while the influence of religion on political behavior is widely recognized, (1) theologically-rooted norms, and the elites who hold or are influenced by them, frame and shape American policy choices to an extent that is not appreciated; (2) the country?s increasing religious diversity is affecting our ability to forge consensus or to govern; and (3) disciplinary ?silos? have prevented scholars from developing a sufficiently comprehensive synthesis of existing scholarship to adequately describe the nature and effects of the religious underpinnings of contemporary political polarization. As a result, while lawyers, political scientists and others recognize the more explicitly religious components of America?s current polarization, we fail to appreciate the extent to which conflicting policy preferences are rooted in religiously-shaped normative frameworks. Much like the blind men and the elephant, we encounter different parts of the animal. We see a tree, a wall, a snake?but we fail to apprehend the size, shape and power of the whole elephant.
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Category Archives: Academic Papers
Using Restraints: The Legal Context of High Risk Interventions
The treatment of children by mental health professionals–particularly in an institutional setting–implicates three sets of important, and frequently competing, interests.
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Religious Paradigms and the Rule of Law: Thinking in Red and Blue
While lawyers, political scientists and others recognize the more explicitly religious components of America?s current polarization, we fail to appreciate the extent to which conflicting policy preferences are rooted in religiously-shaped normative frameworks. Much like the blind men and the elephant, we encounter different parts of the animal. We see a tree, a wall, a snake?but we fail to apprehend the size, shape and power of the whole elephant.
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Tilting the Level Playing Field
Normative notions of fairness are shaped by—and reflected in—a nation’s legal system. The idea of equality is a bedrock element of the American legal and political systems; we strive for a meritocracy and affirm the obligation of government to treat similarly situated citizens equally. The ‘level playing field’ is a favorite metaphor.
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Back To School
[W]hile school districts across the nation have spent hundreds of thousands of dollars on safety and safety technologies, there is very little data about the relative effectiveness of these measures. While concern for student safety is certainly warranted, sound public policy should be based upon evidence of the efficacy and cost-effectiveness of these technologies, as well as their congruity with basic constitutional principles.
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