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Constitutional Law

1998

The Catholic University of America, Columbus School of Law

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Control Freaks, John H. Garvey Jan 1998

Control Freaks, John H. Garvey

Scholarly Articles

Last year, in Washington v. Glucksberg, the Supreme Court decided that the Constitution does not afford us a right to commit assisted suicide. I endorse this conclusion. I might less modestly say that it endorses me, for the Court's understanding of freedom is similar to the one I propose in What Are Freedoms For?, and the theory it rejects is the one I am most concerned to combat.


Is Roe V. Wade Obsolete?, Robert A. Destro Jan 1998

Is Roe V. Wade Obsolete?, Robert A. Destro

Scholarly Articles

No abstract provided.


Foreword: The ‘Right To Marry’ In The Decisions Of The United States Supreme Court, Robert A. Destro Jan 1998

Foreword: The ‘Right To Marry’ In The Decisions Of The United States Supreme Court, Robert A. Destro

Scholarly Articles

Given the importance of Loving in American constitutional law, we were somewhat surprised to learn that no commemorative conferences or symposia had been planned to mark the thirtieth anniversary of the decision. We designed our conference, "Law and the Politics of Marriage: Loving v. Virginia After 30 Years," to fill that gap.

The conference was held at The Catholic University of America's Columbus School of Law, 19-21 November 1997, and was co-sponsored by three institutions, each having a unique and abiding interest in the subject matter: The Catholic University of America, the Howard University School of Law, and the J. …


Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin Jan 1998

Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin

Scholarly Articles

The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.


‘Mixed’ Constitutions: Product Of An East-Central European Constitutional Melting Pot, Rett R. Ludwikowski Jan 1998

‘Mixed’ Constitutions: Product Of An East-Central European Constitutional Melting Pot, Rett R. Ludwikowski

Scholarly Articles

Part I of this Article discusses the difficulties involved in attempting to classify the new constitutions using traditional criteria. Part II examines the processes involved in the adoption of the various components of existing constitutional models into the constitutions of the East-Central European states, including separate analysis of the distributions of power, the structures of the legislatures, the electoral systems, the systems of governance and mechanisms of judicial enforcement provided by these instruments. Finally, Part III makes observations and draws conclusions regarding the processes examined in Part II.


Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Raymond C. O'Brien, Michael T. Flannery Jan 1998

Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Raymond C. O'Brien, Michael T. Flannery

Scholarly Articles

No abstract provided.