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Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges

Khiara M Bridges

In Planned Parenthood of Southeastern Pennsylvania v. Casey,' the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade,2 with a new test for determining the constitutionality of abortion regulations-the "undue burden standard."3 The Court's 2007 decision in Gonzales v. Carhart 4 was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions.5 A majority of the Court held that the regulation was constitutionally permissible, finding that …

Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara Bridges

Khiara M Bridges

In Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade, with a new test for determining the constitutionality of abortion regulations — the “undue burden standard.” The Court’s 2007 decision in Gonzales v. Carhart was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions. A majority of the Court held that the regulation was constitutionally permissible, finding …

Life In The Balance: Judicial Review Of Abortion Regulations, Khiara Bridges

Khiara M Bridges

Since the Supreme Court’s decision in Roe v. Wade, scholars have been preoccupied with the test that ought to be applied to abortion regulations. Debate has swirled around the question of whether laws that burden the abortion right should be reviewed with strict scrutiny, rational basis review, or some other multi-factor or categorical test and at what point during pregnancy these tests are appropriate. Moreover, since Planned Parenthood v. Casey, in which the Court replaced Roe’s trimester framework with the undue burden standard, commentators have questioned the propriety of this new test. This Article argues that the most important change …

Studies In Scripture For Moral Theologians, Jeffrey Morrow

Jeffrey L. Morrow, Ph.D.

No abstract provided.

Human Capacities And The Problem Of Universally Equal Dignity: Two Philosophical Test Cases And A Theistic Response, Brett C. Hoover

Brett Hoover

No abstract provided.

A Disease Of Being: The Ontological Status Of Sin In The Theology Of Hans Urs Von Balthasar, Craig Giandomenico

Craig Giandomenico

Theology, Politics, And Exegesis: Essays On The History Of Modern Biblical Criticism, Jeffrey Morrow

Jeffrey L. Morrow, Ph.D.

Theology, Politics, And Exegesis: Essays On The History Of Modern Biblical Criticism, Jeffrey Morrow

Jeffrey L. Morrow, Ph.D.

The Gentleman In Professional Ethics, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Against Circumspection: Judges, Religious Symbols, And Signs Of Moral Independence, Benjamin Berger

Benjamin L. Berger

This chapter questions the interpretation of religious ­ signs and symbols— and the interpretive possibilities that emerge when we demand more from one another in thinking about such symbols— by ­ examining the question of judges and religious dress in the particular context of the judge’s role as wielding the coercive force of the state through the exercise of criminal punishment. I advance the argument that recent debates have proceeded on a misleadingly simplistic approach to understanding the meaning of signs of religious belonging and identity in this setting and that, with this, we miss an opportunity for a deeper …

Stanley Hauerwas’S Influence On Catholic Moral Theology, Jana Marguerite Bennett

Jana M. Bennett

One might begin considering the reception of Stanley Hauerwas’s work in Catholic moral theology by asking: why did both Commonweal and First Things opt to publish reviews of Hauerwas’s memoir Hannah’s Child? What is it about Hauerwas’s theological discussion of his own work that engages an educated Catholic audience of magazines putatively representing both ends of the spectrum? It is not only that both journals actively seek engagement with Protestant voices; nor is it only that Hauerwas has a degree of renown, thanks to Time magazine. It is also exactly what Peter Steinfels alludes to in his review, that Hauerwas …

Abortion, The Law, And Human Life, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Unique, Novel, And Unsound Adversary Ethic, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Abortion, The Law, And Human Life, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

A Due Measure Of Fear In Criminal Judgment, Benjamin L. Berger

Benjamin L. Berger

What ethos is appropriate to the modern act of criminal judgment? in the long history of the criminal trial, passing judgment on the accused was, for the adjudicator, a fearful act filled with the ologically inspired anxiety. This paper argues that, despite the contemporary attenuation of this specific form of anxiety, criminal judgment ought still to be infused with a due sense of the perils associated with passing legal and moral judgment upon another. This piece considers Justice Bertha Wilson’s criminal law jurisprudence, arguing that, apart from her substantive contributions, her legacy in this field is to embody an adjudicative …

Review Of "Ethics Of Everyday Life: Moral Theology, Social Anthropology And The Imagination Of The Human," By Michael Banner, M. Therese Lysaught

M. Therese Lysaught

No abstract provided.

A Modus Vivendi? Sex, Marriage & The Church, William L. Portier, Nancy Dallavalle, Christopher C. Roberts, Tina Beattie, R. R. Reno, Patricia Hampl, Luke Timothy Johnson, Leslie Woodcock Tentler, Paul Baumann

William L. Portier

During the 1960s, nearly 80 percent of adult Americans were married. A recent analysis of U.S. census data reported that only 52 percent of adult Americans were married in 2009. That is the lowest percentage reported in the 100 years the Census Bureau has collected such information. The reasons for this dramatic cultural shift are well known: high rates of divorce; changing attitudes toward premarital sex; social acceptability of cohabitation; the weakening of the stigma surrounding out-of-wedlock births and single parenting; the postponement of marriage and children for academic or professional reasons.

Among those with only a high-school education or …

The Duties Of A Catholic Politician With Respect To Bio-Lawmaking, Anthony Fisher

Anthony Fisher

No abstract provided.

Geographies And Accompaniment: Toward An Ecclesial Re-Ordering Of The Art Of Dying, M. Therese Lysaught

M. Therese Lysaught

The Trial Of Tom Robinson, Jonathan K. Van Patten

Jonathan Van Patten

No abstract provided.

Congregation Of The Mission, Circular Letters. François Verdier, 1919-1933, John E. Rybolt

John E Rybolt

Islamic Legal Theory And The Legitimacy Of Secular Positive Law: Is Modern Religious Liberty Sufficient For The Islamic Legal Maqsad ('Ultimate Objective') Of Hifz Al-Din ('Preserving Religion')?, Andrew March, Mohamad Al-Hakim, Michael Giudice, François Tanguay-Renaud

François Tanguay-Renaud

Andrew F. March, Associate Professor of Political Science, Yale University, examines some treatments of the meaning and extension of the Islamic legal purpose (maqad) of protecting religion (hifz al-din), with an eye towards Islamic legal theorists’ explicit or implicit encounter with modern liberal and secularist understandings of what it means to “protect religion.”

Respondent: Mohamad Al-Hakim, York University, Philosophy.

The Strange New World In The Church: A Review Essay Of 'With The Grain Of The Universe' By Stanley Hauerwas, Brad Kallenberg

Brad J. Kallenberg

Hauerwas's refusal to translate the argument displayed in With the Grain of the Universe (his recent Gifford Lectures) into language that "anyone" can understand is itself part of the argument. Consequently, readers will not understand what Hauerwas is up to until they have attained fluency in the peculiar language that has epitomized three decades of Hauerwas's scholarship. Such fluency is not easily gained. Nevertheless, in this review essay, I situate Hauerwas's baffling language against the backdrop of his corpus to show at least this much: With the Grain of the Universe transforms natural theology into "witness." In the end, my …

"Doing" Ethics In An Ecclesial Context: What Is Health Care Ethics's Connection To An Understanding Of The Catholic Church?, M. Therese Lysaught

M. Therese Lysaught

No abstract provided.

Suffering In Communion With Christ: Sacraments, Dying Faithfully, And End-Of-Life Care, M Therese Lysaught

M. Therese Lysaught

No abstract provided.

Reclaiming Our Identities, M. Therese Lysaught

M. Therese Lysaught

No abstract provided.

What Would You Do If…? Human Embryonic Stem Cell Research And The Defense Of The Innocent, M. Therese Lysaught

M. Therese Lysaught

No abstract provided.

Love And Liturgy, M. Therese Lysaught

M. Therese Lysaught

No abstract provided.

Review Of Karmen Mackendrick, Divine Enticement: Theological Seductions, Journal Of Religion 95:2 (267-9), Mary-Jane V. Rubenstein

Mary-Jane Rubenstein

No abstract provided.