Digital Commons Network^™

The Law Of The Child - In A Changing World, Leonor Ines Luciano

The Catholic Lawyer

No abstract provided.

California Propositions 62 & 66 As Misguided Models For The Capital Punishment Debate: The Argument For The Inclusion Of Catholic Social Teaching And Other Religious Denominations In The Discussion And A Proposed Solution, Cornelius V. Loughery

Journal of Legislation

No abstract provided.

The Time Of Death - A Legal, Ethical And Medical Dilemma, John E. Pearson

The Catholic Lawyer

No abstract provided.

Solution Of The "Defense Of The Guilty", William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.

Solution Of The Disclosure Problem, William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.

Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits

Indiana Journal of Global Legal Studies

A central question in the debate on corporate social responsibility is to what extent CSR codes can be enforced among private parties. This contribution argues that this question is best answered by reference to the applicable doctrinal legal system. Such a doctrinal approach has recently regained importance in American scholarship, while it is still the prevailing method of legal analysis in Europe. Applying a doctrinal analysis of CSR codes allows for the possibility of private law enforcement, that is, enforcement by means of contract or tort, dependent on three different elements: the exact type of claim that is brought, the …

Uncaring Justice: Why Jacque V. Steenberg Homes Was Wrongly Decided, John Makdisi

Journal of Catholic Legal Studies

No abstract provided.

The Object Of The Moral Act: Understanding St. Thomas Aquinas Through The Work Of Steven Long And Martin Rhonheimer, John Makdisi

Faculty Books

In the 1993 encyclical Veritatis Splendor Pope John Paul II stated that the “morality of the human act depends primarily and fundamentally on the ‘object’ rationally chosen by the deliberate will.” Since that time the interpretation of the moral object has garnered increased attention among Thomist scholars. Yet it remains a source of dispute. Two scholars who take rather opposed views on what Aquinas means by the moral object are Martin Rhonheimer and Steven Long. The purpose of this dissertation is to elucidate the account of Aquinas’s doctrine through a comparison of the interpretations of each of these scholars with …

Human Rights: From Legal Transplants To Fair Translation, James M. Donovan

Law Faculty Scholarly Articles

The current regime of international human rights suffers from three shortcomings: First, it has failed to adequately address the reality of cultural diversity. Second, the formalized human rights treaties have been ineffective in their ability to compel states to reform their behaviors, and third, the uncontrolled growth in the number of human rights weakens the impact of appeals to that standard.

Although treated as independent problems, this paper finds that these three limitations are sufficiently linked such that a remedy to the first will simultaneously resolve the others. Parts I and II of the paper describe how the imposition of …

Restorative Justice In Chicago And Abroad: Comparing The Work Of The Community Of Sant’Egidio To The Restorative Justice In The United States, 50 J. Marshall L. Rev. 511 (2017), Sheila Murphy, Scott Priz

UIC Law Review

The first section of this article will describe what Restorative Justice is to get a better understanding of this alternative to the punitive criminal justice system. It will then describe the work done by the Community of Sant’Egidio in Rome through the lens of Restorative Justice. It will move on to the state of the criminal justice system in Cook County and the United States, particularly in how it treats criminal behavior. In particular, it will compare the work of Sant’Egidio to the Restorative Justice work being done by state Drug Treatment Courts. Federal reentry courts address the problems of …

Laudato Si’ And The Tragedy Of The “Throwaway Culture.”, Lucia A. Silecchia

Scholarly Articles

Throughout Laudato Si’, Pope Francis decries what he calls the “throwaway culture.” At first blush, given the over-arching ecological theme of Laudato Si, this may seem to be solely a critique of wasteful consumerism. However, it is far more than that. It is a critique of a mindset and world view that discards people, promises, values and community bonds when they seem to lack immediately obvious or quantifiable value in the eyes of the world. Although this is a profoundly personal moral critique, it also provides a lens through which all laws and public policies might be viewed. Laudato Si’ …

The Equivalence Of Religion And Conscience, Lucien J. Dhooge

Notre Dame Journal of Law, Ethics & Public Policy

This Article examines issues posed by the equation of religious liberty with secular conscience, utilizing federal law and the law in those states which have adopted religious freedom restoration acts (RFRAs). The Article initially addresses the definition of religion through an examination of applicable literature and federal and state case law. The same approach is utilized to define conscience. The Article then examines similarities between the two concepts and the implications of their equivalence. The Article concludes that religion and conscience are moral equivalents that require equal legal treatment. However, equal treatment should proceed with caution in order to address …

Today's Challenges To Religious Liberty In Historical Perspective, Gerard V. Bradley

Journal Articles

From the Introduction

Many people say that religious liberty in our country is now under attack more than ever before. That's true as far as it goes, and in what follows I shall supply some reasons why I think so. But the chief aim of this Article is not to try to establish that religious liberty is in its most parlous state ever, as if some common threat-level metric is higher today than it was, say, a hundred or fifty years ago. As a matter of fact, Mormons and Native Americans in the late-nineteenth century faced government actions more hostile …

A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren Bartlett

All Faculty Scholarship

The standards regulating the decision-making and behavior of lawyers in the U.S. currently provide inadequate guidance for many of the ethical dilemmas that practicing attorneys face on a daily basis. Universal human rights principles—the concepts of morality underlying much of human rights law—provide more ambitious moral direction that lawyers can use to guide decision-making and behavior. This article discusses why additional aspirational goals are needed for the legal profession and explains how and why to apply universal human rights principles to lawyering in the U.S. The article goes on to introduce the idea of adopting a human rights code of …

Abortion Legislation And The Establishment Clause

The Catholic Lawyer

No abstract provided.

Natural Law In The Church Today, George M. Regan, C.M.

The Catholic Lawyer

No abstract provided.

The Need For Renewal In Natural Law, George M. Regan, C.M.

The Catholic Lawyer

No abstract provided.

The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey

BYU Law Review

The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …

A Catholic Way To Cook A Hamburger? The Catholic Case Against Mclaw, Patrick Mckinley Brennan

Villanova Law Review (1956 - )

No abstract provided.

Hypnosis And Criminal Behavior, John B. Murray, C.M.

The Catholic Lawyer

No abstract provided.

The Church Versus Obscene Literature, Maurice Amen, C.S.C.

The Catholic Lawyer

No abstract provided.

Invalidity Of Marriage By Reason Of Sexual Anomalies, Charles J. Ritty, J.C.L.

The Catholic Lawyer

No abstract provided.

Sexual Offenses - Legal And Moral Considerations, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.

The Soul Of The Drone Operator: The Place Of The Cardinal Virtues In Drone Warfare, Lazarus Ejike Onuh

Theology Graduate Theses

Contents

Acknowledgements

List of Abbreviations

Introduction

Chapter

1. The Value of Human Life and the Paradox of War
2. The Nuts and Bolts of Drones
3. The Moral Landscape of Drone Warfare and Its Implication on the Just War Theory
4. The Cardinal Virtues and the Drone Operator
5. The Victimhood of the Drone Operator
6. Beyond Moral Injury; Soul Wound and Repair

Conclusion

Bibliography

The "Higher Law" Doctrine In Bracton And St. Thomas, Charles M. Whelan, S.J.

The Catholic Lawyer

No abstract provided.

The Vow Of Poverty And Its Civil Law Implications, Romaeus W. O'Brien, O. Carm.

The Catholic Lawyer

No abstract provided.

Mater Et Magistra; The United States Supreme Court; The Eichmann Trial; Positivism; Life, Death, Law; Charitable Contributions; Capital Punishment; Natural Law; Aid To Education

The Catholic Lawyer

No abstract provided.

Santa Clara Magazine, Volume 57 Number 3, Summer 2016, Santa Clara University

Santa Clara Magazine

26 - CAN’T THREAD A MOVING NEEDLE To tackle sexual assault on college campuses, a playwriting project comes to the screen. By Danae Stahlnecker ’15.

28 - MISSION CRITICAL When three students fell ill from meningitis-causing bacteria—which can be fatal—it meant the clock was ticking. And to get through this, it would take everybody’s help. By Harold Gutmann.

36 - “WHERE ARE THEY TAKING US?” A journal from the front lines of the Syrian refugee crisis in Greece. By Colleen Sinsky ’10.

40 - NO STRANGERS HERE Refugees, home, and work by Ameera Naguib ’16 from Jordan to Silicon Valley. …

Criminal Punishment - Legal And Moral Considerations, S. Oley Cutler, S.J.

The Catholic Lawyer

No abstract provided.

Disclosure And The Incurious Attorneys, William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.