Digital Commons Network^™

Defining Fetal Life: An Establishment Clause Analysis Of Religiously Motivated Informed Consent Provisions, Justin R. Olson

Indiana Law Journal

No abstract provided.

Life In The Balance: Judicial Review Of Abortion Regulations, Khiara Bridges

Faculty Scholarship

Since the Supreme Court’s decision in Roe v. Wade, scholars have been preoccupied with the test that ought to be applied to abortion regulations. Debate has swirled around the question of whether laws that burden the abortion right should be reviewed with strict scrutiny, rational basis review, or some other multi-factor or categorical test and at what point during pregnancy these tests are appropriate. Moreover, since Planned Parenthood v. Casey, in which the Court replaced Roe’s trimester framework with the undue burden standard, commentators have questioned the propriety of this new test. This Article argues that the most important change …

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

Articles

No abstract provided.

Catholic Moral Teaching And Natural Law: Changing The Way We Think About And Teach Professional Legal Ethics, Peter P. Meringolo

Loyola University Chicago Law Journal

Lawyers have had a hand in virtually every financial scandal in recent news. These lawyers are hired to advise clients about how to structure hedge funds, financial products, and financial transactions. Because global economies are becoming more interconnected, when large and risky financial transactions fail, they shake the stability of markets around the world.

The “hired gun” mentality is prevalent throughout the legal profession. In this mindset, lawyers believe that because they are engaged by a client, they must do their client’s bidding, and must be singularly focused on their client’s sole interests. Can we do anything to encourage lawyers …

Targeting And The Concept Of Intent, Jens David Ohlin

Michigan Journal of International Law

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 …

A Reasonable Doubt About "Reasonable Doubt", Miller W. Shealy Jr.

Oklahoma Law Review

The Supreme Court has failed to define the concept of “reasonable doubt” with any precision. The Court tolerates conflicting definitions of “reasonable doubt.” It permits some jurisdictions to forbid any definition of “reasonable doubt,” while giving others wide latitude to define the concept in ways that are contradictory. If the Court truly regards the “proof beyond a reasonable doubt” standard to be an “ancient and honored aspect of our criminal justice system,”1 a “bedrock ‘axiomatic and elementary’ principle whose ‘enforcement lies at the foundation of the administration of our criminal law,’”2 then the Court cannot continue to tolerate the current …

Private Lawyer In Disguise? On The Absence Of Private Law And Private International Law In Martti Koskenniemi’S Work, Ralf Michaels

Faculty Scholarship

No abstract provided.

Virtue And Advice: Socratic Perspectives On Lawyer Independence And Moral Counseling Of Clients, Michael S. Mcginniss

Texas A&M Law Review

This Article examines the ethical and moral responsibilities of lawyers in their role as advisors to clients, with continual reference to the Greek philosopher Socrates.* Although Socrates was not a lawyer, he was an “advisor,” who lived a life committed to engaging in dialogue about virtue and its meaning and, at times, about the law and one’s duties in relation to the law. According to Rule 2.1 of the ABA Model Rules of Professional Conduct, when representing clients and acting as advisors, lawyers are expected to “exercise independent professional judgment” and “render candid advice,” which includes authority to counsel clients …

Mistakes About Intention In The Law Of Bioethics, Michael P. Moreland

Law and Contemporary Problems

No abstract provided.

Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan

Working Paper Series

This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle …

Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions , W. Bradley Wendel

Law and Contemporary Problems

No abstract provided.

Healing Memory, Ontological Intimacy, And U.S. Imprisonment: Toward A Christian Politics Of “Good Punishment” In Civil Society , James Logan

Law and Contemporary Problems

No abstract provided.

Hauerwas On “Hauerwas And The Law”: Trying To Have Something To Say, Stanley Hauerwas

Law and Contemporary Problems

No abstract provided.

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien

University of Arkansas at Little Rock Law Review

Over time, the definition of family has shifted from being premised upon kinship to legal status. In modern times, family structure is based more upon function than form, seeking to derive its status as a family from the subjective intent of its members to act as a family. Many early settlers in the colonial territories came to America to escape religious persecution and practice their own religion.

For that reason, biblical language and religious doctrine formed the basis for common law, statutes, and practice. Today, there remains the notion among many Americans that the law represents a divine plan and …

Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Co-sponsored with the Colorado European Union Center of Excellence and the Presidents Leadership Institute at the University of Colorado Boulder.

The ability to harness energy is fundamental to economic and social development. Worldwide, almost 3 billion people have little or no access to beneficial energy resources for cooking, heating, water sanitation, illumination, transportation, or basic mechanical needs. Energy poverty exacerbates ill health and economic hardship, and reduces educational opportunities, particularly for women and children. Specifically, access to efficient and affordable energy services is a prerequisite for achieving the Millennium Development Goal (MDG) relating to poverty eradication.

In response, the UN …

167th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

167th Commencement Program including Commencement Mass

May 18-20, 2012

Originalism And The Aristotelian Tradition: Virtue’S Home In Originalism, Lee J. Strang

Fordham Law Review

No abstract provided.

Law Library Newsletter, Volume 3, Issue 6 - March/April 2012, Kresge Law Library

Law Library Newsletter

Say goodbye to friends and coworkers. Learn about Notary Public Services at NDLS Read tips about handling exam stress effectively. Recommended Apps for you! Know where to go to enjoy springtime.

INSIDE THIS ISSUE:

Notary Services
New Copying Scanning Public Domain
e-Books Exam study tips
Off the Shelf
Lexis Advance
Apps for Law
Students Research Redux
Retirement party photos

Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt’S Development, Randolph N. Jonakait

The University of New Hampshire Law Review

[Excerpt] “The prosecution must prove every element of the crime beyond a reasonable doubt for a valid conviction. The Constitution nowhere explicitly contains this requirement, but the Supreme Court in In re Winship1 stated that due process commands it. Justice Brennan, writing for the Court, noted that the Court had often assumed that the standard existed, that it played a central role in American criminal justice by lessening the chances of mistaken convictions, and that it was essential for instilling community respect in criminal enforcement. The reasonable doubt standard is fundamental because it makes guilty verdicts more difficult. As Winship …

After Gender The Destruction Of Man? The Vatican’S Nightmare Vision Of The “Gender Agenda” For Law, Mary Anne Case

Pace Law Review

No abstract provided.

Santa Clara Magazine, Volume 54 Number 1, Summer 2012, Santa Clara University

Santa Clara Magazine

14 - BELLA VITA By Ron Hansen M.a. '95. After 66 years, Professor Victor Vari is retiring. He's imparted to generations of Santa Clara students an understanding of Italian language and culture-and how to live a beautiful life.

18 - THE SPORTING LIFE By Ann Killion. From when women first arrived on the Mission Campus 50 years ago and athletics was a dirty word-to internationally known programs and penalty shots heard 'round the world.

20 - RESPECT THE GAME By Britt Yap. They've been national champs and the subject of dreams-may-cometrue movies. But in the beginning, they were women who …

Family Law's Challenge To Religious Liberty, Raymond C. O'Brien

Scholarly Articles

This Article argues that challenges made to family law structures have provoked a significant reaction from persons and religious organizations advocating a distinctive worldview based on religious and historical values. Additionally, as family law changes from being a product of a religioushistorical worldview to being a product of private-ordering, the religious liberty of worldview adherents has been challenged. The struggle is apparent in the debates during the 2012 presidential election and is evidenced in government mandates that include, among other requirements, that employersincluding religious organizations-provide insurance coverage for employees that include contraception. Although many aspects of family law have been …

Educating Lawyers For Community, Anthony V. Alfieri

Articles

This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …

Methodological Versus Naturalistic Legal Objectivity, Kenneth K. Ching

Saint Louis University Law Journal

No abstract provided.

Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt's Development, Randolph N. Jonakait

Articles & Chapters

Lessons can be learned about finding the original meaning of American criminal procedure rights by an examination of the development of the reasonable doubt standard. This is for a number of reasons. First, the status of the reasonable doubt standard seems secure. No debate questions the constitutional requirement that an accused can only be convicted if the crime is proven beyond a reasonable doubt. The standard’s original meaning can be explored uncolored by the partisanship often engendered when present seekers of original meaning hope to define a new contour to a constitutional guarantee. Furthermore, serious scholars have studied the reasonable …

Human Dignity And Health Law: Personhood In Recent Bioethical Debates, Zachary R. Calo

Scholarly Works

This Article considers how the idea of human dignity has shaped, and been shaped by, recent bioethical debates, particularly concerning the issue of genetic engineering and enhancement. While the language of human dignity has long had a role in bioethics, the issue of genetic manipulation has raised anew fundamental questions about the nature of personhood and the meaning of dignity. Particular attention is given to Ronald Green’s “Babies by Design,” George Kateb's “Human Dignity,” Gilbert Meilaender's “Neither Beast Nor God: The Dignity of the Human Person,” Robert George's and Christopher Tollefsen's “Embryo: A Defense of Human Life,” Michael Sandel’s “The …

The Abortion Informed Consent Debate: More Light, Less Heat, Nadia N. Sawicki

Cornell Journal of Law and Public Policy

No abstract provided.

Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara Bridges

Faculty Scholarship

In Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade, with a new test for determining the constitutionality of abortion regulations — the “undue burden standard.” The Court’s 2007 decision in Gonzales v. Carhart was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions. A majority of the Court held that the regulation was constitutionally permissible, finding …

Lawyering In The Christian Colony: Some Hauerwasian Themes, Reflections, And Questions, W. Bradley Wendel

Cornell Law Faculty Publications

One who shared Hauerwas's theological commitments might find it difficult to serve as a lawyer, given that the principles of legal ethics are grounded in the kind of political liberalism that Hauerwas finds repellent. For example, Stephen Pepper's well known liberal defense of the standard conception of legal ethics pretty much pushes all of the buttons that set off Hauerwas. Pepper argues that while the law necessarily imposes restrictions on what we may do, but no one else is empowered to place restrictions on our autonomy. In a complex, highly legalistic society, however, citizens are necessarily required in some cases …

In Light Of Oklahoma Sq 755: How Islamic Law Antecedes In Solving Minorities’ Personal Law Issues?, Mansour A. Alhaidary

Cornell Law School Inter-University Graduate Student Conference Papers

In November 2010, a proposal was passed to amend Section 1 of Article VII of the Oklahoma State Constitution to prevent considering Sharia Law in making judicial decisions as well as international law. This amendment is being challenged in the court by Muslims and a temporary restraining order has been granted. In this paper, I will show, in contrast to what Oklahoma legislators wanted to enact, how Islamic law of 1400 years ago provided freedom of application of personal law for religious minorities more than any other legal system. Although other legal systems provide one type of freedom or another, …