Would Alan Dershowitz Be Hired to Teach Law at a Catholic Law School? Catholicizing, Neo-Brandeising, and an American Constitutional Policy Response

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Seattle University Law Review


This Article examines the impact of the Catholic identity movement on Jewish law faculty. The existence and roles of Jewish law professors at Catholic law schools appear uncertain. Academic freedom in a new doctrinaire climate appears weakened. Also, the Catholic identity movement seeks to limit the number of non-Catholics on law school and university faculties. The Article focuses on Jewish faculty because the authors can only gauge the impact of Ex Corde Ecclesiae on themselves and other Jewish faculty. The authors remain sensitive to the potential impact of Ex Corde Ecclesiae on all non-Catholic law faculty, but the authors also remain uncertain how a Christian legal document will impact non-Catholic Christians. The authors focus on the Jewish experience because the Jewish experience has traditionally been a disastrously vulnerable one in the context of Christian society. In this light, this Article examines the impact of the Catholic identity movement on Jewish law faculty. The Article will discuss the religious and demographic regimentation of Catholic universities and law schools. The Article will continue by examining the implications for Jewish law professors of the Catholic identity movement, including the risks of a reemerging Jewish quota. Last, the Article will utilize the educational philosophy reflected in Rosenberger v. Rector and Visitors of University of Virginia" to respond to the problems facing Catholic law schools and Jewish law professors.

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Publication Date

Fall 1999