Law Commons^™

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Scholarly Articles

None available.

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 …

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 …

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.

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 …

The Razor’S Edge Of Human Bonding: Artificial Fathers And Surrogate Mothers, George P. Smith Ii

Scholarly Articles

This article will examine the plight of the artificial father and surrogate mother by focusing on how the law views artificial insemination. From this focus, the author will explore alternative responses for dealing with problems involving surrogate mothers, donor insemination, and infertility and show their symbiotic, if not direct, relation to the problem of infertility.

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.

Intrusions Of A Parvenu: Science, Religion, And The New Biology, George P. Smith Ii

Scholarly Articles

Both religion and the law must seriously consider artificial insemination so that dogma and laws are formed to incorporate the process. Science has brought the procedure to a society unequipped to deal with the religious and legal implications of birth through artificial insemination in any of its forms. Not all religions or jurisdictions can be expected to treat the process exactly alike, but there must be an effort on the part of each organization to react to the situation facing them so that their citizens will have some guidance.

Section II of this article illuminates the path science is on …

The Promise Of Abundant Life: Patenting A Magnificent Obsession, George P. Smith Ii

Scholarly Articles

The purpose of this essay will be to explore the parameters of the scientific imperative to explore truth. The scope of this inquiry is shaped in part by the United States patent laws and administrative interpretations and, more specifically, by the United States Supreme Court in its recent holding allowing the new forms of life created in a laboratory to be patented. The ultimate purpose of this piece, then, is to refute the arrogance of power theory expressed as being implicit in the investigations of the vast potential for the positive achievement of good through harnessing the "New Biology." Thus, …

Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington

Scholarly Articles

No abstract provided.

Cum Causam Que: A Decretal Of Innocent Iii, Kenneth Pennington

Scholarly Articles

No abstract provided.

Dixon’S The Leopard’S Spots: A Study In Popular Racism, Maxwell Bloomfield

Scholarly Articles

The first fourteen years of the twentieth century constituted a major reform period in American history. In politics, economics and the arts new ideas and practices emerged to shatter nineteenth-century pre- conceptions. Crusading journalists led the way in calling for a revitalized democracy to bridge the dangerous gulf separating the very rich from the very poor. Increasingly public opinion was directed toward the elimination of class barriers by absorbing laborer and capitalist, immigrant and old-stock native, into an expanded form of democratic state which should minister to the welfare of all.

Yet during these same years, when mass audiences responded …