Cole Durham
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W. Cole Durham Jr. (born February 26, 1948) 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 Brigham Young University (BYU, sometimes referred to colloquially as The Y) is a private research university in Provo, Utah. It was founded in 1875 by religious leader Brigham Young and is sponsored by the Church of Jesus Christ of Latter-d ...
's (BYU) J. Reuben Clark Law School (JRCLS). 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.


Career

Durham is a graduate of
Harvard College Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...
and Harvard Law School, where he was a Note Editor of the '' Harvard Law Review'' and Managing Editor of the ''
Harvard International Law Journal The ''Harvard International Law Journal'' is a biannual academic journal of international law, run and edited by students at Harvard Law School. The Journal is "the oldest and most-cited student-edited journal of international law." The Journal was ...
''. 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 International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
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 The Complutense University of Madrid ( es, Universidad Complutense de Madrid; UCM, links=no, ''Universidad de Madrid'', ''Universidad Central de Madrid''; la, Universitas Complutensis Matritensis, links=no) is a public research university loc ...
, 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 The Association of American Law Schools (AALS), formed in 1900, is a non-profit organization of 176 law schools in the United States. An additional 19 schools pay a fee to receive services but are not members. AALS incorporated as a 501(c)(3) n ...
. Durham has taught at BYU's JRCLS 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 International Center for Law and Religion Studies within the JRCLS. Since 1994, Durham has been a Recurring Visiting professor of law at
Central European University Central European University (CEU) is a private research university accredited in Austria, Hungary, and the United States, with campuses in Vienna and Budapest. The university is known for its highly intensive programs in the social science ...
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 The University of Vienna (german: Universität Wien) is a public research university located in Vienna, Austria. It was founded by Duke Rudolph IV in 1365 and is the oldest university in the German-speaking world. With its long and rich hist ...
.


Law reform

Durham has been involved in constitutional drafting projects in
Nepal Nepal (; ne, :ne:नेपाल, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne, सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in S ...
(2011 and 2009),
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is b ...
(2007), and
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to the north, Iran to the east, the Persian Gulf and K ...
(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 served for many years as a member of the
Organization for Security and Co-operation in Europe The Organization for Security and Co-operation in Europe (OSCE) is the world's largest regional security-oriented intergovernmental organization with observer status at the United Nations. Its mandate includes issues such as arms control, pro ...
/
Office for Democratic Institutions and Human Rights The Office for Democratic Institutions and Human Rights (ODIHR) is the principal institution of the Organization for Security and Cooperation in Europe (OSCE) dealing with the " human dimension" of security. The Office, originally named Office for ...
’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 Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedo ...
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 The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruling in
Employment Division v. Smith ''Employment Division, Department of Human Resources of Oregon v. Smith'', 494 U.S. 872 (1990), is a United States Supreme Court case that held that the state could deny unemployment benefits to a person fired for violating a state prohibition on t ...
, 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 The Constitutional Court of the Republic of Indonesia ( id, Mahkamah Konstitusi Republik Indonesia) is one of the apex courts in Indonesia along with the Indonesian Supreme Court. Its primary role is reviewing the constitutionality of statutes ...
concerning proposed revision of
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
's 1965 Blasphemy Law. In June 2011, Durham and his colleagues at the International Center for Law and Religion Studies filed an
amicus brief An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
in the U.S. Supreme Court case concerning the hiring practices of a Lutheran church school.


Publications

*Durham is co-author with Professor
Brett Scharffs Brett Gilbert Scharffs (born March 22, 1963) is the Rex E. Lee Chair and Professor of Law at J. Reuben Clark Law School, part of Brigham Young University (BYU). He is also the Director of the International Center for Law and Religion Studies. ...
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 Thomson 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 articlesDurham CV at International Center for Law and Religion Studies website
/ref> dealing with religious liberty and other comparative law themes, and has supervised publication of dozens of articles arising from conferences and symposia.


Personal life

Durham is a member of
the Church of Jesus Christ of Latter-day Saints The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a nontrinitarian Christian church that considers itself to be the restoration of the original church founded by Jesus Christ. The ch ...
. As a young man he served a thirty-month
mission Mission (from Latin ''missio'' "the act of sending out") may refer to: Organised activities Religion *Christian mission, an organized effort to spread Christianity *Mission (LDS Church), an administrative area of The Church of Jesus Christ of ...
for the church in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
. He is married to Louise Gardiner and they are the parents of four children.


References


BYU bio page
*Jamshid Askar
"Love of Law Fuels Fight for Freedom"
''
Church News The ''Church News'' (or ''LDS Church News'') is a weekly tabloid-sized supplement to the ''Deseret News'' and the ''MormonTimes'', a Salt Lake City, Utah newspaper owned by the Church of Jesus Christ of Latter-day Saints (LDS Church). It is t ...
'', March 21, 2009
Carolina Press bio of DurhamBYU magazine article on DurhamDurham's Curriculum Vitae
{{DEFAULTSORT:Durham, Cole 1948 births Living people Harvard Law School alumni Brigham Young University faculty Academic staff of the University of Vienna American Mormon missionaries in Germany 20th-century Mormon missionaries Academic staff of Central European University Latter Day Saints from Massachusetts American expatriates in Austria Harvard College alumni