2011 Conference Program (PDF) - Syracuse University College of Law

herself to view her criminal conduct not merely as acceptable, but a necessary part of her
professional obligation. The paper critiques Stewart’s arguments for this vision of the
‘lawyer for political outsiders,’ and exposes its contradictions and its costs. Co-authored
with Steven Lubet (not presenting).
Peter Bayer
Sacrifice and Sacred Honor: Why the U.S. Constitution is a Suicide Pact
1.9 Law and Religion
Contrary to the old adage, I argue that the U.S. Constitution is a “suicide pact.” By that I
mean the guarantee of “fundamental fairness” under the Constitution’s due process
clauses comprises the irreducible essence of both the purpose and the legitimacy of
American government. Accordingly, due process of law transcends and supersedes any
other American societal concern, even national security and public safety. The so-called
“Constitution of necessity” espoused by the George W. Bush presidency is wrong.
In support, I argue that “due process” is deontological. Based on modern analysis and
judicial decisions, due process’ deontology is best understood not as Lockean where
survival trumps all, but as Kantian where morality prevails. Due process now mirrors
Kant’s categorical imperatives, particularly the second formulation; that is, government
cannot act in ways that treat persons “merely as means” or otherwise offends their
essential dignity. In sum, fairness surpasses survival, and should.
Peter Danchin
Comparative and International Religious Freedom
My paper will focus on comparative constitutional and international protection for the
Free Exercise of Religion.
Mark Modak-Truran
The New Religious Pluralism and Religious Freedom
2.1 Boundaries and enemies of 'Irish' Justice
My paper will focus on explaining the relationship between law and religion in the West
as a gradual pluralization of religion and focus on the effects of the new religious
pluralism for interpreting the religion clauses of the First Amendment—The Religious
Pluralization Story.
Dr. Niamh Howlin
Boundaries of “Irish” Justice: Jury Trials in the Nineteenth Century
How Irish was the Irish justice system of the nineteenth century This paper will focus on
establishing the boundaries of Irish justice by focusing on jury trials. It will also consider
claims that Irish jurors were often partisan, favouring one side over another depending on
religious, political, or social divides.
The Irish system of jury trial was modelled on the English one, but over the years
adjustments had to be made to take account of the specific social, economic and political
conditions prevailing in Ireland. The widening of the jury franchise in the 1870s, coupled
with political agitation, augmented difficulties in securing convictions in criminal cases,
and gave rise to a perception that Irish juries were easily corruptible, partisan and
perverse.
What were the boundaries of Irish justice Were Irish jurors subversive, politicallyinfluenced,
and morally suspect And who were their enemies – the criminal defendants,
the wealthy civil litigants, the lawyers, the judges or the legal system more generally
!
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