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Full-Text Articles in Law

Book Reviews, Ronan E. Degnan, Jerold Israel, Robert F. Drinan S.J. Dec 1964

Book Reviews, Ronan E. Degnan, Jerold Israel, Robert F. Drinan S.J.

Vanderbilt Law Review

Cases and Materials on Debtor and Creditor

By Vern Countryman

Boston: Little, Brown & Co., 1964. Pp. lxiii, 841. $12.50.

reviewer: Ronan E. Degnan

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The Supreme Court on Trial

By Charles S. Hyneman

New York: Atherton Press, 1963. Pp. IX, 308. $6.50.

reviewer: Jerold Israel

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Religion and American Constitutions (1963 Rosenthal Lectures)

By Wilbur G. Katz

Northwestern University Press 1964. Pp. 114. $3.50.

reviewer: Rev. Robert F. Drinan, S.J.


Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers Nov 1964

Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers

Michigan Law Review

This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.


The Douglas Concept Of God In Government, Leonard F. Manning Apr 1964

The Douglas Concept Of God In Government, Leonard F. Manning

Washington Law Review

Could it be that the protests provoked by Engel were engendered not so much by what the Court held or by what Mr. Justice Black wrote as they were by the absolutist, all-encompassing sweep of Mr. Justice Douglas' concurring opinion? After all, Mr. Justice Douglas had been the author of "accommodations" for religion" and he had quite clearly and forthrightly proclaimed that "We are a religious people whose institutions presuppose a Supreme Being." But now in Engel, as though there were more fundamental questions which demanded more fundamental answers, Mr. Justice Douglas suddenly "grew half sick of shadows" and gave …


Fare Ye Well: Right To Be Let Alone, Louis J. Grippo Jan 1964

Fare Ye Well: Right To Be Let Alone, Louis J. Grippo

Duquesne Law Review

A recent case in the United States Court of Appeals for the District of Columbia has raised a very important question concerning one of our well established rights-that is, the right to be let alone. Judge Skelly Wright, acting singly, has decided that a young adult member of the Jehovah's Witnesses should be given a blood transfusion over her objection-her refusal being based upon her religious beliefs.


Let Us Pray - An Amendment To The Constitution, Charles E. Rice Jan 1964

Let Us Pray - An Amendment To The Constitution, Charles E. Rice

Journal Articles

The catholic, and especially the Catholic lawyer, ought to consider the school prayer matter in several aspects. One aspect is the problem of constitutionality. Another is the question of the practical benefit to be derived from the institutionalization of governmentally-sponsored religious observances. And a third is the problem of whether the long-term interest of the Church will be served by an amendment to overrule the United States Supreme Court's decisions. It will be profitable here to discuss the problems of constitutionality and practical benefit before proceeding to an inquiry as to whether the Catholic opponents of an amendment are, perhaps …


The Establishment Clause And The Ecumenical Movement, Robert C. Casad Jan 1964

The Establishment Clause And The Ecumenical Movement, Robert C. Casad

Michigan Law Review

In recent years the Roman Catholic Church has begun to give tentative official support to the view that eventual reconciliation with the Protestants is feasible and desirable. The acceptance of the ecumenical ideal by the Roman Catholic Church removes virtually all doubt that in the ecumenical movement organized Christianity is facing an upheaval of major importance, comparable perhaps to the Reformation. It is not likely to lose force after a few years, as so many minor religious movements do. It is definitely under way, gaining momentum year by year. It is bound to have far-reaching effects and give rise to …


The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice Jan 1964

The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice

Journal Articles

It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …