Professor Mark Movsesian Participates in International Moot Court in Venice

Mark L. Movsesian, director of the Law School’s Center for Law and Religion, just returned from Venice, Italy, where he participated in a new international moot court competition on law and religion at the Fondazione Studium Generale Marcianum, an academic research center.

The Marcianum gathered law student teams from the United States and Europe to argue a hypothetical case before two courts, the European Court of Human Rights and the US Supreme Court. Professor Movsesian served as a judge on the American court, along with Professor William K. Kelley of Notre Dame Law School and Hon. Richard Sullivan of the US District Court for the Southern District of New York. Professor Mark Hill of Cardiff University, Professor Renata Uitz of Central European University, and Professor Louis-Leon Christians of Catholic University of Louvain made up the European bench. Both courts were ably assisted by Ph.D. students from the Marcianum, who served as the judges’ shadow clerks, helping with research and the development of ideas.

The competition case involved a private, family owned firm that had dismissed an employee for making a negative comment about creationism, in violation of the business’s code of conduct, which prohibited anti-religious statements. In the European version, the domestic courts ruled in favor of the firm, and the employee brought a claim under Article 9 of the European Convention on Human Rights. In the American version, the employee sued for employment discrimination, arguing that he had been dismissed on account of his religious views. The employer in that case maintained that, even if Title VII applied, the Religious Freedom Restoration Act allowed for an accommodation in these circumstances.

“This was an absolutely wonderful event, and the student teams did a remarkable job addressing the many issues involved,” Professor Movsesian said. “I imagine the most valuable aspect for the competitors was learning how another legal system would handle these issues. The Americans were struck by the argument style in the European Court — 30 minutes of presentation followed by five minutes to answer questions from the bench — and the Europeans were surprised at the more assertive, freewheeling style of argument in an American court. But they adjusted very well.”

Professor Movsesian noted that the Italian teams deserved special credit, since they had to learn an entirely new legal system and argue in a foreign language. In the end, the US panel gave the award for Best Team to Emory Law School. On the European side, the Best Team award went to Inner Temple.

“I hope the Marcianum continues this event,” said Professor Movsesian. “Law and religion has gone global, and comparative law is an increasingly important component of a legal education on both sides of the Atlantic.”