For most of the second half of 20th century, the Supreme Court has wrestled with finding a balance between the Free Exercise of religion and the Establishment Clause, offering several tests to test the limits of permissible accommodation without the undue appearance of government endorsement. Among those tests has been a little-thing called the "play in the joints," famously introduced in Walz v. Tax Commissioner of New York (1970). In this episode, I explore this concept with Falco Anthony Muscante II, whose paper in the Ave Marie Law Review is called "Play in the Joints" Among the Religion Clauses: Rebuilding the Strong Joints the Framers Formed.

In our conversation, we discuss the history of the religious clause and what the framers intended, how the concept emerged and became weaponized in Locke v. Davey (2003), why the Court has latched on to the idea of state neutrality and how that impacts religion, and more.

Falco Anthony Muscante II earned his J.D. in 2023 from the Duquesne University School of Law, where he served on the executive boards for the Law Review and Appellate Moot Court Board. He is an alumnus of Grove City College, where he graduated summa cum laude with a B.S. Management, minor in Pre-Law, and concentration in Human Resources. Falco is a litigation associate at a big law firm in Pittsburgh, Pennsylvania, soon headed to clerk for the Third Circuit.

Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento

The Foundations Series is a new web content venture from CLS aimed at helping Christian law students transition from 3Ls to first-year associates. It features Christian practitioners skilled in the integration of faith and practice, offering guidance in conversation with students at the early stages of their legal development.

My guests today are Joe Ruta and Stephen Lyon. Joe is a Partner of Ruta, Soulios, & Stratis LLP. He is outside general counsel to over 30 corporations ranging from startups to public companies as well as not-for-profits. For more.

Stephen is a deputy assistant public defender working in Connecticut. For more.

Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Chris Zabriskie.

The recent publication of Melissa Moschella's Ethics, Politics, and Natural Law has renewed interest in the application of natural law to human flourishing. A topic that has undergone a resurgence among not only Catholics, but also Protestants with seminal publications from those like David VanDrunen, Micah Watson, and Andrew T. Walker. Seeing students engaging in this tradition has been rewarding and today I speak to one of those students, Josiah Wolfe, and his article in the Campbell Law Observer entitled, Natural Law and Its Discontents.

We talk about the early stages of his interest in the topic, whether he's seeing the natural law in his assignment, how he approaches Aquinas and law, the relationship between legislation and divine ordinance, and much more.

Josiah is a second-year law student at Campbell University School of Law and is a Staff Writer for the Campbell Law Observer. He grew up in North Carolina and graduated summa cum laude from Charter Oak College with a B.S. in Business Administration. He was also a CLS Fellow in 2024.

Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.

A popular refrain from both the left and the right in American society is one concerning the importance of liberty for the flourishment of their respective communities. But what does true freedom look like and, perhaps more importantly, how does one come to attain it and then keep it in a world like our own. This week, I am joined by Brad Littlejohn to talk about his new book, Called to Freedom: Retrieving Christian Liberty in an Age of License.

In our conversation, we discuss the journey of writing this book, the nature and meaning of liberty in all of its areas, role of obligation and virtue, the influence of modern technology on freedom, and more.

Brad is the Director of Programs and Education at American Compass and president emeritus at Davenant Institute.

Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.

The John Witte, Jr. Lecture Series on Christianity & Law is back! A new venture from Christian Legal Society aimed at advancing the conversation surrounding the integration of Christianity & law.

In our second lecture inspired by the American 19th century painters, we go international and ask what contributions Christianity made to advancing human rights. Our keynote is Kristina Arriaga, who digs deep into her Cuban heritage to bring us a fascinating lecture on the Christian jurists who paved the way for our modern rights framework. She was joined by Justice Jamie R. Grosshans (Florida Supreme Court) for a period of Q&A after the lecture.

For more on Kristina's work, see here. If you would like to hear the introductions by Anton Sorkin and John Witte, Jr., and the Q&A with Justice Jamies R. Grosshans, check out the full version here.

SPONSOR: The Witte Lectures are sponsored by TRINITY LAW SCHOOL.

SOUND: Special thanks to Josh Deng for his technical support in getting this audio ready.

MUSIC: Prelude No. 2 by Chris Zabriskie.

SPECIAL THANKS to Stephanie Barclay for writing a wonderful biogrpahy for Kristina in the Program.

Today, a sharply divided Supreme Court reinstated a lower-court order for the Trump administration to release frozen foreign aid. In this episode, I talk with Matthew Soerens of World Relief about some of the recent executive orders and how marginalized voices can help restore the American church in its places of prominence.

Matt began his World Relief journey in 2005 as an intern in Nicaragua. Since then he served as a Department of Justice-accredited legal counselor in Chicagoland before assuming the role of U.S. Director of Church Mobilization and Advocacy. He is the co-author of three books including Welcoming the Stranger (InterVarsity Press, 2018) and Inalienable (InterVarsity Press, 2022). He is a graduate of Wheaton College, where he has also served as a guest faculty member in the Humanitarian & Disaster Leadership program, and earned a master's degree from DePaul University's School of Public Service.

Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.

Today we delve into the world of Title VII by looking at the pending case in Carter v. Transp. Workers Union of Am. Local 556. The focus of our discussion will be on the paper from Blaine Hutchison in the Texas Review of Law & Politics, entitled Title VII's Religious Liberty Rules in Carter (here). Blaine is joined by one of the premier experts in the field of employment law and also my old professor, Bruce Cameron.

As part of this conversation, we lay out some history for Religious Accommodation claims, the importance of protecting the conscience, the freewheelin' accommodation claim (for more, see this), the background in Carter, and more.

Professor Bruce Cameron (profile) teaches employment discrimination law at Regent University School of Law and has been litigating religious accommodation cases for the National Right to Work Legal Defense Foundation for four decades. Blaine Hutchinson (profile) is a staff attorney with the National Right to Work Legal Defense Foundation.

Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.

Many people hate the tax system. It is perhaps the one universal solvent that can bring people together. In this episode, I discuss the income tax system and whether it can actually produce a more equitable society. My guest is Andrew Hayashi, whose paper we discuss is entitled Christianity and the Liberal(ish) Income Tax and was printed in the Notre Dame Journal of Law, Ethics, & Public Policy.

We discuss some basics of income tax, the Christian critics of liberalism, whether the tax system is in fact liberal, what it can do to achieve the common good, and must more.

Andrew is an expert in tax law, tax policy and behavioral law and economics. He joined the University of Virginia School of Law's faculty in July 2013. He is a McDonald Distinguished Fellow at the Center for the Study of Law and Religion at Emory University. Prior to joining the Law School, he was the Nourallah Elghanayan Research Fellow at the Furman Center for Real Estate and Urban Policy at New York University, where his research focused on the effects of tax policy on real estate and housing markets. Before joining the Furman Center, he practiced tax law as an associate at Davis Polk & Wardwell. Faculty profile here.

Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.

It is no secret that law students and attorneys exist in a stressful environment. As Amy Levin recently wrote, "[l]aw student mental health is at an all-time low." The American Bar Association (ABA) has conducted a study that shows how this environment tends to contribute to high rates of mental health disorders and substance abuse. In an effort to face this challenge, LSM has launched the Wellness Program—focused on providing students resources and discussions to face this issue, together. Our first episode was with Ruth Haley Barton on Establishing Rhythms & Abiding in God (here). Our second was with Dr. Barbara L. Peacock on developing spiritual disciplines for soul care (here).

On this episode, we are joined by Starr Tomczak to discuss her brand new book called Living Well: Inspired by the Story behind the Bible. Starr not only went to law school and had a succesful law practice as a corporate lawyer, but she also felt the calling to enter seminary and eventually write this book. She has a BA from Carleton College, a JD from New York University Law School, and an MDiv from Union Theological Seminary in New York City. Check out her website here.

Music Credit(s): Tokyo Music Walker & Rexlambo.

Many people use the language of "calling" without considering the scope and duration of that word and what it really means to align one's gifts with community need. In this episode, I get to explore some of these issues with Steven Zhou, a postdoc researcher on the meaning of calling and the author of a Christianity Today piece entitled Calling Is More Than Your Job.

Steven and I delve deep into the sociological understanding of calling, what it means to align skills with need, to what extent pride and perserverance play a role in self-understanding, and more. At the heart of our conversation is this academic study.

Steven completed his Ph.D. in Industrial & Organizational Psychology from George Mason University, studying under Dr. Stephen Zaccaro and Dr. Philseok Lee. He previously received a B.A. in Industrial & Organizational Psychology and M.A. in Religion from Pepperdine University. He also has four years of full-time applied work experience in human resources, data analytics, and non-profit management along with consulting experience in leadership development and data analysis. Full bio here.

Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.