Cole Durham
Encyclopedia
Cole Durham is an American
educator. He is Susa Young Gates University Professor of Law and Director of the International Center for Law and Religion Studies (ICLRS) at Brigham Young University
's J. Reuben Clark Law School
. He is an internationally active specialist in religious freedom law, involved in comparative law scholarship, with a special emphasis on comparative constitutional law. In January 2009 the First Freedom Center
granted him the International First Freedom Award, in Richmond, Virginia.
Durham is a graduate of Harvard College
and Harvard Law School
, where he was a Note Editor of the Harvard Law Review
and Managing Editor of the Harvard International Law Journal
. He is currently President of the International Consortium for Law and Religion Studies (ICLARS) based in Milan, Italy, and Co-Editor-in-Chief of the Oxford Journal of Law and Religion.. From 1989 to 1994 he served as Secretary of the American Society of Comparative Law, and he is also an Associate Member of the International Academy of Comparative Law in Paris—the premier academic organization at the global level in Comparative Law. He served, along with Javier Martínez-Torrón
of Complutense University of Madrid
, as a General Rapporteur for the topic "Religion and the Secular State" at the 28th International Congress of Comparative Law, held in Washington, D.C., in July 2010. He has served as Chair of both the Comparative Law Section and the Law and Religion Section of the Association of American Law Schools
.
Durham has taught at the J. Reuben Clark Law School at Brigham Young University since 1976. He was awarded the honorary designation of University Professor there in the fall of 1999. On January 1, 2000, he was named Director of the Law School's newly created International Center for Law and Religion Studies. Since 1994 Durham has been a Recurring Visiting Professor of Law at Central European University
in Budapest, where he teaches comparative constitutional law to students from throughout Eastern Europe, and increasingly from Asia and Africa as well. He has been a guest professor in Gutenberg University in Mainz, Germany and at the University of Vienna
.
(2011 and 2009), Thailand
(2007), and Iraq
(2005-06). He has worked on constitutional and statutory drafting projects throughout Eastern Europe and in most former Soviet bloc
countries. He has been active in matters involving relations between religion and the state, though he also has extensive experience with comparative criminal law and non-profit law. He currently serves as a member of the OSCE/ODIHR’s Advisory Council on Freedom of Religion or Belief. He is Vice President of the International Academy for Freedom of Religion and Belief. He serves as a board member of church-state centers at DePaul
and Baylor
Universities, of the International Religious Liberty Association
, and of the International Advisory Board of the Oslo Coalition on Freedom of Religion or Belief.
Durham also works on laws governing the civil society sector, having served as Chairman of the Board of the International Center for Not-for-Profit Law in Washington, D.C., and also served on its board for several years. Durham has played a role in advising governments throughout much of the former socialist bloc
on constitutional provisions and legislation dealing with criminal law and procedure, court structure, general constitutional issues, and the law of associations, including particularly religious associations. Durham has studied religious law in many parts of eastern Europe, and in countries such as Bulgaria
he made public statements intended to halt the enactment of laws that would have negative effects on religious liberty.
Durham has helped organize technical assistance to law reform projects and comparative law conferences in countries around the world. This has included consultations on constitutional issues and laws in Albania, Argentina, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Chile, China, Croatia, the Czech Republic, Dominican Republic, Estonia, France, Georgia, Hungary, Indonesia, Iraq, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Macedonia, Moldova, Mexico, Nepal, Nigeria, Peru, Romania, Russia, Rwanda, Samoa, Serbia, Slovakia, Slovenia, Tajikistan, Thailand, Ukraine, and Vietnam. In the United States, Durham organized a series of conferences on comparative law issues at Brigham Young University, which have brought together some 850 scholars and experts dealing with comparative constitutional law themes from more than 100 countries.
Durham has testified before the U.S. Congress in hearings on religious intolerance in Europe and on the Religious Liberty Protection Act.
In the wake of the United States Supreme Court ruling in Employment Division v. Smith
, Durham testified to the House Judiciary Committee on the negative effects of this ruling.
In March 2010 Durham testified via video conference during hearings before the Constitutional Court of Indonesia
concerning proposed revision of Indonesia
's 1965 Blasphemy
Law.
In June 2011 Durham and his colleagues at the International Center for Law and Religion Studies filed an amicus brief in the U.S. Supreme Court case concerning the hiring practices of a Lutheran Church School.
. He is married to Louise Gardiner; they had four children.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
educator. He is Susa Young Gates University Professor of Law and Director of the International Center for Law and Religion Studies (ICLRS) at Brigham Young University
Brigham Young University
Brigham Young University is a private university located in Provo, Utah. It is owned and operated by The Church of Jesus Christ of Latter-day Saints , and is the United States' largest religious university and third-largest private university.Approximately 98% of the university's 34,000 students...
's J. Reuben Clark Law School
J. Reuben Clark Law School
The J. Reuben Clark Law School is a professional graduate school located in Provo, Utah at Brigham Young University. Founded in 1973, the school is named after J. Reuben Clark, Jr.—former U.S. Ambassador, Undersecretary of State, and LDS Church General Authority—and its charter dean was former...
. He is an internationally active specialist in religious freedom law, involved in comparative law scholarship, with a special emphasis on comparative constitutional law. In January 2009 the First Freedom Center
First Freedom Center
The First Freedom Center is a politically and religiously neutral 501 education organization located in Richmond, Virginia's state capital....
granted him the International First Freedom Award, in Richmond, Virginia.
Durham is a graduate of Harvard College
Harvard College
Harvard College, in Cambridge, Massachusetts, is one of two schools within Harvard University granting undergraduate degrees...
and Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, where he was a Note Editor of the Harvard Law Review
Harvard Law Review
The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...
and Managing Editor of the Harvard International Law Journal
Harvard International Law Journal
The Harvard International Law Journal is the oldest and most-cited academic journal of international law in the United States. It is run and edited by students at Harvard Law School, but relies on input from peer reviewers...
. He is currently President of the International Consortium for Law and Religion Studies (ICLARS) based in Milan, Italy, and Co-Editor-in-Chief of the Oxford Journal of Law and Religion.. From 1989 to 1994 he served as Secretary of the American Society of Comparative Law, and he is also an Associate Member of the International Academy of Comparative Law in Paris—the premier academic organization at the global level in Comparative Law. He served, along with Javier Martínez-Torrón
Javier Martínez-Torrón
Javier Martínez-Torrón has been Professor of Law at Complutense University, Madrid since 2000. He obtained his first chair at the University of Granada in 1993. Doctor utroque iure . Founder and Director of the Seminar of Comparative Law of the University of Granada...
of Complutense University of Madrid
Complutense University of Madrid
The Complutense University of Madrid is a university in Madrid, and one of the oldest universities in the world. It is located on a sprawling campus that occupies the entirety of the Ciudad Universitaria district of Madrid, with annexes in the district of Somosaguas in the neighboring city of...
, as a General Rapporteur for the topic "Religion and the Secular State" at the 28th International Congress of Comparative Law, held in Washington, D.C., in July 2010. He has served as Chair of both the Comparative Law Section and the Law and Religion Section of the Association of American Law Schools
Association of American Law Schools
The Association of American Law Schools is a non-profit organization of 170 law schools in the United States. Another 25 schools are "non-member fee paid" schools, which are not members but choose to pay AALS dues. Its purpose is to improve the legal profession through the improvement of legal...
.
Durham has taught at the J. Reuben Clark Law School at Brigham Young University since 1976. He was awarded the honorary designation of University Professor there in the fall of 1999. On January 1, 2000, he was named Director of the Law School's newly created International Center for Law and Religion Studies. Since 1994 Durham has been a Recurring Visiting Professor of Law at Central European University
Central European University
For other uses, see European University Central European University is a graduate-level, English-language university offering degrees in the social sciences, humanities, law, public policy, business management, environmental science, and mathematics...
in Budapest, where he teaches comparative constitutional law to students from throughout Eastern Europe, and increasingly from Asia and Africa as well. He has been a guest professor in Gutenberg University in Mainz, Germany and at the University of Vienna
University of Vienna
The University of Vienna is a public university located in Vienna, Austria. It was founded by Duke Rudolph IV in 1365 and is the oldest university in the German-speaking world...
.
Law Reform
Durham has been involved in constitutional drafting projects in NepalNepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
(2011 and 2009), Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
(2007), and Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
(2005-06). He has worked on constitutional and statutory drafting projects throughout Eastern Europe and in most former Soviet bloc
Eastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...
countries. He has been active in matters involving relations between religion and the state, though he also has extensive experience with comparative criminal law and non-profit law. He currently serves as a member of the OSCE/ODIHR’s Advisory Council on Freedom of Religion or Belief. He is Vice President of the International Academy for Freedom of Religion and Belief. He serves as a board member of church-state centers at DePaul
DePaul University
DePaul University is a private institution of higher education and research in Chicago, Illinois. Founded by the Vincentians in 1898, the university takes its name from the 17th century French priest Saint Vincent de Paul...
and Baylor
Baylor University
Baylor University is a private, Christian university located in Waco, Texas. Founded in 1845, Baylor is accredited by the Southern Association of Colleges and Schools.-History:...
Universities, of the International Religious Liberty Association
International Religious Liberty Association
The International Religious Liberty Association is a non-sectarian and non-political organization promoting religious freedom. It was originally organised by the Seventh-day Adventist Church leaders in 1893 to campaign for religious freedom for all when the danger of restrictions from blue laws...
, and of the International Advisory Board of the Oslo Coalition on Freedom of Religion or Belief.
Durham also works on laws governing the civil society sector, having served as Chairman of the Board of the International Center for Not-for-Profit Law in Washington, D.C., and also served on its board for several years. Durham has played a role in advising governments throughout much of the former socialist bloc
Eastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...
on constitutional provisions and legislation dealing with criminal law and procedure, court structure, general constitutional issues, and the law of associations, including particularly religious associations. Durham has studied religious law in many parts of eastern Europe, and in countries such as Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
he made public statements intended to halt the enactment of laws that would have negative effects on religious liberty.
Durham has helped organize technical assistance to law reform projects and comparative law conferences in countries around the world. This has included consultations on constitutional issues and laws in Albania, Argentina, Armenia, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Chile, China, Croatia, the Czech Republic, Dominican Republic, Estonia, France, Georgia, Hungary, Indonesia, Iraq, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Macedonia, Moldova, Mexico, Nepal, Nigeria, Peru, Romania, Russia, Rwanda, Samoa, Serbia, Slovakia, Slovenia, Tajikistan, Thailand, Ukraine, and Vietnam. In the United States, Durham organized a series of conferences on comparative law issues at Brigham Young University, which have brought together some 850 scholars and experts dealing with comparative constitutional law themes from more than 100 countries.
Durham has testified before the U.S. Congress in hearings on religious intolerance in Europe and on the Religious Liberty Protection Act.
In the wake of the United States Supreme Court ruling in Employment Division v. Smith
Employment Division v. Smith
Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 , is a United States Supreme Court case that determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was...
, Durham testified to the House Judiciary Committee on the negative effects of this ruling.
In March 2010 Durham testified via video conference during hearings before the Constitutional Court of Indonesia
Constitutional Court of Indonesia
The Constitutional Court of Indonesia was established as a consequence of the third amendment to the Constitution of Indonesia, which was ratified by the People's Consultative Assembly on 9 November 2001 -History:...
concerning proposed revision of Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
's 1965 Blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
Law.
In June 2011 Durham and his colleagues at the International Center for Law and Religion Studies filed an amicus brief in the U.S. Supreme Court case concerning the hiring practices of a Lutheran Church School.
Publications
- Durham is co-author with Professor Brett ScharffsBrett ScharffsBrett Gilbert Scharffs is the Francis R. Kirkham professor at the J. Reuben Clark Law School of Brigham Young University and the associate of the International Center for Law and Religion Studies located at the same school....
of Religion and the Law: National, International, and Comparative Perspectives. - Durham is co-author with William Bassett and Robert Smith of Religious Organizations of the Law, an annually updated treatise that is published by Thompson Reuters/West.
- Durham is co-editor with Noel Reynolds of Religious Liberty in Western Thought.
- Durham is co-editor with Silvio Ferrari and Elizabeth Clark of Law and Religion in Post-Communist Europe.
- Durham is co-editor of Facilitating Freedom of Religion or Belief: A Deskbook.
- Durham is co-editor of Religious Organizations in the United States.
- Durham has authored numerous law review articles dealing with religious liberty and other comparative law themes, and has supervised publication of dozens of articles arising from conferences and symposia.
Personal
Durham is a member of The Church of Jesus Christ of Latter-day Saints. As a young man he served a thirty-month mission for the Church in GermanyGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. He is married to Louise Gardiner; they had four children.