Digital Commons Network^™

Insanity As A Defense In Criminal Law, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.

Infancy, Statutes Of Fraud And Limitations

The Catholic Lawyer

No abstract provided.

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, B Bussey

Law Papers and Journal Articles

The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …

Advance Directives: A Case Of Changing Social Norms And Their Legal Implications, Ira Bedzow

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Lights Hidden Under Bushel's Case, Thomas A. Green

Book Chapters

Some forty years ago, Charlie Donahue created a course which he titled "Law, Morals and Society." Designed for undergraduates, and situated among the offerings of the University of Michigan's interdisciplinary Medieval and Renaissance Collegium, the course reflected the approach to doing history that, as this volume recognizes, Charlie has followed throughout his long and enormously influential career as scholar, teacher, lecturer, and inepressible master of well-timed interventions during conference-panel discussion periods. "LMS" was composed of four units. Charlie, who taught two of them, led off with the legal basis for the deposition of Richard II; I followed with the law …

Against Circumspection: Judges, Religious Symbols, And Signs Of Moral Independence, Benjamin Berger

Articles & Book Chapters

This chapter questions the interpretation of religious ­ signs and symbols— and the interpretive possibilities that emerge when we demand more from one another in thinking about such symbols— by ­ examining the question of judges and religious dress in the particular context of the judge’s role as wielding the coercive force of the state through the exercise of criminal punishment. I advance the argument that recent debates have proceeded on a misleadingly simplistic approach to understanding the meaning of signs of religious belonging and identity in this setting and that, with this, we miss an opportunity for a deeper …

The Trial Of Tom Robinson, Jonathan Van Patten

Faculty Publications

No abstract provided.

Hobby Lobby, Birth Control, And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West

Health Matrix: The Journal of Law-Medicine

The article examines the political, legal and constitutional challenges related to Birth control laws in the U.S. It discusses Supreme Court jurisprudence, such as Burwell v. Hobby Lobby Stores Inc. and birth control drug law and treatments.

The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry

BYU Law Review

No abstract provided.

The Declaration As Ur-Constitution: The Bizarre Jurisprudential Philosophy Of Professor Harry V. Jaffa, Patrick M. O'Neil

Akron Law Review

In his most recent work, Original Intent and the Framers of the Constitution: A Disputed Question, Professor Harry V. Jaffa finally has put together in one place the core of his constitutional hermeneutic with all the attendant elements of his jurisprudential philosophy. Stated in oversimplified terms, perhaps, Dr. Jaffa sees the Declaration of Independence as the source of the principles embodied in the Constitution of the United States and finds the Declaration, furthermore, to be an indispensable aid to the correct interpretation of that later document. In order to comprehend the error of Jaffa's claims, one must first consider several …

Further Reflections On Teaching Professionalism: A Thank You Note To Jack Sammons, Patrick Emery Longan

Mercer Law Review

In 2009, I published Teaching Professionalism in this Law Review to describe the content and methods of Mercer's first-year course on professionalism. Since then, we have made significant changes to the course, and it seems fitting to share some of those developments in the context of a Symposium that honors the scholarship and teaching of Jack Sammons. As I noted in the earlier article, the idea for the course came from Jack before I ever came to Mercer. It is also appropriate to use this occasion for another reason. I can trace the early design of the course, and most …

Catholic Health Care And The Affordable Care Act: A Matter Of Social Justice, Mary Mcdonough

Intercultural Human Rights Law Review

With over a billion members, the Catholic Church is the largest Christian denomination in the world. It also manages twenty six percent of all health facilities worldwide.' In the U.S., where one in six patients is treated at a Catholic hospital, the Catholic health care network is the largest group of nonprofit health care providers in the country. With more than 600 hospitals and 1,400 long-term care and other health related facilities, Catholic health care has been a powerful presence in the U.S. for a long time. The Sisters of Charity were the first religious community to staff a hospital …

Anticipating Hiv Vaccines: Sketching An Agenda For Public Health Ethics And Policy In The United States, James M. Dubois, Amanda Hine, Michele Kennett, Kayla Kostelecky, Joseph Norris, Rachel Presti, Kathryn Raliski, Jessi Roach, Adam Ruggles

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Reimagining Access To Justice In The Poor People’S Courts, Elizabeth L. Macdowell

Scholarly Works

Access to justice efforts have been focused more on access than justice, due in part to the framing of access to justice issues around the presence or absence of lawyers. This article argues that access to justice scholars and activists should also think about social justice and provides a roadmap for running a legal services program geared toward making court systems more just. The article also further develops the concept of “poor people’s courts,” a term that has been used to describe courts serving large numbers of low-income people without representation. The article argues that access to justice efforts can …

Hobby Lobby, Birth Control And Our Ongoing Cultural Wars: Pleasure And Desire In The Crossfires, Robin West

Georgetown Law Faculty Publications and Other Works

Both sides of the birth control debate agree that birth control artificially prevents or interrupts conception, allowing women to control their own fertility and allowing heterosexual men and women to enjoy unconstrained sexual liberty. However, the decision in Hobby Lobby omitted all discussion of this central function of birth control, and contained no mention of arguments for or against birth control that assume it.

This piece examines and criticizes the two major arguments opposing and supporting birth control on this understanding of its function and core social meaning: first the neo-natural lawyers’ argument against birth control advanced in a papal …

Polycarp's Dilemma: A Discussion Of Nicholas Wolterstorff's The Mighty And The Almighty: An Essay In Political Theology, Richard W. Garnett

Journal Articles

The Mighty and the Almighty: An Essay in Political Theology. By Nicholas Wolterstorff. Cambridge: Cambridge University Press, 2012. Pp. 190. $94.00 (cloth). ISBN: 9781107027312. $29.99 (paper). ISBN: 9781107673809.

From the Review

In March of 2014, a distinguished group of scholars from a variety of institutions and disciplines gathered at Notre Dame Law School to discuss and appreciate Nicholas Wolterstorff's 2012 book, The Mighty and the Almighty: An Essay in Political Theology. This stimulating conversation, like several other similar events at Notre Dame in recent years, was convened and supported by the Law School's Program on Church, State, and …

Catholic Social Thought And Human Rights, Zachary R. Calo

Scholarly Works

As the dominant moral vocabulary of modernity, the language of human rights establishes significant points of contact between the religious and the secular. Yet, the human rights movement increasingly finds itself in a contested relationship with religious ideas and communities. Even as it draws on the inherited moral resources of religion, the human rights movement, at least in its dominant institutional and intellectual expressions, presents itself as a totalizing moral theory that challenges countervailing theological accounts of human rights. This article considers the distinctive account of human rights that has emerged within Catholic social teaching. Particular attention is given to …

The Santa Clara, 2014-10-23, Santa Clara University

The Santa Clara

No abstract provided.

"To Erasmians, Everywhere": Reflections On The Life And Work Of Judge John T. Noonan, Jr., Michael Sweeney O.P.

Villanova Law Review (1956 - )

No abstract provided.

Judge John T. Noonan, Jr.: An Introduction, William Cardinal Levada

Villanova Law Review (1956 - )

No abstract provided.

Seven Teachers In The Tradition, John T. Noonan Jr.

Villanova Law Review (1956 - )

No abstract provided.

Judge John T. Noonan, Jr.: An Introduction, Patrick Mckinley Brennan

Villanova Law Review (1956 - )

No abstract provided.

Catholic Ideas About War: Why Does Carl Schmitt Reject Natural Law Justifications Of War?, G.J. Mcaleer

Touro Law Review

No abstract provided.

Sign Of The Cross And Jurisprudence, Edward J. Murphy

Notre Dame Law Review

No abstract provided.

Sign Of The Cross And Jurisprudence, Edward J. Murphy

Notre Dame Law Review

No abstract provided.

Vol. 46, No. 06 (February 24, 2014)

Indiana Law Annotated

No abstract provided.

Cura Personalis: A Healthcare Delivery Quandary At The End Of Life, George P. Smith Ii

Saint Louis University Journal of Health Law & Policy

Holistic Medicine traces its provenance to the foundational value or chrism of the Society of Jesus of cura personalis which directs respect be given to all individuals and to their souls — especially whenever medical healing is required. Today, the notion of best patient care should include not merely attention to somatic issues of refractory pain management but, equally, to non-somatic or existential suffering. It is at the end-stage of life that palliative — as opposed to curative — care must be provided. When a condition is seen as medically futile, this Article advocates palliative or deep sedation — when …

Defending The Public Good And Traditional Society: Non-Scriptural Religious Objections To Same-Sex Marriage, Donald H. J. Hermann

Valparaiso University Law Review

No abstract provided.

Freedom Of Conscience As Religious And Moral Freedom, Michael J. Perry

Faculty Articles

In another essay being published contemporaneously with this one, I have explained that as the concept "human right" is understood both in the Universal Declaration of Human Rights and in all the various international human rights treaties that have followed in the Universal Declaration's wake, a right is a human right if the rationale for establishing and protecting the right-for example, as a treaty-based right-is, in part, that conduct that violates the right violates the imperative, articulated in Article i of the Universal Declaration, to "act towards all human beings in a spirit of brotherhood." Each of the human rights …

Targeting And The Concept Of Intent, Jens David Ohlin

Cornell Law Faculty Publications

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems, often civil law jurisdictions, prosecutors, judges and even scholars have progressively …