I listen to regularly, I turned the radio off. I drove the rest of the way to work in total silence, with nothing but the noise of traffic to disturb this tranquility. It was the most gratifying simple pleasure that I had experienced in a long time, and all I had to do was push a button. I did the same thing on the way home from work that day, not even turning the radio on, except for a few brief minutes to hear the local news.

I have begun to realize that there is a spiritual dimension to this as well. When I turn off the radio, or the TV, or seek out silence when I can get it, it is akin to letting God's presence into my life, in that small way. He is always there, but I was never able to hear Him over country, or talk radio, or whatever it was that was playing in the background. One of the things I have learned in this brief year so far is that sometimes, God speaks in what we think are the dead spots between point A and point B in the car, or the times we are sitting in our apartment without the TV on or a law book in our hands (as rare as those times are nowadays). If you're paying attention, sometimes you can really feel God's presence-it seems to have its own form of quiet reassurance, an unspoken "I'm here" that you feel when you need it the most.

This is why I am going to try and seek out more silence in my life, as a way of working toward my goals in 2007 (a stronger walk with the Lord, and better stress management). The less I have to listen to background noise, the better off I will be.

Pressing Forward

From now on, in keeping with my desire to better learn and internalize Scripture, and apply its principles to my life, I am going to start listing a few verses in these dispatches that are especially relevant to my life at the moment. So, here goes:

"Therefore I say unto you, Take no thought for your life, what ye shall eat, or what ye shall drink; nor yet for your body, what ye shall put on. Is not the life more than meat, and the body than raiment?...Wherefore, if God so clothe the grass of the field, which today is, and tomorrow is cast into the oven, shall he not much more clothe you, O ye of little faith?" (Matthew 6:25, 30 KJV).

"For as he thinketh in his heart, so is he: Eat and drink, saith he to thee; but his heart is not with thee. (emphasis added)" (Proverbs 23:7 KJV)

"And he said, My grace is sufficient for thee: for my strength is made perfect in weakness." (2 Corinthians 12:9 KJV)

Newark, New Jersey

I got some great news this past week-I finished fourth overall in the Herman selection argument, which means I made one of the traveling teams. Being on a traveling team is a great honor, especially for second-year students, so I am excited, and grateful for the opportunity.

The selection argument was pretty tough-we had to argue in front of two professors, one of whom I had this past semester for Appellate Advocacy. I was struck at how the selection argument resembled an actual Supreme Court oral argument-very little time to make your own points, because the judges (or justices, if you're up before SCOTUS) are constantly asking questions. I was very fortunate to have survived this session and advanced to the traveling team-at the beginning of the year, my goal was to compete in Herman, so the fact that I was able to surpass that says volumes about God's providence and love, since I will get to visit New Jersey and New York City for the first time (and that I am proud of my accomplishment).

I will be on the Criminal Procedure team, so that means I will be headed to the Seton Hall School of Law in Newark, New Jersey in March. It's right across the river from New York City, so I will definitely want to do a little sight-seeing if we have time. I'm still not sure how exactly the competition will work-I will have to wait to hear from the Moot Court Governing Board to find out more of the details. I will probably have more about this in a later post, when the competition dates get closer, compete with pictures.

This will be a great opportunity to get experience that will serve me well as a trial lawyer. I imagine that with Criminal Procedure, this will be a chance to get more acquainted with the rules of evidence, with the quickness of trial-making motions, objections, and the like-that will be so important later on, whether I go into litigation, criminal prosecution, or another field.

Praise God for this opportunity.

L'audace, l'audace, toujours l'audace!

This will be the new theme of my search for a job this summer-boldness, boldness, in all things boldness. This was the quote of the Prussian king Frederick the Great in one of his military journals, and this is the approach I need to take to looking for a job in the new year.

Here is where I found the quote: http://answers.google.com/answers/threadview?id=120666

Don't misunderstand me-boldness does not mean pestering potential employers, or going beyond the bounds of civility and decorum expected of members of the legal profession. But it does mean that persistence is what I need to prevail. The repeated phone calls, multiple faxing of resumes and cover letters, and increased networking opportunities is what is going to get me noticed-and this means taking an approach with more initiative and energy than ever before.

Ultimately, this is going to be the first test of my ability to argue persuasively and effectively on behalf of a cause-my own employment. And I need to be able to do the job better than the other dozen or so individuals who are likely gunning for the same job.

But there is one thing that has changed the equation. Two days ago, I felt despondent over my job search-that I wasn't hired after interviewing with several big firms through OCI (on-campus interviewing), and that while I have received at least one job offer, I am still pursuing employment in Akron and Columbus. In the midst of this, I prayed about the situation. I asked God to take over and bless my job search, that I was putting it in His hands where He chose to have me work this summer. And while I still have to work at times to keep a positive attitude, the Lord has responded. I know now that while I have to search vigorously, and leave no stone unturned, that He will lead me where I need to go.

So while I could have been bold all along in seeking out a clerkship for next summer, with each phone call, each job interview, each resume that is sent out, my attitude will be one of boldness in going forward in Him, and, ultimately, approaching His throne for the job that I need to sustain myself this summer. I am no longer being guided by my own feelings of pride, consternation, or uncertainty about the future, but by the feeling that God is going to take care of my needs before they come to pass about four months from now.

Blackstone Deadline Reminder

For my law student friends who are applying for the Blackstone-don't forget, the deadline is January 22. Good luck-it is an amazing experience.

3 Days To Go....

Until the start of the spring semester. And also the national championship game. I have been in Columbus since Tuesday night, buying my books, making daily trips to RPAC to work out, and researching my note in time to hand in the first draft on the 16th. Thoughts on the day:

- The warm weather is absolutely amazing. It got up to 61 here today, and instead of having the usual snow and bitterly cold winds that blow through Columbus this time of year, all we have had is some light rain. It was overcast today, but when it's in the 50's and 60's in January, you can't complain at all. It's nice not having to keep the heat on all the time, too-the less I have to flip the notch on that thermostat, the cheaper my electric bill is at the end of the month.

- Bowling starts up again next Wednesday-our team is going to make the playoffs this semester, I am sure. I have been petitioning our illustrious captain, the Bee Girl, to see if we can coordinate our colors this semester, if not order shirts with our names on them. So far, no definite answer-my vote is for scarlet this week, in honor of the Buckeyes.

Every semester, I tell myself that I am going to practice, and at the same alley we bowl at for our league, but my workload and schedule prevents it. It would be even better if we could get the whole team to go. But in law school, we are all so busy that getting together for league bowling on Wednesdays is enough of a challenge. Plus, open bowling is at least $5.00 a game, and I am always trying to save my money. My goal this semester is no less than a 130 average-I am sure I will get it, come Wednesday. I am going to keep using the 12 pound ball, and with the weightlifting I am doing as a part of my diet, I am hoping to get some more power behind the ball, for more spares and strikes.

- As for RPAC, I have a feeling I am going to get very familiar with that place before the end of this summer. My goal for this year is to lose about 100 pounds (98, to be exact) and I will be spending as much time as I can there this semester. It is amazingly busy right now-I have not even been able to get a treadmill the last two days I have been there, so I have been playing basketball in the gym instead. I started out with just shooting around yesterday, and today I joined in a pickup game with a couple of other guys. I got up and down the floor, but I was clearly a couple of steps behind them-I will need to pick up the pace as the weeks pass by, and I start to take off some of the excess weight that is slowing me down.

My exercise plan involves trying to combine aerobic exercise, such as basketball, with some weightlifting. I started lifting today-nothing that strenuous, just a few arm curls, lifting the dumbbell behind my head to work the triceps, and then a few sets on the bench press. I also got in a little bit of leg lifting and work on the calf muscles, when the machines were open. I will probably hold off on more weights for the rest of the week, since I don't want to be sore when we go bowling Wednesday.

- Also, I will be heading back to New England this summer, to attend the Acton Institute conference in West Cornwall, Connecticut this August. The theme will be "Toward a Free and Virtuous Society." The details still have to be ironed out (such as whether I'll go, since I need to be accepted to receive the travel fellowship), but I am definitely looking forward to going, if it can be arranged. More on that in a later post.

Brian Agonistes

I got the title of this post from my Word a Day emails-"agonistes" means someone who is involved in a struggle, which pretty much describes my life right now, in the midst of the second year of law school.

But first, the Christmas season. I had a pretty good holiday season-got interrupted by some work at school that couldn't wait, but other than that, it was a real blessing to be home with family. We went to church Christmas Eve, as usual, and the service was beautiful. My favorite part comes at the end, where the congregation sings "Silent Night" by candlelight. This, more than anything captured the Christmas season for me-it's not about a break from exams or presents or any of the other distractions of this world, but the birth of Jesus Christ our Lord.

New Year's was fun also-I went to see "Night at the Museum" with my mom and dad (which wasn't a bad movie-I like anything with a history theme and featuring my favorite president, Teddy Roosevelt), then came home and watched the ball drop at midnight. Overall, I had a few days off around New Year's before coming back to Columbus Tuesday night.

So what lies ahead this semester? Writing my note for the Ohio State Law Journal, finding a job for the summer, the Legislation Clinic (where I go work at the Statehouse and see the inner workings of the Ohio General Assembly-more in a later post), and oh yeah, 13 credits' worth of classes and a work-study job. I move forward into 2007 prayerful and with a good attitude-I believe that good days lie ahead, come what may.

Almost Christmas

This is a milestone-my first back to back posts in quite a while.

I heard today that Chicago has decided to allow advertisements for "The Nativity Story" today, nearly three weeks after its December 1 release date. Of course, now that the movie has been out a few weeks, the advertising can't have the same impact in getting people to go see the movie about the birth of Christ, but I guess that's what the people in charge wanted all along.

On a more positive note, a praise....I got word today that I have been selected to compete in my school's Herman moot court competition, where I will be preparing an appellate brief and delivering an oral argument to a panel of judges. I will also be competing for a spot on one of my school's traveling teams. If I get selected, I won't be doing Herman, but I will be traveling to some far-off corner of the country (perhaps New York City or New Orleans) for an interschool competition sometime this coming semester. So I'll have to keep my fingers crossed for one of these four slots, and if I don't get one, I still get to compete in Herman. I am excited about the opportunity-I enjoy doing appellate argument, and any chance I can get to hone my skills will serve me well as a litigator, regardless of the court or type of case I am arguing.

Exams are nearing completion as well-not much further to go. I get to go home tomorrow for Christmas, and I cannot wait. Nothing makes you appreciate your home, and your family, and your hometown, as much as being away at school. I am lucky that I get to go home every couple of weekends throughout the semester, because I am only 2 hours away from Akron when I am in Columbus, but sometimes it feels like 20. Besides getting to see my family, I am looking forward to attending my home church again on Christmas Eve, eating some good food, and not having to listen to High Street serenade me to sleep every night.

No rest for the weary though...after exams are over, it's time to dig into my note, begin preparing for my tryout for the travel team (luckily, we just do the same oral argument from Appellate Advocacy, so I don't need to prepare a new brief), and start getting ready for next semester. As a wise man once said, you can sleep when you're dead, and it looks like I'm taking that to heart.

Legal News: Christmas-Itis?

More on the Chicago Christmas (er, winter solstice) display, as I break from studying for the night. There doesn't seem to be much else to report on, other than the fact that this whole business about banning Christmas symbols has gotten way out of hand.

Just a thought: has anyone advocating the removal of anything and everything remotely "religious" from public property ever stopped to consider the fact that by doing so, they might be undermining their own cause? Consider this reasoning.

One of the reasons commonly cited for purging public property of nativity scenes or any other mention of Christmas is that passersby will conflate their presence with government "endorsement" or "sponsorship" of the ideas or viewpoints being expressed. This is roughly parallel to the recent Supreme Court cases involving courthouse displays of the Ten Commandments. In one of these recent decisions, Van Orden v. Perry, the Court upheld the display of a Ten Commandments monument on the grounds of the Texas state capital building, but not before Justice Stevens noted the risk of "'offend[ing] nonmembers of the faith being advertised as well as adherents who consider the particular advertisement disrespectful.'" (Stevens, J., dissenting), quoting Allegheny County, 492 U.S. at 651 (Stevens, J., concurring in part and dissenting in part). The basic idea is that there has to be "neutrality" between religion and what the members of the Court refer to as "irreligion." If a nonbeliever walks by a Ten Commandments monument or nativity scene outside the courthouse, it is implicit in the "offensiveness" that the government is preferring one point of view over another.

Source: http://www.law.cornell.edu/supct/html/03-1500.ZD.html

The problem comes when you consider the amount of media attention these Establishment Clause cases have received, and the measures that have been taken in granting a remedy to plaintiffs who sue over nativity scenes and displays of the Ten Commandments (which, incidentally, is displayed in frieze at the U.S. Supreme Court). After former Alabama Chief Justice Roy Moore lost his battle to keep the Decalogue displayed in his courthouse, workers came and carted off the 1,500-lb granite monument, in the presence of a large crowd who had gathered outside the courthouse to pray and show their support. Several years ago, after the ACLU challenged the city seal of Stow, Ohio, city officials were forced to use electrical tape to cover up the portions of the city seal deemed to be a violation of the "separation of church and state." Time and again, these stories make national headlines because they are so dramatically out of step with what the vast majority of Americans believe: acknowledging a belief in a higher power is important to our culture and legal system, and consistent with our national heritage.

Does anyone really believe that a nativity scene puts us on the verge of ushering in a theocracy? I think it's worth considering that those who oppose the display of Christmas symbols and traditions (and seek to banish them from public schools) are ultimately doing more harm than good to their cause by bringing this issue to the forefront of the cultural discourse. It's not just that it is making headlines on so many different occasions, but that the manner in which it is being done is so flagrant, and so obnoxious to the beliefs of so many, that the more that cities, towns, school districts, and airports in Seattle give in, the less opponents of public displays of Christmas can plausibly cry foul. How can anyone say we are "establishing religion" when so many concessions are made? And unless they can get help from groups like the Alliance Defense Fund, individuals are going to be less and less willing (and financially able) to stand up to the ACLU and others.

So when it comes to being offended and excluded, the shoe is now being worn on the other foot-yours and mine.

The Two Years' War (So Far)

News from the 2L front:

1) I am glad to report that I will be starting on my note soon for publication in the Ohio State Law Journal. Unfortunately, I can't mention the title or topic, since this post might be read by the editors who will be reviewing it for publication, but I am definitely looking forward to the experience. When I do legal research, I am awed by the sheer amount of published material that is available, and truly humbled by the chance to leave my own mark, albeit a small one, on the body of knowledge that is American law. In a way, it is like having a connection to the Founders, just by participating in the Judeo-Christian legal system that they helped to foster, and by engaging the culture in such a profound way.

2) I am also looking forward to the Herman competition, which is about six weeks away and closing fast. Herman is a moot court competition in which students compete in mock appellate argument before the Supreme Court, so participating would definitely be a great chance to hone my skills, even more so than Appellate Advocacy. We are having a meeting on Wednesday to discuss the particulars, so it will be interesting to see what percentage of the class shows up (I'm guessing either 98% or 99%-I bet lots of people will want in on the action). If I don't get to compete, I may be able to clerk, so we will have to see how that goes.

3) When it comes to sports, two out of three ain't bad, I guess. It looks as though the Bucks will be playing USC for the national championship, barring an upset from UCLA, and as of this post, the Cavs are 9-5, and tied for first place in the Central Division. But right now, it seems as though the Browns don't have anywhere to go but up-I actually turned the game off at halftime last week, because I couldn't take watching Charlie Frye get pounded into the turf anymore without experiencing secondhand joint pain. Hopefully, they can salvage at least an improvement over last year's 4-12 mark, and bump up their record to 5-11 by beating Pittsburgh and Baltimore. It's pretty unlikely, but as I always say, any given Sunday.

4) I will have some more on this later, but apparently it didn't take long for Scrooge (read: people who are allergic to public Christmas displays) to start spreading Christmas cheer (read: subpoenas, lawsuits, and threats and intimidation). See for yourself.

5) Even though I have been busy, I have been able to get in some personal reading. Check out my last post, in which I review Edward Welch's "When People Are Big and God Is Small." There are lots of books in the reading queue, but right now, I am reading "Discplines of a Godly Man" by R. Kent Hughes. After this, I plan to get back to some history, maybe reading "Washington's God" by Michael and Jana Novak, depending on my schedule.

Reading: "When People Are Big and God Is Small"

Edward Welch's "When People Are Big and God Is Small" attempts to get at the root of a problem we all face at one time or another: what do we do when we encounter situations where we fear people more than God? This book caught my eye at the CLS conference, and I decided to read this one first-I am currently reading J. Kent Hughes' "Disciplines of a Godly Man," and hopefully will have a review for that soon.

The first part of Welch's book looks at different manifestations of the same problem-the fear of man. According to Welch, this takes on different names, such as "codependency" and "peer pleasure," but the result is the same-we order our lives around what other people think of us. To get at different aspects of the problem, Part I looks at the fear of being seen (the problems of sin-shame and victimization-shame), the fear of being rejected (where people become an idol that replaces the fear of God), the fear of being physically hurt (situations such as past physical abuse), and the idea that the world encourages the fear of man (through its emphasis on self-esteem and radical individualism). Part II runs through the solutions to this spiritual and emotional problem, such as growing in the fear of the Lord, knowing your real needs, and loving enemies and neighbors. Some thoughts on the book in general:

1) One of the passages that had the most impact on me is the section dealing with the difference between faith and feelings, on page 83. Welch points out that "[t]oo often, if our faith is weak, we don't see it as a serious problem. It is only when our feelings are distressing that we decide to ask others for help and prayer."

Reading this made me realize that perhaps sometimes, we stop too soon in seeking out God. Perhaps we are satisfied only with feeling faithful, instead of actually being faithful. I know that many times, it is easy to get discouraged when I pray and seek out God, only to be missing that "feeling" I get when I experience the presence of the Holy Spirit. I'm not sure how many other believers struggle with this same issue, but it gets to the heart of what Welch is saying-we are using the wrong barometer, the wrong scale, to measure God's presence in our lives. Even though we often experience a feeling of His presence and calm during times of prayer, it is important not to commit the Pavlovian error of salivating for food based on the ringing bell.

The deeper spiritual issue behind confusing faith and feelings is that it really boils down to trusting ourselves, not the promises of the Word, for when God is moving in our lives. The Scriptural principle of "ask and ye shall receive" from John 16:24 has been boiled down to "ask and you have received if you feel like it." Our feelings, like our thoughts, are inevitably tainted by our own sinful nature, and thus cannot be reliable in comparison to Scripture. When we base our perceived spiritual well-being upon them, we do so at our own peril.

2) Of the solutions the author discusses to overcome the codependency problem, I was most struck by his call to "delight in the God who fills us." Of all of the stories in Scripture the author could have chosen to illustrate this point, to show the lengths to which God will go to pursue us in His great love, the story of Hosea stands out as one of the best. God commanded Hosea to marry Gomer, an adulteress. Before and during the marriage, she continued her adulterous ways, eventually leaving the marriage to continue her life of prostitution. But Hosea continued to provide her with provisions, never giving up on his commitment to his bride. Eventually, after a nightmarish life of adultery and abuse, Gomer was sold into slavery. But Hosea remained faithful, purchasing her out of slavery and reaffirming the marriage covenant. It is an amazing story reflecting the love God has for us-how He was willing to purchase us from the dead, even at the cost of his Son, because of His love for us.

What stood out to me here is the simple reminder that God is the only One who can fill our need for love and acceptance. Like Gomer, we will stray, and try and find it in a hundred other places, but eventually we will be in bondage to our wayward passions. Yet God is always there, waiting to buy our freedom from what enslaves us, whether it's a physical addiction or a mental pattern of sin in trying too hard to please other people. It was a real encouragement to read the story of Hosea, and be reminded of the sufficiency of God's love and grace.

Overall...I would recommend this book as a practical guide if you are struggling with any issues of being too dependent on others for love, acceptance, and support. It was easy to read because it ran through a list of specific solutions, depending on the form of the problem you are facing. This is especially relevant for us Christians who are in law school, because of the minefield we face in trying to get ahead without trying too hard to please others at God's expense.

On Being Thankful...For Law School

God truly sustained me with my visit home this weekend. It is the night after Thanksgiving, November 24th, and I am in the middle of a relaxing weekend at home. Some of the little things I have noticed:

1) The beautiful weather this week. It was sunny and 50 degrees on Wednesday for my trip home, and the traffic wasn't nearly as bad as I thought it would be. Last year, heading home the day before Thanksgiving was an ordeal-it took me 4 hours to get home to Akron from Columbus, when it normally takes about an hour and 45 minutes. But compared to last year, the trip went well-no heavy traffic beyond Delaware County, and no bad weather like last year, when I ran into a snowstorm from Mansfield to Akron. Even the bad weather has worked out-the fog this morning drove people away from the stores, making Christmas shopping a lot easier.

2) Getting to go shopping with my brother this morning-our annual tradition. I woke up at 4:30, and we caught the early sales at Best Buy and Wal-Mart, and managed to get to about a half dozen other stores before finishing around 11:00.

3) Spending time with the family, the first significant time in over a month. Last night, we went to the light display at Blossom Music Center, and tonight, to see the windows on Main Street. This was the first Thanksgiving in a few years that the windows were decorated for Christmas, and it was nice to see everything again. Each window has a theme-one is decorated with characters from "The Wizard of Oz," "Peter Pan," and so on. My personal favorite is a display showing the evolution of Santa through the centuries, in different cultures. Where else can you find out about the pioneer Santa in a buckskin coat?

4) Good food-I couldn't take one more night of Pesto or Panera. Thanksgiving dinner was delicious, cooked by my brother and sister-in-law, and there were plenty of leftovers for tonight. I always eat better at home than I do in Columbus, and this weekend was a case in point.

These are the little reasons about why I am so refreshed by coming home, and why it gets harder every week to head back to Columbus.

But of all the manifold blessings in my life right now, I am thankful for the most difficult experience of my life-law school. Here's why:

First of all, the tougher things get, the closer the whole experience brings me to God. Every day I am ignored, and mistreated, and derided for the cause in which I fervently believe, serving God through the legal profession, it brings me a little closer to the Truth. The longer I have remained in Columbus, the bleaker the secular landscape appears, and it is seeing these diversions of money, power, and indulgence for what they are that is giving me the great spiritual awakening that I will need for the years ahead.

It is impossible to describe all of the undercurrents taking place to this effect, but I credit the positive influences in my life (my family, Christian and non-Christian friends who are supportive, other Blackstone Fellows), juxtaposed with the experiences I have had and people I have encountered in law school, for leading me closer to Christ than I ever could have gone in a safer environment, such as going to school while living at home. I lived that life during college, and even though I was challenged in some respects, I was never able to experience the spiritual growth I have while on my own. Somehow, I received just enough success, got thrown just enough scraps from the world's table, that I never needed to stretch myself and realize that God cannot be kept in a box-that there is something more to grab on to.

I wish I could say that this is a finished work, a three-step program under which I could claim that the first step is complete, and that I am ready to move on to the second. But God's work on my heart will never be complete until the day I die, or He calls me home.

Second, I am thankful for law school because the closer I get to God, the more I thirst for righteousness. Even as elusive as this is in my life, even with all my shortcomings, I am seeing more and more that this, not grades, money, power or prestige, is what matters. It is as though all my old idols are being left behind, and what is left is something that captivates, challenges, and dares me to rise above my own imagination. Even though I don't always achieve this in my actions, the desire is there, and I am bound to act on it.

One aspect of my desire of Him is that in law school, now that I don't have the old academic and achievement idols to hide behind, I am coming to realize more and more my own sinfulness and depravity. I compare my sinful nature to the God I serve, and it becomes all the more amazing that I am not left to rot in hell where I belong.

This is still a work a progress, however; as I continue to grow spiritually, I must enthrone God so that He can work on my heart and I can develop godliness in my life. And this is one more reason I am thankful for law school: the more I move toward God, the more I enthrone Him in my life and exercise my free will to let Him lead me where I need to go, the more He can accomplish His plan for my life.

So yes, I am thankful for the trials I have faced since last August, and for the Lord who sustains me with the rising sun each day. "Nay, in all these things we are more than conquerors through him that loved us." -Rom. 8:37 (KJV)

More on the CLS Conference

I just realized, after I published the last post, that I have hit the big 5-0. Not 50 years old, but "Thoughts From Texas" was the 50th post on Standing in the Gap. I am grateful for the opportunity I have had to express my thoughts through this venue, and for anyone who stops by to read what I have to say-thanks for your support.

So now that I have had almost a week to cogitate over my experiences at the conference, here are two things that have come to mind:

1) Probably the biggest realization I have had this week is that I allow other people too much sway over my thoughts, feelings, and generally, how I live my life. I have prayed about this problem before, and recognized it as such during my first year of law school, but it is only in the last few months that I have begun to combat it effectively. Right now, I am reading a book by Edward Welch, entitled "When People Are Big and God Is Small," that discusses this in more detail. But in my situation, the problem is twofold: a) minimizing the power of the Holy Spirit and God's Providence in my life, and b) putting these Godlike expectations on other people, whether or not they are willing to try to meet them.

Admittedly, this gets back to a theme that runs through most of my posts. Law school is an enormous challenge, both physically, in the number of hours spent studying and preparing for class, and spiritually, in that I must do my best to represent Christ to my peers and to others I encounter while I am in Columbus. But there is an antidote to the poison I face from other people, from the weight of the work, from the feelings of isolation that often surface. It is a message I need to meditate on from the time I wake up in the morning, as I sit in class, as I eat my dinner, as I drive to the store, and until I lay my head on the pillow at night.

God is good, and God is strong.

What makes law school so difficult lately is that I don't think about that enough, and it doesn't have the impact on me that it should. I found a site online that talks about the various names of God mentioned in the Bible, and the etymology of the Lord is amazing. So thinking about the names of God, which pertain to His qualities, I need to keep some of these in mind the next time I face trouble:

- My Eyaluth (strength) in the morning, when I go to class and need to remember what I have studied. This is why I said a quick prayer before Evidence on Tuesday, knowing that I would be called on and have to respond (Psa. 22:19).
- My Shaphat (judge) when I wrong someone during the course of my day, and I am convicted of my sin to apologize and repent on my knees (Gen. 18:25).
- My Jehovah-Nissi ("The Lord Our Banner") when I am called to engage the culture on the law school battlefield and defend my beliefs (Ex: 17:15; Psa. 4:6).
- My Jehovah-M'Kaddesh ("The Lord Who Sanctifies") when the Holy Spirit reaches into the dark corners of my heart to sanctify my life and lead me to increase in holiness in conformity with the call of Christ (Lev. 20:8).

Here is the site where I got these, if you want to check it out: http://www.ldolphin.org/Names.html

If God is for us, who can stand against us? One of my ongoing spiritual weaknesses is that while I love God, I minimize the extent of His power in my life. When I get bogged down in the busyness of a typical day, I forget who I work for. It is God I should be trying to please and emulate, not the people around me. So probably the best lesson or realization I had while in Texas is that I need to work on making God bigger and people smaller, and developing a healthier fear of, and respect for, Jehovah-Jireh.

What does this name mean in Hebrew? "The Lord Will Provide."

2) The other spiritual lesson I took away from the conference is that I need to work on developing the various spiritual disciplines to a greater extent. I have a decent prayer life, often taking the time to converse with God during the day, but to develop a regular devotional and worship time. The more regularity I have in my interactions with God, the less opportunity I will have to become discouraged and slip into common patterns of sin. At the conference, I purchased a book by R. Kent Hughes, entitled "Disciplines of a Godly Man," that should speak to this. I am going to read this book, then post later on specific ways I can help develop these disciplines in my life, around the law school schedule.

Thoughts From Texas

As I am writing this, I am sitting in the San Antonio airport, waiting to catch a plane back to Columbus that, unfortunately, won't leave for about two and a half more hours. Luckily, this allows me some time for reflection:

- I have had a great time in San Antonio, coming down for the weekend to attend the Christian Legal Society convention. The theme this year was "Walking the Walk: Following Christ in Law and Life", and featured several great speakers. It was nice to hear from Alan Sears again, since I was very impressed and inspired by his addresses at the Blackstone. We also heard from Jhan Moskowitz, from the organization Jews for Jesus, and Alan Andrews, from Navigators.

Another one of my favorite speakers was Jaime Lash, who spoke on the judgment seat of Christ. In particular, he told a story about a dream in which those who were in heaven were simultaneously weeping and rejoicing, depending upon whether their works in life had withstood the test of fire, the final judgment of one's life by the torch of the Lord. He juxtaposed the pile of gold, silver, and jewels in front of Christ's most faithful servants with the barren circle of earth in front of one who had spent his life building his own kingdom.

This had a real impact on me, and it made me question what I am doing and where I am going in law school. Am I more concerned with service and doing what God wants me to do (storing treasures in heaven) or with building my resume and impressing the person sitting on the opposite side of the interview table (treasures in earth)? When I get back to Columbus, I plan to do some deep self-examination, and take a long look at my priorities and time commitments. Some changes may be in order.

- Praise-I got a work-study job. On Friday, I start working at OCLC, the Online Computer Library Center, in Dublin. I will be working in the Legal Department, doing research, writing, and performing other legal tasks for the attorneys there. My hours this semester will be pretty limited, mostly on Fridays, but I am hoping to get in some more work in the spring, depending on what my schedule looks like. I am excited, since this will get me some more legal experience, and some extra money to help out with spending and groceries.

- We also got to do some sight-seeing while in San Antonio. On Friday afternoon, we walked to the Alamo, about a half-mile from the hotel. It was inspiring for me, as someone who loves history, to walk through the old chapel and see where the fighting occurred. There were also lots of historical artifacts, including the original Bowie knife, and one of David Crockett's law books, which was inscribed with the date-1828. There were also models of a cannon that was used, and the original wall was still standing. It was a sunny day, so the pictures should turn out well-I will post some on here once they are developed.

On the way back from the Alamo, and on Saturday night, we went through the Riverwalk. This is a river that runs through San Antonio, with all sorts of shops and restaurants along the side. There are boat tours you can take to see the city-we didn't have time for a tour, but we got to see everything just the same. The food was great-on Thursday night, we ate at a place called Mexican Manhattan, right along the river, and Saturday night, we went to a restaurant/bar called Rita's Ice House. I ordered the steak fajitas, and they were delicious-the best I have ever tasted. I definitely plan to eat there when I visit again.

I will have some more spiritual reflection in the next post. I have a plane to catch.

On October

October is here, and the wind is blowing a little bit colder each day. The leaves are changing colors, even here on High Street, a brilliant red and gold. And it is the heart of football season.

But this is a tough time right now, going through the onslaught that is the second year of law school. I actually had a moment tonight where I looked at my to-do list for tomorrow, and realized that I literally do not have enough hours in the day, or week, to get everything turned in that is due. I will try to do it, but it will be an awful tme crunch, alleviated only when Friday night comes along.

I don't mean to sound melodramatic in saying all this; I have a good life. But every day, I want to see the Savior in what I do, and it's just so difficult to see much of anything beyond a to-do list and the next deadline. I am just tired of being ground into powder-the endless procession of reading, deadlines, acc-checks, all of it. I am laboring for the Lord, but some days the workload can be crushing.

I just got done reading a book called "The Sacred Romance", by Brent Curtis and John Eldredge. It is an excellent book, and I highly recommend it as a companion to "Wild at Heart", by Eldredge. It talks about the journey of having communion with God and becoming synchronized with His purpose in our lives-this is the Sacred Romance to which the author refers.

Overall, the message has caused me to have mixed feelings about what I am doing with my life right now. On the one hand, the part of me that feels called to participate in the defense of Christianity and traditional values in the culture is gratified that God has chosen me to at least receive the requisite education. I am proud that I have gotten to attend a first-tier law school, watch the Massachusetts constitutional convention, work to His glory this past summer in Cincinnati, and that I will soon get to have another adventure when I travel to San Antonio. There are countless times when I get lonely in my apartment, or discouraged, or feel like I have let God down somehow, when the Holy Spirit shows up just in time to give me the strength to keep going. I think that this is part of the Sacred Romance, that alluring path which I have managed to stay on these past several years.

Yet I also get this nagging feeling that I could do more. This takes two forms: it is either self-doubt, in which case it comes from my own sinful nature or from the Enemy, and should be discarded, or it is God calling me elsewhere. If it is from God, He either wants me to leave law school behind and pursue another calling, or reorder my priorities at Moritz.

I have come to the conclusion that it is a combination of the former and the latter. I have prayed dozens, scores of times for God's guidance on whether to stay here, and each time, the gut feeling is the same: stay. Don't give up.

And here I stay.

Breaking for Fall

So it is Fall Break now, and I am back at home in Akron. Some thoughts on the week:

- Despite my best efforts, I have actually managed to get some work done. I have outlined for my First Amendment class, completed part of my optional acc-check for the law journal (won't have to do one in the spring now), and will send out some more cover letters and resumes while I am in town this week. I have had a chance to do some relaxing this week, and catch up on sleep too-no noise from High Street to keep me awake here.

- It is now official: I have booked my flight for the CLS conference next month (Nov. 2-5). I will be flying roundtrip out of Port Columbus to San Antonio, with a layover in Memphis. I have a good flight schedule; I will actually be able to go to my first class, Evidence, on the morning of the 2nd before I have to go to the airport. And I will get into Columbus on Sunday night, in time to go to class the next day.

I will have more about it in a later post.

A Weekend in the Country

I spent a good bit of this weekend in Licking County, east of Columbus. On Saturday, I went apple picking with some other people from the Christian Grad Student Fellowship at OSU, to a farm nearby. We were supposed to drive right up to the orchard, but the weather did not cooperate. It had rained earlier in the morning, making the paths muddy, and causing lots of cars to get stuck. So we cut our losses, bought some apples by the basket, and went on home.

On Sunday, I got to meet my friend Megan at her church, and afterward, we went out to breakfast and drove around the countryside to check out the foliage. Today was absolutely gorgeous-a perfect, sunny fall day, with a temperature around 60-65 degrees. I got to see quite a bit of the area-we drove as far north as Johnstown, Alexandria, and Sunbury, and as far south as Fairfield County. Not a huge distance, but for taking back roads, it takes a while. But it was worth it-the scenery was wonderful, and I had a good time.

It's going to be a "grindstone" kind of week-our micro draft, or second draft, of the brief is due for Appellate Advocacy on Thursday, and my goal this week is to get as much outlining done as I can going into Fall Break. I don't plan to do a huge amount of work over the break, except for maybe some acc-checking for the law journal, and a few other things.

On another note, both of my teams won this weekend. The #1 Buckeyes of The Ohio State University rolled over the #13 Iowa Hawkeyes 38-17, and the Browns finally got a win too, beating the Raiders 24-21. I was disappointed that I didn't get to witness the victory, though, since the Bengals were on here in Columbus. I will get to watch them next week, though, when they go to Carolina. That will be a tough one-don't expect them to win, but you never know with the Browns. With Ohio State, though, I am glad I will get to go to a game this year-one of my friends is going to sell me a ticket to the Indiana game, so that will be nice.