Digital Commons Network^™

Publishing Dissent, Arthur J. Jacobson

Washington and Lee Law Review

No abstract provided.

Why The Federal Marriage Amendment Is Not Only Not Necessary, But A Bad Idea: A Response To Christopher Wolfe, Michael Perry

San Diego Law Review

The Federal Marriage Amendment does more than prevent same-sex couples from having marital status. In response to Professor Wolfe, this article contends that the Federal Marriage Amendment prevents state courts and state legislatures from choosing to grant marital status to same-sex couples. Gender complimentarity, the heart of Professor Wolfe's argument and the Federal Marriage Amendment's basis, is too controversial and problematic to bind future generations from allowing same-sex marriage. Even if society is currently opposed to same-sex marriage, this author concludes that the U.S. Constitution should not be amended in a way that prevents future generations from deciding whether to …

160th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

160th University of Notre Dame Commencement and Mass Program including Law School awards

May 13-15, 2005

The Protestant Revolutions And Western Law, William B. Ewald

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition. By Harold J. Berman. Harvard University Press. 2003. xii + 522 pp. Reviewed by: William B. Ewald

Preemption And Law In The Twenty-First Century, David B. Rivkin Jr., Lee A. Casey, Mark W. Delaquil

Chicago Journal of International Law

No aspect of the Bush Administration's foreign policy has caused greater consternation in Europe, at the United Nations, and among the Academy than the doctrine of "preemption." As the President has made clear, both in the 2002 National Security Strategy of the United States of America ("NSS") and in numerous other public statements, the United States claims the legal right to take military action to preempt gathering threats to its national security, with or without the sanction of the UN Security Council. Despite the outraged cries of critics, both at home and abroad, the doctrine of preemptive self-defense is well- …

Book Review: "Introduction To Jewish And Catholic Bioethics: A Comparative Analysis", Stacey A. Tovino

Scholarly Works

Aaron Mackler’s agenda is to provide an orientation to ethical reasoning in the Roman Catholic and Jewish traditions, explore Roman Catholic and Jewish deliberations in five areas of bioethics, and identify and examine the traditions’ divergent and convergent methodologies. Mackler’s spirit is to learn more about his own religious traditions by studying the traditions of others. Accomplishing his agenda while remaining true to his spirit, Mackler shows just how much Jewish and Catholic thinkers can learn from one another.

The Priest-Penitent Privilege – An Hibernocentric Exercise In Postcolonial Jurisprudence, Walter J. Walsh

Articles

Although much has been written on the history of the priest-penitent privilege, this Article will show that such writing tends toward an unconscious, but strong, anglocentric tilt. It seems that no scholar has tried to locate and interpret all the Irish and American sources that inspired this initially hibernocentric, later more generally American, postcolonial deviation from the English common law. Since the Second World War, the significance of Philips and its 1828 New York codification have gained widespread recognition, but the scholarly inquiry has never advanced in any truly historical fashion. This article is thus the first history of the …

“The Indispensable Basis Of Democracy”: American Catholicism, The Church-State Debate, And The Soul Of American Liberalism, 1920–1929, Zachary R. Calo

Scholarly Works

Several recent works of scholarship explore how Establishment Clause jurisprudence has been shaped by broader political debates over the role of religion in public life. This literature focuses on the politics of anti-Catholicism, particularly during the early years of Establishment Clause jurisprudence in the1940s and 1950s. While not questioning the centrality of this period to the historical narrative, this Note argues that the political contest over church and state took shape in an earlier debate over the compatibility of Catholicism and the Constitution during the 1920s. The Church’s response to the anti-Catholicism of this period was of particular importance. Catholic …

Reading/Teaching Lawyer Films, James R. Elkins

Law Faculty Scholarship

No abstract provided.

American Conversations With(In) Catholicism, Richard W. Garnett

Michigan Law Review

The jacket photo for John T. McGreevy's Catholicism and American Freedom is striking. In the foreground, a young and vigorous Pope John Paul II, censer in hand, strides across an altar platform on the Mall in Washington, D.C. His attention is fixed off-camera, presumably at the altar he is about to reverence with incense. At the bottom of the picture, gathered around and below the platform, sits a grainy group of mitre-wearing bishops. Looming directly over the scene, in the background yet dominating the photograph, is the towering dome of the U.S. Capitol Building. This picture is worth many thousand …

Legal Fictions And The Moral Imagination: Female Fictional Lawyers Encounter Professional Responsibility, Kathryn A. Lee, Elizabeth Morgan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Environmental Ethics From The Perspectives Of Nepa And Catholic Social Teaching: Ecological Guidance For The 21st Century, Lucia A. Silecchia

William & Mary Environmental Law and Policy Review

No abstract provided.

Command Responsibility: A Call To Realign Doctrine With Principles, Arthur Thomas O'Reilly

American University International Law Review

No abstract provided.

The Lodestar Of Personal Responsibility, Michael B. Brennan

Marquette Law Review

No abstract provided.

American Conversations With(In) Catholicism, Richard W. Garnett

Journal Articles

CATHOLICISM AND AMERICAN FREEDOM: A HISTORY. By John T. McGreevy. New York and London: W.W. Norton & Co. 2003. Pp. 431. $26.95.

John T. McGreevy's Catholicism and American Freedom tells the story of how America or, more particularly, American liberalism has reacted and responded to Catholic claims about the nature and purpose of freedom. It also addresses how these claims were, in turn, shaped by Catholicism's own interactions with, internal conversations about, and adjustment to American liberalism. As McGreevy shows, for many people and for many years, the Roman Catholic Church served as a foil for American values and …

Just War Theory Requires A New Federation Of Democratic Nations, John J. Davenport

Fordham International Law Journal

I have two goals in these remarks: to support Elshtain's Augustinian argument in her lecture that there can be no true peace with tyrannical regimes, and to critique the U.N. versus U.S. dichotomy that she employs in her most recent book, Just War Against Terror. This book was finished after September 11, 2001 and the war against the Taliban, but before the current U.S. administration began advocating a war to overthrow Hussein's dictatorship in Iraq. Yet the questions that her book raises have become even more relevant since the breakdown of our old alliances over the Iraq war.

The Globalization Of Human Rights: Consciousness, Law And Reality, Douglass Cassel

Journal Articles

Human rights have suffered sharp setbacks in the four years since the paper that follows was delivered in London in the summer of 2000. The terrorist attacks on the United States on September 11, 2001, and the Bush Administration’s ensuing “war on terrorism,” have led not only to a demotion of human rights on the list of American foreign policy priorities, but also to gross violations of human rights by Washington. Among other recent assaults on the rule of law are the prolonged detentions of hundreds of prisoners without trial or due process of law at the United States Naval …

Helping Enact Unjust Laws Without Complicity In Injustice, John M. Finnis

Journal Articles

The form of enactments must be distinguished from their legal meaning (their "juridical effect"), that is, from the propositions of law which those enactments, properly interpreted, make legally valid. This distinction makes it possible, and rationally necessary, to conclude that, in certain contexts, a certain statute which declares or textually implies that some abortions are legally permitted (but others prohibited) is not apermissive law within the meaning of the principle, assumed in this article to be true, that permissive abortion laws are intrinsically unjust and may never be voted for. A permissive statute, in that sense, is one which has …

Environmental Ethics From The Perspective Of Nepa And Catholic Social Teaching: Ecological Guidance For The 21st Century, Lucia A. Silecchia

Scholarly Articles

Over the years, a substantial body of Catholic social teaching has arisen to offer guidance as to the obligations that humanity has as stewards of creation. With ancient roots in Biblical text, and modern exploration in more recent texts, the connection between religious obligation and ecological responsibility has garnered much attention among Catholic thinkers - as well as among religious leaders of other faiths. This article explores the principles of Catholic social thought with respect to the environment and traces the development of those principles from their Biblical origins through the papacy of Pope John Paul II. In tandem with …

Two Kinds Of Criminal Wrongs, Stephen P. Garvey

Cornell Law Faculty Publications

I distinguish two kinds of criminal wrongs. A wrongdoer who acts in defiance of his conscience is guilty of what I call a wicked wrong. A wrongdoer who does not act in defiance of his conscience is guilty of what I call a vicious wrong. The distinction is derived from a conception of immorality typically associated with the Christian tradition. The distinction is important because it determines the moral message a wrongdoer should try to send through the punishment or penance he must endure in order to atone for his wrongdoing.

Lawyers And Truth-Telling, Albert Alschuler

Articles

No abstract provided.

John Noonan On Marriage And The Family: Continuity And Change In Doctrine, William J. Wagner

Scholarly Articles

In support of its critique, this article first analyzes Judge Noonan's general methodological vantage and shows how he proceeds, within that vantage, to formulate general moral norms. Next, it compares Judge Noonan's work with trends in the reasoning of the United States Supreme Court between 1965 and the present to suggest that some of Noonan's assumptions about the longer-term consequences of his own methodology for stability and continuity in moral theology may be unwarranted. Finally, it argues that Noonan is not justified in assuming that adjudicative reasoning, without more, suffices for the formulation of general moral norms, or that transcendent …

The Stewardship Of Lawyering: Lessons From A Visit To Wendell Berry's Port William, Paul A. Lebel

Loyola University Chicago Law Journal

No abstract provided.

Bishops’ Norms: Commentary And Evaluation, Ladislas M. Örsy

Georgetown Law Faculty Publications and Other Works

In November 2002, the U.S. Conference of Catholic Bishops approved the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priest or Deacons ("Norms") in response to allegations of sexual abuse of minors by Roman Catholic Church ("Church") officials. This Article examines the Norms on the basis of canonical traditions and the concepts, propositions, and positions contained with them. It strives to find the meaning of the individual norms within the broader context of the life and beliefs of the Church and its need to have structures that prevent corruption and promote healthy growth. The …

The Just War Ethic In International Law, Joseph C. Sweeney

Fordham International Law Journal

To the student and practitioner of international law in the twenty-first century, the just war ethic is clearly part of Moral Theology--binding the consciences of ethical people everywhere --but it is not part of international law. Nevertheless, there is today a lingering flavor of the Just War Ethic in debates about issues that are partly moral and partly political, such as: 1. the testing and use of nuclear weapons; 2. combating terrorism; and 3. humanitarian intervention to save lives and the human environment. None of these activities is authorized expressly in the United Nations Charter. What is an unjust war …

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny

Journal Articles

A discussion on the contribution of Judge John T. Noonan’s works on moral doctrine to the study of Catholic moral theology. Professor Kaveny argues that Noonan’s writings have aided the development of Catholic moral doctrine by examining its rich living history and tradition. She notes that Noonan views the subject as a social historian who is interested in how Catholics have interpreted moral theology over time, tracing continuities and changes in their positions, and as a lawyer who is interested in learning how they have tried to find a balance between human dignity and the common good. Professor Kaveny addresses …

Cultural Change And "Catholic Lawyers", Stephen F. Smith

Journal Articles

If there is anything that America definitely does not need, it would seem, it is more lawyers. Over the last thirty years or so, the number of lawyers practicing in the United States has almost tripled to current levels of roughly 900,000 practicing attorneys. To this number, our nation's law schools add another 35,000 attorneys annually. In spite of this, the purpose of this special inaugural law review issue is to commemorate the founding of a new school, the Ave Maria School of Law. It is an honor for me to be able to share in the joy and pride …

'Within The Orbit Of This Life' – Samuel Pufendorf And The Autonomy Of Law, David Saunders

Cardozo Law Review

No abstract provided.

Business And The Common Good In The Catholic Social Tradition, Robert G. Kennedy

Villanova Journal of Law and Investment Management (1999 - 2002)

No abstract provided.

Yale Rosenberg: The Scholar And The Teacher Of Jewish Law, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

In the early 1980s, when he was a young professor at the University of Houston Law Center, the author had the occasion to meet Yale Rosenberg. It was clear from their discussion that Professor Rosenberg had a strong interest in Jewish law as well as a strong knowledge base. They discussed teaching such a course at the University of Houston Law Center. Professor Rosenberg was doubtful about teaching a course in Jewish law at a secular law school, particularly one in Texas. But that conversation began a series of conversations where Yale explored in some depth the course that we …