Sunday, August 6, 2023
NY Times Op-Ed: Losing Our Religion — An Altar Call For Evangelical America
New York Times Op-Ed: The State of Evangelical America, by Tish Harrison Warren (Priest, Anglican Church; Author, Prayer in the Night: For Those Who Work or Watch or Weep (2021) (Christianity Today's 2022 Book of the Year)):
There are few evangelical Christians who have gotten as much media coverage or criticism in the last decade as Russell Moore. He previously served as the president of the Ethics and Religious Liberty Commission, the policy wing of the Southern Baptist Convention, and became a prominent evangelical voice opposing a Trump presidency. Moore is currently the editor in chief of Christianity Today, which The Times’s Jane Coaston called “arguably the most influential Christian publication” in the United States. I asked Moore if he would speak to me about the evangelical movement and his new book, Losing Our Religion: An Altar Call for Evangelical America. This interview has been edited and condensed.
Tish Harrison Warren: The subtitle of your newest book is “An Altar Call for Evangelical America.” What do you mean by “evangelical America”?
Russell Moore: What I mean by “evangelical” is people who believe in the personal aspect of what it means to be a follower of Christ. That includes the way that we understand the Bible, the way that we understand the need to be born again.
In your book, you tell a story about how an evangelical person said to their pastor: “We’ve tried to turn the other cheek. It doesn’t work. We have to fight now.” Why do certain evangelicals feel so embattled now?
August 6, 2023 in Book Club, Faith, Legal Education | Permalink
Sunday, July 2, 2023
The Bible Does Everything Critical Theory Does, But Better
Christianity Today, The Bible Does Everything Critical Theory Does, but Better:
Many people become suspicious at the mention of critical theory, especially as it applies to controversial matters of race, gender, law, and public policy. Some see the ideologies traveling under that banner as abstruse frameworks only minimally related to real-world affairs. Others see critical theory as a ruse meant to confer unearned scholarly legitimacy on highly debatable political and cultural opinions.
Christopher Watkin, an Australian scholar on religion and philosophy, wants to reorient discussions of critical theory around Scripture’s grand narrative of redemption. In Biblical Critical Theory: How the Bible’s Unfolding Story Makes Sense of Modern Life and Culture, he shows how God’s Word furnishes the tools for a better, more compelling critical theory—one that harmonizes the fragmentary truths advanced by its secular alternatives. Mark Talbot, professor of philosophy at Wheaton College, spoke with Watkin about his book. ...
You mention critical race theory, which has become a flash point for some Christians and a big reason why critical theory has a bad name among them. Where do we tend to go wrong in our attitudes toward critical theory?
Critical theory does have a particularly bad name among certain groups of Christians. It also has an unusually good name among others. Both responses are problematic because Christians should not expect worldly ideology to represent either a perfect ideal for the church or the Devil incarnate.
July 2, 2023 in Book Club, Faith, Legal Education | Permalink
Sunday, June 18, 2023
NY Times Op-Ed: My Church Was Part Of The Slave Trade. This Has Not Shaken My Faith.
New York Times Op-Ed: My Church Was Part of the Slave Trade. This Has Not Shaken My Faith., by Rachel L. Swarns (Author, The 272: The Families Who Were Enslaved and Sold to Build the American Catholic Church (2023)):
For more than a century, Catholic priests in Maryland held Black people in bondage. They were among the largest slaveholders in the state, and they prayed for the souls of the people they held captive even as they enslaved and sold their bodies.
So after the Civil War, the emancipated Black families that had been torn apart in sales organized by the clergymen were confronted with a choice: Should they remain in the church that had betrayed them?
Over the past seven years, I’ve pieced together the harrowing origin story of the American Catholic Church, which relied on slave labor and slave sales to sustain itself and to help finance its expansion. I am a professor and a journalist who writes about slavery and its legacies. I am also a Black woman and a practicing Catholic. As I’ve considered the choices those families faced in 1864, I have found myself pondering my faith and my church and my own place in it.
I stumbled across this story in 2016 when I got a tip about the prominent Jesuit priests who sold 272 people to raise money to save the college we now know as Georgetown University, the nation’s first Catholic institution of higher learning. Witnesses described the terrors of enslavement: children torn from their parents, brothers from their sisters and desperate people forced to board slave ships that sailed to Louisiana. It was one of the largest documented slave sales of the time, and it shattered entire families. ...
Catholic priests, who relied on slavery, did more than save Georgetown. They built the nation’s first Catholic college, the first archdiocese and the first Catholic cathedral and helped establish two of the earliest Catholic monasteries. Even the clergymen who established the first Catholic seminary relied on enslaved laborers. The inherent contradictions of praying for the souls of people held in captivity left few in leadership troubled. ... Most powerful leaders of the church supported slavery until the Union victory in the Civil War made its demise a foregone conclusion.
June 18, 2023 in Book Club, Faith, Legal Education | Permalink
Monday, May 29, 2023
Brooks Reviews Cui's Administrative Foundations Of The Chinese Fiscal State
Kim Brooks (Dalhousie University, Schulich School of Law; Google Scholar), Where Tax Law Canno Be Found, You Will Find a Robustly-Tasked Tax Administrator (JOTWELL) (reviewing Wei Cui (British Columbia; Google Scholar), The Administrative Foundations of the Chinese Fiscal State (Cambridge University Press (2022) (reviewed by David Elkins (Netanya; Google Scholar) here)):
The hard work that went into authoring The Administrative Foundations of the Chinese Fiscal State is palpable from the first page. Cui seeks to achieve two aims: (1) to tease out aspects of Chinese taxation of general interest to policy makers and social scientists in other countries (P. 3) and (2) to offer a new framework for understanding the policies and politics of taxation in China (P. 4). Both aims are accomplished handily.
Particularly fun for those of us who like tax administration, Cui claims that ground-level tax administration is essential to understanding the Chinese tax system. Focusing on tax administration, tax collection and revenue mobilization, allows Cui to show us something new about our own tax systems. He offers us the opportunity to see more clearly our own paradigmatic orientation: one that centres the importance of rule of law.
May 29, 2023 in Book Club, Scholarship, Tax, Tax Daily, Tax Scholarship | Permalink
Sunday, May 28, 2023
More On The Life, Death, And Legacy Of Tim Keller
Following up on last Sunday's post, The Life, Death, And Legacy Of Tim Keller:
New York Times Op-Ed: Tim Keller Taught Me About Joy, by David Brooks:
American evangelicalism suffers from an intellectual inferiority complex that sometimes turns into straight anti-intellectualism. But Tim could draw on a vast array of intellectual sources to argue for the existence of God, to draw piercing psychological insights from the troubling parts of Scripture or to help people through moments of suffering. His voice was warm, his observations crystal clear. We all tried to act cool around Tim, but we knew we had a giant in our midst. ...
On the cross, Tim wrote, Jesus was “putting himself into our lives — our misery, our mortality, so we could be brought into his life, his joy and immortality.” He enjoyed repeating the saying “Cheer up! You’re a worse sinner than you ever dared imagine and you’re more loved than you ever dared hope.” ...
His focus was not on politics but on “our own disordered hearts, wracked by inordinate desires for things that control us, that lead us to feel superior and exclude those without them, that fail to satisfy us even when we get them.” ...
He offered a radically different way. He pointed people to Jesus, and through Jesus’ example to a life of self-sacrificial service. That may seem unrealistic; doesn’t the world run on self-interest? But Tim and his wife, Kathy, wrote a wonderful book, “The Meaning of Marriage,” which in effect argued that self-sacrificial love is actually the only practical way to get what you really hunger for.
Wall Street Journal Op-Ed: The Many Paradoxes of Timothy J. Keller, by Kate Bachelder Odell:
Ask anyone to name a story from the Bible, and you’ll likely get the answer David and Goliath. Most Americans know it as a tale about facing your fears, steeling yourself and prevailing against long odds. “I’m here to say that’s a shallow understanding, even a deceptive understanding, of how to read the text,” Tim Keller, minister of Redeemer Presbyterian Church in Manhattan, told his congregation one Sunday morning in 2015.
Keller, who died May 19 at age 72, then indicted what he called “counterfeit courage”—the modern idea that the way to overcome fear is to “visualize success.” Stoicism works only in “short-term bursts, mainly on adrenaline,” and most “of the acts of courage we most admire don’t come from self-assertion and self-confidence.”
May 28, 2023 in Book Club, Faith, Legal Education | Permalink
Sunday, May 21, 2023
WSJ Book Review: Martin Luther King, Christian Radical
Wall Street Journal, Martin Luther King, Christian Radical, by Jonathan Eig (Author, King: A Life (2023)):
Today, almost 1,000 cities and towns in the U.S. have streets named in honor of Martin Luther King Jr., and more than 100 public schools bear his name. In Washington, D.C., a 30-foot-tall MLK memorial stands within sight of the Lincoln and Jefferson memorials. And each year, in January, we celebrate Dr. King’s birthday as a national holiday.
But in hallowing King we have hollowed out his legacy. We remember his dream of unity and justice without deeper consideration of the radical Christianity upon which that dream was built. King’s Christianity presents a challenge to liberals, who are often uncomfortable with religion in the public square, as well as to conservatives, who are more likely to embrace religion in politics but don’t align themselves with the implications of many of King’s core beliefs.
The popular version of King’s life story holds that he grew more radical in his later years—more like Malcolm X, more antagonistic to the American government in general and to materialism and militarism in particular. But that’s an oversimplification that leads us to downplay his most challenging ideas.
King adhered to the same Christian beliefs all of his adult life, views shaped by his upbringing in the Black Baptist church and the violently racist American South. If many Americans failed to notice King’s early radicalism, it was probably because they didn’t wish to see it, or were distracted by his readiness to engage respectfully with political opponents, or because his battle against Southern segregationists presented, to many observers, a clear-cut struggle between good and evil.
May 21, 2023 in Book Club, Faith, Legal Education | Permalink
Thursday, May 4, 2023
Bernie Sanders Calls For 100% Billionaire Tax Rate: ’People Can Make It On $999 Million'
Longtime wealth tax advocate Sen. Bernie Sanders has argued that all earnings above $1 billion in the U.S. should be confiscated by the government.
In an interview with HBO Max’s Who’s Talking to Chris Wallace, the Vermont senator was questioned about his long-standing view that billionaires should not exist.
“Are you basically saying that once you get to $999 million, the government should confiscate all the rest?” he was asked—to which Sanders responded: “Yeah.”
“You may disagree with me, but I think people can make it on $999 million,” Sanders added. “I think that they can survive just fine.”
Earlier this year, Sanders published It’s OK to Be Angry About Capitalism. During Friday’s show, he responded to questions on whether billionaires could actually boost the economy by creating employment.
Sunday, April 30, 2023
The Entangled Histories Of Science And Religion
Christianity Today Book Review: Conflict Between Science and Religion Is Always Possible but Never Inevitable, by Edward J. Larson (Pepperdine; Pulitizer-Prize Winning Author, Summer for the Gods: The Scopes Trial and America's Continuing Debate Over Science and Religion (Basic Books 2006)) (reviewing Nicholas Spencer, Magisteria: The Entangled Histories of Science & Religion (Oneworld Publications 2023)):
Nicholas Spencer’s latest book, Magisteria: The Entangled Histories of Science and Religion, opens and closes with references to Stephen Jay Gould’s depiction of science and religion as nonoverlapping magisteria, or “NOMA.” By this, he meant that science is about the natural, religion the supernatural, and never the twain should meet. Each is magisterial, or authoritative, in its own domain—but not beyond it.
Gould, a popular science writer and avowed secularist, advanced this concept in 1997, at the height of America’s latest public dustup over teaching so-called creation science and intelligent design. He thought NOMA could defuse the controversy while removing religion from science education.
Neither side wholly bought NOMA then. On the one hand, proponents of secular scientism like Richard Dawkins, who want science enthroned as the arbiter of all truth in the modern mind, rejected the notion that religion is magisterial anywhere. On the other hand, theists such as the noted geneticist Francis Collins denied that religion was cordoned off from the natural world—otherwise, why would believers pray for physical (or even mental or emotional) health?
Nor does Spencer, a senior fellow at London’s Theos think tank, buy NOMA now. In Magisteria, he argues from history that science and religion are (and have always been) deeply entangled. This is nothing new. Spencer begins his book by noting that, since the 1980s, historians have uncovered a complex relationship between science and religion, and he names ten leading scholars in this enterprise. (Full disclosure: I’m listed as number six.) Spencer draws on this body of scholarship to compile a narrative history of science and religion since ancient times. His story mainly covers the Christian West but also touches on the Islamic world and the Asian context.
April 30, 2023 in Book Club, Faith, Legal Education | Permalink
Sunday, April 2, 2023
Lent: The Season Of Repentance And Renewal
Christianity Today Op-Ed: I Met God on the Mountaintop of Ritual, by Esau McCaulley (Wheaton; Author, Lent: The Season of Repentance and Renewal (2022)):
AAs someone who came from outside the liturgical expressions of Christianity, I had a certain suspicion of the whole enterprise. I thought the liturgical tradition, with its vestments, rituals, rules, and customs, was the very thing Jesus had come to destroy. I intuited that what God wanted was a broken and contrite heart. He owned the cattle on a thousand hills; he didn’t need our formalized prayers and spiritual sacrifices. ...
The liturgical life seemed, from the outside, to stifle the Spirit. ... Jesus wanted prayers from my heart that revealed my own wrestling with God, not the repeated words of those long dead. God was, of course, on the side of the informalists and against the formalists. In the language that became omnipresent during my college years, it wasn’t about religion but relationship. Religion was shorthand for any ritual activity I was uncomfortable with.
April 2, 2023 in Book Club, Faith, Legal Education | Permalink
Monday, March 27, 2023
Teo Presents The United Nations In Global Tax Coordination Today At British Columbia
Nikki J. Teo (University of Sydney) presents A False Start in International Tax Coordination: The Ghost of the UN’s Past today at Allard School of Law, University of British Columbia hosted by Wei Cui (email here to attend virtually over Zoom at 6:30 PM ET):
This talk unveils the missing history of the UN’s first attempt at international tax coordination through its Fiscal Commission (1946–1954). It dispels the prevailing myths surrounding the work of that body and reveals the heated struggles by developing countries and the UN Secretariat to negotiate and formulate more equitable international tax principles for application between developed and developing countries. This vital saga sheds light on the role of politics in shaping the international tax regime and offers insights into pressing debates about inclusiveness and multilateralism in international tax norm-setting.
The United Nations in Global Tax Coordination: Hidden History and Politics (Cambridge University Press March 2023):
The United Nations in Global Tax Coordination fills the decade-long knowledge gap in international tax history concerning the UN Fiscal Commission, which functioned as the overarching fiscal authority during the early post-World War II economic order. With insights from political economy and international relations scholarship, this critical archival examination chronicles the tenacious activism by post-colonial developing countries to preserve source taxation rights, and by the UN Secretariat in championing the development of equitable tax rules. Such activism would ultimately lead developed countries to oust the UN as a forum for international tax norm setting.
March 27, 2023 in Book Club, Colloquia, Scholarship, Tax, Tax Scholarship | Permalink
Tuesday, February 7, 2023
Brooklyn Hosts A Book Talk And Discussion Today On For-Profit Philanthropy
Brooklyn hosts a hybrid Book Talk and Discussion with Dana Brakman Reiser (Brooklyn; Google Scholar) and Steven A. Dean (Brooklyn), featuring Anne-Marie Slaughter (CEO, New America; Professor Emerita, Princeton University) on For-Profit Philanthropy: Elite Power & the Threat of Limited Liability Companies, Donor-Advised Funds, & Strategic Corporate Giving (Oxford University Press 2023) today at 6:00 PM ET:
Please join Professors Dana Brakman Reiser and Steven A. Dean for a discussion of their new book For-Profit Philanthropy (Oxford University Press, Jan. 3, 2023).
In For-Profit Philanthropy, the authors reveal that philanthropy law has long operated as strategic compromise, binding ordinary Americans and elites together in a common purpose. At its center stands the private foundation. Prophylactic restrictions separate foundations from their funders' business and political interests. And foundations must disclose more about the sources and uses of their assets than any other business or charity. The philanthropic innovations increasingly espoused by America's most privileged individuals and powerful companies prioritize donor autonomy and privacy, casting aside the foundation and the tools it provides elites to demonstrate their good faith. By threatening to displace impactful charity with hollow virtue signaling, these actions also jeopardize the public's faith in the generosity of those at the top.
February 7, 2023 in Book Club, Books, Conferences, Legal Education, Scholarship, Tax, Tax Scholarship | Permalink
Sunday, January 22, 2023
David French: How A Great American Victory Altered American Faith
David French (The Dispatch), How a Great American Victory Altered American Faith:
Last week I read a tweet that led me to a book I’m now devouring at record speed. The tweet was from my friend Skye Jethani, and it referred to a potential link between the end of the Cold War and the rise of America’s religious nones. I’ve been thinking about the continuing influence of the Cold War on American life for a very long time. Our nation spent generations defined by the struggle against Soviet communism, and that struggle (along with its rather abrupt end) was bound to have profound effects on our national life.
The book is called Nonverts: The Making of Ex-Christian America, by a British sociologist named Stephen Bullivant. It’s not just an important book, it’s the best-written and most readable work of religious sociology that I’ve read in a very long time.
At the risk of over-simplification, Bullivant’s book attempts to explain the ... remarkable rise of religious “nones” in the United States:
Source: Grid, A Mass Exodus From Christianity Is Underway in America. Here’s Why.
... In the chart above, a distinct data point stands out—the sharp rise of young “nones” begins in the early 1990s. Why? That’s when the Cold War ended, and Bullivant argues convincingly that the end of the Cold War marked the beginning of a new era of American religion.
January 22, 2023 in Book Club, Faith, Legal Education | Permalink
Seasons of Sorrow: The Pain Of Loss And The Comfort Of God
Tim Challies, Seasons of Sorrow: The Pain of Loss and the Comfort of God (2022):
On November 3, 2020, Tim and Aileen Challies received the shocking news that their son Nick had died. A twenty-year-old student at The Southern Baptist Theological Seminary in Louisville, Kentucky, he had been participating in a school activity with his fiancée, sister, and friends, when he fell unconscious and collapsed to the ground.
Neither students nor a passing doctor nor paramedics were able to revive him. His parents received the news at their home in Toronto and immediately departed for Louisville to be together as a family. While on the plane, Tim, an author and blogger, began to process his loss through writing. In Seasons of Sorrow, Tim shares real-time reflections from the first year of grief—through the seasons from fall to summer—introducing readers to what he describes as the “ministry of sorrow.”
Seasons of Sorrow will benefit both those that are working through sorrow or those comforting others:
- See how God is sovereign over loss and that he is good in loss
- Discover how you can pass through times of grief while keeping your faith
- Learn how biblical doctrine can work itself out even in life’s most difficult situations
- Understand how it is possible to love God more after loss than you loved him before
Matt McCullough (Christianity Today; Author, Remember Death: The Surprising Path to Living Hope), ‘I Will Grieve but not Grumble, Mourn but not Murmur, Weep but not Whine’: What Tim Challies Resolved in the Wake of His Son’s Sudden Death:
January 22, 2023 in Book Club, Faith, Legal Education | Permalink
Saturday, January 21, 2023
American Inheritance: Liberty And Slavery In The Birth Of A Nation
New York Times Book Review: Can the Country Come to Terms With Its Original Sin?, by Jon Meacham (Vanderbilt) (reviewing Edward J. Larson (Pepperdine)), American Inheritance: Liberty and Slavery in the Birth of a Nation, 1765-1795 (2023):
In Edward J. Larson’s “American Inheritance,” the Pulitzer-winning historian attempts to insert reason into a passionate public conversation.
Our own age has been hard on both reason and history. Too often the past has been deployed to fight the ideological wars of the moment, a tendency that reduces history to ammunition. And so Edward J. Larson’s “American Inheritance” is a welcome addition to a public conversation, in the wake of The New York Times’s 1619 Project, that has largely produced more heat than light.
“The role of liberty and slavery in the American Revolution is a partisan minefield,” Larson writes. “Drawing on a popular narrative presenting the expansion of liberty as a driving force in American history, some on the right dismiss the role of slavery in the founding of the Republic. Appealing to a progressive narrative of economic self-interest, and racial and gender bias in American history, some on the left see the defense of state-sanctioned slavery as a cause of the Revolution and an effect of the Constitution.” Larson, a prolific historian whose “Summer for the Gods” won a Pulitzer Prize in 1998, writes that this polarity “has opened the way for rigorous historical scholarship” in the tradition of Edmund Morgan and Benjamin Quarles.
“American Inheritance,” then, comes to us as an effort to step into the blood-strewn chaos of the present to calm the madness of a public stage where passion has trumped reason. As Larson argues, liberty, slavery and racism — an essential element of slavery — have always been entwined. “One way or another,” he writes, “the American Revolution resulted in the first great emancipation of enslaved Blacks in the New World.”
Yet to deny that a liberty-seeking people largely denied freedom and equality to the enslaved is to deny a self-evident truth. Mindless celebration of the American past is just that — mindless. But so is reflexive condemnation. The messy, difficult, unavoidable truth of the American story is that it is fundamentally a human one. Imperfect, selfish, greedy, cruel — and sometimes noble. One might wish the nation’s story were simple. But that wish is in vain.
A key lesson from Larson’s narrative is that ages past were not benighted by a lack of knowledge of the immorality of race-based slavery. To me, Larson’s unemotional account of the Republic’s beginnings confirms a tragic truth: that influential white Americans knew — and understood — that slavery was wrong and liberty was precious, but chose not to act according to that knowledge and that understanding. ...
Wall Street Journal Book Review: ‘American Inheritance’ Review: How Bondage Shadowed Freedom, by Harold Holzer (Hunter College):
Mr. Larson, a Pepperdine University historian who won the Pulitzer Prize for a book on the 1925 Scopes trial, submits enough evidence in his newest work to indict almost all the Southern (and some Northern) Founders for, if nothing else, insensitivity to the human beings they held in chains while rebelling against the British for enslaving the American colonies.
January 21, 2023 in Book Club, Legal Education | Permalink
Monday, January 16, 2023
Invitation: ABA Virtual Tax Book Club On Tax Law And The Environment
The next virtual meeting ABA Tax Policy and Simplification Committee Book Club will have its next meeting on Thursday, January 26, 2023 from 3:00 - 4:00 p.m. ET (registration). The book to be discussed is Tax Law and the Environment: A Multidisciplinary and Worldwide Perspective (Roberta F. Mann (Oregon) & Tracey M. Roberts (Samford) eds. 2020):
Tax Law and the Environment: A Multidisciplinary and Worldwide Perspective takes a multidisciplinary approach to explore the ways how tax policy can is used solve environmental problems throughout the world, using a multi-jurisdictional and multidisciplinary approach. Environmental taxation involves using taxes to impose a cost on environmentally harmful activities or tax subsidies to provide preferred tax treatment to more sustainable alternatives to those harmful activities. This book provides a detailed analysis of environmental taxation, with examples from around the world. As the extraction, processing and use of energy use resources is has been a major cause of environmental harm, this book explores the taxation and subsidization of both fossil fuels and renewable energy. Its analysis of the past, present, and future potential of environmental taxation will help policymakers move economies toward sustainability, as well as and informing students, academics, and citizens about tax solutions for pressing environmental issues.
Reviews:
January 16, 2023 in ABA Tax Section, Book Club, Scholarship, Tax, Tax Scholarship | Permalink
Monday, January 2, 2023
In The New Year, We Must View Time Through A Divine Lens: To Dust We Will Return
Christianity Today: To Dust We Will Return, by Jen Pollock Michel (Author, In Good Time: 8 Habits for Reimagining Productivity, Resisting Hurry, and Practicing Peace (2023)):
In the New Year, we must view our time through a divine lens.
Just as there once was sacred space (in the medieval cathedrals, for example), there was also once sacred time. Kairos time, as the Greeks called it: this time existing beyond the veil of a day and the standardized unit of an hour. In fact, prior to the Reformation, we looked to the monks and nuns to renounce earthly pleasures and commit themselves to prayer. They lived the Lord’s time for the rest of us.
Today, of course, no one really lives the Lord’s time. All we’re left with is chronos time and the successive moments “which we try to measure and control in order to get things done.” ... All we’re left with is ordinary time—and the relentless goad of productivity. The untested assumption today is that getting things done is an infallible good, never mind the relative worth of those “things” and the predictable irritability involved in the striving.
Perhaps one of the most important discipleship endeavors today is reforming our relationship with time—and encouraging practices of living time more fittingly, more faithfully, more joyfully, more hopefully. The habits of “higher time” don’t have much to do with traditional time management advice, tips and tricks, or techniques and tools.
There is an important difference between improved executive functioning—and the practice of time—faith.
Habits of higher time have little to do with time-savvy. Calendaring may be involved, but mostly these habits involve a “labor of vision,” to borrow a phrase from another writer. Despite our best efforts at productivity, our lives will fog, and then evaporate, like winter breath. We will die.
As the prophet Isaiah reminds us, “All flesh is grass, and all its beauty is like the flower of the field” (Isa. 40:6, ESV throughout). We will not finish all we’ve begun, will not accomplish all we’ve intended. Life will chill, the days shorten, and our bodies will catch in death’s wind and fall like autumn leaves.
Dust to dust. We will get no second chances on mortal time and its gifts.
If we fail to see time stretching beyond the final shudder, beyond the final slow wheeze of life, we are people to be pitied.
January 2, 2023 in Book Club, Faith, Legal Education | Permalink
Friday, December 30, 2022
The Myth Of American Income Inequality
Wall Street Journal Book Review: Believe Your Eyes, Not the Statistics, by Charles W. Calomiris (Columbia; Google Scholar) (reviewing Phil Gramm, Robert Ekelund & John Early, The Myth of American Inequality: How Government Biases Policy Debate (2022)):
According to Mark Twain, “It ain’t what you don’t know that gets you into trouble. It’s what you know that ain’t so.” “The Myth of American Inequality,” by Phil Gramm, Robert Ekelund and John Early, quotes that wisdom, then offers 250 pages of analysis proving it. ...
Media commentators and politicians seem to believe that little progress has been made in raising average American living standards since the 1960s; that poverty has not been substantially reduced over the period; that the median household’s standard of living has not increased in recent years and inequality is currently high and rising (“a truth universally acknowledged,” according to the Economist magazine in 2020).
The authors—a former chairman of the Senate banking committee, a professor of economics at Auburn University and a former economist at the Bureau for Labor Statistics—show that these beliefs are false. Average living standards have improved dramatically. Real income of the bottom quintile, the authors write, grew more than 681% from 1967 to 2017. The percentage of people living in poverty fell from 32% in 1947 to 15% in 1967 to only 1.1% in 2017. Opportunities created by economic growth, and government-sponsored social programs funded by that growth, produced broadly shared prosperity: 94% of households in 2017 would have been at least as well off as the top quintile in 1967. Bottom-quintile households enjoy the same living standards as middle-quintile households, and on a per capita basis the bottom quintile has a 3% higher income. Top-quintile households receive income equal to roughly four times the bottom (and only 2.2 times the lowest on a per capita basis), not the 16.7 proportion popularly reported.
December 30, 2022 in Book Club, Scholarship, Tax, Tax Scholarship | Permalink
Wednesday, December 28, 2022
Extreme Punishment: The Chilling True Story Of Dan Markel's Murder
In October, I blogged the release of the fascinating book Extreme Punishment: The Chilling True Story of Acclaimed Law Professor Dan Markel's Murder (Oct. 9, 2022). The author, Steve Epstein, a litigation partner at Poyner Spruill (Raleigh, North Carolina), has published excerpts of the book on The Faculty Lounge:
What happened in FSU law professor Dan Markel’s garage that fateful summer morning shook the Sunshine State’s capital city, Tallahassee, the entire Florida State community, and the legal academy writ large to its core. Why on earth would a revered criminal law professor—the co-founder of PrawfsBlawg and prolific punishment theory scholar—be shot and killed in broad daylight? Was this the act of a deranged madman or part of a coordinated plot to eliminate him? And if the latter, who could possibly have been angry and desperate enough to do that?
To those who knew him—and there were literally thousands who did—they can recall with precision to this day, eight years later, exactly where they were and what they were doing when they received the news of Dan’s horrific slaying. There aren’t many murder cases that result in international media attention and a cult-like following of people who devour every TV documentary, podcast, YouTube video, and news story about even the most minute pieces of evidence related to the murder or developments in the criminal case. Yet something about this story—many things likely—have struck a chord that resonates with ordinary people as much, if not more, than those inhabiting the legal world and faculty lounge.
In EXTREME PUNISHMENT, I rewind the clock all the way back to the 1970s, when Dan Markel was growing up in Montreal and Toronto, and the 1980s, when Wendi Adelson was being raised alongside her two brothers in Coral Springs, Florida by her former schoolteacher mom, Donna, and dentist dad, Harvey. Despite having grown up worlds apart, their paths to becoming law professors were incredibly similar, both having experienced transformative post-college fellowships and a master’s education at Cambridge University prior to attending law school.
With two Harvard degrees, a Ninth Circuit clerkship, and four published law review articles in hand, Dan had hoped and expected to land a position at an elite law school. That he ended up at FSU—ultimately obtaining a job for Wendi there in a new legal clinic—is actually a huge part of why he ended up with two bullets in his head in July 2014. Over the next few weeks, I will share additional snippets from EXTREME PUNISHMENT, telling just enough of this fascinating story to whet your appetite and convince you to read it all.
December 28, 2022 in Book Club, Legal Ed News, Legal Education | Permalink
Sunday, December 18, 2022
Inazu: How Can Christian Faculty Be Interfaith Leaders?
John Inazu (Washington University; Google Scholar), How Can Christian Faculty Be Interfaith Leaders?:
In an earlier post, I discussed the importance of pursuing interfaith engagement without compromising core religious values. In contrast to some interfaith efforts that ignore or downplay differences, I suggested that meaningful interfaith relationships acknowledge and work across deep differences. This commitment grounds my friendship with Eboo Patel, the founder and president of Interfaith America.
Last month, Interfaith America (where I serve as a Senior Fellow) announced a new initiative with The Carver Project (an organization I founded five years ago). The initiative, which we’re calling the Newbigin Fellows, brings together cohorts of Christian faculty working at non-Christian institutions. These cohorts meet monthly over Zoom and then convene in person with the goal of cultivating relationships with one another, reflecting on the theory and practice of interfaith engagement, and developing interfaith activities on their respective campuses. ...
We’ve named the Newbigin Fellows after Lesslie Newbigin (1909-1998), who developed a theology of interfaith engagement as a missionary in South India and later in life working in a largely dechurched London. His life and work form a useful lens through which to consider the role of the fellows.
December 18, 2022 in Book Club, Faith, Legal Education | Permalink
Wednesday, December 14, 2022
May It Please The Campus: Lawyers Leading Higher Education
Patricia E. Salkin (Touro), May It Please the Campus: Lawyers Leading Higher Education (Touro University Press 2022):
This is a groundbreaking study on the important and little known role that lawyers have played as leaders in higher education.
The book traces the history of lawyer campus presidents from the 1700s to present, exploring dozens of topics such as: where lawyer presidents went to law school; the percentage of lawyer presidents serving at public, private, community, HBCUs, and religiously affiliated institutions; geographic concentrations of campuses led by lawyers, women lawyer presidents, pathways to the presidency for lawyers, commonalities in backgrounds, and more. The author explores reasons for an exponential increase in lawyers serving as campus leaders examining the growth of legal education and myriad legal and regulatory issues confronting higher education.
Reviews
Dr. Salkin’s important book is original, engaging, provocative, comprehensive, and data driven. It’s a must read for anyone who cares about academic leadership and the future of higher education at a time when the only constants are accelerating change, daunting (often unexpected) crises, and proliferating regulation and legal challenges. Dr. Salkin provides us an invaluable resource for finding the right kind of lawyers who have the ‘Swiss-army-knife’-type professional tool kit and temperament to handle the myriad demands of academic administrative jobs.
December 14, 2022 in Book Club, Legal Ed Scholarship, Legal Education | Permalink
Sunday, November 27, 2022
Bono: 'Too Christian For The Mainstream, Too Mainstream For Christians?'
Christianity Today, Bono’s Punk-Rock
Grief and God have been part of U2’s story from the start.
We got this invitation once,” Bono tells me. He speaks the next sentence with a tone of reverence: “The Reverend Billy Graham would love to meet the band and offer a blessing.”
We’re on a video call, and the frontman for U2 is sitting on the floor in front of a green couch, his computer on the coffee table in front of him. It’s golden hour in Dublin, and the just-setting sun makes the room glow. It’s almost theatrical. There’s a twinkle in his eye, too. He knows he has a good story.
“He’s the founder of Christianity Today,” he reminds me, grinning. “I didn’t know that then, but I still wanted the blessing. And I was trying to convince the band into coming with me, but for various reasons they couldn’t. It was difficult with the schedule, but I just found a way.”
This was in March 2002, just a few weeks after U2 played their legendary Super Bowl halftime show and days after their single “Walk On” won the Grammy for Record of the Year.
“His son Franklin picked me up at the airport,” Bono says, “and Franklin was doing very effective work with Samaritan’s Purse. But he wasn’t sure about his cargo.” He laughs. “On the way to meet his father, he kept asking me questions.”
Bono reenacts the conversation for me:
“You … you really love the Lord?”
“Yep.”
“Okay, you do. Are you saved?”
“Yep, and saving.”
He doesn’t laugh. No laugh.
“Have you given your life? Do you know Jesus Christ as your personal Savior?”
“Oh, I know Jesus Christ, and I try not to use him just as my personal Savior. But, you know, yes.”
“Why aren’t your songs, um, Christian songs?”
“They are!”
“Oh, well, some of them are.”
“What do you mean?”
“Well, why don’t they … Why don’t we know they’re Christian songs?”
I said, “They’re all coming from a place, Franklin. Look around you. Look at the creation, look at the trees, look at the sky, look at these kinds of verdant hills. They don’t have a sign up that says, ‘Praise the Lord’ or ‘I belong to Jesus.’ They just give glory to Jesus.”
For four decades, Bono has found himself in conversations like this one, responding to Christians who aren’t quite sure what to make of him or U2. ...
November 27, 2022 in Book Club, Faith, Legal Education | Permalink
Tuesday, November 22, 2022
Colin Diver: Are The U.S. News Rankings Finally Going To Die?
New York Times Op-Ed: Are the U.S. News College Rankings Finally Going to Die?, by Colin Diver (Former Dean, University of Pennsylvania Law School; Former President, Reed College; Author, Breaking Ranks: How the Rankings Industry Rules Higher Education and What to Do About It (Johns Hopkins University Press 2022) (more here):
Yale’s law school made the stunning announcement last week that it would no longer participate in the influential rankings published annually by U.S. News & World Report. Given the outsize importance attributed to the rankings by prospective applicants and alumni, Yale’s decision sent shock waves through the legal profession, and indeed all of higher education. Yet the law schools at Harvard, Berkeley, Georgetown, Columbia, Stanford and Michigan [and Duke and Northwestern] quickly followed suit. Will the universities of which they are a part join the boycott? Will other colleges and professional schools do the same? Could this be the beginning of the end for college rankings?
I sure hope so.
Since their emergence in 1983, the U.S. News college rankings have grown into a huge juggernaut. They have withstood decades of withering criticism — from journalists, university presidents and the U.S. secretary of education — that the methodology ignores the distinctive character of individual schools and drives institutions to abandon priorities and principles in favor of whatever tweaks will bump them up a notch or two.
November 22, 2022 in Book Club, Law School Rankings, Legal Ed News, Legal Ed Rankings, Legal Education | Permalink
Sunday, November 20, 2022
Tim Keller: Forgive — Why Should I And How Can I?
John Inazu (Washington University; Google Scholar), Tim Keller on Forgiveness:
My past two newsletters have examined the topic of forgiveness [Pandemic Forgiveness and The Incomprehensible Witness Of Forgiveness]. ... I thought the topic merited one more engagement, so I reached out to my friend, Tim Keller. ...
Tim’s latest book, out just this month, is Forgive: Why Should I and How Can I? [blogged here]. It explores the power of forgiveness and how we can practice it in our lives.
Here are a few highlights from our conversation.
John Inazu: What prompted you to write this book now?
Tim Keller: Two reasons. First, as a pastor I’ve spent decades teaching and counseling about this subject. It is one of the main resources that Christianity provides. But secondly, it seems that forgiveness is “fading” in our society. Some on the Left says that forgiveness is a way for oppressors to stay in power so we shouldn’t grant it to them. Others on the Right are now complaining that we cannot go into the public square with compassion—rather, we should be tougher, less forgiving. But social relationships cannot be sustained without forgiveness. Marriages, families, friendships—they all require forgiveness in one way or another. ...
JI: We know that forgiveness does not always require a Christian or even a theological framework. For example, Nelson Mandela did not base his forgiveness on religious commitments. But your new book argues that the Bible teaches “human forgiveness must be based on an experience of divine forgiveness” and “we must consciously base our forgiveness of others on God’s forgiveness of us.” How do you account for the Mandelas of the world?
November 20, 2022 in Book Club, Faith, Legal Education | Permalink
WSJ: Ten Books To Read On Faith In The Modern World
Wall Street Journal Bookshelf, 10 Books to Read on Faith in the Modern World:
A set of recent books—as seen through the eyes of Wall Street Journal reviewers—as fascinating, thought-provoking and various as the shades of contemporary belief.
I have blogged five of these ten books:
After Disbelief: On Disenchantment, Disappointment, Eternity, and Joy
By Anthony T. Kronman | Yale
America’s Book: The Rise and Decline of a Bible Civilization, 1794-1911
By Mark A. Noll | Oxford
God, Grades, and Graduation: Religion’s Surprising Impact on Academic Success
By Ilana M. Horwitz | Oxford
How God Works: The Science Behind the Benefits of Religion
By David DeSteno | Simon & Schuster
November 20, 2022 in Book Club, Faith, Legal Education | Permalink
Sunday, November 6, 2022
NY Times Op-Ed: Black, Christian And Transcending The Political Binary
New York Times Op-Ed: Black, Christian and Transcending the Political Binary, by Tish Harrison Warren (Priest, Anglican Church; Author, Prayer in the Night: For Those Who Work or Watch or Weep (2021) (Christianity Today's 2022 Book of the Year)):
Justin Giboney is a lawyer and political strategist in Atlanta who grew up in the Black church. He says his theological foundation came from his grandfather, who was a bishop in a Black Pentecostal denomination. Giboney is also the president and a co-founder of the AND Campaign, a Christian civic organization meant to represent people of faith who do not fit neatly into either political party [and co-author of Compassion (&) Conviction: The AND Campaign's Guide to Faithful Civic Engagement (2020); see also The Faithful Voters Who Helped Put Biden Over The Top].
I’ve written before about how I’m intrigued by people and movements that defy our prescribed ideological categories. The AND Campaign, which is based in Atlanta and has 15 chapters across the United States, is one of those. Led almost entirely by young professionals, artists, pastors and community leaders of color, the group advocates voting rights and police reform, leads what it calls a “whole life project” dedicated to reducing abortion and supporting mothers, endorses a “livable wage” and champions other issues that break left and right, in turn.
As we approach the midterms, Giboney graciously agreed to speak with me about the state of our politics from the perspective of a person of faith who is also a person of color — what it’s like to embrace traditional Christian theology while also opposing the political stances of many white evangelicals, and what it’s like to be committed to social justice in ways that differ from those of many secular progressives. ...
November 6, 2022 in Book Club, Faith, Legal Education | Permalink
Tuesday, October 25, 2022
Dean Presents For-Profit Philanthropy Today At UC-Hastings
Steven Dean (Brooklyn) presents a chapter from For-Profit Philanthropy: Elite Power & the Threat of Limited Liability Companies, Donor-Advised Funds, & Strategic Corporate Giving (Jan. 2023) (with Dana Brakman Reiser (Brooklyn; Google Scholar)) at UC-Hastings today as part of its Tax Speaker Series hosted by Heather Field and Manoj Viswanathan:
Introduction
This is the way the world ends
Not with a bang but a whimper.
— The Hollow Men by T.S. Eliot
The size of the US philanthropic sector hints at the pivotal role it has long played in American society. Americans gave almost $485 billion to charities in 2021 alone, a record-breaking outpouring of generosity sparked by the global pandemic but not out of step with typical annual totals. The nonprofit sector employs well over 10 percent of US private workers, and grantmaking foundations hold more than $1 trillion in assets, with billions more held by operating charities.
Disasters like the COVID-19 pandemic bring the contributions of this sector—to research, public health, job training, and community support—into sharp relief. Philanthropic institutions have the power to change lives and shape policy, fueled by a combination of private funding, government subsidies, and public goodwill. It has been a hallmark of American society since Alexis de Tocqueville identified it as unique in the 1830s. Yet, for all its power, a crisis now looms over the future of the philanthropic sector itself.
October 25, 2022 in Book Club, Colloquia, Scholarship, Tax, Tax Scholarship, Tax Workshops | Permalink
Wednesday, October 12, 2022
Extreme Punishment: The Chilling True Story Of Dan Markel's Murder
Less than a month after the release of a book on Dan Markel's murder by his mother, Steve Epstein (a litigation partner at Poyner Spruill (Raleigh, North Carolina)) has published (last Sunday, on what would have been Dan's 50th birthday) Extreme Punishment: The Chilling True Story of Acclaimed Law Professor Dan Markel's Murder (Oct. 9, 2022):
A devoted father. One of the most accomplished criminal law scholars in the country. Someone wanted him dead. But why?
On the morning of July 18, 2014, 41-year-old Florida State law professor Dan Markel dropped his boys off at preschool, hit the gym, and headed home to his quiet, tree-canopied neighborhood. Within seconds of pulling into his garage, two .38-caliber bullets fired from point-blank range were lodged in his brain.
His brutal slaying defied explanation. The case went stone cold for nearly two years before dogged pursuit by the Tallahassee Police and the FBI resulted in the arrest of two life-long criminals who had driven 10 hours from Miami with one singular purpose: to murder the esteemed professor. Were his ex-wife Wendi Adelson and her South Florida family the masterminds behind this horrific crime?
EXTREME PUNISHMENT is the riveting story of a divorce between two law professors that spiraled out of control, wealthy in-laws hell-bent on revenge, an unlikely love triangle, and the relentless quest to bring Dan’s killers—all of them—to justice.
“EXTREME PUNISHMENT is the book those of us who have been mesmerized by the search for justice in Dan Markel’s murder have been waiting for. Steve Epstein takes the reader through all the twists and turns of this remarkable case and provides richly textured insights into the lives of the people involved in, and affected by, this American tragedy.”
—Paul Caron, Dean of Pepperdine University Caruso School of Law and Founder of TaxProf Blog, a leading source of information about Dan Markel’s murder
October 12, 2022 in Book Club, Legal Ed News, Legal Education | Permalink
Sunday, October 9, 2022
WSJ Book Review: How Christianity Became More Conservative And Society More Secular
Wall Street Journal Book Review: ‘Christianity’s American Fate’ Review: The Faith and Its Keepers, by D.G. Hart (Hillsdale College; Author, From Billy Graham to Sarah Palin: Evangelicals and the Betrayal of American Conservatism (2011)) (reviewing David A. Hollinger (UC-Berkeley; Google Scholar), Christianity's American Fate: How Religion Became More Conservative and Society More Secular (2022):
Whatever happened to fundamentalism? When Billy Graham and Jerry Falwell Sr. were alive, people knew that the former, a poster boy for evangelicalism, was winsome, and the latter, a fundamentalist TV preacher and head of the Moral Majority, was not. That was also a time when journalists classified Islamic terrorists as fundamentalists. Now “evangelical” carries most of the baggage fundamentalists packed. In elite academic and media circles, white evangelicalism is often associated with Christian nationalism, white supremacy, misogyny and distrust of science.
In “Christianity’s American Fate,” David A. Hollinger, a distinguished historian at the University of California, Berkeley (now retired), equates these terms. He begins by claiming, correctly, that fundamentalism was parent to evangelicalism. He leaves out that evangelicals tried to correct for fundamentalist cussedness with a kinder, gentler version of conservative Protestantism. Mr. Hollinger cannot accept that rebranding because 81% of white evangelicals voted for Donald Trump in 2016. For that reason, evangelicals threaten the intellectual and cultural norms of the mainstream. It’s debatable whether evangelicalism, interpreted carefully for 40 years by reputable scholars, deserves to be lumped in with bigoted Protestantism. In any case, Mr. Hollinger adds another to the pile of recent books that interpret support for Mr. Trump as evidence of evangelical toxicity.
October 9, 2022 in Book Club, Faith, Legal Education | Permalink
Saturday, October 8, 2022
Stewart: Tax And Government In The 21st Century
Miranda Stewart (Melbourne), Tax and Government in the 21st Century (Miranda Stewart (Melbourne) ed., Cambridge University Press 2022):
With an accessible style and clear structure, Miranda Stewart explains how taxation finances government in the twenty-first century, exploring tax law in its historical, economic, and social context. Today, democratic tax states face an array of challenges, including the changing nature of work, the digitalisation and globalisation of the economy, and rebuilding after the fiscal crisis of the COVID-19 pandemic. Stewart demonstrates the centrality of taxation for government budgets and explains key tax principles of equity, efficiency and administration. Presenting examples from a wide range of jurisdictions and international developments, Stewart shows how tax policy and law operate in our everyday lives, ranging from family and working life to taxing multinational enterprises in the global digital economy. Employing an interdisciplinary approach to the history and future of taxation law and policy, this is a valuable resource for legal scholars, practitioners and policy makers.
Reviews
Miranda Stewart's outstanding book is unique in providing a broad overview of taxation in the 21st century, with an emphasis on how tax shapes the relationship between a democratic state and its citizens. It should be read not just by tax specialists but by anyone who is interested in the crucial challenges globalization poses to maintaining sovereignty, democracy and the social insurance safety net.
Reuven S. Avi-Yonah — Irwin I. Cohn Professor of Law, University of Michigan
October 8, 2022 in Book Club, Tax, Tax Scholarship | Permalink
Sunday, October 2, 2022
NY Times: F3 (Fitness, Fellowship, Faith) — A Cure For Middle-Age Male Loneliness?
New York Times, For Suburban Texas Men, a Workout Craze With a Side of Faith:
By day, Glenn Ayala is a 50-something account manager who spends much of his time behind a desk. But at Rick Rice Park in the early morning darkness, doing push-ups and jogging with a 20-pound rucksack on his back, he is known as K9, and he is with his people.
One Friday in August, Mr. Ayala joined about 20 other men in what they called the predawn “gloom” for the group’s regular workout. They grunted and hooted un-self-consciously, razzing one another and shouting encouragements, using nicknames generated by the group. (Mr. Ayala got his because he trains dogs in his spare time.)
The members also often gather to pray together and talk, building friendships that have extended into their daily lives: When Mr. Ayala separated from his wife, members of the group helped him move. When his relationship with his adult son floundered, they texted him Garth Brooks songs to buoy him.
This is F3 — that’s fitness, fellowship and faith — a fast-growing network of men’s workouts that combine exercise with spiritually inflected camaraderie. After its founding in 2011 as a free, outdoor group workout, its popularity exploded during the pandemic, expanding to some 3,400 groups across the country from 1,900, aiming to solve, as John Lambert, a.k.a. Slaughter, the network’s chief executive, put it, “a problem that society at large and men definitely didn’t even know they had: middle-age male loneliness.” ...
I first heard about F3 through a few acquaintances in Texas, men who spoke about their local groups with the zeal of evangelists. It reminded me of how urban women used to talk with me about SoulCycle, only these guys were suburban fathers.
Its no-frills formula inspires fervent devotion. “F3 has changed my life,” Mr. Ayala said. He first attended last year, when a friend repeatedly nudged him to try it — or in F3’s baroque jargon, put him in an “emotional headlock.” He was hooked immediately. About a year ago, he got an F3 tattoo on his chest. ...
In F3, there are no facilities, no formal gear and no membership fees. Popular in the South, where outdoor workouts are pleasant most months of the year, the groups are ostensibly nonsectarian, in the style of Alcoholics Anonymous, though many have a Christian emphasis. Some men describe the group as complementing and expanding on their experiences in church.
F3 is also the rare setting devoted to male bonding. It means you “have guys to do life with,” said Pastor Giraud, a.k.a. Baby Shark, who works out with Mr. Ayala. “To really care for others and be cared for, to acknowledge others and be acknowledged.” ,,,
Many F3 men want to be traditionally strong providers, but also be more active and attentive in their family lives than their own fathers were.
David French (The Dispatch), A Short Story of Men:
October 2, 2022 in Book Club, Faith, Legal Education | Permalink
Thursday, September 29, 2022
What Trump Gets Right About Harvard
Politico Magazine: What Trump Gets Right about Harvard, by Evan Mandery (CUNY; Google Scholar; Author, Poison Ivy: How Elite Colleges Divide Us (2022)):
Clad in his trademark red sweater, Hall of Fame college basketball coach Bobby Knight introduced Republican presidential nominee Donald Trump to an enthusiastic audience of supporters in late September 2016. “I’ll tell you one thing for damn sure,” Knight bellowed. “I know how to win and he’s going to be the best winner we’ve had in a long time.”
Trump emerged to the theme from Rocky, praised Knight’s incredible winning record, and then launched into a diatribe about elite colleges and universities. Two months earlier, Hillary Clinton had proposed to make public college free for middle-class families. Trump would have none of that. “Universities get massive tax breaks for massive endowments,” Trump said, to boos and catcalls. “These huge multi-billion-dollar endowments are tax free,” he explained. “But too many of these universities don’t use the money to help with tuition and student debt. Instead, these universities use the money to pay their administrators or put donors’ names on buildings or just store the money, keep it, and invest it.” The chorus of boos loudened. “In fact, many universities spend more on private equity managers than on tuition programs.”
Trump’s persistent attacks on elites were a major component of his electoral strategy and remained a key part of his message during his presidency and subsequent exile. Condemning elites — particularly in higher education — has long been a part of the GOP playbook, but it’s even more key today. Last November, Republican Senate candidate J.D. Vance delivered a half-hour speech at the National Conservatism Conference titled, “The Universities are the Enemy.” Vance accused universities of pursuing “deceit and lies.” To applause, he said, “I think if any of us want to do the things that we want to do for our country and for the people who live in it, we have to honestly and aggressively attack the universities in this country.” Vance’s would-be Senate colleagues Josh Hawley — like Vance, a graduate of Yale Law School — and Ted Cruz — a graduate of Harvard — routinely attack elites and elite institutions.
To some extent, elite colleges are simply collateral damage in the culture war. Indeed, the thrust of Vance’s speech is about the need to break through the indoctrination of the liberal intelligentsia — via what he calls “red pilling,” a reference to The Matrix — where the “fundamental corruption” at the root of the system, as Vance put it, can’t be unseen once seen. “So much of what drives truth and knowledge, as we understand it in this country,” Vance said, “is fundamentally determined by, supported by and reinforced by the universities in this country.”
But that’s not the whole story. Another line of attack is about access. It’s about who gets to be part of the elite, and whether America has gotten a fair return on the massive investment that it has made in elite colleges. For, difficult as this might be for liberals to hear, almost everything Trump said to the crowd Bobby Knight had warmed up was true.
September 29, 2022 in Book Club, Legal Education, Tax | Permalink
Wednesday, September 28, 2022
Dickerson Reviews Brown's The Whiteness Of Wealth
A. Mechele Dickerson (Texas), Shining a Bright Light on the Color of Wealth, 120 Mich. L. Rev. 1085 (2022) (reviewing Dorothy A. Brown (Georgetown; Google Scholar), The Whiteness of Wealth: How the Tax System Impoverishes Black Americans — And How We Can Fix It (2021)):
Professor Dorothy A. Brown boldly asserts in The Whiteness of Wealth: How the Tax System Impoverishes Black Americans — And How We Can Fix It that “whiteness has consistently and continually played a serious role in wealth building” (p. 20). Using stories from her life and the lives of other Black taxpayers, Brown methodically exposes how the same tax laws and policies that help whites build intergenerational wealth impoverish Blacks. Although readers who lack a business or legal background may not grasp the intricate technicalities of the Internal Revenue Code sections that Brown dissects, that does not matter. The clarity of Brown’s writing, her storytelling, and vivid examples involving her parents (Miss Dottie and James) and other ordinary Black taxpayers convey complex points—think tax policy preferences for horizontal equity or the lock-in effect—with ease.
This Review examines Brown’s powerful assertion that tax policies build and protect intergenerational white wealth and exacerbate the racial wealth gap by subsidizing activities and personal choices that disproportionately benefit white taxpayers. Those stunned by the enormity of this racial wealth gap will be horrified to learn that tax policies were designed to create white wealth.
September 28, 2022 in Book Club, Scholarship, Tax, Tax Scholarship | Permalink
Tuesday, September 27, 2022
Ruth Markel Publishes Book On Her Son Dan's Murder, Sees Her Grandchildren For The First Time In Six Years
Ruth Markel, The Unveiling: A Mother's Reflection on Murder, Grief, and Trial Life (Sept. 20, 2022):
Ruth Markel is the mother of the late Dan Markel, a noted law professor who was murdered in Tallahassee, Florida in 2014.
In The Unveiling, she describes her experiences since the day of Dan’s death from several distinct perspectives:
- As a devastated mother with the unique human perspective of becoming a homicide survivor and victim.
- As a woman whose attempts to achieve normalcy and live a healthy life are continually interrupted by painful reminders, a rollercoaster of hearings, frequently changing trial dates, verdicts, and appeals.
- As an engaged citizen using what she has learned to help other victims of homicide and violent crimes recover from trauma and begin an optimistic outlook on life.
- As an insider who shows how our collective network of family, friends, and experts—including a murder coach—have helped her family remain involved, motivated, and hopeful.
- As a grandmother who had not been allowed to see her grandchildren in many years, she used advocacy to inspire the Florida State Legislature to pass a grandparent visitation bill.
- And as an experienced author of nine books using the written word to effectively address the shift from grief to promise.
Toronto Sun, Mom's Quest to Solve University Professor's Murder:
September 27, 2022 in Book Club, Legal Ed News, Legal Education | Permalink
Sunday, September 18, 2022
Low Anthropology: The Unlikely Key To A Gracious View Of Others (And Yourself)
David Zahl (Director, Mockingbird Ministries), Low Anthropology: The Unlikely Key to a Gracious View of Others (and Yourself) (2022):
Many of us spend our days feeling like we're the only one with problems, while everyone else has their act together. But the sooner we realize that everyone struggles like we do, the sooner we can show grace to ourselves and others.
In Low Anthropology, popular author and theologian David Zahl explores how our ideas about human nature influence our expectations in friendship, work, marriage, and politics. We all go through life with an "anthropology"—an idea about what humans are like, our potentials and our limitations. A high anthropology—thinking optimistically about human nature—can breed perfectionism, anxiety, burnout, loneliness, and resentment. Meanwhile, Zahl invites readers into a biblically rooted and surprisingly life-giving low anthropology, which fosters hope, deep connection with others, lasting love, vulnerability, compassion, and happiness.
Zahl offers a liberating view of human nature, sin, and grace, showing why the good news of Christianity is both urgent and appealing. By embracing a more accurate view of human beings, readers will discover a true and lasting hope.
September 18, 2022 in Book Club, Faith, Legal Education | Permalink
Celebrities For Jesus: How Personas, Platforms, And Profits Are Hurting The Church
Katelyn Beaty (Editorial Director, Brazos Press), Celebrities for Jesus: How Personas, Platforms, and Profits Are Hurting the Church (2022):
Many Christian leaders use their fame and influence to great effect. Whether that popularity resides at the local church level or represents national or international influence, many leaders have effectively said to their followers, "Follow me as I follow Christ." But fame that is cultivated for its own sake, without attendant spiritual maturity and accountability, has a shadow side that runs counter to the heart of the gospel. Celebrity--defined as social power without proximity--has led to abuses of power, the cultivation of persona, and a fixation on profits.
In light of the fall of famous Christian leaders in recent years, the time has come for the church to reexamine its relationship to celebrity. Award-winning journalist Katelyn Beaty explores the ways fame has reshaped the American church, explains how and why celebrity is woven into the fabric of the evangelical movement, and identifies many ways fame has gone awry in recent years. She shows us how evangelical culture is uniquely attracted to celebrity gurus over and against institutions, and she offers a renewed vision of ordinary faithfulness, helping us all keep fame in its proper place.
With insight and empathy, Katelyn Beaty diagnoses the broken patterns of leadership we see in the church. This book shows us the isolation and loneliness and abuse that can come from, and contribute to, these expectations of celebrity. But this book is no mere jeremiad. It points the way forward to renewed visions of power, accountability, and humility.
—Russell Moore, chair of public theology, Christianity Today
Christianity Today Book Review, Christian Celebrity Isn’t a Problem to Fix, But an Eye to Gouge Out:
There is such a thing as making a problem too easy. And there are times where that error can yield devastating consequences.
This thought came to mind while reading Katelyn Beaty’s book Celebrities for Jesus: How Personas, Platforms, and Profits Are Hurting the Church. The book has much to admire. Beaty, a writer and former CT editor, is a keen observer of power dynamics within institutions and movements, for starters. She also is a good student of contemporary technological trends, with a well-developed understanding of how digital technology has transformed and exacerbated the problems of fame and celebrity both in the church and outside.
What’s more, I found her prudent counsel for how we might curb the worst excesses of celebrity to be wise and admirable. Her conversation partners in the final chapter are, if predictable, also wise: Henri Nouwen, Eugene Peterson, Andy Crouch, Dallas Willard.
Pulling punches
Yet for all its merits, I found the book to be ultimately too moderate in its critique. While Celebrities for Jesus is a wise book, it is also, for a certain type of evangelical, a relatively pleasant book. ... As Beaty profiles the many cases of egregious moral failure and abuse of power by Christian celebrities ranging from Mark Driscoll to Ravi Zacharias to Bill Hybels, she consistently tries to keep the fact of evangelical celebrity separate from the abuse of evangelical celebrity, holding out hope that we can have one without the other. Effectively, she holds out hope that you can have the huge online platform, get the massive six-figure book deal, enjoy the luxurious mansion, and be okay as long as you recognize the dangers of celebrity and don’t abuse your power.
In one passage she writes,
Christian leaders should always ask whether their spending signals modesty or opulence—especially to those they are ministering to. The point here is not that private jets are always evil (although, on the whole, I’d argue their problems far outweigh their temporary conveniences). Or that nice meals, second homes, and expensive clothes are always and everywhere wrong. The point here is that all these things in our time signify lavish displays of wealth. To keep the worldly lure of money in check, Christian leaders should cultivate financial modesty—and ask others to hold them accountable to it.
There is a tension between discussing problems inherent to celebrity and problems dealing with the abuse of celebrity. Teasing the two apart is seldom easy. Yet it seemed like much of the book’s rhetorical firepower was fixed on the latter rather than the former. Thus there are points where Beaty’s analysis suggests that we might avoid the pitfalls of celebrity if only the celebrities themselves would cut back on ostentation and excess, instead adopting healthier habits (and even pursuing a kind of obscurity).
But this doesn’t altogether work, as the passage above illustrates: If you have a private jet, you are being opulent. There is not a modest way of buying a private jet or, to use another example Beaty offers in that chapter, a $2,000 purse. By refusing to just say no to these displays, Beaty shrinks back from saying the hard thing and gives readers an out from the problem she’s highlighting. By pulling her punches in this way, Beaty tames the force of her critique.
Yet the fuller, more assertive version of Beaty’s critique is precisely what American evangelicals need to hear today. ...
When I survey the wreckage of evangelical celebrity, I don’t see any reason for moderation. The seeker-sensitive movement and its natural descendant, online church, is the evangelical version of the eye that we must gouge out and cast into the fire before it condemns our entire movement to those flames. Yet Beaty seems hesitant to go there. Even as she ends the book she writes, “To be sure, screens are not inherently evil, nor are large churches, social media platforms, or charismatic personalities.” ...
It’s possible I am wrong, of course, and that calling on Christian leaders to distance themselves from social media, break up their megachurches into smaller neighborhood parishes, and fully repudiate the lavish lifestyles of Hillsong preachers is asking too much. But when I survey the American church today, I see no reason to think celebrity of any sort should be preserved. And I see many reasons to think it’s leading us to hell.
Editor's Note: If you would like to receive a weekly email each Sunday with links to the faith posts on TaxProf Blog, email me here.
September 18, 2022 in Book Club, Faith, Legal Education | Permalink
Sunday, September 11, 2022
WSJ: Pastor Timothy Keller Speaks To The Head And The Heart
Wall Street Journal Weekend Confidential, Pastor Timothy Keller Speaks to the Head and the Heart:
Dr. Keller, 71, has earned a wide following for his erudite and engaging teaching of the Gospel. Since he founded Redeemer Presbyterian Church in Manhattan in 1989, his appeal to young, educated professionals has helped it grow from a few dozen members to more than 5,000 weekly attendees across three locations. His sermons, which address believers and nonbelievers alike, are available on a podcast that over 2.5 million people download each month. He has also written more than two dozen books on subjects such as God, death, marriage and meaning; his new book Forgive: Why Should I and How Can I? will be published in November. ...
Though he is theologically conservative, Dr. Keller is wary of calling himself “evangelical,” largely owing to the term’s political implications. “It creates images in people’s minds that don’t fit me,” he explains. Although the Bible teaches that we should welcome immigrants and help the poor, he notes that it doesn’t specify whether government should be big or small, or whether taxes should be high or low. Thus Christians shouldn’t feel they are obligated to vote for either Democrats or Republicans. He adds that politics are creating serious fissures within the church. “People are walking away from each other,” he says. “It’s quite painful.”
An introverted “egghead” when he arrived at Bucknell, Dr. Keller recalls that he felt pride in usually being the smartest kid in the room. “I didn’t realize that was killing me,” he says now. He explains that he learned from reading St. Augustine that his loves were “not ordered properly.” Seeking fulfillment from his intelligence made him susceptible to despair if he got a bad grade. By learning to love God first and making this love central, he says, he became more able to manage life’s disappointments.
“Unless you love God the most, you will turn your children or spouse or job into a kind of god that you will expect to completely fulfill you,” he explains. This is a recipe for dissatisfaction, he adds, and often alienates those we love by burdening them with unreasonable expectations. Dr. Keller often quotes C.S. Lewis: “Aim at heaven and you will get earth ‘thrown in.’ Aim at earth and you get neither.” ...
Dr. Keller preaches a conservative Christianity to his cosmopolitan flock, in which marriage is between a man and a woman and abortion is murder. ...
September 11, 2022 in Book Club, Faith, Legal Education | Permalink
Saturday, September 3, 2022
The Myth Of American Income Inequality
Wall Street Journal Op-Ed: Income Equality, Not Inequality, Is the Problem, by Phil Gramm & John Early (Co-Authors, The Myth of American Inequality: How Government Biases Policy Debate (2022)):
Contrary to conventional wisdom, the most dramatic and consequential change in the distribution of income in America in the past half-century isn’t rising income inequality but the extraordinary growth in income equality among the bottom 60% of household earners.
Real government transfer payments to the bottom 20% of household earners surged by 269% between 1967 and 2017, while middle-income households saw their real earnings after taxes rise by only 154% during the same period. That has largely equalized the income of the bottom 60% of Americans. This government-created equality has caused the labor-force participation rate to collapse among working-age people in low-income households and unleashed a populist realignment that is unraveling the coalition that has dominated American politics since the 1930s.
On these pages, we have debunked the myth that income inequality is extreme and growing on a secular basis by showing that the Census Bureau measure of income fails to include two-thirds of all federal, state and local transfer payments as income to the recipients and fails to treat taxes paid as income lost to the taxpayer. The Census Bureau measure overstates current income inequality between the highest and lowest 20% of earners by more than 300% and claims that income inequality has risen by 21% since 1967, when in fact it has fallen by 3%. ...
September 3, 2022 in Book Club, Scholarship, Tax, Tax News, Tax Scholarship | Permalink
Sunday, August 28, 2022
God, The Bible, And Hamilton
Longtime readers know of my obsession with interest in Hamilton, especially the faith aspects of the play (see C.S. Lewis & Lin-Manuel Miranda: How I Found My Faith In Mere Christianity And Deepened It In Hamilton and the links below). I just came across these great books and article:
Kevin Cloud, God and Hamilton: Spiritual Themes from the Life of Alexander Hamilton and the Broadway Musical He Inspired:
Discover Spiritual Truths from the Smash Broadway Hit Hamilton that Will Transform Your Life
Hamilton―the hip-hop musical about a forgotten Founding Father―is the most compelling musical of our time. But if you watch it without understanding the spiritual themes of Alexander Hamilton’s life, you only get half the story. Discover how Hamilton is a modern-day parable that will:
- Lead you into a deeper experience of God’s grace
- Help you battle guilt and shame
- Challenge you to forgive
- Inspire your faith
- Engage you in the struggle for human equality
God and Hamilton impressively weaves together insights from the musical itself, the lives of Alexander and Eliza Hamilton, and the story of Scripture into a tapestry that challenges people of faith to reexamine their lives.
God and Hamilton turned me inside out and revealed a side of Hamilton I had never thought to explore.―Lauren Boyd, Hamilton Broadway Cast
A wonderful example of drawing from contemporary culture to understand how God works…I cannot recommend it more highly!―Mike Breen, Founder, 3DM; Author, Building a Disciplining Culture
A bold and creative exploration of the themes in life that matter most. In this beautiful book, Kevin Cloud helps us see, listen, and open to the all-consuming love God pours out to us.―Phileen Heurtz, Founding Partner, Gravity, a Center for Contemplative Activism
For all who struggle with doubt, depression, and despair, God and Hamilton offers an inspiring way forward. Kevin Cloud’s book made my heart sing!―Craig Detweiler, President, Seattle School of Theology and Sociology
Christianity Today, Here’s Every Biblical Reference in ‘Hamilton’:
August 28, 2022 in Book Club, Faith, Legal Education | Permalink
Thursday, August 18, 2022
Brooks Reviews Givens's Radical Empathy: Finding A Path To Bridging Racial Divides
Susan L. Brooks (Drexel), Book Review, 5 Int'l J. Restorative Just. __ (2022) (reviewing Terri E. Givens, Radical Empathy: Finding A Path To Bridging Racial Divides (2021):
In her recent book, Dr. Terri Givens, a highly accomplished political scientist and entrepreneur, guides readers through the process of her own racial healing and invites them to create parallel journeys for themselves. Givens identifies the core element and requirement for the work of racial healing as empathy, which she defines as ‘the ability to see the world from another person’s perspective, in order to understand their feelings and life experiences.’ She uses the term ‘radical empathy’ to emphasize the need to move from feeling to doing, from recognizing the humanity in another person to taking action toward racial and social justice. Givens separates radical empathy into distinct steps representing the practices required to engage in this ongoing effort. These include becoming grounded in who you are, a willingness to be vulnerable, opening yourself to the experiences of others, and creating change and building trust. Throughout the book she demonstrates these practices by weaving together her personal and family narratives with scholarly writings on racial justice and other topics that represent highlights of her life experience and expertise, including leadership, healthcare, love and marriage, and European history. Consistent with Givens’ emphasis on action, at the end of each chapter she includes a set of suggested steps readers can take to move along the path toward creating positive personal and social transformation.
August 18, 2022 in Book Club, Legal Ed Scholarship, Legal Education, Scholarship | Permalink
Saturday, August 13, 2022
Millennial Leadership In Law Schools: Essays On Disruption, Innovation, And The Future
Millennial Leadership in Law Schools: Essays on Disruption, Innovation, and the Future (Ashley Krenelka Chase (Stetson; Google Scholar), ed. 2021):
This book explores the role millennials will play—as faculty, administrators, or staff members—in shaping the future of legal education, and what the academy can do to embrace the millennial generation as colleagues, not students.
Section I brings together chapters that focus on the culture of law schools, and the need to embrace a new, forward-thinking and innovative way of defining what law schools are and do and how we educate students. The chapters in Section II focus on relationships: the relationships millennials in the academy have with ourselves, our institutions, and the community. Section III includes chapters that detail how Millennial leaders work in the classroom, how they use things like feedback and assessment to change the dynamic in the classroom and to innovate law school pedagogy to educate well-rounded lawyers. Section IV is an essential read for anyone who spends time thinking about the current legal economy and law schools’ roles in educating practice-ready lawyers. Finally, Section V includes chapters on change. Legal education has no choice but to evolve, and these authors present ideas on how to embrace millennial ideology to do just that.
August 13, 2022 in Book Club, Legal Ed Scholarship, Legal Education | Permalink
Thursday, August 11, 2022
Shaviro Reviews Rebellion, Rascals, And Revenue: Tax Follies And Wisdom Through The Ages
Daniel Shaviro (NYU; Google Scholar), Tell Me a Tax Story (JOTWELL) (reviewing Michael Keen (IMF) & Joel Slemrod (Michigan; Google Scholar), Rebellion, Rascals, and Revenue: Tax Follies and Wisdom through the Ages (Princeton University Press 2021)) (reviewed by Reuven Avi-Yonah (Michigan; Google Scholar), Steven Bank (UCLA; Google Scholar), and Frank Colella (Pace)):
As the saying ought to go, those who forget history are doomed to miss out on a lot of great stories. In Rebellion, Rascals, and Revenue: Tax Follies and Wisdom through the Ages, Michael Keen and Joel Slemrod do their formidable best to save us from this dire fate. They also amply fulfill their aim of proving the truth of their opening quotation, from H.L. Mencken, to the effect that taxation is not just “eternally lively” but of greater interest than “either smallpox or golf.”
Keen and Slemrod are also so impressively comprehensive in their self-set task of combing thousands of years of history, across multiple continents, for enjoyable or illuminating tax anecdotes that I started to take it as a challenge. I read a lot of history books on the side. So, could I think of stories worth including that they had left out?
This did not go so well. Taxes as the subject of the Rosetta Stone? Check. Window taxes, salt taxes, beard taxes, and taxes on bachelors? Of course. Classic-era British rock lyrics complaining about high taxes? Everyone knows about the Beatles in “Taxman,” but what about the Who in “Success Story”? Or the Kinks in “Sunny Afternoon”? Yes, they have all three. ...
August 11, 2022 in Book Club, Scholarship, Tax, Tax Scholarship | Permalink
Monday, June 27, 2022
Shaviro: Stanley Surrey And The Public Intellectual Practice Of Tax Policy
Following up on my previous post, A Half-Century with the Internal Revenue Code: The Memoirs of Stanley S. Surrey (Lawrence Zelenak (Duke) & Ajay Mehrotra (Northwestern; Google Scholar) eds. Carolina Academic Press 2022) (reviewed by Tracey Roberts (Cumberland; Google Scholar) here): Daniel Shaviro (NYU), 'Moralist' Versus 'Scientist': Stanley Surrey and the Public Intellectual Practice of Tax Policy:
Nearly forty years after his untimely death, Stanley Surrey, the renowned Harvard law professor (and Treasury official), remains perhaps the most important and influential tax law scholar in American history. The recent publication of his highly illuminating memoirs offers a convenient occasion for reassessing his work.
In offering such a reassessment, this essay takes its title from William F. Buckley’s 1974 observation that, while Surrey claimed to analyze tax policy issues with “scientific detachment,” in fact he was a tax “moralist,” whose policy recommendations were “based on a highly articulated set of personal value principles.” Largely agreeing with Buckley as a descriptive matter, the essay considers what Surrey’s work both gained and lost intellectually by hewing so strongly to a set of career-long, deeply held beliefs. Along the way, the essay contrasts Surrey’s moral and intellectual certainty with the skepticism and resistance to grand system-building of Boris Bittker of Yale Law School, Surrey’s only mid-century rival for intellectual leadership of the tax legal academy. ...
June 27, 2022 in Book Club, Scholarship, Tax, Tax Scholarship | Permalink
Thursday, June 23, 2022
Shaviro: Bonfires Of The American Dream In American Rhetoric, Literature And Film
Daniel Shaviro (NYU), Bonfires of the American Dream in American Rhetoric, Literature and Film (2022):
How could American social solidarity have so collapsed that we cannot even cooperate in fighting a pandemic? One problem lies in how our values mutate and intersect in an era of runaway high-end inequality and evaporating upward mobility. Under such conditions, tensions rise between our egalitarian and democratic traditions on the one hand, and what we often call the “American Dream” of self-advancement and due reward on the other.
In our current Second Gilded Age, as in the first one from the late nineteenth century, the results of economic competition appear to suggest, falsely, that some of us are “winners” who deserve everything they have, while others are contemptible “losers.” The rich ostensibly owe the poor nothing — not even compassion or respect, and certainly not material aid through government.
In Bonfires of the American Dream, Daniel Shaviro develops these themes through close studies, in social context, of such classic novels and films as Atlas Shrugged, The Great Gatsby, It’s a Wonderful Life, and The Wolf of Wall Street. He thereby helps to provide a better understanding of what, apart from racism, has in recent years caused things to go so wrong culturally in America.
Daniel Shaviro, the Wayne Perry Professor of Taxation at NYU Law School, writes mainly about tax policy and inequality. Anthem Press published his well-regarded prior literary study, Literature and Inequality, in 2020.
June 23, 2022 in Book Club, Legal Education, Tax | Permalink
Book By Dan Markel's Mother: Murder, Grief, And The Trial
Ruth Markel, The Unveiling: A Mother's Reflection on Murder, Grief, and Trial Life (2022):
Ruth Markel is the mother of the late Dan Markel, a noted law professor who was murdered in Tallahassee, Florida in 2014.
In The Unveiling, she describes her experiences since the day of Dan’s death from several distinct perspectives:
- As a devastated mother with the unique human perspective of becoming a homicide survivor and victim.
- As a woman whose attempts to achieve normalcy and live a healthy life are continually interrupted by painful reminders, a rollercoaster of hearings, frequently changing trial dates, verdicts, and appeals.
- As an engaged citizen using what she has learned to help other victims of homicide and violent crimes recover from trauma and begin an optimistic outlook on life.
- As an insider who shows how our collective network of family, friends, and experts—including a murder coach—have helped her family remain involved, motivated, and hopeful.
- As a grandmother who had not been allowed to see her grandchildren in many years, she used advocacy to inspire the Florida State Legislature to pass a grandparent visitation bill.
- And as an experienced author of nine books using the written word to effectively address the shift from grief to promise.
June 23, 2022 in Book Club, Legal Ed News, Legal Education | Permalink
Thursday, June 16, 2022
Piketty Calls For 'Participatory Socialism': $150,000/Person Universal Inheritance, 'Confiscatory' Income And Wealth Taxes
New York Times, Thomas Piketty's Case For 'Participatory Socialism':
The French economist Thomas Piketty is arguably the world’s greatest chronicler of economic inequality. For decades now, he has collected huge data sets documenting the share of income and wealth that has flowed to the top 1 percent. And the culmination of much of that work, his 2013 book Capital in the Twenty-First Century, quickly became one of the most widely read and cited economic texts in recent history.
Piketty’s new book, A Brief History of Equality, is perhaps his most optimistic work. In it, he chronicles the immense social progress that the U.S. and Europe have achieved over the past few centuries in the form of rising educational attainment, life expectancy and incomes. Of course, those societies still contain huge inequalities of wealth. But in Piketty’s view, this outcome isn’t an inevitability; it’s the product of policy choices that we collectively make — and could choose to make differently. And to that end, Piketty proposes a truly radical policy agenda — a universal minimum inheritance of around $150,000 per person, worker control over the boards of corporations and “confiscatory” levels of wealth and income taxation — that he calls “participatory socialism.”
June 16, 2022 in Book Club, Scholarship, Tax, Tax Scholarship | Permalink
Sunday, June 5, 2022
WSJ Book Review: What Did Thomas Jefferson Really Think About God?
Wall Street Journal Book Review: ‘Thomas Jefferson’ Review: The Spirit Was Partly Willing, by Barton Swaim (Editorial Page Writer, Wall Street Journal) (reviewing Thomas S. Kidd (Baylor; Google Scholar), Thomas Jefferson: A Biography of Spirit and Flesh (2022)):
For most of the 20th century, historians and biographers adopted a reverential tone toward the American Founders. That, as readers of these pages will not need to be told, has changed. A half-century ago the typical scholar would have expressed sincere regret that Washington, Jefferson, Madison et al. had owned slaves and failed to live up to the Declaration’s promise of equality. But that scholar would also have acknowledged their courage, intellectual rigor, sagacity and political skill. In the 2020s, by contrast, the Founders’ principal accomplishments are the depredation of native lands and the composition of a now-obsolete Constitution. And every Founder, slave-owner or not, stands more or less guilty of the one sin from which, in the post-Christian code of morality, there is no hope of redemption: white supremacy.
It’s tendentious and sanctimonious and productive of much bad writing, that’s true. But the move away from veneration may bring collateral benefits. There was a time when influential historians and high-ranking Democratic politicians revered Thomas Jefferson because he embodied their ideals of freethinking skepticism and disregard for tradition. That time has passed. Jefferson was a great and accomplished man, whatever his severest detractors might say. But the revelation in 1998 that he sired several children by an enslaved servant has made his repellent views on the subject of race impossible for his admirers to play down or excuse. The reputation of Jefferson the Enlightenment Hero has suffered in turn. It’s hard to praise a man for his courageous heterodoxy, belief in man’s unaided capacity for reason, and support for French revolutionary violence when he also compared blacks to subhumans and spurned the poetry of Phillis Wheatley solely because she was black.
What we need is a balanced reassessment of Jefferson’s thought and attitudes on God and religion. Thomas S. Kidd, a professor of history at Baylor, gives us that in his crisply written life Thomas Jefferson: A Biography of Spirit and Flesh.
June 5, 2022 in Book Club, Faith, Legal Education | Permalink
WSJ Essay: Why Most Pastors Avoid Politics
Wall Street Journal Essay: Why Most Pastors Avoid Politics, by Ryan Burge (Baptist Pastor; Author, Twenty Myths About Religion and Politics in America (2022); and Assistant Professor of Political Science, Eastern Illinois University):
Rev. [Greg] Locke and Robert Jeffress ... are often raised up by critics as examples of how American Christianity has become overtly political, sparking a movement on social media to revoke the tax-exempt status of all U.S. churches.
In fact, research shows that only a very small fraction of American pastors invoke politics from the pulpit. The reason isn’t ministers’ fear of running afoul of the IRS, but instead a strategic calculation about their own careers and the future.
In 2019, I conducted a survey of 1,010 Protestant Christians asking them if they had heard their pastor discuss a list of 10 political issues from the pulpit over the previous year. The list ranged from simple encouragement to vote on election day to hot-button issues like abortion and gay rights. The survey showed that 30% had heard none of the issues discussed in church, while another 25% said they had heard only one. The most commonly mentioned issue was religious liberty, cited by 30% of respondents. Just a quarter of churchgoers said that they had heard a sermon about gay rights or abortion, and only 16% had ever heard Donald Trump’s name invoked from the pulpit.
June 5, 2022 in Book Club, Faith, Legal Education | Permalink
Sunday, May 29, 2022
NY Times Op-Ed: Work, Pray, Code — Work Is Replacing Religion In Silicon Valley (And Elsewhere)
New York Times Op-Ed: When Your Job Fills In for Your Faith, That’s a Problem, by Sean Dong (UC-Berkeley; Co-Director, Berkeley Center for the Study of Religion; Co-Author, Work, Pray, Code: When Work Becomes Religion in Silicon Valley (2022))
Plenty of writers have argued in recent years that work has become a false idol, with the office, not church, the place where many Americans now seek out meaning and purpose. As a sociologist of religion, I think these writers are right: Work is replacing — and in some cases, even taking the form of — religion among many of America’s professionals.
Between 2013 and 2018, I conducted over 100 interviews for my book “Work Pray Code.” Most of them were with tech workers based in Silicon Valley, people who told me over and over that their careers are “spiritual journeys” and their work is a “calling.” Many said they had become more spiritual, whole and connected after working in tech. Their workplaces were communities where they found belonging, meaning and purpose.
But as I discovered during my research, the gospel of work is thin gruel, an ethically empty solution to meet our essential need for belonging and meaning. And it is starving us as individuals and communities. ...
Worshiping work costs the rest of us, too. Today the theocracy of work increasingly governs life in other knowledge-industry hubs across America like Seattle, New York and Cambridge, Mass. It is hollowing out our faith communities and civic associations — the places where diverse groups of people hash out hard questions of moral value, the very questions that [people are] so hungry to engage with.
Across different faith traditions, clergy members in Silicon Valley say that their congregations are dwindling because people are too busy working. A few decades ago, a pastor told me, the typical member attended Sunday service and Sunday school most weeks. Today that member attends only Sunday service once a month, he said. And he is scraping for volunteers as never before.
May 29, 2022 in Book Club, Faith, Legal Education | Permalink
Sunday, May 22, 2022
Christianity And Constitutional Law
Nicholas Aroney (TC Beirne School of Law, University of Queensland; Google Scholar), Christianity and Constitutional Law:
This paper, written for the forthcoming Oxford Handbook on Christianity and Law, edited by John Witte and Rafael Domingo, explores the influence of Christianity on constitutional law. The paper begins by pointing out that modern constitutional law is the product of several important historical influences. These include elements of Greek philosophy, Roman law, Christian theology, and Enlightenment principles. Greek philosophy proposed a classification of the basic types of constitution and introduced the idea of the rule of law. Roman law contributed the legal concept of jurisdiction, which is an essential feature of contemporary constitutional law. Christian theology offered a conceptual framework in which the authority of civil government was effectively qualified by a higher natural or divine law, and in which the spiritual authority of the church posed a practical limit on the temporal powers of the civil authority. Christian theology also provided the context in which the powers of civil and ecclesiastical rulers were tempered through various means, including the administration of oaths of office and the issuing of charters guaranteeing the rights of religious, social, economic, and civil associations of many kinds. The principle of the separation of powers and the establishment of written constitutions enforced by judicial review, although associated with the Enlightenment, also owed a great deal to these earlier principles and practices. The paper surveys the contribution of each of these influences and argues that although the Greek, Roman, and Enlightenment contributions have been important, constitutional law would not be what it is today if it were not for the influence of Christianity.
May 22, 2022 in Book Club, Faith, Legal Education, Scholarship | Permalink
Saturday, May 21, 2022
The Data-Driven Answer To A Rich And Happy Life
New York Times Op-Ed: The Rich Are Not Who We Think They Are. And Happiness Is Not What We Think It Is, Either., by Seth Stephens-Davidowitz (Author, Don't Trust Your Gut: Using Data to Get What You Really Want in Life (2022)):
We now know who is rich in America. And it’s not who you might have guessed.
A groundbreaking 2019 study by four economists, “Capitalists in the Twenty-First Century,” analyzed de-identified data of the complete universe of American taxpayers to determine who dominated the top 0.1 percent of earners.
The study didn’t tell us about the small number of well-known tech and shopping billionaires but instead about the more than 140,000 Americans who earn more than $1.58 million per year. The researchers found that the typical rich American is, in their words, the owner of a “regional business,” such as an “auto dealer” or a “beverage distributor.” ...
What are the lessons from the data on rich earners?
First, rich people own. Among members of the top 0.1 percent, the researchers found, about three times as many make the majority of their income from owning a business as from being paid a wage. Salaries don’t make people rich nearly as often as equity does. ...
Second, rich people tend to own unsexy businesses. ...
The third important factor in gaining wealth is some way to avoid ruthless price competition, to build a local monopoly. The prevalence of owners of auto dealerships among the top 0.1 percent gives a clue to what it takes to get rich. ...
If pop culture is right, getting rich is a path to happiness. Is that true? Does money actually make people happy?
May 21, 2022 in Book Club, Legal Education | Permalink