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Saints, Sinners, And Scoundrels: Catholic Law Faculty And A Light Unseen: A History Of Catholic Legal Education In The United States, Teresa Stanton Collett

Journal of Catholic Legal Studies

(Excerpt)

As a faculty member at a Catholic law school for the past seventeen years, I have often been frustrated with the inability of many professors and administrators at Catholic law schools to describe what makes a law school “Catholic.” As Professors Breen and Strang report in A Light Unseen: A History of Catholic Legal Education in the United States, too often the description is limited to something like “a commitment to social justice,” or “inculcating a strong sense of professional ethics.” Yet as the authors observe, “Catholic law schools do not have a monopoly on or even a …

The Functional Approach To The Ministerial Exception: Applying The Exception To Employees Who Minister, Maria Ruwe

University of Cincinnati Law Review

No abstract provided.

"Of Substantial Religious Importance": A Case For A Deferential Approach To The Ministerial Exception, Allison H. Pope

Notre Dame Law Review

This Note argues that, in order to remain consistent with the Religion Clauses’ protection of religious autonomy, civil courts must defer to the religious group’s determination of which of its employees play a role “of substantial religious importance” within the organization in carrying out its religious mission under its tenets, and are therefore “ministers,” rather than investigate and make that determination themselves. Part I provides background information on the First Amendment and an overview of the circuit court and Supreme Court decisions that laid the foundation for, built, adopted, and applied the ministerial exception as described in Hosanna-Tabor. Part …

Faithfully Enforcing The Religious Liberty Guarantees Of The Northwest Territory States, Allan W. Vestal

Brigham Young University Journal of Public Law

No abstract provided.

Brief For New Ways Ministry Et Al. As Amici Curiae Supporting Plaintiff, Koenke V. Saint Joseph University, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

The Ministerial Exception: Seeking Clarity And Precision Amid Inconsistent Application Of The Hosanna-Tabor Framework, Rachel Barrick

Emory Law Journal

Supported by statute and the Constitution, the ministerial exception bars employees who are deemed “ministers” from bringing discrimination claims against their religious employer. Religious employers—whether a religious association, corporation, educational institution, or society—are exempted from Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating on the basis of religion. The ministerial exception is no longer limited to religious discrimination and has been expanded to apply in cases of gender, race, age, and disability discrimination. In 2012, the Supreme Court affirmed that a constitutional ministerial exception existed and was supported by the Free Exercise and Establishment …

Christian Purpose Trusts, Thomas Simmons

Faculty Publications

Noncharitable purpose trusts are recognized under the Uniform Trust Code and the non-uniform laws of many jurisdictions. In 2019, Oregon enacted a stewardship trust statutory scheme. A stewardship trust is a purpose trust which is designed to hold and preserve corporate stock. Properly drafted, a stewardship trust can soften the indefatigable pursuit of profits that drive corporate entities. A stewardship trust can substitute ethical ideals - at least in part - for shareholder return. The purpose trust statutes of other jurisdictionscould also partially permit ambitions similar to those which motivated the Oregon legislation to be realized. The concept of a …

Eyesore, Laura Bender

Mighty Pen Project Anthology & Archive

A chaplain bears witness to the cost of war.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Flashpoint: The Church And Law Enforcement In Poor Black And White Communities, Samuel K. Atchison

Journal of Hate Studies

This paper seeks to “connect-the-dots,” linking recent police shootings of African Americans, including several in suburban communities, with emerging research linking the migration to the suburbs of poor, mostly black and Latino urban dwellers with “suburban poverty” and crime. Also discussed are the increase in poverty, crime and incarceration among whites in rural communities. Contrary to popular belief, poor white communities contain the fastest growing segment of the U.S. prison population. Poor whites are also the victims of police violence more often than blacks. As one civil rights leader has written, “While African-Americans are at disproportionate risk from the structural …

Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The Singapore Government recognises and is committed to legal aid as an integral part of access to justice. Sixty years ago in 1958, Singapore was the first country in Southeast Asia to enact a legal aid scheme, which provided for the establishment of the Legal Aid Bureau (LAB) to provide civil legal aid to persons of limited means. Over the course of independent Singapore’s history, legal aid as part of the overall access to justice has broadened significantly. Members of Parliament make regular calls for more people to qualify and receive government-funded legal aid. The government regards access to justice …

Catholic Dioceses In Bankruptcy, Marie T. Reilly

Seton Hall Law Review

No abstract provided.

Homelessness And Hospitality On The Ground, A Methodological Proposal For Catholic Social Teaching, Daniel Pilario

Journal of Vincentian Social Action

What resources, perspectives and experiences can we draw from formal Catholic Social Teaching and broader Catholic social thought to help us understand and interpret street homelessness in a global context? This article is intended to be an invitation to share narratives of hospitality on the ground vis-à-vis the problem of homelessness in the global world. Unlike top-down approaches, there are no clear principles to be applied; only concrete stories with all their frictions, ambiguities and difficulties hoping that God’s inspiration can reveal itself on the rough grounds where people walk in fidelity to the Gospel.

What The People We Call "Homeless" Have Taught Me, Bruno M. Duffé

Journal of Vincentian Social Action

I think I can say, as far as I can go back to my living memory and as a pastor, that the first thing I learned from “homeless” people we meet in our streets - and that we can sometimes find at the door of our institutions - is the determining importance of the gaze. And I would like to suggest, as a first contribution to our reflection, this intuition that has become for me a conviction and a major theological and ethical assertion: all human encounter begins with a look. Every truly human story finds its origin in the …

Catholic Social Teaching And Neo-Abolitionism: Tearing Down The House Of The Rising Sun, Elizabeth M. Donovan

Cleveland State Law Review

Catholic Social Teaching (“CST”) is the body of literature written in the modern era by papal and episcopal teachers in response to current political, economic, and social issues. CST views individuals in the sex trade as victims, however they arrived in the trade. Prostitution abolitionists, called neo-abolitionists, because their current efforts to wipe out sex trafficking and prostitution mirror similar efforts by reformers in the early twentieth century, also view individuals in the sex trade as victims. A coalition of feminists and Christians developed neo-abolitionist social policy during the late twentieth and early twenty-first century. CST and neo-abolitionist social policy …

Religious Freedom And Self-Induced Abortion, Violet S. Rush

Tulsa Law Review

No abstract provided.

Issue 2: How We Can “Bell The Cat”: African Canadian Perspectives Of The Canadian Child Welfare System, Isaac Yoryor

Journal of Law and Social Policy

I am very grateful to Canada for what it has done for impoverished people, refugees, and immigrants from all over the world; as a Christian refugee who has benefited from this country’s generosity, I feel an obligation to give back in my own special way. It is my hope to describe a refugee parent’s perspective of Canada’s child welfare system.

Throughout the world, Canada is held in high esteem for its social services and respect for cultural differences, often making it an ideal refuge. Many newcomers have experienced suffering and deprivation before immigrating to Canada, and many believe they can …

Religious Support, United States Army

United States Army: Field Manuals

Religious Support, United States Army Field Manual FM 1-05

Wounded Souls: The Need For Child Protection Professionals And Faith Leaders To Recognize And Respond To The Spiritual Impact Of Child Abuse, Victor I. Vieth, Pete Singer

Mitchell Hamline Law Review

No abstract provided.

Catholic Dioceses In Bankruptcy, Marie T. Reilly

Catholic Dioceses in Bankruptcy

The Catholic Church is coping with mass tort liability for sexual abuse of children by priests. Since 2004, eighteen Catholic organizations have filed for relief in bankruptcy. Fifteen debtors emerged from bankruptcy after settling with sexual abuse claimants and insurers. During settlement negotiations, sexual abuse claimants and debtors clashed over the extent of the debtors’ property and ability to pay claims. Although such disputes are common in chapter 11 plan negotiations, the Catholic cases required the parties and bankruptcy courts to account for unique religious attributes of Catholic debtors. This article reviews the arguments and outcomes on property issues based …

A Solution To The Silencing And Denial: How Adr Can Harmonize Catholic Law With The International Communities Demand To End The Sexual Victimization Of Children In The Catholic Church, Danielle Shayne Shapero

Cardozo Journal of Conflict Resolution

The causal connection between clericalism and sexual abuse is evident, "namely the tendency of the hierarchy to protect priests, the tendency to cover reports in deep secrecy and the massive denial about the seriousness of the problem.'' In order to truly combat the global crisis of child abuse permeating the religious order, alternative dispute resolution strategies between the Holy See and the global community should be considered as a means of promulgating new ecclesiastical laws for the successful management of institutionalized sexual misconduct. In Part II, this Note will discuss the history of exposure leading to the public's knowledge and …

The Schofield/Gunner Decisions And Episcopal Church Property-Splitting Litigation: Considering Proposed Improvements To The Litigation Process And The Neutral Principles Of Law Doctrine, Ten Years On, Timothy D. Watson

William & Mary Business Law Review

In recent years, the Episcopal Church in the United States has seen a spate of parishes leaving the Church. Many of these departing parishes have attempted to take property with them as they leave and continue to operate independently or realign themselves with a different denomination. The Episcopal Church maintains that this property is held by the parishes on behalf of the national Church, and has generally been successful in obtaining a return of the property through legal action. In deciding these suits, state courts have skirted carefully around the contours of ecclesiastical questions; many state courts, following the Supreme …

Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea

Michigan Law Review

A review of Geoffrey R. Stone, Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century.

God’S Grace And The Marketplace: Mainline Protestant Church, Faith And Business, Sarah Helene Duggin

Scholarly Articles

This paper explores the engagement of Mainline Churches with business ethics in the workplace and offers some ideas for how Mainline churches can participate more fully in the work that needs to be done. Part I suggests that, for many years, Mainline churches were less active than one might expect in supporting the development of robust faith perspectives on business ethics, and it identifies possible cultural, financial, and structural factors why this may be so. Many of these factors are common to other religious traditions, although some are particularly relevant to Mainline denominations. The discussion in Part II begins with …

From Common Good To Convivencia: Religious Liberty And The Cake Wars, Carmen Nanko-Fernández Dmin

Loyola University Chicago Law Journal

This article explores what is at stake theologically in current cases where religious liberty is presumed at risk and interpretations of the common good are contested. While attention to the theological details are not explicitly of relevance to the courts, they should be considered in their complexity by religious entities that participate by filing amicus briefs and/or by adding to the rhetoric around highly charged neuralgic issues like same-sex marriage. The cases involving bakers and the Colorado Civil Rights Commission are worth considering, from a perspective that complicates the roles of communities of faith in terms of serving the common …

Sanctuary, Temporary Protected Status, And Catholic Social Teaching, Kristina M. Campbell

Journal Articles

The concept of sanctuary has deep roots in many religious traditions, including the Roman Catholic Church. Indeed, during the Sanctuary Movement of the 1980s, many Roman Catholic congregations in the United States provided physical sanctuary to Central American refugees fleeing the brutal wars in their countries. In more recent times, Roman Catholic Churches have participated in the “New Sanctuary Movement,” providing not only physical sanctuary to undocumented immigrants and refugees facing detention and removal by federal immigration authorities, but engaging in advocacy and activism on some of the larger questions surrounding immigration policy in the 21st century. Since initiating his …

The Religious And Ideological Freedom Of Teachers In The English Legal Framework: Is The Balance Between Collective And Individual Rights Appropriate?, Javier Garcia Oliva, Diana Ginn

Articles, Book Chapters, & Popular Press

How does the current legal framework safeguard the rights of teachers to religious and ideological freedom, whilst at the same time protecting the collective rights of school communities to provide an educational context aligned to identified values and principles? How does the law seek to find a resolution or accommodation where there is a clear conflict?

Bearing Faith: The Limits Of Catholic Health Care For Women Of Color, Kira Shepherd, Elizabeth Reiner Platt, Katherine M. Franke, Elizabeth Boylan

Faculty Scholarship

This study finds that in nineteen out of the thirty-four states/territories that we studied, women of color are more likely than white women to give birth at hospitals bound by the ERDs. Women of color’s disproportionate reliance on Catholic hospitals in these states increases their exposure to restrictions that place religious ideology over best medical practices.

To determine whether women of color disproportionately give birth at hospitals operating under the ERDs, we compared the percentage of births to women of color at Catholic and non-Catholic hospitals. In over half of the states we studied (19 out of 33 states plus …

Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea

Faculty Publications

No abstract provided.

God's Grace And The Marketplace: Mainline Protestant Church, Faith And Business, Sarah Helene Duggin

Journal of International Business and Law

No abstract provided.

There Are No Strangers Among Us: Catholic Social Teachings And U.S. Immigration Law, Terry Coonan

The Catholic Lawyer

No abstract provided.