Shows
Sub Deo et LegeEp. 32. In which we discuss proposed assisted suicide legislation for Virginia.Ep. 32. In which we discuss proposed assisted suicide legislation for Virginia.
2026-03-0946 min
Sub Deo et LegeEp. 31. In which we discuss legal essences and "religion" in a recent case.Ep. 31. In which we discuss legal essences and "religion" in a recent case.
2026-03-0548 min
Sub Deo et LegeEp. 30. In which we reflect on what Catholics believe about the roots of law and rights.Ep. 30. In which we reflect on what Catholics believe about the roots of law and rights.
2025-09-1147 min
Sub Deo et LegeEp. 29. In which we discuss a new moment of civic renewal in higher education with Lee Strang.Ep. 29. In which we discuss a new moment of civic renewal in higher education with Lee Strang.
2025-08-0650 min
Sub Deo et LegeEp. 28. In which we discuss establishment, disestablishment, conscience, and conformity with Prof. Nathan Chapman in connection with his co-authored book.Ep. 28. In which we discuss establishment, disestablishment, conscience, and conformity with Prof. Nathan Chapman in relation to his book with Prof. Michael McConnell.
2025-07-3053 min
Sub Deo et LegeEp. 27. In which we discuss Providence and godlessness in America with Professor Steven Smith in his new book.Ep. 27. In which we discuss Providence and godlessness in America with Professor Steven Smith in his new book.
2025-07-2253 min
Sub Deo et LegeEp. 26. In which we offer some guarded rapid reactions in real-time to the opinions on the last day of the Supreme Court’s term.Ep. 26. In which we offer some guarded rapid reactions in real-time to the opinions on the last day of the Supreme Court’s term.
2025-06-271h 23
Cross & Gavel Podcast192. The Death & New Life of Law and Religion — Marc O. DeGirolamiThis week, we have a special episode. One near and dear to my heart and my own intellectual history. It is a conversation with professor Marc O. DeGirolami on his piece published in the Oxford Journal of Law & Religion covering the life and death of law and religion. Read it here. In it, he takes us into the first wave of this movement and its advent forces with those like Harold Berman and John Witte, Jr., who took on the critical mantle of reacting to "the deconstruction of the American Christian legal heritage proceeding apace in the...
2025-06-181h 02
Legal SpiritsLegal Spirits 067: Confession and the Constitution
Washington State Gov. Bob Ferguson at the Signing Ceremony for the New Clergy Reporting Law
In this episode of Legal Spirits, we examine a new Washington State law that eliminates the clergy-penitent privilege in child abuse reporting. The law requires clergy to report suspected abuse, even if they learn about it through Confession and other confidential spiritual communications—raising serious questions under the Free Exercise Clause. Host Mark Movsesian and guest Marc DeGirolami discuss the legal framework, historical background, and broader implications for religious liberty. Listen in!
The post Legal Spirits 067: Confession and the Constitution appeared first on...
2025-05-2700 min
Sub Deo et LegeEp. 25. In which we discuss what a required Jurisprudence course in a Catholic law school just might be today.Ep. 25. In which we discuss what a required Jurisprudence course in a Catholic law school just might be today.
2025-05-1539 min
Sub Deo et LegeEp. 24. In which we go "old school" once again to discuss a new book by an old friend on the dark secrets of lethal injection.Ep. 24. In which we go "old school" once again to discuss a new book by an old friend on the dark secrets of lethal injection.
2025-05-0642 min
Sub Deo et LegeEp. 23. In which we reflect on the legal categories of status, conduct, belief, and message with an old friend.Ep. 23. In which we reflect on the legal categories of status, conduct, belief, and message with an old friend.
2025-04-2540 min
Sub Deo et LegeEp. 22. In which we discuss Section 25 of the Judiciary Act of 1789 and Calder v. Bull in light of an upcoming symposium in Connecticut.Ep. 22 In which we discuss Section 25 of the Judiciary Act of 1789 and Calder v. Bull in light of an upcoming symposium in Connecticut.
2025-04-1042 min
Sub Deo et LegeEp. 21. In which we reflect on ABA accreditation requirements and the semiotics of group academic letters.Ep. 21. In which we reflect on ABA accreditation requirements and the semiotics of group academic letters.
2025-04-0841 min
Sub Deo et LegeEp. 20. In which we converse with representatives of the Catholic Law faculty "youth movement" while they roam abroad presenting scholarly papers.Ep. 20. In which we converse with representatives of the Catholic Law faculty "youth movement" while they roam abroad presenting scholarly papers.
2025-03-2045 min
Sub Deo et LegeEp. 19. In which we discuss with Mary Catherine Martin what Virginia can learn from the process that led to Missouri's "Death Star" Amendment 3.Ep. 19. In which we discuss with Mary Catherine Martin what Virginia can learn from the process that led to Missouri's "Death Star" Amendment 3.
2025-03-1342 min
Sub Deo et LegeEp. 18. In which we consider whether Rahimi was right in relation to the rise of modern judicial review as explained by Prof. Christopher Wolfe.Ep. 18. In which we consider whether Rahimi was right in relation to the rise of modern judicial review as explained by Prof. Christopher Wolfe.
2025-03-0543 min
Sub Deo et LegeEp. 17. In which we welcome our Columbus Law colleague and friend Prof. Joel Alicea to discuss his forthcoming law review article, Bruen Was Right.Ep. 17. In which we welcome our Columbus Law colleague and friend Prof. Joel Alicea to discuss his forthcoming law review article, Bruen Was Right.
2025-02-2842 min
Sub Deo et LegeEp. 16. In which we commend lawyers to read Thomas Hobbes, and we acknowledge Charlemagne the Dog.Ep. 16. In which we commend lawyers to read Thomas Hobbes, and we acknowledge Charlemagne the Dog.
2025-02-1940 min
Sub Deo et LegeEp. 15. In which we confront the unconstitutionality of Virginia's current congressional districts under the Elections Clause.
2025-02-1339 min
Sub Deo et LegeEp. 14. In which we discuss prudence, precedents, principles, practices, purposes and more in the Floridian company of several appellate judges.
2025-02-1040 min
Sub Deo et LegeEp. 13. In which we reflect on acts of charity as exercises of Catholicism, wondering whether the law will catch up.
2025-01-2937 min
Sub Deo et LegeEp. 12 "In which we consider Professor Gerard Bradley's view that moral reasoning is an essential feature of constitutional adjudication, notwithstanding prominent views to the contrary.
2024-08-2840 min
Sub Deo et LegeEp. SDB 1 In which our first Sub Deo Bonus episode turns out to be an hour-long lecture by Kevin from 1L orientation.
2024-08-1858 min
Sub Deo et LegeEp. 11 In which we interview President Peter Kilpatrick about what freedom of speech and freedom of inquiry mean at The Catholic University of America.
2024-05-2840 min
Sub Deo et LegeEp. 10 In which Professor Samuel Bray joins us to discuss the permutations of the Catholic Intellectual Tradition's influence on the common law.
2024-05-2243 min
Sub Deo et LegeEp. 9 In which we reflect on an excellent (and stupendously large) new tome of essays on Christianity and law, giving some particular attention to a friend's contribution.
2024-05-1433 min
Sub Deo et LegeEp. 8. In which we discuss whether a proposed CLE on "Professional Responsibility for Catholic Lawyers" conflicts with ABA Model Rule 8.4(g) which conflicts with the First Amendment if so
2024-05-0734 min
Sub Deo et LegeEp. 7. In which Justice Scalia's advice to Christian law professors is considered, along with a sampling of Kevin's musical talents.
2024-04-2933 min
Sub Deo et LegeEp. 6 In which we discuss "method" in constitutional theory, as well as the experience of writing a NY Times opinion piece.
2024-04-1839 min
Sub Deo et LegeEp. 5: In which we compare two concrete sets of rules of legal ethics, in Aquinas' Treatise on Justice and in the Model Rules of Professional Conduct, reflecting on similarities and differences.In this episode, Kevin and Marc compare and contrast some of Aquinas's guidance on concrete ethical issues for lawyers and judges with what we find in the Model Rules of Professional Conduct and related provisions for judges.
2024-04-0131 min
Sub Deo et LegeEp. 4: In which "the two Thomases" are considered, as are a third Thomas' treatises on law and justiceIn this episode, Kevin and Marc discuss St. Thomas Aquinas' Treatise on Law and his Treatise on Justice in the Summa Theologiae, arguing that American law students are too often unjustly deprived of the insights of the latter. The better known Treatise on Law, they contend, is only adequately understood in the light of this other part of the Summa. Kevin and Marc also speculate about contemporary applications of the treatise to areas including the law of affirmative action, torts, crime, and more. Join us for this rangy Thomistic discussion!
2024-03-1835 min
Sub Deo et LegeEp. 3: In Which the Trump Case, Originalism, and St. Augustine's De Doctrina Christiana Are All PonderedIn this episode, Marc and Kevin reflect on the Trump ballot disqualification case, the fortunes of originalism and formalism at the Supreme Court, HLA Hart's internal point of view, and the importance of rules for interpretation of Scripture in St. Augustine's De Doctrina Christiana. Join us to see how it all comes together!
2024-03-0933 min
Sub Deo et LegeEp. 2: In Which We Discuss the Alabama Supreme Court's Ruling on IVF With a ColleagueIn this episode, Marc and Kevin welcome Elizabeth Kirk, Co-Director of the Center for Law and the Human Person, Research Associate and Lecturer at the Columbus School of Law, and a fine scholar of family law. We discuss the Alabama Supreme Court's recent ruling concerning the legal status of embryos outside the womb under Alabama's Wrongful Death Act and the Alabama Constitution. Join us!
2024-03-0532 min
Sub Deo et LegeEp. 1: In Which We Explain Why We Are HereIn this our first podcast, Marc De Girolami and Kevin Walsh describe what Sub Deo will be: a podcast about life, law, and learning in the Catholic Intellectual Tradition "under God." A different sort of legal academic podcast, by a different sort of law professor, meant for, as St. Augustine once put it, all wayfarers in this world on the long road to God.
2024-02-2831 min
Ordain and EstablishMaking Men Moral and Constitutional Interpretation Featuring: – J. Joel Alicea, Nonresident Fellow, AEI – Marc O. DeGirolami, Cary Fields Professor of Law, St. John’s University School of Law – Steven D. Smith, Warren Distinguished Professor of Law, University of San Diego – Thomas B. Griffith, Former Circuit Judge, US Court of Appeals for the DC Circuit
2023-12-171h 30Ordain and EstablishThe Role of Tradition in Constitutional Law Featuring: – Marc O. DeGirolami, Cary Fields Professor of Law, St. John’s University School of Law – Kevin C. Walsh, Professor of Law, The Catholic University of America Columbus School of Law – Ernest A. Young, Alston & Bird Professor of Law, Duke University School of Law
2023-03-1658 min
Constitutional ConventionsMarc DeGirolami on Religious Establishment and the American FoundingProf. Marc DeGirolami is the Cary Fields Professor of Law at St. John’s University School of Law, where he is also the co-director of the Center for Law and Religion. His research interests include law and religion, freedom of speech, constitutional law, jurisprudence, tort law, and criminal law. His book, The Tragedy of Religious Freedom, was published by Harvard University Press in 2013. Prof. DeGirolami joins Rob and Teddy to talk about the Establishment Clause and the role of religion in American public life.
2023-03-091h 00
Federalist Society Faculty Division PodcastsFirst Amendment Institutions - Faculty Book PodcastFirst Amendment Institutions�proposes a new approach to enforcing First Amendment laws by arguing that institutions who exercise First Amendment freedoms should have more autonomy to regulate their own affairs, as the courts and a “top-down rules� approach insufficiently account for the complexity of real-world situations. Author�Paul Horwitz�suggests that such an approach would enhance these institutions� role in social and political life, thus making the state a part of our social framework as opposed to an overbearing sovereign.Horwitz, the Gordon Rosen Professor of Law at the University of Alabama School of Law, is joined by critical...
2013-07-0831 min
Faculty Division BookshelfFirst Amendment Institutions - Faculty Book PodcastFirst Amendment Institutions proposes a new approach to enforcing First Amendment laws by arguing that institutions who exercise First Amendment freedoms should have more autonomy to regulate their own affairs, as the courts and a “top-down rules” approach insufficiently account for the complexity of real-world situations. Author Paul Horwitz suggests that such an approach would enhance these institutions’ role in social and political life, thus making the state a part of our social framework as opposed to an overbearing sovereign. -- Horwitz, the Gordon Rosen Professor of Law at the University of Alabama School of Law, is joined by critical commen...
2013-02-0831 min