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In Memoriam: Yale Rosenberg, Nancy B. Rapoport

Scholarly Works

In memory of Yale Rosenberg, much-appreciated colleague at the University of Houston Law Center.

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin Quinn

Faculty Publications

The ability to generate a wide variety of stem cell lines (in relatively renewable tissue cultures) opens up a whole new world of breathtaking possibilities for science and medicine. The possibilities include: "in vitro studies of normal embryo-genesis, human gene discovery, and drug and teratogen testing and as a renewable source of cells for tissue transplantation, cell replacement, and gene therapies." But it also opens up a world of complications.

Human EG and ES cells must be recovered from aborted fetuses or live embryos. Because primordial gonadal tissue is removed from fetuses after their death, the derivation of EO cells …

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin P. Quinn

St. Thomas Law Review

No abstract provided.

Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin

Fordham Urban Law Journal

This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin P. Quinn

Georgetown Law Faculty Publications and Other Works

The debate over human embryonic stem cell research-scientific and clinical prospects as well as ethical implications-became front-page news only after two teams of university researchers reported in November 1998 that they had isolated and cultured human pluripotent stem cells. The discovery caused a flurry of excitement among patients and researchers and drew attention from President Clinton, who instructed the National Bioethics Advisory Commission (NBAC) to "conduct a thorough review of the issues associated with. .. human stem cell research, balancing all medical and ethical issues.”

Catholics, The Magisterium, And Moral Controversy: An Argument For Independent Judgment (With Particular Reference To Catholic Law Schools), Michael J. Perry

University of Dayton Law Review

No abstract provided.

Jews, Christians, Lawyers, And Money, Thomas L. Shaffer

Journal Articles

Years ago, when I was the resident guru in legal ethics at Washington and Lee University, in the little mountain town of Lexington, Virginia, a reporter from the daily newspaper in Roanoke asked me to identify the most serious ethical issue for American lawyers. My answer: "Money."

Part of that answer reflected the fact that American lawyers make about twice as much money as lawyers in other "developed" countries. And American lawyers make, on the average, fifty percent more than average Americans do. (Reference to averages and means here do not reflect how steep the incline is from the middle …

An Activist At Harvard Law School, Peter M. Cicchino

American University Law Review

No abstract provided.

The Mandatum, Again, Gerard V. Bradley

Journal Articles

President's Page

Bradley writes about the mandatum requirement of Canon 812, which Ex Corde Ecclesia presents as central to the Catholicity of college or university.

Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo

BYU Law Review

No abstract provided.

Borrowing Experience: Using Reflective Lawyer Narratives In Teaching, Jamison Wilcox

Journal of Legal Education

No abstract provided.

International Tribunals And Rules Of Evidence: The Case For Respecting And Preserving The "Priest-Penitent" Privilege Under International Law, Robert John Araujo S.J.

American University International Law Review

No abstract provided.

Cloning: A Jewish Law Perspective With A Comparative Study Of Other Abrahamic Traditions, Stephen J. Werber

Law Faculty Articles and Essays

This Article does not provide answers to the religious, ethical, and moral issues posed by advanced reproductive techniques in human cloning. Rather, the preceding analysis and discussion seeks to make a contribution, however modest, to the continuation of the societal discussion that will ultimately yield the answers. This Article presents the common concerns of the religious traditions of Judaism, Islam, and Christianity with their mutual emphasis on preserving the dignity of all beings. This and other common values must form the foundation upon which all questions related to the cloning debate must be predicated.

The Virtues And Limits Of Codes In Legal Ethics, Vincent R. Johnson

Faculty Articles

In the absence of codified standards of ethics, the ethical quality of law practice would degenerate into inconsistency and unpredictability. The presence of an ethics code can unduly burden and limit the practice of law. However, ethics codes should not be thought of as tools to ensure the law is practiced humanely. Instead, they should be viewed as attempts to ameliorate the impediments to a humane practice and to call lawyers to that goal.

Tom Schaffer, a scholar and professor of Ethics at Notre Dame, lamented the fact that the codification of standards of attorney conduct could induce lawyers to …

Religious Values, Political Action, And Civic Discourse, Robert Audi

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin

Journal Articles

This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.

Cloning: A Jewish Law Perspective With A Comparative Study Of Other Abrahamic Traditions, Stephen J. Werber

Seton Hall Law Review

No abstract provided.

Love, Human Dignity, And Justice: Some Legacies From Protestant And Catholic Ethics, Harlan R. Beckley

Notre Dame Law Review

No abstract provided.

154th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

154th University of Notre Dame Commencement and Mass Program including Law School awards

Reconstructing Atticus Finch, Steven Lubet

Michigan Law Review

Atticus Finch. No real-life lawyer has done more for the self-image or public perception of the legal profession than the hero of Harper Lee's novel, To Kill a Mockingbird. For nearly four decades, the name of Atticus Finch has been invoked to defend and inspire lawyers, to rebut lawyer jokes, and to justify (and fine-tune) the adversary system. Lawyers are greedy. What about Atticus Finch? Lawyers only serve the rich. Not Atticus Finch. Professionalism is a lost ideal. Remember Atticus Finch. In the unreconstructed Maycomb, Alabama of the 1930s, Atticus was willing to risk his social standing, professional reputation, and …

Constitutional Legitimacy, The Principle Of Free Speech, And The Politics Of Identity, David A.J. Richards

Chicago-Kent Law Review

No abstract provided.

Reconciling Religious Rights & Responsibilities, Barbara L. Kramer

Loyola University Chicago Law Journal

No abstract provided.

Sense And Sensibilities Of Lawyers: Lawyering In Literature Narratives Film And Television And Ethical Choices Regarding Career And Craft, The, Carrie Menkel-Meadow

McGeorge Law Review

No abstract provided.

Tribute To The Honorable Richard Sheppard Arnold For His Service As Chief Judge Of The United States Court Of Appeals For The Eighth Circuit, Richard W. Garnett

Journal Articles

The Honorable Richard S. Arnold was appointed by President Carter in October 1978 to the District Bench for the Eastern and Western Districts of Arkansas and elevated to the United States Court of Appeals for the Eighth Circuit in 1980, where he serves with his brother, the Honorable Morris S. Arnold. Judge Richard Arnold served as Chief Judge of the Eighth Circuit from January 8, 1992 to April 17, 1998. A graduate of Yale College and Harvard Law School, Judge Arnold clerked for Justice William Brennan of the United States Supreme Court from 1960-1961. He was an associate at Covington …

Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell

Faculty Articles

Professor Mitchell illustrates that Client-centered Representation does not simplistically reduce to a single admonition: Tell the client's story. The concept is far more nuanced than that. It incorporates a constellation of ideas. Listen to the client's story. Hear what they want. Try to be creative about ways to tell the story. Look for opportunities to bring their story into the legal process. At the same time, the attorney must join together to discuss any risks and problems which may result from various strategic choices, including the risks in even telling the story and whether those risks are worth it to …

Thinking Morally, Gerard V. Bradley

Journal Articles

The Way of the Lord Jesus, Vol. 3: Difficult Moral Questions. By Germain Grisez. Franciscan Press (217-228-5670). 927 pages. $35.

Here is a uniquely valuable work, practical and direct, written in plain English by a mature scholar who wears his immense learning lightly. The "difficult moral questions" it treats are two hundred in number, each with an Analysis and a Reply. (And there are two narrative Appendices.)

Heads, Secularists Win; Tails, Believers Lose—Returning Only Free Exercise To The Political Process, Teresa Stanton Collett

University of Arkansas at Little Rock Law Review

No abstract provided.

Catholic Judges In Capital Cases, John H. Garvey

Scholarly Articles

No abstract provided.

Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin

Scholarly Articles

The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger

Faculty Scholarship

Although many authors have debated the propriety of the use of religious arguments in public policy discussions and lawmaking, few have critically reviewed the jurisprudence of particular judges through the lens of their own faith-traditions. Preliminarily, this article attempts a modest contribution to the discussion about the use of religious argument in public discussions by suggesting that judicial opinions should be viewed rhetorically and that religious assumptions and claims may legitimately be "borrowed" analogically into such opinions, at least their forensic and epideictic elements. More concretely, it analyzes themes in some of Justice William Rehnquist's opinions to determine how consistent …