Eduardo Moisés Peñalver

Eduardo Moisés Peñalver is the John P. Wilson Professor of Law at the University of Chicago Law School. He is the author of numerous books and articles on the subjects of property and land use law.

By this author

Unjust Discrimination? (UPDATED)

The obituary for the mother of a (Methodist) female gym teacher at a Catholic high school in Ohio mentions said gym teacher's female partner. Gym teacher is promptly fired.

Justice Stevens Was Right (Again)

On Justice Stevens's birthday, I suppose it is appropriate that there is an article in the New York Times that, to my mind, highlights the wisdom of his 2000 dissenting opinion in Boy Scouts of America v. Dale. In that case, the Supreme Court held that the First Amendment prohibited the state of New Jersey from enforcing its antidiscrimination laws (which prohibit discrimination against gay people) against the Boy Scouts.

Style or Substance? One Data Point

A big question for me in assessing the new Pope's performance is whether the admittedly dramatic (and, in my opinion, hopeful) differences between Francis and Benedict are simply matters of style or whether they portend some substantive change in direction for the bureaucracy. One of the litmus tests I set for myself was Francis's treatment of the Leadership Conference of Women Religious ("LCWR"). The first reports are now coming in on that front, and style seems to be edging ahead of substance.

Adoption and Same Sex Marriage

In 1995, in one of the more interesting exchanges over the morality of gay marriage, Stephen Macedo debated Robby George & Gerard Bradley in the pages of the Georgetown Law Journal. Noting the emphasis that natural law arguments against gay marriage place on the fertility of heterosexual couplessexual acts, Macedo raised the following question:

Papal Links

Here are a couple of interesting links to stories about the new pope.

Sobrino on Bergoglio [UPDATED]

Here's a clear-eyed but (in my opinion) hopeful assessment of Bergoglio's promise from the prominent liberation theologian, Jon Sobrino (thanks to commenter John Donaghy for the translation and the link):

More on Bergoglio and the Dirty War

With his permission, I'm posting this (extensive) comment by Charles Kenney (Professor of Political Science University of Oklahoma, specializing in Latin America), which appeared in the thread of my last post, because it brings together more detail and context on the Bergoglio, Dirty War issue than I've seen reported in any one place. I do also want to highlight a disagreement on a few of these points in this post by Fr. Thomas Reese.


The Vatican has madea statement on the rumblings about Bergoglio's (in)actions during the Argentine junta, attributing the questions to "anti-clerical left-wing" forces who want to discredit the new Pope. The more things change, etc...

Popes and Dirty Wars

I'm going to take a break from my Lenten "fast" from blogging to just note that it seems likely to me that picking a man as Pope who held a position of authority in the Church in Buenos Aires during Argentina's dirty war seems likely to dredge up some bad memories, and perhaps even a few inconvenient truths. The Church has a lot of ugly secrets in Latin America.

The Continuing "War on Religion"

A report in today's NY Times from the front lines of the continuing liberal war on religion: