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Full-Text Articles in Law
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Working Paper Series
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan
Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan
Working Paper Series
There is an ongoing debate about whether the U.S. Constitution includes -- or should be interpreted to include -- a principle of "church autonomy." Catholic doctrine and political theology, by contrast, clearly articulated a principle of "libertas ecclesiae," liberty of the church, when during the nineteenth and early twentieth centuries the Church differentiated herself from the state. This article explores the meaning and origin of the doctrine of the libertas ecclesiae and the proper relationship among churches, civil society, and government. In doing so, it highlights the points at which church and state should cooperate and the points at which …
Religious Group Autonomy: Further Reflections About What Is At Stake, Kathleen A. Brady
Religious Group Autonomy: Further Reflections About What Is At Stake, Kathleen A. Brady
Working Paper Series
This article addresses the protections afforded by the First Amendment when government regulation interferes with the internal activities or affairs of religious groups. In previous pieces, I have argued that the First Amendment should be construed to provide religious groups a broad right of autonomy over all aspects of internal group operations, those that are clearly religious in nature as well as activities that seem essentially secular. In my view, such autonomy is necessary to preserve the ability of religious groups to generate, live out and communicate their own visions for social life, including ideas that can push the norms …
Constitutional Law - Pennsylvania Constitution - Equal Protection - Pennsylvania's Sunday Trading Laws Violate The Equal Protection Provision Of Pennsylvania's Constitution, Stanley A. Smith
Villanova Law Review
No abstract provided.
Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii
Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii
Villanova Law Review
No abstract provided.
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
Villanova Law Review
No abstract provided.
Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams
Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams
Villanova Law Review
No abstract provided.
Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman
Villanova Law Review
No abstract provided.
The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston
The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston
Villanova Law Review
No abstract provided.
The Dilemma Of The Professoriate, Matthew W. Finkin
The Dilemma Of The Professoriate, Matthew W. Finkin
Villanova Law Review
No abstract provided.
The Difficult Quest For A Truly Humane Abortion Law, Donald A. Giannella
The Difficult Quest For A Truly Humane Abortion Law, Donald A. Giannella
Villanova Law Review
No abstract provided.