Digital Commons Network^™

Breaking The Prison-Jihadism Pipeline: Prison And Religious Extremism In The War On Terror, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Faith-Based Mediation In The Pakistan-India Conflict, Sarah Khan

Cardozo Journal of Conflict Resolution

Section II of this Note explores the background history of Muslims and Hindus in India, the partition, and some of the most prominent issues that stand in the way of resolution. Section III discusses how religious mediation methods have been, and continue to be, used successfully in the contexts of other countries and conflicts. Section IV proposes that these methods be applied in the Pakistan-India situation to target specific issues facing the two countries, while incorporating the already proposed solutions that are on the table by politicians today.

Commerce, Religion, And The Rule Of Law, Nathan B. Oman

Faculty Publications

The rule of law and religion can act as commercial substitutes. Both can create the trust required for material prosperity. The rule of law simplifies social interactions, turning people into formal legal agents and generating a map of society that the state can observe and control, thus credibly committing to the enforcement of the legal rights demanded by impersonal markets. Religion, in contrast, embraces complex social identities. Within these communities, economic actors can monitor and sanction misbehavior. Both approaches have benefits and problems. The rule of law allows for trade among strangers, fostering peaceful pluralism. However, law breeds what Montesquieu …

A Right To Care, Stacey A. Tovino

Faculty Articles

In this Article, Professor Stacey Tovino examines the right to care through a personal and historical lens, then attempts to fill a scholarly gap in legal literature surrounding the right to skilled care and rehabilitation for patients with group or commercial insurance. Professor Tovino first recounts the history of Medicare coverage for skilled care and rehabilitation, then she examines the limitations of group and commercial insurance, finally concluding by asserting a right to care.

Editors

Journal of Vincentian Social Action

No abstract provided.

Gay Teachers In Catholic Schools: A Conflict Of Human Rights, Ish Ruiz

Biennial Conference: The Social Practice of Human Rights

What happens when a person’s exercise of a human right conflicts with another’s enjoyment of a human right? Such is the case when a gay teacher in a Catholic school is fired as the school exercises its right to religious freedom in order to ensure its teachers live lives consistent with Church teaching.

As religious institutions, Catholic schools are protected by a ministerial exception that offers legal immunity to Catholic educational institutions that fire gay and lesbian teachers (teachers are sometimes considered “ministers” by the courts). In many states these firings on the basis of sexual orientation or marital status …

The Santa Clara, 2017-11-09, Santa Clara University

The Santa Clara

No abstract provided.

Constitutional Jurisprudence Of Law And Religion: Privacy V. Piety - Has The Supreme Court Petered Out?, Matthew A. Ritter, M.Div., J.D., Ph.D.

The Catholic Lawyer

No abstract provided.

Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis

Maine Law Review

The George W. Bush administration responded to the terrorist attacks of September 11th with far-reaching assertions of a vast commander-in-chief power that it has often insisted is substantially free of effective judicial or legislative checks. As Scott Shane wrote in the December 17, 2005 edition of the New York Times, "[f]rom the Government's detention of [American citizens with no or severely limited access to courts, and none to attorneys, families, or friends] as [alleged] 'enemy combatants' to the just disclosed eavesdropping in the United States without court warrants, the administration has relied on an unusually expansive interpretation of the president's …

Introductory Note: Personal Values And The Character Of The Lawyer, Joseph A. Morris, C.M., Ph.D

The Catholic Lawyer

No abstract provided.

The Global Community's Role In Promoting The Right To Democratic Governance And Free Choice In The Third World, Ndiva Kofele-Kale

Law and Business Review of the Americas

No abstract provided.

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

The Catholic Lawyer

No abstract provided.

A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington

The Eastern Illinois University Political Science Review

For decades, political scientists have and continue to theorize about influences on presidential decision-making and policy implementation. Faith and religious analysis however, remain relatively new to the study of presidential politics. This particular research examines two Republican presidents, both Ronald Reagan and George W. Bush, that had vastly different ideas about how to combat nations whose policies limited freedom and liberty.

Fighting The New Wars Of Religion: The Need For A Tolerant First Amendment, Leslie C. Griffin

Maine Law Review

Religious wars have broken out around the country about the legality of gay marriage, the consequences of gay ordination for property ownership, the funding of faith-based organizations and the placement of crosses and Ten Commandments (but not Seven Aphorisms) on public land. To resolve such impassioned disputes, Americans traditionally look to the Religion Clauses of the First Amendment, which state "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Unfortunately, the Court's modern decisions interpreting those clauses have shed more heat than light on the discussion and have provoked ongoing controversy instead of …

Morals For Home, Morals For Office: The Double Ethical Life Of A Civil Littigator, Patricia L. Rizzo

The Catholic Lawyer

No abstract provided.

Seventh Circuit's Taxation Of Members Of Religious Orders - A Change Of Habit, Francine M. Corcoran

The Catholic Lawyer

No abstract provided.

An American Experiment: Teaching Canon Law To Students Of Common Law, Ladislas Orsy, S.J.

The Catholic Lawyer

No abstract provided.

Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman

Briefs

No abstract provided.

Santa Clara Magazine, Volume 58 Number 2, Summer 2017, Santa Clara University

Santa Clara Magazine

18 - LISTENING IS HER SUPERPOWER The groundbreaking stage work of Anna Deavere Smith. By Jesse Hamlin.

22 - CASTS A SHADOW Travel bans: Four international graduate students respond. By Matt Morgan.

24 - A BIGGER STAGE Priest, social worker, CEO, and teller of stories: Jim Purcell on what drew him to Santa Clara—and what Jesuit education can be. By Steven Boyd Saum.

28 - THE GOOD, THE BAD, AND THE KID Ron Hansen M.A. ’95 talks truth and fiction and Billy the Kid—and when you can’t tell the good guys from the bad guys.

38 - DISCOVER. INNOVATE. A …

Imaginary Lines, Real Consequences: The Effect Of The Militarization Of The United States-Mexico Border On Indigenous Peoples, Joseph Kowalski

American Indian Law Journal

No abstract provided.

Embryos As Patients? Medical Provider Duties In The Age Of Crispr/Cas9, G. Edward Powell Iii

Duke Law & Technology Review

The CRISPR/Cas9 genome engineering platform is the first method of gene editing that could potentially be used to treat genetic disorders in human embryos. No past therapies, genetic or otherwise, have been intended or used to treat disorders in existent embryos. Past procedures performed on embryos have exclusively involved creation and implantation (e.g., in-vitro fertilization) or screening and selection of already-healthy embryos (e.g., preimplantation genetic diagnosis). A CRISPR/Cas9 treatment would evade medical malpractice law due to the early stage of the intervention and the fact that it is not a treatment for the mother. In most jurisdictions, medical professionals owe …

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 …

A Study Of The Effectiveness Of The Crisis Care & Counseling Course Within The Special Operations Forces At The Joint Special Operations University, Mary Ann Quartetti

Doctor of Education (Ed.D)

The Special Operations Forces have experienced a surge in PTSD and suicides in the past several years, now surpassing conventional military branches. Due to the attached stigma for seeking help from mental health professions and potential negative career effects, military personnel are more likely to seek counseling from their unit chaplain. The U.S. military does not require chaplains to have a counseling degree or certification in counseling as a prerequisite to performing duties as a chaplain, although most Masters of Divinity programs do include some counseling courses. The military does provide limited training to its chaplains in counseling. Special Operations …

The Jurisprudence Of Conscription: Social Contract, Moral Obligation, And Proposals, James M. Thunder

The Catholic Lawyer

No abstract provided.

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Briefs

No abstract provided.

In Solidarity, Musselman Library, Salma Monani, Sarah M. Principato, Dave Powell, Brent C. Talbot, Charles L. Weise, Bruce A. Larson, Scott Hancock, Mckinley E. Melton, David S. Walsh, Jennifer Q. Mccary, Kristina G. Chamberlin

Next Page

This edition of Next Page is a departure from our usual question and answer format with a featured campus reader. Instead, we asked speakers who participated in the College’s recent Student Solidarity Rally (March 1, 2017) to recommend readings that might further our understanding of the topics on which they spoke.

Santa Clara Magazine, Volume 58 Number 1, Spring 2017, Santa Clara University

Santa Clara Magazine

24 - BIG WIN FOR A TINY HOUSE Turning heads and changing the housing game. By Matt Morgan.

28 - $100 MILLION GIFT TO BUILD John A. ’60 and Susan Sobrato make the largest gift in SCU history. Now see the Sobrato Campus for Discovery and Innovation that will take shape—and redefine the University. Illustration by Tavis Coburn.

36 - CUT & PASTE CONSERVATION We can alter wild species to save them. So should we? By Emma Marris. Illustrations by Jason Holley.

44 - INFO OFFICER IN CHIEF From his office overlooking the White House, Tony Scott J.D. ’92 set …

The Secular Benefits Of Comparative Religious Education, Wen Jie (Fred) Tan

Brigham Young University Prelaw Review

This paper builds on current literature surrounding the need for increased religious freedom. Theories on conflict and threat describe how peace and religious freedom must be preceded by religious understanding. However, it is erroneous and presumptuous to claim that such religious understanding will increase naturally without intentional policies facilitating a climate tolerance and acceptance. Taboos limit governments' interaction with religion. It will be shown how secular benefits that religious freedom brings provide strong justification for cooperation between both institutions. A policy of comparative religious education improves mutual religious understanding and helps bring about increased economic growth and national security. Because …

Commodity Supply And Extraterritorial Patent Infringement In Life Technologies V. Promega, G. Edward Powell

Duke Journal of Constitutional Law & Public Policy Sidebar

American patent law grants inventors the exclusive right, within U.S. territory, to make, sell, use, and import their patented inventions. In response to attempts to circumvent the right by making the components of an invention within the U.S. and exporting them for assembly abroad, Congress passed 35 U.S.C. § 271(f), prohibiting “suppl[ying] . . . from the United States all or a substantial portion of the components of a patented invention . . . to actively induce the combination of such components outside of the United States . . . .” Petitioner Life Technologies supplied one commodity component of a …

An Unjust Dogma: Why A Special Right To Religion Wrongly Discriminates Against Non-Religious Worldviews, Kenneth Einar Himma

San Diego Law Review

In this Article, I will argue that a special right to religious freedom is not morally warranted, and that hence such a right illicitly discriminates against non-religious worldviews. The principal argument here is that there is no adequate reason to think that religious worldviews implicate any interests distinct from those implicated by non-religious worldviews. While it is certainly true that religious worldviews warrant, as a matter of political morality, all the protections that non-religious worldviews receive, there is good reason to question what seems to have become a dogma among Western nations—namely, that religious worldviews deserve special protection....