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Full-Text Articles in Law

Educational Justice And The Recognition Of Marriage, Scott T. Fitzgibbon Jul 2011

Educational Justice And The Recognition Of Marriage, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

This article describes a fundamental dimension, ignored in the literature, of the ethical basis of the fiduciary relationship. It considers and rejects an account of the fiduciary relationship based on contract. It develops, instead, a virtue-based approach to the fiduciary relationship founded upon the goods of faithfulness, beneficence, clarity of thought, and dedication to the truth.

This article proposes that the relationship between teacher and student is fiduciary. It develops the thesis that a primary or secondary school teacher has especially high duties to the student: obligations, resembling those of a guardian, a trustee, an executor, and an attorney, of ...


Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley Jan 2011

Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley

Law Faculty Articles and Essays

The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.

This paper will examine legal issues related to the ability ...