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Death Be Not Proud: Medical, Ethical And Legal Dilemmas In Resource Allocation, George P. Smith Ii

Scholarly Articles

No abstract provided.

The Dissent Of Theology: A Legal Analysis Of The Curran Case, Michael Scott Feeley

UC Law Constitutional Quarterly

No abstract provided.

Santa Clara Magazine, Volume 29 Number 1, Fall 1986, Santa Clara University

Santa Clara Magazine

10 - IS SANTA CLARA STILL JESUIT? Declining vocations prompt this recurring question. Some of the faculty discuss what makes Santa Clara Jesuit to them. By Peg Major

16 - DON'T CALL ME MR. MOM Taking over the day care of his two tiny daughters while his wife worked provided this alumnus new insight on fatherhood. By Jim Craven

21 - PERSPECTIVES OF A PATRIARCH The spotlight is on Tom Bannan, class of '23, who started the procession of Bannans to Santa Clara. BY Paul Hennessy

26 - HOW NOT TO MAKE MONEY ON THE STOCK MARKET A guide to …

Providing Nutrition And Hydration For Terminally Ill Patients, J. David Bleich

Articles

No abstract provided.

The Thrust Of Legal Education At The Catholic University Of America, 1895-1954, C. Joseph Nuesse

Miscellaneous Historical Documents

If the conventional measure of a generation in family life could be applied in tracing the history of an academic institution, it would be easy to delimit the scope of this lecture as devoted to the first two generations of the law school of The Catholic University of America. To be precise, however, it must be clear that it is the period from 1895 to 1954 that is under review. These were not fifty-nine years of glorious achievement. On the contrary, during these years, as will become evident, the school was several times near dissolution. The bright spots in its …

Book Review, Joel S. Newman

Notre Dame Law Review

No abstract provided.

Disabled Newborns And The Federal Child Abuse Amendments: Tenuous Protection, Steven R. Smith

Faculty Scholarship

This Article first explores the scope of the problem of withholding lifesaving treatment from seriously impaired infants. Next, the Article examines the interests involved in decisions to withhold treatment and the rationales for them. It contends that there are limitations on parental child-rearing rights and suggests standards to define when treatment may be withheld. The Article then reviews recent efforts to protect disabled newborns and points out a shift in the focus of these efforts toward a reliance on child abuse and neglect laws. Next, the Article surveys the development of federal and state child abuse and neglect statutes. The …

Disabled Newborns And The Federal Child Abuse Amendments: Tenuous Protection, Steven R. Smith

UC Law Journal

The recently enacted federal Child Abuse Amendments of 1984 seek to scrutinize closely parental decisions to withhold lifesaving treatment from seriously impaired newborns. Although the goal of this legislation is laudable, the mechanism it adopts offers only tenuous protection to newborns. This Article first explores the scope of the problem of withholding treatment. It then examines the interests involved in treatment decision-making, contending that there are limitations on parental child-rearing rights and suggesting standards to define when treatment may be withheld. After a survey of the development of federal and state child abuse and neglect statutes, the Article analyzes the …

To A Moral Certainty: Theories Of Knowledge And Anglo-American Juries 1600-1850, Barbara J. Shapiro

UC Law Journal

No abstract provided.

Natural Law And Political Choice: The General Justification Defense – Criteria For Political Action And The Duty To Obey The Law, Kent Greenawalt

Faculty Scholarship

During most of this century, a distinct separation has existed between natural law perspectives and perspectives about the nature of law and about social choices that have dominated American law schools. One could find elaborations of natural law in Catholic law schools and periodicals, but these expressions exercised little influence on the mainstreams of legal thought. In the last two decades, non-Catholics have grown to realize that they have much to learn from natural law approaches, and natural lawyers have tried to enhance their own understandings by references to other perspectives. I am emboldened to proceed by my strong belief …

Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman

Faculty Articles

Often, in a case of first instance, a judge will reach a decision by an appeal to legal principles. For example, in the 1889 case of Riggs v. Palmer a New York court had to decide whether a grandson who had murdered his grandfather could inherit under the will in which his grandfather had named him an heir. The statutes and rules of testamentary law did not prohibit the inheritance. The court, however, invoked the legal principle that no one should be permitted to profit by his own wrong and denied the claim to inheritance. The use of such principles …

Three Fallacies Of Contemporary Jurisprudence, Frank S. Alexander

Loyola of Los Angeles Law Review

No abstract provided.

Modernist Social Theory: Roberto Unger’S Passion, James Boyle

Faculty Scholarship

No abstract provided.

Client Centered Counseling And Moral Accountability For Lawyers, Robert M. Bastress

Law Faculty Scholarship

No abstract provided.

Ethics: Professionalism, Craft, And Failure, James R. Elkins

Kentucky Law Journal

No abstract provided.

Voluntary Active Euthanasia For The Terminally Ill And The Constitutional Right To Privacy, Steven J. Wolhandler

Cornell Law Review

No abstract provided.

A Theological Method For Legal Education, Raymond C. O'Brien

Scholarly Articles

Is it possible to engraft theology' into legal education? Does the law school seeking to inculcate any particular theology into its curriculum jeopardize the fabric of legal education? Are theology and law irretrievably broken, one to speak only of the things of God and the other to speak of Caesar? Finally, if there is to be interaction between law and theology within the context of legal education, is there a methodology that can offer significant and fruitful dialogue? This is the real issue.

The Gentleman In Professional Ethics, Thomas L. Shaffer

Journal Articles

The character of the “gentlemen” has served as a basis for ethics in professionalism. The purpose of this article is to describe the gentleman’s ethics, to explain its implications on the legal profession, to test its adequacy, and to argue that the gentleman’s ethic veered wrong by moving away from its religious tradition. In particular, the author analyzes its adequacy by engaging in four tests including (1) whether the gentleman’s ethic survives conceptions of class and professionalism; (2) whether it provides the skills needed for dealing with power and institutions; (3) whether it takes into account the “tragic nature of …

Moral Implications And Effects Of Legal Education Or: Brother Justinian Goes To Law School, Thomas L. Shaffer

Journal Articles

This Article explores the moral implications of a legal education. Specifically, the author addresses three moral points of view—teleologically, interpersonally, and responsibility—and explains how a legal education advances or is in opposition to a moral community.

The Limits Of Intention In The Common Law, J. M.B. Crawford, John F. Quinn

University of Dayton Law Review

In criminal law, intention functions as the concept whereby human actions, and the reasons for them, are understood in relation to a criminal system. If there is no law, then there can be no punishment; but what if there is law, what then? How are the actions of the accused supposed to be understood in relation to the criminal law? One is very much aware that the criminal law, as it is presently conducted, generally pits the smallness of an individual against the corporate greatness and might of the state. What ought to serve to balance these competing interests?

In …

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Journal Articles

The question I propose to address while I am with you is this: Is there a special morality for professional life? In terms of convention and argot, the answer to that question would appear to be: Yes, there is a separate morality for the professional lives of lawyers and judges. We do not follow the same morals in public and professional life as we follow in personal life.

Book Reviews, Mark H. Aultman

Notre Dame Law Review

No abstract provided.

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Valparaiso University Law Review

No abstract provided.

In Vitro Fertilization And Embryo Transfer: Fertile Areas For Litigation, Kathryn Venturatos Lorio

SMU Law Review

No abstract provided.

Christian Lawyer Stories And American Legal Ethics, Thomas L. Shaffer

Journal Articles

My view of legal ethics rests on, or at least involves, a couple of biases. For one thing, I think of legal ethics as an ethical subject rather than as a legal subject. When it comes to "professional responsibility" I am more interested in morals than I am in law. In this (and in very little else), I am in agreement with Dean Monroe Freedman, who said, in a lecture dedicated to the memory of Pope John XXIII, that the question which interests him is whether a good person can be a lawyer. For Freedman, I think, and for me, …

The Legal Ethics Of Servanthood, Thomas L. Shaffer

Journal Articles

I would like mainly to talk with you about, a consequential question, and that is whether the ethics of the New Testament are of any value in discussing professional morality. Such a question is probably f value to Jews and Christians; the New Testament is mostly about Jesus of Nazareth and (1) professionals to whom Jesus is of ultimate importance might claim to find value for their lives in his life. And (2) the God of Jesus is the God of Israel. The moral principles of Jesus are the moral principles of Israel. The question is of value, too, I …

Moral Theology In Legal Ethics, Thomas L. Shaffer

Journal Articles

I am talking at a Lutheran university and therefore should probably have some theses, some propositions that I could nail to the chapel door. But I'm afraid I have failed Martin Luther: I have only one thesis and it is not ready for a nail. It is still as much a question as a thesis. My question is whether there is any point in including moral theology in the study of legal ethics in the university. Let me be candid: I teach the typical required course in "professional responsibility," and I do a lot of writing on ethics, and I …

136th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

136th University of Notre Dame Commencement and Mass Program

Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer

Washington and Lee Law Review

No abstract provided.

Henry Knox And The Moral Theology Of Law Firms, Thomas L. Shaffer

Journal Articles

One of the reasons we modern American lawyers find the "golden age" of our 19th century forebears attractive is that it was morally unambiguous. It seems to have been an age of giants who were consistent. The "republican" lawyers who wrote our first statements on legal ethics were moral theologians as well as leaders—and they found no difficulty in being both. David Hoffman, who attracted as much applause from the conservative Calvinists at Princeton Theological Seminary as he attracted from the bench and bar, drew no distinction between the morals he practiced at home and the morals he practiced in …