Digital Commons Network^™

Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander

Richmond Public Interest Law Review

This paper suggests that judicial opinions often reflect ajudge's position on what is ethical and useful in the real world of constitutional values. It further suggests that an appreciation of legal philosophical theory assists one in understanding the ethical and public policy dimensions of a court's opinion. Do judges' opinions parallel philosophical theories constructed by philosophers or is any apparent relationship mere coincidence? This paper suggests the former-that a judge's belief system, education, and experiences 2 include the adoption of judicial philosophies, the expression of which can be found in his or her written opinions.

After Gender The Destruction Of Man - The Vatican's Nightmare Vision Of The 'Gender Agenda' For Law, Mary Anne Case

Articles

No abstract provided.

Between Liberalism And Theocracy, John D. Inazu

Campbell Law Review

Our symposium conveners have focused us on "the relationship between liberalism and Christianity and their influence on American constitutionalism."' My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for navigating the relationship between church and state.' By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), I hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are …

John Courtney Murray, S. J.: A Model Of Engagement, Robert John Araujo

Loyola University Chicago Law Journal

No abstract provided.

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

Faculty Publications & Other Works

No abstract provided.

John Courtney Murray S.J.: A Model Of Engagement., Robert J. Araujo S.J.

Faculty Publications & Other Works

No abstract provided.

Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander

Richmond Journal of Law and the Public Interest

This paper suggests that judicial opinions often reflect ajudge's position on what is ethical and useful in the real world of constitutional values. It further suggests that an appreciation of legal philosophical theory assists one in understanding the ethical and public policy dimensions of a court's opinion. Do judges' opinions parallel philosophical theories constructed by philosophers or is any apparent relationship mere coincidence? This paper suggests the former-that a judge's belief system, education, and experiences 2 include the adoption of judicial philosophies, the expression of which can be found in his or her written opinions.

Between Liberalism And Theocracy, John D. Inazu

Scholarship@WashULaw

Our symposium conveners have focused us on “the relationship between liberalism and Christianity and their influence on American constitutionalism.” My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for the relationship between church and state. By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are prone to …

Dialogue Magazine, Winter 2011

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Between Liberalism And Theocracy, John D. Inazu

Faculty Scholarship

Our symposium conveners have focused us on “the relationship between liberalism and Christianity and their influence on American constitutionalism.” My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for the relationship between church and state. By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are prone to …

The First Amendment's Religion Clauses: "Freedom Of Conscience" Versus Institutional Accommodation, Michael J. White

San Diego Law Review

The phrase "freedom of conscience" is, of course, not to be found in the United States Constitution: the First Amendment says only that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." However, it seems probable that one, then-contemporary Protestant conception of freedom of conscience was presupposed in these two clauses. Evidence for this conjecture can be found not only in the debate and proposals concerning the Bill of Rights of the United States Constitution but also in the frequently more expansive language of early state constitutions.

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

Washington and Lee Law Review

In Planned Parenthood of Southeastern Pennsylvania v. Casey,' the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade,2 with a new test for determining the constitutionality of abortion regulations-the "undue burden standard."3 The Court's 2007 decision in Gonzales v. Carhart 4 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.5 A majority of the Court held that the regulation was constitutionally permissible, finding that …

Natural Law, Positive Law, And Conflicting Social Norms In Harper Lee's To Kill A Mockingbird, Maureen E. Markey

North Carolina Central Law Review

No abstract provided.

Semiotic Definition Of Lawfare, Susan W. Tiefenbrun

Case Western Reserve Journal of International Law

No abstract provided.

Rethinking Atticus Finch, Peter Zwick

Case Western Reserve Law Review

No abstract provided.

Love, Truth And The Economy: A Reflection On Benedict Xvi's Caritas In Veritate, John M. Breen

Faculty Publications & Other Works

No abstract provided.

Foundations For A Revival Of The Case Method In Civil Law Education, Fernando M. Toller

Journal of Civil Law Studies

The article explores the origins, foundations, and present development of the case method in the Civil Law tradition. It supports the idea that, properly defined, this methodology is very suitable for law, and not only in Common Law jurisdictions, but also the Civil Law and is even more appropriate in Continental law schools. There are indeed some undisputable common roots between Common Law and Civil Law regarding this pedagogical tool.

The misunderstandings and skepticism about the usability of this method in Civil Law education are challenged and answered. The article proves that the case method is a serious and useful …

Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland

Villanova Law Review (1956 - )

No abstract provided.

Finding The Middle Ground: Acuna V. Turkish And The New Jersey Supreme Court's Reaffirmation Of A Doctor's Role Under The Doctrine Of Informed Consent In The Digital Age, Allyson M. Rucinski

Pace Law Review

No abstract provided.

164th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

164th Commencement and Mass Program

Saturday, May 16, 2009

Theology In Public Reason And Legal Discourse: A Case For The Preferential Option For The Poor, Russell Powell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

He Speaks Not, Yet He Says Everything; What Of That?: Text, Context, And Pretext In State V. Jeffrey Dahmer, Gregory J. O'Meara S.J.

Faculty Publications

In State v. Dahmer, the defense attempted to lead the jury through a series of inferences to conclude that the defendant was insane at the time he committed each of the fifteen murders charged; it portrayed a client who was fully cooperative and honest once the authorities arrested him. To make this approach work, the defense needed narrative distance between the defendant and the jury so he could not be cross examined about his meticulous planning of each murder or his prior inconsistent statements. This paper briefly lays out the development of the defense of insanity, focusing on the different …

Regulating Physician Behavior: Taking Doctors’ “Bad Law” Claims Seriously, Sandra H. Johnson

Saint Louis University Law Journal

No abstract provided.

Theocracy In America: Should Core First Amendment Values Be Permanent, Miriam Galston

UC Law Constitutional Quarterly

Recent attempts to craft constitutions in Iraq and Afghanistan have focused attention on problems that emerge in countries with a governmentsponsored religion that attempt to organize as constitutional democracies. The tension inherent in combining theocratic and democratic principles seems foreign in the United States because of the nation's longstanding commitment to the First Amendment's guarantee of free exercise of religion for individuals and disestablishment of religion on the part of government entities. Yet the United States is not totally immune from this tension.

In the last several decades, there has been increasing pressure to adopt amendments for the purpose of …

Neutrality In Liberal Legal Theory And Catholic Social Thought, John M. Breen

Faculty Publications & Other Works

No abstract provided.

A Modern Legal Ethics: Adversary Advocacy In A Democratic Age, Robert E. Rodes

Journal Articles

Professor Markovits has given us in A Modern Legal Ethics a profound, provocative, and closely argued philosophical treatment of his subject. He begins by asserting "that adversary advocates commonly do, and indeed are often required to do, things in their professional capacities, which, if done by ordinary people in ordinary circumstances, would be straightforwardly immoral" (1). Noting that lawyers commonly take issue with such a claim, he sets out to prove it in a chapter called "The Lawyerly Vices," divided into two sections: "Lawyers Lie," and "Lawyers Cheat." Against these, he sets the "lawyerly virtues" of "professional detachment" and "fidelity."

The Courts, Natural Rights, And Religious Claims As Knowledge, Francis J. Beckwith

Santa Clara Law Review

No abstract provided.

Regulating Physician Behavior: Taking Doctors’ 'Bad Law' Claims Seriously, Sandra H. Johnson

All Faculty Scholarship

Physician behavior is a key target of government regulation intended to improve the efficiency, quality, and accessibility of health care. Yet according to physicians’ "bad law" claims, the legal effort to promote patient health and well-being has actually caused significant harm. These "bad law" claims - that malpractice litigation prompts defensive medicine, that patients’ rights policies prompt doctors to provide futile care, that controlled substance laws cause physicians to undertreat patients in pain - have diminished in significance due to the deconstruction of professionalism. Claims are often discarded as the cries of "bad apple" doctors or in the interest of …

Laws Of The 70'S: Badiou's Revolutionary Untimeliness, Emily Apter

Cardozo Law Review

No abstract provided.

Catholicism’S Critique Of Civil Society At The Turn Of The Millennium, George E. Garvey

Scholarly Articles

No abstract provided.