Digital Commons Network^™

The Catholic's Role In The Legal Profession In Republican Government, Joseph C. Cascarelli

The Catholic Lawyer

No abstract provided.

The U.S. Catholic Bishops And Gay Civil Rights: Four Case Studies, Robert Nugent

The Catholic Lawyer

No abstract provided.

Rights In Canon Law For Persons With Mental Disabilities, Rev. Joseph N. Perry

The Catholic Lawyer

No abstract provided.

Overview Of The Revised Code Of Canon Law, Monsignor John A. Alesandro

The Catholic Lawyer

No abstract provided.

Influences Of An "Annulment Mentality", Cornelius J. Van Der Poel, C.S.Sp

The Catholic Lawyer

No abstract provided.

The Power Of Empathy In The Classroom, Paula A. Franzese

Seton Hall Law Review

No abstract provided.

Professional Identity Formation Throughout The Curriculum: Lessons From Clergy Education, Larry A. Golemon

Mercer Law Review

Clergy education is undergoing radical transformation in the United States due to changes in the profession, the religious communities served, and the larger landscape of higher education. Many reformers of theological education question whether the education of pastors, priests, and rabbis should be considered "professional" education at all. Some call for less competence training and more formation of theological habits of interpretation and reflection; others advocate for more practical and contextual training of skills and role-formation; and others emphasize the formation of personal character and religious piety. Yet most of these reformers agree that the formation of pastoral and professional …

No-Fault Divorce Laws: An Overview And Critique, James T. Mchugh

The Catholic Lawyer

No abstract provided.

The New York Marriage Equality Act And The Strength Of Its Religious Exceptions, Andrew R. Hamilton

Journal of Catholic Legal Studies

No abstract provided.

Labour Protection For The Vulnerable: An Evaluation Of The Salary And Injury Claims System For Migrant Workers In Singapore, Tamera Fillinger, Nicholas Harrigan, Stephanie Chok, Amirah Amirrudin, Patricia Meyer, Meera Rajah, Debbie Fordyce

Research Collection School of Social Sciences

This research seeks to review and analyze the protections afforded to migrant workers in Singapore who bring salary and injury claims to the Ministry of Manpower for resolution. Our focus is male Work Permit holders from Bangladesh, China, and India who make up the majority of the workforce in Singapore’s construction and marine sectors. Work Permit holders are the lowest wage category of foreign workers and comprise nearly a third of the overall workforce. While these workers play an important role in building the nation, they face workplace issues that many would not associate with a modern economy.

Privileged Communications Of Military Chaplains And Mental Health Professionals: Case Law Of Military Rules Of Evidence 503 And 513, Tarik Abdel-Monem, Mark Dekraai, Denise Bulling

University of Nebraska Public Policy Center: Publications

Alarmingly high rates of post-traumatic stress disorder (PTSD) and suicide among Service members returning from military action1 has increased focus within the United States military about effectively providing mental health services.2 Concerns include problems related to an insufficient mental health workforce, military culture, and delivery of services.3 Within this context, how sensitive personal information is handled while seeking mental healthcare is a major concern for service members. The Department of Defense (DoD) and the U.S. Department of Veterans Affairs (DVA) recently partnered to examine opportunities for chaplains to have a role in improving mental health efforts, largely because of their …

Captive: Zoometric Operations In Gaza, Irus Braverman

Journal Articles

“We are the only people in this world who are living under such total occupation. Israel sees us as being equal to our animals, and sometimes they even value us less than our animals.” This quote, from the founder of the Gaza Zoo, demonstrates both the significance and the complexities of human-animal relations in Gaza, especially at times of siege and war. My article draws on ethnographic encounters and investigative analysis to relay how Gaza’s spatial confinement generally, and the Israeli incursion into Gaza of summer 2014 in particular, has lent itself to a radicalized discursive interplay between the animalization …

Civil Procedure And The Ministerial Exception, Peter J. Smith, Robert W. Tuttle

GW Law Faculty Publications & Other Works

In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, the Court recognized a ministerial exception to the ordinary rules of employer liability. The Court also concluded that the exception operates as an affirmative defense rather than a jurisdictional bar. This conclusion raises quite significant questions about how courts should address the exception in the course of litigation.

We argue that courts should approach these procedural questions in light of the underlying justification for the ministerial exception. The exception reflects a longstanding constitutional limitation on the competence of courts to resolve “strictly and purely ecclesiastical” questions. To conclude …

Heads You Win, Tails I Lose: The Dilemma Mandatory Reporting Poses For Teachers, Meredith Falkiner, Donald Thomson, Belinda Guadagno, Andrew Day

Australian Journal of Teacher Education

Australian teachers are mandated to report instances of child maltreatment should they suspect a child is being maltreated. Some teachers are reluctant to make a report based on suspicion alone. This review examines the barriers that may prevent teachers from reporting. It is suggested that to overcome these barriers and form a reasonable belief that a child is being maltreated, teachers may attempt to seek out proof by questioning the suspected victim. Inappropriate questioning can have detrimental consequences such as wrongful reporting when maltreatment is not occurring, or worse, no report made when a child is being maltreated. Based on …

The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker

William & Mary Bill of Rights Journal

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

Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda

Journal of Catholic Legal Studies

No abstract provided.

Limiting The Legal Liability Of Religious Institutions For Their Clergy: Cavanaugh V Grenville Christian College, M H. Ogilvie

Dalhousie Law Journal

The purpose of this article is to explore the case law relating to the potential legal liability of ecclesiastical institutions for the conduct of their clergy and lay employees in the tort of negligence, vicarious liability and breach of fiduciary duty While a number of cases have resulted in findings of liability especially in those relating to the Indian residential schools, a recent decision from the Ontario Court of Appeal, Cavanaugh v. Grenville Christian College, suggests ways of thinking about the limits and scope of liability for institutions whose charitable purposes are occasionally betrayed by rogue persons over whom theymay …

The Sin Of Turning Away From Reality: An Interview With Father Krzysztof Charamsa, David Paternotte, Mary Anne Case, Sarah Bracke

Articles

No abstract provided.

Living With Owning, Matt Ampleman, Douglas A. Kysar

Indiana Law Journal

In October, 2011, Terry Thompson committed suicide by gunshot after cutting open the cages of fifty-six exotic animals on his farm in Zanesville, Ohio. Fearing for pub-lic safety, law enforcement officers systematically hunted down the escaped animals in an episode that garnered international attention and prompted renewed discus-sion of the propriety of exotic animal ownership. This Article retells and discusses the circumstances surrounding Terry Thompson’s unhinging, applying frameworks of legal theory, chiefly in the realm of property law, to assess the fabric that held Thompson’s delicate system together and the tensions that led to its unravelling. As an autopsy, the …

Santa Clara Magazine, Volume 57 Number 1, Fall 2015, Santa Clara University

Santa Clara Magazine

24 - ART HAPPENING HERE Inside the Edward M. Dowd Art & Art History Building. Illustration by Harry Campbell. Words by Steven Boyd Saum.

28 - CALL HER A WORLD CHAMPION And call them America’s Team. Julie Johnston ’14 and the Women’s World Cup. By Ann Killion.

34 - A WILD GENEROSITY The energy and genius of Steve Nash ’96 on the court. By Brian Doyle.

37 - BELIEVE IN US An oral history of a 1993 NCAA playoff game that became an upset for the ages. By Jeff Gire and Harold Gutmann.

40 - CHANGE THE GAME Pope Francis …

Hyperlegality And Heightened Surveillance: The Case Of Threatened Species Lists, Irus Braverman

Journal Articles

My contribution to the Debate "Thinking about Law and Surveillance" focuses on the project of governing nonhuman species through care, briefly pointing to how law and surveillance are interwoven in this context and to how conservation's biopolitical regimes are increasingly becoming more abstract, standardized, calculable, and algorithmic in scope. I argue that conservation’s focus on governing through care lends itself to heightened modes of surveillance and to hyperlegality - namely, to the intensified inspection and regulation of both governed and governing actors. I start with some preliminary explanations about my atypical use of the terms surveillance, law, and biopolitics.

Work-Related Stress: Survey Of Academic Staff In The Institutes Of Technology Sector, Aidan Kenny

Articles

This article presents findings from a survey of professional workers in the institutes of technology sector in Ireland regarding work-related stress. The research instrument was based on a work-related stress questionnaire developed by the UK Health and Safety Executive, augmented with a specific subset of questions relevant to the Irish higher education sector. The questionnaire format was modified to enable online delivery. It was distributed to a sample population in 2014 with a response rate over 30% (n=1,131). The research provides baseline data on work-related stress levels experienced by workers in this sector. The results associate increased levels of risk …

Extending The Reach Of Legal Aid: Report On The Pilot Phase Of The Legal Health Check-Up Project, Ab Currie

Canadian Forum on Civil Justice

The intermediary partnerships that are the foundation of the Legal Health Check-Up (LHC) project are a solid platform for developing a legal service delivery model targeted at people who are the most disadvantaged that includes the pillars of outreach, integrated and holistic service.

Extending The Reach Of Legal Aid: Report On The Pilot Phase Of The Legal Health Check-Up Project, Ab Currie

Canadian Forum on Civil Justice

Research makes clear that legal service delivery, especially to the poor, fails dramatically if clients must find their own way to legal aid offices. The Legal Health Check-Up project addresses this by extending legal aid in partnership with trusted intermediary groups that are part of the everyday world of disadvantaged groups. These intermediaries make an active offer of legal service.It is hoped that the intermediaries will go beyond the gateway roles of problem-spotting and legal referral to – with the legal aid clinic – provide holistic and integrated legal services that otherwise would not be available.

Rethinking The “Religious-Question” Doctrine, Christopher C. Lund

Pepperdine Law Review

The “religious question” doctrine is a well-known and commonly accepted notion about the First Amendment’s Religion Clauses. The general idea is that, in our system of separated church and state, courts do not decide religious questions. And from this premise, many things flow — including the idea that courts must dismiss otherwise justiciable controversies when they would require courts to resolve religious questions. Yet a vexing thought arises. The religious-question doctrine traditionally comes out of a notion that secular courts cannot resolve metaphysical or theological issues. But when one looks at the cases that courts have been dismissing pursuant to …

Catholic Health Care And The Affordable Care Act: A Matter Of Social Justice, Mary Mcdonough

Intercultural Human Rights Law Review

With over a billion members, the Catholic Church is the largest Christian denomination in the world. It also manages twenty six percent of all health facilities worldwide.' In the U.S., where one in six patients is treated at a Catholic hospital, the Catholic health care network is the largest group of nonprofit health care providers in the country. With more than 600 hospitals and 1,400 long-term care and other health related facilities, Catholic health care has been a powerful presence in the U.S. for a long time. The Sisters of Charity were the first religious community to staff a hospital …

Religion And Human Trafficking, Mary Graw Leary

Scholarly Articles

Human trafficking is a global form of victimization which transcends all geographical boundaries. It is also a form of objectification that strikes at core values of human dignity, protection for the vulnerable, and accountability for the exploiter. As such, it is a form of victimization that demands both a global solution and grass roots actors.

Religions throughout the world stand in a uniquely advantageous position to aid in the fight against trafficking. As global institutions, their reach is broad. As grass roots organizations, their influence runs deep. As moral voices of the community their impact can be profound.

This piece …

Scalia’S Short Reply To 125 Years Of Plenary Power, Michael Scaperlanda

Oklahoma Law Review

With its plenary power doctrine, the Supreme Court erred by rejecting the universal in favor of the particular. Liberal immigration theorists, on the other hand, make the opposite error by rejecting the particular in favor of the universal. Drawing on classic international law publicists and the Catholic philosophical tradition, this essay argues that the two concepts—the state’s greater duty toward its own citizens (the particular) and equal dignity and worth of all human beings (the universal)—go hand in hand: complementing each other and giving the state a qualified right to limit immigration along with a qualified duty to admit vulnerable …

All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception, Zach Tafoya

Pepperdine Law Review

In light of the more recent Hosanna-Tabor decision, this Comment seeks to answer these questions by extending the reasoning behind the ministerial exception to the university context in order to build a foundation upon which a future exception can be built to ensure that religious student groups are sufficiently free to choose their own leaders. Part II sets forth a brief history of the ministerial exception and its application in the circuit courts. Part III addresses two recent Supreme Court cases, Martinez and Hosanna-Tabor, and their practical effect on religious liberty, as well as the public’s perception of both cases. …