Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-05-16T03:58:23.227Z Has data issue: false hasContentIssue false

Higher Law: Can Christian Conservatives Transform Law Through Legal Education?

Published online by Cambridge University Press:  01 January 2024

Abstract

The allure of law schools as transformative institutions in the United States prompted Christian Right leaders to invest in legal education in the 1990s and early 2000s. The aspiration was to control the training of lawyers in order to challenge the secular legal monopoly on law, policy, and culture. In this article, we examine three leading Christian conservative law schools and one training program dedicated to transforming the law. We ask how each institution seeks to realize its transformative mission and analyze how they organize themselves to produce the kinds of capital (human, intellectual, social, cultural) needed to effectively change the law. To do so, we develop a typology of legal institution-building strategies (infiltration, supplemental, and parallel alternative) to compare the relative advantages and disadvantages of institutional forms. We conclude by discussing implications of our findings for those looking to law schools as sites of broader transformation within the law.

Type
Articles
Copyright
© 2018 Law and Society Association.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

This article was produced in part with the support of the National Science Foundation's Law and Social Sciences division (Award numbers 1551871 and 1551863), Pomona College's Hirsch Research Initiation Grant, and the University of Denver's Professional Research Opportunities for Faculty Grant, Faculty Research Fund Grant, and Sabbatical Enhancement Award. Thank you to all the colleagues who provided helpful comments on various iterations of this article, with special thanks to Susan Sterett for her patience with the development of this article.

Please direct all correspondence to Joshua C. Wilson, Department of Political Science, Sturm Hall, 2000 E. Asbury Ave., Denver, CO 80208; e-mail: joshua.c.wilson@du.edu; or Amanda Hollis-Brusky, Politics Department, 425 N. College Ave, Claremont, CA 91711; e-mail: amanda.hollis-brusky@pomona.edu.

References

References

American Bar Association (2016) “2016 August Ave Maria School of Law Public Notice of Specific Remedial Action.” August 2016.Google Scholar
Anderson, Lisa (2007) “Falwell Saw Law School as Tool to Alter Society,” Chicago Tribune May 21, 2007, sec. E.Google Scholar
Arthur, James (2006) Faith and Secularisation in Religious Colleges and Universities. New York: Routledge.CrossRefGoogle Scholar
Balkin, Jack M. (2001) “Bush v Gore and the Boundary Between Law and Politics,” 110 The Yale Law J. 1407–58.CrossRefGoogle Scholar
Bennett, Daniel (2017) Defending Faith: The Politics of the Christian Conservative Legal Movement. Lawrence, KS: Univ. Press of Kansas.CrossRefGoogle Scholar
Berger, Mitchell (2001) “Why the ‘U.S. News and World Report’ Law School Rankings are Both Useful and Important on JSTOR,” 51 J. of Legal Education 487502.Google Scholar
Brauch, Jeffrey A. (1999) Is Higher Law Common Law? Readings on the Influence of Christian Thought in Angle-American Law. New York, NY: Fred B. Rothman and Co.Google Scholar
Dinovitzer, Ronit (2006) “Social Capital and Constraints on Legal Careers,” 40 Law & Q11Society Rev. 445480.Google Scholar
Den Dulk, Kevin R. (2006) “In Legal Culture, But Not Of It: The Role of Cause Lawyers in Evangelical Legal Mobilization,” in, Sarat, Austin, & Scheingold, Stuart, edsCause Lawyers and Social Movements. Stanford: Stanford Univ. Press. 197219.CrossRefGoogle Scholar
Epp, Charles R. (1998) The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective. 1st ed. Chicago: Univ. of Chicago Press.CrossRefGoogle Scholar
Flaherty, Colleen (2016) “George Mason Faculty Senate Asks University to Hold off on Koch-Funded Law School Renaming.” Insider Higher Ed, May 5, 2016. Available at: https://www.insidehighered.com/news/2016/05/05/george-mason-faculty-senate-asks-university-hold-koch-funded-law-school-renaming. Accessed September 6, 2018.Google Scholar
Flaherty, Colleen (2018) “Koch Agreements with George Mason Gave Foundation Role in Faculty Hiring and Oversight.” Insider Higher Ed, May 1, 2018. Available at: https://www.insidehighered.com/news/2018/05/01/koch-agreements-george-mason-gave-foundation-role-faculty-hiring-and-oversight. Accessed September 6, 2018.Google Scholar
Hankins, Barry (2008) Francis Schaeffer and the Shaping of Evangelical America. Library of Religious Biography. Grand Rapids: William Beerdmans Publishing Co.Google Scholar
Hollis-Brusky, Amanda (2011) “Support Structures and Constitutional Change: Teles, Southworth, and the Conservative Legal Movement,” 36 Law & Social Inquiry 516–36.CrossRefGoogle Scholar
Hollis-Brusky, Amanda (2013) “It's the Network: The Federalist Society as a Supplier of Intellectual Capital for the Supreme Court,” 61 Studies in Law, Politics, and Society 137–78.CrossRefGoogle Scholar
Hollis-Brusky, Amanda (2015) Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution. New York: Oxford Univ. Press.Google Scholar
Irons, Peter (1993) The New Deal Lawyers. Princeton: Princeton Univ. Press.Google Scholar
Jack, Rand (1989) Moral Vision and Professional Decisions: The Changing Values of Women and Men Lawyers. New York, NY: Cambridge Univ. Press.CrossRefGoogle Scholar
Johnson, Kimberley (2010) Reforming Jim Crow: Southern Politics and State in the Age Before Brown. New York, NY: Oxford Univ. Press.CrossRefGoogle Scholar
Kalman, Laura (1996) The Strange Career of Legal Liberalism. New Haven: Yale Univ. Press.Google Scholar
Kluger, Richard (2004) Simple Justice: The History of Brown v Board of Education and Black America's Struggle for Equality. New York, NY: Knopf-Doubleday.Google Scholar
Larimer, Sarah (2018) “George Mason President: Some Donations ‘fall Short’ of Academic Standards.” The Washington Post, April 28, 2018, sec. Education.Google Scholar
Levinthal, Dave (2015) “Spreading the Free-Market Gospel.” The Atlantic, October 30, 2015.Google Scholar
Lewin, Tamar (2003) “A Catholic College, A Billionaire's Idea, Will Rise in Florida.” The New York Times, February 10, 2003.Google Scholar
Mayer, Jane (2016) Dark Money: The Hidden History of the Billionaires Behind the Rise of the Radical Right. New York, NY: Anchor Press.Google Scholar
Miller, John J. (2006) A Gift of Freedom: How the John M. Olin Foundation Changed America. New York, NY: Encounter Books.Google Scholar
Patrice, Joe (2018) “ASSLaw Update: University President Finally Forced To Admit That Donation ‘Falls Short’ Of Academic Standards.” ABOVE THE LAW (blog), May 1, 2018. Avaialable at: https://abovethelaw.com/2018/05/asslaw-update-university-president-finally-forced-to-admit-that-donation-falls-short-of-academic-standards/. Accessed September 6, 2018.Google Scholar
Rice, Charles (1999) 50 Questions on the Natural Law: What It Is and Why We Need It. San Francisco, CA: Ignatius Press.Google Scholar
Ringenberg, William C. (2006) The Christian College: A History of Protestant Higher Education in America. East Fulton Road Ada, MI: Baker Academic Press.Google Scholar
Sarat, Austin, & Scheingold, Stuart A. (2006) Cause Lawyers and Social Movements. Stanford: Stanford Law and Politics.CrossRefGoogle Scholar
Scheingold, Stuart A., & Sarat, Austin (2004) Something to Believe In: Politics, Professionalism, and Cause Lawyering. Stanford: Stanford Law and Politics.Google Scholar
Schutt, Micahel P. (2007) Redeeming Law: Christian Calling and the Legal Profession. Westmont, Illinois: Intervarsity Press.Google Scholar
Silverstein, Gordon (2009) Law's Allure: How Law Shapes, Constrains, Saves and Kills Politics. New York: Cambridge Univ. Press.CrossRefGoogle Scholar
Southworth, Ann (2008) Lawyers of the Right: Professionalizing the Conservative Coalition. Chicago: Univ. of Chicago Press.CrossRefGoogle Scholar
Taylor, Kate (2016) “The Domino's Pizza Founder Created a Catholic ‘Paradise’ Town with No Birth Control or Pornography.” Business Insider January 11, 2016.Google Scholar
Teles, Steven (2008) The Rise of the Conservative Legal Movement: The Battle for Control of the Law. Princeton: Princeton Univ. Press.CrossRefGoogle Scholar
Tushnet, Mark (1987) The NAACP's Legal Strategy Against Segregated Education, 1925–1950. Chapel Hill, NC: Univ. of North Carolina Press.CrossRefGoogle Scholar
Wilcox, Clyde, & Robinson, Carin (2011) Onward Christian Soldiers: The Religious Right in American Politics. New York, NY: Routledge.Google Scholar
Williams, Daniel (2010) God's Own Party: The Making of the Christian Right. New York: Oxford Univ. Press.CrossRefGoogle Scholar
Wilson, Joshua, & Hollis-Brusky, Amanda (2014) “Lawyers for God & Neighbor: The Emergence of ‘Law as a Calling’ as a Mobilizing Frame for Christian Lawyers,” 39 Law and Social Inquiry 416–48.CrossRefGoogle Scholar
Yanow, Dvora (2003) “Interpretive Empirical Political Science: What Makes This Not a Subfield of Qualitative Methods.” 1 Qualitative Method Newsletter of the American Political Science Association Organized Section on Qualitative Methods 2: 913.Google Scholar

Interviews Cited

Afield, Ted. Naples, FL. April 21, 2015.Google Scholar
AMSL Administrator 1. Naples, FL. April 21, 2015a.Google Scholar
AMSL Administrator 2. Naples, FL. April 21, 2015b.Google Scholar
Blackstone Administrator 1. Scottsdale, AZ. December 16, 2015.Google Scholar
Blackstone Administrator 2. Scottsdale, AZ. December 16, 2015.Google Scholar
Castro, Kaye. Naples, FL. April 22, 2015.Google Scholar
Liberty Administrator/Faculty. Lynchburg, VA. April 14, 2015Google Scholar
Liberty Faculty. Lynchburg, VA. April 13, 2015.Google Scholar
Mikochik, Steven. Naples, FL. April 22, 2015.Google Scholar
Regent Administrator. Virginia Beach, VA. April 16, 2016.Google Scholar
Regent Administrator/Faculty Interview. Virginia Beach, VA. April 16, 2016.Google Scholar
Titus, Herb. Virginia Beach, VA. April 12, 2016.Google Scholar