Vogel, Howard

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Howard Vogel

Emeritus Professor
Email: hvogel@hamline.edu
Phone: 651-523-2120

 

BA, University of Minnesota
JD, University of Minnesota
MA, United Theological Seminary of the Twin Cities

 


View Professor Vogel's personal website: www.howardvogel.com


"Law is artwork in pursuit of justice, performed by lawyers in a social context, through the craft of counseling and advocacy. If it is to be practiced elegantly, it requires mastery and compassion."


Professor Howard Vogel was named emeritus professor after retiring from teaching at Hamline Law. As a professor, Vogel was known for not only teaching the principles of law, but also for helping students learn how to think seriously about their professional identity as lawyers. Trained in both law and theology, Vogel's teaching and research was located at the intersection of law, religion, and ethics and focused on the possibilities of law to serve the common good in a diverse social and cultural context. He taught courses in constitutional law, restorative justice, international human rights, and a seminar in ethics exploring the lawyer's professional identity and responsibility within the context of the quest for integrity in the practice of law. In 2005, as an extension of this seminar, Vogel created a program of continuing education for lawyers entitled, "The Courage to Practice Law with Integrity." In recent years, his scholarship has increasingly been devoted to exploring the promise of restorative justice as an approach to conflict resolution for social healing based on social justice principles.


Prior to joining the Hamline Law faculty, Vogel did extensive public interest litigation in environmental law and was a staff attorney with the Minnesota Public Interest Research Group.


Vogel's current research and writing is devoted to exploring the possibilities for reconstructing law in an age of deconstruction to serve the common good. This work is expressed in two dimensions: (1) reframing law, human rights theory and the vocation of the lawyer in a relational perspective with the resources of process thought; and (2) the possibilities of restorative justice as a resource for healing the trauma of America's past resulting from the dispossession of indigenous people from their homelands and the problem of the color-line in the United States.


The first of these dimensions of work is entitled, "The Rules are Secondary: Recovering the Spirit of Law in Process and Context - Essays on the Possibilities of Law and the Promise of the Legal Profession to Serve the Common Good in the World We Share." This project involves an exploration of the potential of the resources of process thought, with special attention to the process-relational philosophy of Alfred North Whitehead, to reframe our understanding of law, its study and practice, in a post-modern reconstructive paradigm that takes events rather than substance as the primary dimension of experience. As such, it departs from the dominance of the substance-based perspective of modern philosophy to embrace the possibilities of law-as-process with a purpose, namely to secure justice more widely shared within the community of life.


The second of these dimensions of work is entitled, "Making Peace with the Land and Each Other: Healing the Trauma of America's Past -- Making the Possibilities of Law Concrete in the World We Share." This project involves an exploration of the potential of restorative justice practices and principles as a creative response to the legacy of ethnic cleansing and slavery in the United States. The dispossession of the indigenous peoples of their land which was then worked with slave labor based on the color-line have brought a legacy of trauma to both the victims and beneficiaries of these practices which is evident in a host of data about widespread social dislocation, dysfunction and injustice in the present day. This project explores the potential of restorative justice to address the full truth of that past with courage as a step toward the development of action aimed at creative transformation in the present so that all life may flourish.


For more than twenty-five years, Vogel has been an active member of the Society of Christian Ethics, and he is co-founder of the Restorative Justice Interest Group of the Society. Since 1989, he has served as one of the editors of the Journal of Law and Religion.


In 2003, Vogel received the highest award given by the Hamline University Board of Trustees, the John Wesley Trustee Award for Faculty, for outstanding commitment to leadership and service.


Vogel has taught in Budapest, Hungary, as a member of the faculty of the Hamline University School of Law Dispute Resolution Institute summer program (2005), in Jerusalem, Israel, as a member of the faculty of the Hamline-Hebrew University summer program in law, religion, and ethics (1994 and1995), as visiting professor in the Doctor of Ministry Summer Program at Emory University Theological Seminary (1986), and as visiting professor in the political science department of the University of Minnesota (1989-90 and1996-97). He received his undergraduate and law degrees from the University of Minnesota, and his Master of Arts in Religious Studies from United Theological Seminary of the Twin Cities. He was named a Distinguished Alumnus by United Theological Seminary in 2009.

 

Publications


Rethinking the Effect of the Abrogation of the Dakota Treaties and the Authority for the Removal of the Dakota People from Their Homeland, 39 WM. MITCHELL L. REV. 538 (2013).
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Remembering David Michael Cobin, 35 HAMLINE L. REV. 547 (2012).
 
Speaking of Law and Religion: "Why Law, Why Religion?" - A Conversation Between A Lawyer and A Theologian, 24 J.L. & RELIGION 365 (2009).
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Healing the Trauma of America's Past: Restorative Justice, Honest Patriotism, and the Legacy of Ethnic Cleansing, 55 BUFF. L. REV. 981 (2007).
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The “Ordered Liberty” of Substantive Due Process and the Future of Constitutional Law as a Rhetorical Art: Variations on a Theme from Justice Cardozo in the United States Supreme Court, 70 ALB. L. REV. 1473 (2007).
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The Restorative Justice Wager: The Promise and Hope of A Value-Based, Dialogue-Driven Approach to Conflict Resolution for Social Healing, 8 CARDOZO J. CONFLICT RESOL. 565 (2007).
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Reframing Rights from the Ground Up: The Contribution of the New U.N. Law of Self-Determination to Recovering the Principle of Sociability on the Way to a Relational Theory of International Human Rights for the 21st Century, 20 TEMP. INT’L & COMP. L.J. 443 (2006).
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The Possibilities of American Constitutional Law in a Fractured World: A Relational Approach to Legal Hermeneutics, 83 U. DET. MERCY L. REV. 789 (2006).
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African Americans and the Right to Self-Determination in a Christian Context, 22 J. SOC. CHRISTIAN ETHICS 201 (2002).
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The Terrible Bind of the Lawyer in the Modern World: The Problem of Hope, the Question of Identity, and the Recovery of Meaning, 32 SETON HALL L. REV. 152 (2001).
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The Clash of Stories at Chimney Rock: A Narrative Approach to Cultural Conflict over Native American Sacred Sites on Public Land, 41 SANTA CLARA L. REV. 757 (2001).
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The Judicial Oath and the American Creed: Comments on Sanford Levinson's The Confrontation of Religious Faith and Civil Religion, 39 DEPAUL L. REV. 1107 (1990).
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In the Cause of Justice: Reflections on Robert Cover's Turn Toward Narrative, 7 J.L. & RELIGION 173 (1989).
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Welfare Rights and the Constitutional Ethic of Justice Thurgood Marshall, ANN’L SOC’Y CHRISTIAN ETHICS, 93 (A. Anderson ed., 1986).
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Social Ethics as a Resource for Constitutional Adjudication, ANN’L SOC’Y CHRISTIAN ETHICS, 273 (L. Rasmussen ed., 1984).
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Survey and Commentary on the New Literature in Law and Religion, 1 J. L. & RELIGION, 79 (1983).
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The Wild Rice Mystique: Resource Management and American Indians' Rights as a Problem of Law and Culture, 10 WM. MITCHELL L. REV. 743 (1979). (with Charlene Smith).
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The Case for Brain Death Legislation: A Response to the Critics, 62 MINN. MED. 121 (1979). (with William H. Manning).
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