Digital Commons Network^™

The Right To Equality And The Employment Decisions Of Religious Schools, Greg Walsh

Law Papers and Journal Articles

Under the Anti-Discrimination Act 1977 (NSW) religious schools are provided with an exception from the operation of the Act in relation to their employment decisions. This article evaluates the merits of the legal protections provided to religious schools by specifically focusing on the extent to which the provisions are consistent with the right to equality. Although there are a range of other considerations relevant in determining the merits of the provisions a specific focus on the right to equality is appropriate considering the significance of the right in anti-discrimination legislation. The article explores the extent to which the provisions may …

Santa Clara Magazine, Volume 56 Number 1, Fall 2014, Santa Clara University

Santa Clara Magazine

14 - HEARING THE CRY OF THE POOR: The Jesuit martyrs of El Salvador by Ron Hansen M.A. ’95. Their murder in November 1989 marked a turning point in the country’s civil war. What do they have to say to us now?

25 - THE OPEN WINDOW by Lucía Cerna. A first-person account by the housekeeper in the Jesuit community at the University of Central America. She witnessed the killing of six Jesuits by government soldiers, and telling the truth about that night cost her dearly.

29 - WHAT DO YOU STAND FOR? By Mary Jo (Hull) Ignoffo ’78. The …

Defending The Public Good And Traditional Society: Non-Scriptural Religious Objections To Same-Sex Marriage, Donald H. J. Hermann

Valparaiso University Law Review

No abstract provided.

Rethinking The "Religious Questions" Doctrine, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.

The Growing Power Of Healthcare Ethics Committees Heightens Due Process Concerns, Thaddeus Mason Pope

Faculty Scholarship

Complex ethical situations, such as end-of-life medical treatment disputes, occur on a regular basis in healthcare settings. Healthcare ethics committees (HECs) have been a leading dispute resolution forum for many of these conflicts. But while the function of HECs has evolved from mediation to adjudication, the form of HECs has not evolved to adapt to this expanded and more consequential function.

HECs are typically multidisciplinary groups comprised of representatives from different departments of the healthcare facility: medicine, nursing, law, pastoral care, and social work, for example. HECs were established to support and advise patients, families, and caregivers as they work …

The Growing Power Of Healthcare Ethics Committees Heightens Due Process Concerns, Thaddeus Mason Pope

Cardozo Journal of Conflict Resolution

Complex ethical situations, such as end-of-life medical treatment disputes, occur on a regular basis in healthcare settings. Healthcare ethics committees (HECs) have been a leading dispute resolution forum for many of these conflicts. But while the function of HECs has evolved from mediation to adjudication, the form of HECs has not evolved to adapt to this expanded and more consequential function.

When Churches Reorganize, Pamela Foohey

Scholarly Works

This Article combines an analysis of documents submitted in connection with Chapter 11 cases filed by religious organizations with the results of in-depth interviews with these organizations’ leaders and their bankruptcy attorneys to assess whether reorganization has the potential to offer an effective solution to these debtors’ financial distress. In doing, it makes three contributions. First, it identifies a subset of organizations that seemed more likely to turn to bankruptcy: small congregationalist and non-denominational churches, often with predominately African-American membership. The Article pinpoints salient questions about these churches’ access to credit and use of bankruptcy for future study. Second, it …

When Churches Reorganize, Pamela Foohey

Articles by Maurer Faculty

The article complements and expands the author’s prior article, Bankrupting the Faith. This article primarily relies on interviews with attorneys who represented religious organizations in chapter 11 bankruptcy to assess whether reorganization has the potential to offer an effective solution to religious organizations’ financial problems. In doing so, it makes three contributions. First, it tracks the post-bankruptcy outcomes of a portion of the debtors to find that approximately 65% remained operating post-bankruptcy; these outcomes contradict previous studies of small business bankruptcy and are important to current debates about reforming small business bankruptcy. Given this—and in keeping with the ABLJ’s …

Ownership, Control, Sponsorship, And Trusteeship: Governance Relationships Within Private Catholic Religious-Sponsored Secondary Schools In The United States, David Louis Caretti

Doctoral Dissertations

The governance of private Catholic religious-sponsored secondary institutions in the United States is wholly unique, for many different influences distinguish these institutions from not only their public counterparts but also other Catholic schools operated by a diocese or parish. In the face of the changes of the post-Vatican II era, including the diminishing numbers of religious brothers, sisters, and priests available to minister within their respective apostolates, religious congregations have employed one particular governance construct, the board of limited-jurisdiction, originally created within the Catholic university and healthcare realms. Thus, while such boards hold the chief role in directing the progress …

Religion, Race, & The Fourth Estate: Xenophobia In The Media Ten Years After 9/11, Roslyn Satchel Augustine, Jonathan C. Augustine

Tennessee Journal of Race, Gender, & Social Justice

September 11, 2011 marked the tenth anniversary of the most horrific attacks in the United States. In the decade after the September 11, 2001 attacks (9/11), matters of race and religion maintained an awkwardly prominent role in American culture, with the media arguably fueling perceptions. This interdisciplinary Article’s thesis is that media elites, most of which are large corporations, threaten American democracy with xenophobic influence in an age of unmediated communication. Thus, the frequent imagery of “us” versus “them” has exasperated religious tensions between Judeo-Christian faith groups and religious minorities.

In the wake of the United States Supreme Court’s decision …

Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools , Daniel B. Weddle

Missouri Law Review

This Article will offer a brief critique of current bullying legislation and suggest changes to the legislation designed to achieve the good intentions that usually motivate such legislative efforts. It will also briefly address some of the less well-meaning legislative efforts and suggest that legislators duped by their uncharitable colleagues into passing counter-productive bullying legislation take the necessary steps to reverse the damage. Because of the brevity of this Article, I will focus primarily upon weaknesses that legislatures should address and will not discuss the strengths that can be found in a few legislative efforts to deal with bullying in …

Learning From Clergy Education: Externships Through The Lens Of Formation, Daisy Hurst Floyd, Timothy Floyd, Sarah Gerwig-Moore

Articles

Educating Lawyers, the 2007 Carnegie Foundation study of legal education, challenges law schools to become more intentional about educating students for formation of professional identity. Noting that clergy education has focused more on the formative aspects of professional education than have other professional schools, the study suggests that legal educators could learn a great deal from clergy education about teaching for professional identity formation. Taking that suggestion to heart, the authors undertook an examination of clergy education, with a particular focus on the role of field education in students’ personal and professional formation. This article reports on that examination …

The Wrong Track, Baby - How Damage To Gay Youth Was Borne This Way: Via Ideologically Bound Law Reviews Publishing "Hopey Changey Stuff', David Gröshöff

Cardozo Journal of Equal Rights & Social Justice

The article critiques the use of flawed, ideologically driven legal scholarship in court cases involving LGBTQ+ rights, particularly in the context of adoption and foster parenting. It highlights how such scholarship, often published in law reviews with inadequate peer review, has been used to discriminate against LGBTQ+ individuals. The analysis focuses on the work of George Rekers and Paul Cameron, whose research was cited in court cases to argue against LGBTQ+ parenting rights, despite significant methodological flaws and ethical violations. The article underscores the need for rigorous ethical standards and peer review in legal scholarship to prevent the perpetuation of …

Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools, Daniel B. Weddle

Faculty Works

No abstract provided.

Sexual Rights And Religion: Same-Sex Marriage And Lawmakers' Catholic Identity In Argentina, Juan Marco Vaggione

University of Miami Law Review

No abstract provided.

Religion And The Purification Of Reason: Why The Liberal State Requires More Than Simple Tolerance., John M. Breen

Faculty Publications & Other Works

No abstract provided.

Religion And The Purification Of Reason: Why The Liberal State Requires More Than Simple Tolerance, John M. Breen

Campbell Law Review

What could Pope Benedict possibly mean by the astounding claim that reason in public discourse must be "purified" by religion? What does he mean in saying that religion has a "corrective" role to play in the political process? In the essay that follows, first, I explore the meaning of this provocative passage as elucidated in the other documents of Benedict's papacy, in the work of Joseph Ratzinger prior to his election as pope, and in the larger body of papal encyclicals, conciliar documents and episcopal statements collectively known as "Catholic social teaching." Second, I will show how much of what …

Appropriate Responses Of Campus Security Forces, Donald Challis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Unexpected Consequences: The Constitutional Implications Of Federal Prison Policy For Offenders Considering Abortion, Claire Deason

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Courts, Clergy, And Congregations: Disputes Between Religious Institutions And Their Leaders, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

For nearly forty years, the courts have barred a variety of lawsuits by clergy against their religious entity-employers. These suits frequently involve matters of civil rights, such as sex-based discrimination in employment, but they also involve claims of defamation, violation of fair labor standards, and breach of employment contracts, among others. To justify the barriers to these suits, courts typically rely on concepts drawn from the First Amendment's Religion Clauses. In particular, courts frequently invoke theories of free exercise of religion by religious institutions, or notions of "excessive entanglement" between church and state, to justify this line of case law. …

Caught In The Crossfire: How Catholic Charities Of Boston Was Victim To The Clash Between Gay Rights And Religious Freedom, Colleen Theresa Rutledge

Duke Journal of Gender Law & Policy

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Spring 2008

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Gender, Place, Discursive Space: Where Is Same-Sex Marriage?, Marc R. Poirier

FIU Law Review

No abstract provided.

Chaos, Law, And God: The Religious Meanings Of Homosexuality, Jay Michaelson

Michigan Journal of Gender & Law

This Article argues that the religious meaning of homosexuality cannot be explained merely in terms of homophobia, "church and state," or traditional values versus progressive ones. Rather, the regulation of sexuality has a particular religious meaning: sexuality is a primary site in which religious law is engendered, where the lawfulness of religion meets the chaos beyond it. Whether in Biblical times or today, changing the way sexuality is regulated is a threat to the notion of order itself, as construed by Jewish and Christian religion. Arguments about gay rights, same-sex marriage, and related issues are not merely arguments informed by …

Government-Sponsored Chaplains And Crisis: Walking The Fine Line In Disaster Response And Daily Life, 35 Hastings Const. L.Q. 505 (2008), Mary Jean Dolan

UIC Law Open Access Faculty Scholarship

No abstract provided.

Government-Sponsored Chaplains And Crisis: Walking The Fine Line In Disaster Response And Daily Life, Mary Jean Dolan

UC Law Constitutional Quarterly

Two significant public issues have been the limits of partnership between government and religion and government's role in helping citizens cope with disasters. One intriguing intersection of these issues is local governments' use of chaplaincy programs to address the human face of trauma, both large-scale and personal. This Article asserts that the constitutional line differs for mass disaster response and the daily human dramas, clearly painful, addressed by local police and fire departments. There is an important and valid role for clergy and faith-based assistance as part of the broad spectrum of governmental disaster relief. In the everyday tragedies, however, …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Constitutional Change And Responsibilities Of Governance Pertaining To The Faith-Based And Community Initiative, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

This paper, commissioned and published in June 2008 in connection with the White House-sponsored Conference on Innovations in Effective Compassion, addresses the changing legal environment relevant to government partnerships with religious providers of social services. In particular, the paper maps the federal government's regulatory agenda in connection with the Faith-Based and Community Initiative (FBCI) onto the changes in constitutional law over the past several decades. After briefly surveying the key developmental points in the relevant constitutional law, the paper explores specific changes in federal regulations governing aid to religious providers of welfare services, and considers the litigation efforts that have …

Harmony And Transformative Mediation Practice: Sustaining Ideological Differences In Purpose And Practice, Joseph Folger

North Dakota Law Review

No abstract provided.