Arts and Humanities Commons^™

New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya

Catholic University Journal of Law and Technology

A decade ago, ‘NFTs’ were rarely heard of or known to anyone, unless they worked in or kept up with the tech world. However, they are not new - they have been around for almost two decades. Their popularity has grown over the past few years. ‘NFT’ stands for ‘non-fungible token’. An NFT is a digital file with a unique identity that is verified on a blockchain and is therefore not interchangeable - i.e., a kind of crypto asset, like an authentication certificate for digital artifacts. In theory, NFTs can represent almost any real or intangible property. These days, it …

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

Laudato Si’ And The Tragedy Of The “Throwaway Culture.”, Lucia A. Silecchia

Scholarly Articles

Throughout Laudato Si’, Pope Francis decries what he calls the “throwaway culture.” At first blush, given the over-arching ecological theme of Laudato Si, this may seem to be solely a critique of wasteful consumerism. However, it is far more than that. It is a critique of a mindset and world view that discards people, promises, values and community bonds when they seem to lack immediately obvious or quantifiable value in the eyes of the world. Although this is a profoundly personal moral critique, it also provides a lens through which all laws and public policies might be viewed. Laudato Si’ …

Laudato Si’ And Care For Our Common Home: What Does It Mean For The Legal Profession?, Lucia A. Silecchia

Scholarly Articles

Pope Francis’s recent encyclical, Laudato Si’ (“Praised Be You”), has been one of the most widely anticipated papal documents in recent memory. It has also received far more popular commentary than would be expected of a papal encyclical. Yet, while Laudato Si’ has been widely dubbed “the climate change” encyclical, it is far broader than that. It is also a far-reaching analysis of a number of political, economic, social and legal issues, in addition to being an extensive exposition on human duties toward creation.

In the text of this encyclical, there are also some important lessons to be gleaned for …

Reform In 1215: Magna Carta And The Fourth Lateran Council, Kenneth Pennington

Scholarly Articles

By 1215 King John had lost almost all of his northern continental possessions. The core of the Angevin empire, Normandy, was lost. Anglo-French barons who still held lands in Normandy owed their primary allegiance to King Phillip Augustus, not to King John. The barons and churchmen who remained under his sovereignty chaffed under his rule. It is clear from the document that the barons forced John to sign when they met with John on Runnymede in 15 July 2015, they intended to impose reform on the king. We might sum up their objectives as being the administration of justice and …

Religion And Human Trafficking, Mary Graw Leary

Scholarly Articles

Human trafficking is a global form of victimization which transcends all geographical boundaries. It is also a form of objectification that strikes at core values of human dignity, protection for the vulnerable, and accountability for the exploiter. As such, it is a form of victimization that demands both a global solution and grass roots actors.

Religions throughout the world stand in a uniquely advantageous position to aid in the fight against trafficking. As global institutions, their reach is broad. As grass roots organizations, their influence runs deep. As moral voices of the community their impact can be profound.

This piece …

Moderamen Inculpatae Tutelae: The Jurisprudence Of A Justifiable Defense, Kenneth Pennington

Scholarly Articles

Intentionality and proportionality enter the jurisprudence dealing with rights of defense at the end of the third century of the common era. A rescript of the emperors Diocletian and Maximian to a certain Theodorus in 290 A.D. resolved a legal issue that had arisen from a court case. The question sent to the imperial court must have been: what kind of a defense a person can use if a robber attempts to take his property away. The imperial court’s response coined a new term, “moderamen inculpatae tutelae” that had never been used before, at least not in the sources that …

The Biography Of Gratian, The Father Of Canon Law, Kenneth Pennington

Scholarly Articles

The research on the pre-Vulgate manuscripts has been enormously interesting and, not surprisingly, has created areas of disagreement about aspects of Gratian’s life, work, and teaching. These scholarly debates have given birth to a fruitful and vigorous exploration into the teaching and development of law in the first half of the twelfth century.5 The issues are many. Perhaps the most important is the lack of consensus about how long Gratian worked on the Decretum and how long he taught. That will be the focus of this Essay.

Response To Francis Oakley, Kenneth Pennington

Scholarly Articles

No abstract provided.

Of Panjandrums, Pooh Bahs, Parvenus, And Prophets: Law, Religion, And Medical Science, George P. Smith Ii

Scholarly Articles

This Monograph derives from a Lecture, under the same title, given in Sydney, Australia, honoring Michael D. Kirby, AC, CMG, Justice of The High Court of Australia. The first part of the Monograph analyses the significant contributions that Justice Kirby has made as a compassionate champion of human rights and acknowledges what is styled as the Kirby Ethic which, in turn, is seen as the foundation for the body of work of the Justice as well as the moving force in his private life as well. Building upon a theory of transcendent idealism which interprets God's purpose as safeguarding the …

Universal Human Rights, The United Nations, And The Telos Of Human Dignity, William J. Wagner

Scholarly Articles

In this short essay, I seek to provide a description of the way the rights framework, by its nature, functions to unify global practice around normative ideals. I then outline obstacles, both theoretical and practical, to the effective functioning of this framework and the advancement of its purpose. Next, I lay out and critique the means that the Church, in its official teaching, proposes for overcoming these obstacles. I conclude by sketching briefly what I understand to be a more adequate program for addressing the impediments that exist to the realization of the aspiration of universal respect for human dignity …

Catholic Social Teaching And Its Impact On American Law: Observations On The Past And Reflections On The Future, Lucia A. Silecchia

Scholarly Articles

In recent years, greater attention has been paid to the influence of Catholic social teaching as a contributor to legal debates in American society. As it has developed, Catholic social teaching clearly envisions a role for the Church to play in shaping society. The interplay between Catholic social teaching and American law is a fascinating, complex, and, at times, tense relationship. That relationship is the subject of these observations and reflections. The first part of this discussion explores how leading Church documents define the proper scope of influence for Catholic social teaching. After this brief background, the discussion will turn …

Environmental Ethics From The Perspective Of Nepa And Catholic Social Teaching: Ecological Guidance For The 21st Century, Lucia A. Silecchia

Scholarly Articles

Over the years, a substantial body of Catholic social teaching has arisen to offer guidance as to the obligations that humanity has as stewards of creation. With ancient roots in Biblical text, and modern exploration in more recent texts, the connection between religious obligation and ecological responsibility has garnered much attention among Catholic thinkers - as well as among religious leaders of other faiths. This article explores the principles of Catholic social thought with respect to the environment and traces the development of those principles from their Biblical origins through the papacy of Pope John Paul II. In tandem with …

Things Are Seldom What They Seem: Judges And Lawyers In The Tales Of Mark Twain, Lucia A. Silecchia

Scholarly Articles

This article explores the many and varies legal characters that populated the bench and bar in Mark Twain’s work. Judges and lawyers have long captivated the minds and talents of authors, and Twain was a prolific creator of jurisprudential characters. This article’s thesis is that a careful study of Twain’s fiction reveals a disturbing pattern of inconsistency between the conduct of his attorneys and judges and the quality of justice that their actions bring about. In all too many of Twain’s tales, true “justice” is far more likely to be achieved where lawyers and judges violate legal rules through deception, …

Lawful Deeds: The Entitlements Of Marriage In Shakespeare’S All’S Well That Ends Well, A.G. Harmon

Scholarly Articles

No abstract provided.

Integrating Spiritual Perspectives With The Law School Experience: An Essay And Invitation, Lucia A. Silecchia

Scholarly Articles

Reports of burn-out, disillusionment, and stress abound in modern literature as the legal profession faces a period of rapid change and sobering self-reflection on the ways in which it should operate as an honorable and noble profession.

In a seemingly unrelated development, there is a steadily growing interest in the spirituality of modern professional life. As those in other fields have also grappled with both outward critique and inward self-reflection, the past several years have seen a renewed interest in the spiritual aspects of worldly occupations. As time goes on and interest in spirituality and professional life increases, the legal …

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Scholarly Articles

This article reflects on the nature of the key social justice questions of our time. It then explores five broad principles of Catholic social thought that may be brought to bear on those questions.

The Ius Commune, Suretyship, And Magna Carta, Kenneth Pennington

Scholarly Articles

No abstract provided.

Due Process, Community, And The Prince In The Evolution Of The Ordo Iudiciarius, Kenneth Pennington

Scholarly Articles

No abstract provided.

On Doing Justice And Walking Humbly With God: Catholic Social Thought On Law As A Tool For Achieving Justice, Lucia A. Silecchia

Scholarly Articles

The text of the 1996 “Mirror of Justice” lecture at the Catholic University of America, this article explores the potential - and the limitations - of law as a tool for achieving justice. Drawing heavily on principles of Catholic social thought, it also considers the various ways in which “justice” may be defined.

Christianity And The Civil Law: Secularity, Privacy, And The Status Of Objective Moral Norms, William J. Wagner

Scholarly Articles

This article will address three specific questions within a Catholic framework: 1) What is the justification for asserting that objective moral norms apply to the content of the civil law?; 2) Why is not the law's "secular" character a barrier to enactments, based on objective moral norms?; and 3) Why is not the "private" character of reproductive and other activities a barrier to the enactment of legal regulation affecting them?

Assessing Modern Bankruptcy Law: An Example Of Justice, Veryl Victoria Miles

Scholarly Articles

The task undertaken in this article will be to consider how well modern bankruptcy law measures up to concepts of justice that have evolved from Catholic social thought. The application of Catholic social justice in the assessment of whether a law is "just" or "unjust" can be viewed as a rational progression in evaluating the quality of justice achieved under a law.

In Search Of The Market’S Moral Limits: Liberalism, Perfectionism, And ‘The Bad Man’ In Christian Perspective, William J. Wagner

Scholarly Articles

The orientation to law and values which can sustain specifically Christian arguments for, and against, the restriction of market exchanges requires reference to authentically Christian theological principles and values. It requires, equally, that such principles and values be set in profile against the assumptions of both liberalism and classical perfectionism. This essay aims to provide such a statement of the relevant Christian orientation to law and values.

Learned Law, Droit Savant, Gelehrtes Recht: The Tyranny Of A Concept, Kenneth Pennington

Scholarly Articles

I would like to make several points in this essay. First, the historians of national legal systems are still, by and large, balkanized. They study, explain, and trace the history of their legal systems with only a cursory nod in the direction of the Ius commune. Second, within the Ius commune, some historians still approach a topic as if its various parts can be studied in isolation. A Romanist will study a doctrine of Roman law as if canon and feudal law had only tangential influence on the development of the thought of the civilians.

Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro

Scholarly Articles

Taken as a whole, the Roman Catholic Bishops' 1983 pastoral letter on war and peace, "The Challenge of Peace, God's Promise, and Our Response"' has two purposes: first, to assist Catholics in the formation of their consciences; and, second, to contribute to the ongoing public policy debate concerning the morality of war in general, and of nuclear war in particular. This article will address the stated purposes of and the suggestions made in the pastoral letter from the vantage point of American statutory and constitutional law. It will make no attempt to provide definitive legal answers to the many questions …

A Theological Method For Legal Education, Raymond C. O'Brien

Scholarly Articles

Is it possible to engraft theology' into legal education? Does the law school seeking to inculcate any particular theology into its curriculum jeopardize the fabric of legal education? Are theology and law irretrievably broken, one to speak only of the things of God and the other to speak of Caesar? Finally, if there is to be interaction between law and theology within the context of legal education, is there a methodology that can offer significant and fruitful dialogue? This is the real issue.

Quality Of Life, Sanctity Of Creation: Palliative Or Apotheosis?, George P. Smith Ii

Scholarly Articles

This Article will suggest an approach to facilitate decision-making where the concepts of quality of life and sanctity of life appear to clash. It is hoped that a reconciliation of these two ideas will provide an alternative to the increasing federal intervention in the process of family decision-making vis-a-vis handicapped infants.

The construct will combine deontological standards with situational, or consequential, ethics. This unique synthesis will then be placed within a sphere of expanded family advisers-medical, social, spiritual, legal, etc.-who are called into being with the birth of a genetically defective newborn. The force of the construct arises from the …

Sexuality, Privacy And The New Biology, George P. Smith Ii, Roberto Iraola

Scholarly Articles

This Article investigates two alternative methods of human conception: Specifically, the artificial insemination of unmarried women for either their own personal purposes of pregnancy without the benefit of marriage or as surrogates for infertile women. Surrogation is evaluated, then, as an analytic complement to the sexual privacy of women who are expressing their sexual freedom through unconventional means to become pregnant.

The conclusion drawn is that an unmarried woman’s fundamental right to privacy or procreation does not encompass a right to either artificial insemination or surrogation. To allow unfettered access to these two methods of conception would - quite simply …

Intimations Of Immorality: Clones, Cyrons And The Law, George P. Smith Ii

Scholarly Articles

This article examines some legal and moral issues associated with two developing areas of biomedicine; cloning and cryonics. The author firstly considers the practical benefits to society of developing perfecting and utilizing the process of cloning. These include the ability to overcome inheritable genetic defects and the provision of organs for transplantation. Against this must be weighed some moral and ethical problems of genetic engineering. Professor Smith then discusses the process of deep-freezing a person and the development of cryonics as a social movement. The major legal problem stemming from cryonics is determining the time at which a cryonically suspended …

Johannes Teutonicus And Papal Legates, Kenneth Pennington

Scholarly Articles

No abstract provided.