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Full-Text Articles in Law
Catholic Health Care And The Diocesan Bishop, John J. Coughlin
Catholic Health Care And The Diocesan Bishop, John J. Coughlin
Journal Articles
Over the course of the last decade, the provision of health care in the United States has been undergoing a radical transformation. The days when an insurer, such as Blue Cross and Blue Shield, paid a standard fee to a physician who provided a specified service to an individual patient are passing rapidly. This fee-for-service concept, which characterized American health care from the end of World War II until the 1990s, is being supplanted by a variety of arrangements that fall under the general rubric of "managed care." The fundamental approach of managed care is to provide the patient with …
Law And Theology: Reflections On What It Means To Be Human From A Franciscan Perspective, John J. Coughlin
Law And Theology: Reflections On What It Means To Be Human From A Franciscan Perspective, John J. Coughlin
Journal Articles
When I was first asked in March of 2000 to speak at this conference on the topic of "law and theology," many thoughts crossed my mind. I could address: the role of religion in American political life, euthanasia, medieval canon law and theology, the death penalty, the Jewish origins of the Pauline perspective on law, the ethics of DNA experimentation, Muslim theology and law, the relation between Marxist political theory and Christian eschatology, or several other "light" issues. Upon second thought, perhaps a more straight-forward approach would be beneficial. I might review the plan of salvation history, and then as …
The Primacy Of Political Actors In Accommodation Of Religion, William K. Kelley
The Primacy Of Political Actors In Accommodation Of Religion, William K. Kelley
Journal Articles
This article focuses on the relationship between freedom of religion and the norm against non-establishment of religion in the context of government efforts to accommodate religious practices. It analyzes First Amendment doctrine in this area, and concludes that the Supreme Court has consistently been generous in permitting accommodations of religion when they are the product of judicial decisions; in other words, at least until recently the Court has been open to mandatory accommodations so long as they are ordered by judges. By contrast, the Court has long been suspicious of - and far from generous in permitting - accommodations as …
Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett
Taking Pierce Seriously: The Family, Religious Education, And Harm To Children, Richard W. Garnett
Journal Articles
Many States exempt religious parents from prosecution, or limit their exposure to criminal liability, when their failure to seek medical care for their sick or injured children is motivated by religious belief. This paper explores the question what, if anything, the debate about these exemptions says about the state's authority to override parents' decisions about education, particularly religious education. If we accept, for example, that the state may in some cases require medical treatment for a child, over her parents' objections, to avoid serious injury or death, should it follow that it may regulate, or even forbid, a child's religious …
What O'Clock I Say: Juridical Epistemics And The Magisterium Of The Church, Robert E. Rodes
What O'Clock I Say: Juridical Epistemics And The Magisterium Of The Church, Robert E. Rodes
Journal Articles
Legal pronouncements to the effect that such and such is the case can be divided into three categories, which the paper calls normative, constitutive, and epistemic. The paper defines these three legal categories, explores examples of each of in the law of the state, and then examines church pronouncements under the same categories to see what light the analogy of secular law can shed on them. The Church's assertions of authority regarding faith and morals are epistemic in nature. Epistemic pronouncements by authority, whether in Church or state, are binding on anyone who is not better informed than the author, …