A Resource for Strength and Direction

(Written by Nan Barker, WIL Committee chair.)

Members of the International Women in Law Committee have been participating in a leadership training program.  It includes reading, writing, mentoring, etc.  One of the assignments has been to read the second volume of "Life in the Law".

"Life in the Law" is a three volume set of talks given by a variety of people and compiled by the J. Reuben Clark Law School.  The first volume is entitled "Answering God's Interrogatories", the second is "Service and Integrity" and the third is "Religious Conviction". You can access all three volumes by going to this site: Life in the Law.

"Service and Integrity" is broken up into four sections: Be Ethical, Be Healers, Be Professional and Be Servants.  Talks were contributed by Justice Sandra Day O'Connor, Judge Thomas B. Griffith, Professor Cole Durham, Elder Neal A. Maxwell and Kenneth W. Starr, to name a few.

This month's assignment was to read "Be Healers".  The talks were insightful and grounding.  Some highlights for me from President James E. Faust's talk, "Be Healers" were the following:

"To be fully successful in the law, one does not have to be brilliant or exceptionally gifted.  The most effective work of the world is done by ordinary people who put forth extraordinary effort."

"The kind of a lawyer you are depends in large measure upon your character.  If you are going to point the way, you need to be more than skilled advocates  You need to be decent human beings trying to solve problems.  You need to be teachers as well as advocates and draftsmen."

"Before the wounds of injustice can heal, there must first come a feeling of peace.  So, in a sense, a lawyer who helps make peace becomes something of a healer."

Check out "Life in the Law".  You, and those with whom you associate, will benefit because of it.

Some Thoughts On Womanhood

(Written by Deborah Hendrickson, WIL Committee vice-chair.)

I was recently studying and preparing to present a lesson on “The Divine Nature of Womanhood”.  As is usually the case, I am sure that I  learned more through my preparation than anyone who heard the lesson I presented.  

Some of the quotes that I came across seemed particularly insightful about women and I wanted to share a few of them.

First, the importance of being there for each other as women:

To be sisters implies that there is an unbreakable bond between us. Sisters take care of each other, watch out for each other, comfort each other, and are there for each other through thick and thin. The Lord has said, “I say unto you, be one; and if ye are not one ye are not mine.

The adversary would have us be critical or judgmental of one another. He wants us to concentrate on our differences and compare ourselves to one another. You may love to exercise vigorously for an hour each day because it makes you feel so good, while I consider it to be a major athletic event if I walk up one flight of stairs instead of taking the elevator.  We can still be friends, can’t we?

Bonnie Isaacson, “Sisterhood:  Oh How We Need Each Other”, April 2014, Ensign Magazine

Second, regarding decisions about motherhood, family, education and career:

These are very emotional, personal decisions, but there are two principles that we should always keep in mind. First, no woman should ever feel the need to apologize or feel that her contribution is less significant because she is devoting her primary efforts to raising and nurturing children. Nothing could be more significant in our Father in Heaven’s plan. Second, we should all be careful not to be judgmental or assume that sisters are less valiant if the decision is made to work outside the home. We rarely understand or fully appreciate people’s circumstances. Husbands and wives should prayerfully counsel together, understanding they are accountable to God for their decisions.

.  . . I would hope that Latter-day Saints would be at the forefront in creating an environment in the workplace that is more receptive and accommodating to both women and men in their responsibilities as parents.

Neil L. Andersen, “LDS Women Are incredible! “, April 2011, Ensign Magazine

And finally an uplifting message from Gordon B. Hinckley, past President and Prophet of the Church of Jesus Christ of Latter Day Saints:

 Of all the creations of the Almighty, there is none more beautiful, none more inspiring than a lovely daughter of God who walks in virtue with an understanding of why she should do so, who honors and respects her body as a thing sacred and divine, who cultivates her mind and constantly enlarges the horizon of her understanding, who nurtures her spirit with everlasting truth. 

 Gordon B. Hinckley, “Our Responsibility to Our Young Women,” Sept. 1988, Ensign Magazine

Orange County Religion and the Law Symposium

(Written by Desiree Nordstrom.)

The Tenth Annual Orange County Religion & the Law Symposium was held March 20, 2014 at Chapman University Dale E. Fowler School of Law in Orange, California.  This year’s Symposium was titled, “Rights of Conscience vs. Same-Sex Rights: Religious Liberty in the Post-Prop. 8 Environment.”

This event was sponsored by the J. Reuben Clark Law Society (Orange County Chapter), along with a number of co-sponsoring organizations, including Chapman Law School, the Christian Legal Society (both Orange County and Los Angeles Chapters), the Federalist Society (Orange County Lawyers Chapter), Jewish Federation & Family Services of Orange County, the Orange County Jewish Bar Association, Pepperdine University School of Law, the St. Thomas More Society of Orange County, Trinity Law School, Western State College of Law and Whittier Law School.

The program for the Symposium was a debate format in which the speakers, Prof. John C. Eastman and Prof. Lawrence E. Rosenthal, had a friendly and entertaining exchange.  Both speakers were highly qualified and engaging.  Prof. Eastman is the current Chair of the National Organization for Marriage and a Professor teaching constitutional law at Chapman Law School.   Prof. Rosenthal is also a Law Professor at Chapman Law School where he teaches civil rights and constitutional law.  Significantly, both speakers previously served as Law Clerks to Justices of the U.S. Supreme Court.

Prof. Eastman and Prof. Rosenthal discussed numerous cases that have recently arisen when the definition of marriage has collided with the free exercise of religion.  These cases have involved, for example, a photographer who refused to photograph a same-sex wedding on religious grounds, a florist and a baker who similarly refused to provide their services for same-sex weddings, and a physician who refused to perform certain in vitro fertilization services for a same-sex couple.  The Professors not only debated about what is the current state of the law on these subjects, but also about where they believed the law was and should be heading.       

Jeff Shields, an Orange County attorney who served as the Moderator for the program said, “The importance of addressing these topics cannot be overemphasized, as the conflicts between same-sex rights and free exercise of religion rights will surely only continue to grow and loom larger in the future.”

There were approximately 150 in attendance at the Symposium from a wide variety of backgrounds, including judges, attorneys, professors, religious and community leaders, students and more. The Symposium was a great forum to have a dialogue about important legal and religious topics.

One of those in attendance was Brent North, current Chair of the OC Chapter of the J. Reuben Clark Law Society, who observed that “[i]n a world where finger pointing and fear mongering pass for deliberation, it was good to see these important issues discussed respectfully from both sides of the aisle.  The right to define marriage and the right to the free exercise of religion do not have to be mutually exclusive rights.  The panel did a great job of exploring the borderlands where these rights meet.”

Enlightenment and Confirmation

(Written by Nan Barker, International WIL Committee chair.)

Members of the International WIL Committee have been participating in a leadership program for the past few months. One aspect of that program has been the requirement to read the book Life in the Law--Service and Integrity.  Life in the Law is a compilation of talks given at Law Society or BYU events. This month's assignment was to read the first 52 pages--the section called "Be Ethical".

I began reading. I tend to be one of those people who follows the rules and does what she's asked to do. I had never read any of the book before. I felt like I was reading it now to complete an assignment, which was true.

I was remarkably impressed, within the first few pages, to discover that I was enjoying myself and learning.  Let me share a little bit about what I experienced.

The second talk, given by Cree-L Kofford, entitled "A Restatement of Contracts", included these enlightening and confirming words:

Cree-L Kofford

The law, like the Lord, knows we are individuals unique among all individuals, and the law can provide for those individual differences….The law does not offer a "one size fits all" opportunity. Rather, it seeks to meet our abilities, our interests, our desires, and our circumstances, for only then are we able to contribute to its continued vibrancy… 

All choices are more a function of (1) what you are, (2) what your circumstances are, and, therefore, (3) what your desires are than of your (a) grade point average, (b) class standing, or (c ) what someone else thinks you can our ought to do.

The simple fact is that you have the ability to design your own practice. All that is needed if you are to be successful is that your design is true to who and what you are and…what your circumstances require.

As I was reading this talk I kept finding myself saying "Yes, yes, that's exactly right!" I guess doing your homework really does matter and really can help you.

Religious "Headlines" Throughout the World

The International Center for Law and Religion Studies (ICLRS) provides an amazing service on a daily basis.  Donlu Thayer, the managing editor for print and electronic publications (who is also a remarkable and delightful woman), creates this list, which is called Headlines.

Whether you are interested in glancing at the headlines, want to follow a particular issue throughout the world or want to follow what is happening in just one country, this is the place to start. Headlines provides headlines plus the link to the source.

Below is an example of what is available. The information below was taken from the December 8, 2013 Headlines. (You can find an entire Headlines at http://www.iclrs.org/common/headline.php?contentId=1674.)

International Headlines

Interfaith harmony: Pakistan President urges clerics to promote sectarian tolerance (APP, The Express Tribune)

Muslims are having fewer children than you might think (Brian J. Grim, the Weekly Number)

Malaysia: Egyptian Muslims treasure history, why can't we? (Malaysiakini)

Oxford Journal of Law and Religion, Volume 2, Number 2 now available

Guestview: The emerging role of religion in Egypt (Grand Mufti Shawky Allam, Reuters FaithWorld)

Unofficial English translation of Egypt's new draft constitution now available (Howard Friedman,Religion Clause)

Netanyahu says recognition of Jewish state is ‘minimal requirement for peace’ (Michael Eilner, Herb Keinon, The Jerusalem Post)

Malaysia: Islam to be religion of federation, says Najib (New Straits Times)

Malaysia: 'Make Sunni Islam official religion' (New Straits Times)

Corruption scandal: Pakistan Supreme Court orders action in Hajj scam case (The Express Tribune)

Abraham's children: A quarrelsome, thoughtful family (B.C., The Economist [Erasmus: Religion and public policy])

Europe Headlines

EVENT, 13-14 December 2013: Christianity and Freedom: Historical and Contemporary Perspectives (Berkley Center for Religion, Peace & World Affairs, Georgetown University [held in Rome, Italy])

Caesarean Escalation, Judges on Human Rights and Happy Birthday – the Human Rights Roundup (Sarina Kidd, UK Human Rights Blog)

The Church and asylum: “So I went knocking on all the doors of powerful people in Brussels’’(Johanna Touzel, EuropeInfos: Christian Perspectives on the EU)

Religion and law round-up – 8th December (Frank Cranmer, Law & Religion UK)

Clergy employment and Sharpe v Worcester DBF (Frank Cranmer, Law & Religion UK)

Muslim vigilantes jailed for 'sharia law' attacks in London (Sam Jones, The Guardian)

One of the oldest mosques in Russia returned to faithful (AsiaNews.it)

France: Muslim woman sues over burqa ban (Soeren Kern, Gatestone Institute)

Turkish leaders want to convert the Hagia Sophia back into a mosque (Jacob Resneck, Religion News Service)

United States Headlines

Culture wars: Holiday struggle over public spaces still very much alive (+video) (Harry Bruinius,The Christian Science Monitor)

Holiday displays at Wisconsin Capitol include Festivus pole, atheists' nativity scene (Scott Bauer, Associated Press, Star Tribune)

Atheist banner joins religious displays at Fla. capitol (Jessica Palombo, WFSU)

Empire, Religion and Revolution in Early Virginia, 1607-1786 (Rothermere American Institute)

Ohio Amish girl won't be forced to renew chemo (John Seewer, Associated Press, MSN News)

ACLU file complaint over high school choirs singing in church concert (GreatFalls Tribune)

Dallas theater called to task for blasphemy against Virgin Mary, Bible (Christian News Wire)

Police seek public help to find shooter of Amish horse (Amish America)

Judge orders Colorado baker to serve gay couples (Ivan Moreno, AP, NBC News)

Colorado Civil Rights Commission initial decision holds bakery violated law in refusing cake for same-sex wedding (Howard Friedman, Religion Clause)

“Merry Christmas,” the “plastic reindeer rule,” and all that (Richard Ostling, Patheos Blog: Religion Q&A)   

If you are interested in subscribing to daily Headlines please go to http://www.iclrs.org/common/user.profile.php?action=subscribe.

Hannah Smith & Gayla Sorenson Teach About Religious Freedom

Hannah Smith

Hannah Smith and Gayla Sorenson are teaching us about what freedom of religion is all about in a recent video production by the LDS church.

Hannah Smith, a former WIL Committee member, is Senior Counsel for The Becket Fund for Religious Liberty.

Gayla Sorenson, a long time JRCLS member, is a Senior Fellow for the International Center for Law and Religion Studies (ICLRS).

The video can be found at:    http://www.mormonnewsroom.org/article/religious-freedom-resources?cid=HPTH091213097  and opening up the third video which is entitled "What is Freedom of Religion".

Gayla Sorenson

Both women share wonderful information. Hannah explains the issue and the concerns associated with religious freedom. Gayla then goes on to share with us ways we can get involved.

Gayla encourages us to volunteer with any organization. If we do, when the issue of religious freedom arises, we will already be integrated into the group and our credibility will have already been established. At that point we can help them make wise decisions about religious freedom. She stated that "we don't know when or where the issue is going to come up...but the Lord does and He is going to help us be in a position to make a difference".

I encourage each of us to watch not only the video highlighting Hannah and Gayla, but all three of the videos. We will then be better informed and in a better position to make a difference with regard to this critical issue of religious freedom.

Affirmatively Choosing To Do Things That Are Good

(These excerpted remarks are taken from a talk given by Justice Sandra Day O'Connor at the JRCLS 2008 Annual Fireside.)

The remarks below are taken from a talk entitled "On Being Ethical Lawyers".  Justice O'Connor gave two examples of attorneys who were put in difficult ethical circumstances: one, a criminal defense attorney, who didn't stop a prosecutor from possibly altering evidence; and another, a transactional attorney, who was asked to do things that were not consistent with the spirit of the law.

Justice O'Connor gave some words of advice to those of us who may find ourselves in similar, difficult circumstances. 

There are at least two important parts to being an ethical lawyer. First, as an ethical lawyer, you must refrain from doing things that are wrong. I trust that all of you who are listening will do that without more encouragement on my part. I want to focus on the second part of being an ethical lawyer. An ethical lawyer must affirmatively choose to do things that are good. I think you will find out as you enter practice that this second part will pose the greater challenge to you.

[Y]ou cannot let yourself forget that you are an officer of the court and that you are dedicated first to truth and justice.

The hardest thing you must accept as an ethical, moral lawyer is that it is not your job to win for your client at all costs. You are an officer of the court; that means that one of the costs you must never pay is to put the law to one side. No matter how much it may prejudice your client, you must never advise him—either through action or inaction—to break the law or tell an untruth.

[I]f you are not vigilant about those crucial moments, if you let silence reign when you must speak up, even the best-intentioned of us might find ourselves in an unspeakable dilemma.

It is a heavy responsibility that is placed on your shoulders when you become an officer of the court. We ask for your vigilance, not only in the courtroom but out of it. We ask for your constant fidelity to the law. We ask you to do and say things that could make you very unpopular, perhaps with the people who are paying your salary. We demand that each and every one of you stand for truth and the rule of law, no matter the personal consequences.

[Y]ou must make up your mind well in advance that you will speak up instead of being silent. I know you are all capable not only of refraining from wrongdoing but also of doing and saying what is right.

These words of advice can not only help us in our professional conduct, but also in our personal conduct. Thank you, Justice O'Connor.

You can view the entire talk at:   http://www.jrcls.org/publications/clark_memo/sections/s08/cmS08_oconnor.pdf.

For Such a Time As This

(Written by Nan Barker, WIL Committee chair.)

Why did you go to law school?  Did you feel like it was something the Lord wanted you to do?  If so, why?

Why are you practicing--or not practicing-- law?  Do you feel like you're doing what the Lord wants you to do?  If so, why?

Bill Atkin, associate general counsel for the LDS church, gives a presentation that focuses on the idea that people who go to law school, go for a reason--a reason the Lord knows--a reason we are supposed to discover and then fulfill.

Spencer W. Kimball, a past president and prophet of the LDS church stated:

Much of the major growth that is coming to the Church in the last days will come because many of the good women of the world (in whom there is often such an inner sense of spirituality) will be drawn to the Church in large numbers. This will happen to the degree that the women of the Church reflect righteousness and articulateness in their lives and to the degree that the women of the Church are seen as distinct and different--in happy ways--from the women of the world.

Righteous, articulate women.  To me that sounds like women of faith who have been trained in the law.

Queen Esther was put in a place, at a specific time, for a specific reason.  Her people were going to be killed.  She was in a position to save them. Her uncle told her,  "Who knoweth whether thou art come to the kingdom for such a time as this". Esther 4:14

Maybe you went to law school for such a time as this.

Maybe you're practicing, where you're practicing and with whom you're practicing, for such a time as this.

Maybe you needed your legal training, even though you're not practicing, for such a time as this.

I encourage you to find out why the Lord wants you, with the training you've received, where you are today.

International Center for Law and Religious Studies Needs . . . YOU

A wonderful opportunity has been given to us!

We have been asked to help out the International Center for Law and Religious Studies (www.iclrs.org) of the J. Reuben Clark Law School.  The Center's mission is to "help secure the blessings of freedom of religion and belief for all people".  It has "emerged as a recognized leader in the field of religious rights, both at the national level in the United States and internationally".

In collaboration with a sister organization based in Milan, the International Consortium for Law and Religion Studies (www.iclars.org), the Center will be compiling and editing entries for an Encyclopedia of Law and Religion, to be published in early 2014 by Koninklijke Brill NV (Netherlands).  Scholars from 200 countries throughout the world are going to be contributing the articles describing the religious views, conditions, policies, etc. of their countries.

The language of the publication is English, but many of the articles are being written by people who do not speak English as a first language.  If English is your native tongue, YOU are needed to help edit and polish the language of those submitted articles.  They will range in length from 5-20 pages.  The first round of articles is due from the contributors in June.

If you decide you'd like to help, and we certainly hope you do, you would receive an article (you can choose the length and possibly even the country) and would then have 2-3 weeks to edit and return it. Our hope is that this work will be rewarding, involving interesting content and the opportunity for interactions with scholars from many parts of the world.

How does that sound?  I hope your answer is...

GREAT  or . . .

I  CAN'T  WAIT  or . . .

RUSH  ME  AN  ARTICLE!

If you want to participate, please email me, Nan Barker, at nanbarker@gmail.com.

Thanks!

Should You Be a "Contender" or Not

(Written by Nan Barker, WIL Committee chair.)

Why wouldn't you want to be a contender?

Definitions of a contender include: a rival, the contestant you hope to defeat, a competitor for a championship or high honor.

Being a contender is usually viewed as a good thing.  It means you have excelled in your field, whatever that field is.  So, why is this article entitled "Should You Be a Contender or Not"?

In the most recent General Conference of the LDS Church (www.lds.org/general-conference/sessions/2013), one of the last Sunday speakers was Elder Enrique R. Falabella, from Guatemala.  As the basis for his talk he used six of his wife's mottos. One of them was:

In order to contend you need two people, and I will never be one of them.

A contender contends, which is defined as: to strive in opposition, to struggle, to debate, to dispute, to compete, to vie, etc.

Elder Falabella explained that the Lord has described attributes to guide people in dealing with others, including "persuasion, long-suffering, gentleness, meekness and love unfeigned" (Doctrine & Covenants 121:41).

The lists are pretty different, aren't they?  As attorneys, which list should we follow? Should there be one list for the office and one for the home? My initial response is no.  We should be consistent.  We should take the long-suffering approach.

But then again, aren't we as attorneys being paid to debate and to dispute?  Can we be effective attorneys if we follow Doctrine & Covenants 121:41?

Let me know what you think.