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Brief Amicus Curiae Of The American Catholic Lawyers Association Pleasant Grove City, Utah, V. Summum,129 S.Ct. 1125, Edward C. Lyons
Brief Amicus Curiae Of The American Catholic Lawyers Association Pleasant Grove City, Utah, V. Summum,129 S.Ct. 1125, Edward C. Lyons
Edward C. Lyons
No abstract provided.
Reason's Freedom And The Dialectic Of Ordered Liberty, Edward Lyons
Reason's Freedom And The Dialectic Of Ordered Liberty, Edward Lyons
Edward C. Lyons
The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could …
In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons
In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons
Edward C. Lyons
In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as …
Oregon V. Smith And The Religious Freedom Restoration Act: An Educational Perspective, Edward C. Lyons
Oregon V. Smith And The Religious Freedom Restoration Act: An Educational Perspective, Edward C. Lyons
Edward C. Lyons
No abstract provided.