Saturday, August 1, 2009

From the Blawgernacle - August 1, 2009

If you read legal blogs you know that they are often called "blawgs," an extremely unimaginative combination of the words "law" and "blog." Similarly, the Mormon portion of the Bloggosphere is often given the horrendous name "Bloggernacle." I don't know if there is a name for the legal corner of the Bloggernacle, but I'm calling it the  Blawgernacle until I can think of a better name.

I wanted to highlight a few good posts from the newly-christened Blawgernacle that have been posted in the last week. The first is by Geoff B. of Millennial Star about the Mormon angles of the Robert Bork Supreme Court nomination hearings. He mentioned a few interesting tidbits, including the fact that Bork and a young associate named Dallin Oaks helped end a "Jewish quota" at Kirkland & Ellis in Chicago. Geoff's article is here.

The second post of note is by Blawgernacle notable Nate Oman of Times & Seasons on "The Evolution of Excommunication." The development and interaction of LDS Church courts with the American legal system is on of Oman's areas of interest, but I thought this post was especially interesting. Oman looked at old Church Handbooks published in 1890, 1920, and 1940, and he identifies a shift in focus from remedying past wrongs to seeking the spiritual welfare of the individual. Anyone familiar with criminal legal theory will recognize that this shift is similar to the shift in criminal law from retribution or isolation to rehabilitation.  Oman's article is here.

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