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A Philosophical Look Into The Morality And Legality Of Abortion, Alexis J. Agnew

Honors College Theses

In his Nicomachean Ethics, Greek philosopher Aristotle posits an understanding of ethics and how human life is characterized by the “good.” Aristotle argues that (I) ethics involve humans possessing a rational capacity and specific function; (II) ethics are habitual, and the “doctrine of the mean” is used to gauge proper action; and (III) justice is linked to virtue. A moral issue that can be analyzed through Aristotle’s Ethics, as well as works of contemporary philosophers, is abortion. Abortion has been a controversial topic and has been brought before the Supreme Court to determine its morality and legality. Using …

Fordham Lawyer, No. 22 - Winter/Spring 2023, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Critical Race Theory: Counter-Storytelling The Case Of ‘Old Frank’ And The Daniel Family Cemetery, Mark C. Grafenreed

SMU Law Review Forum

The Texas Historical Commission (“THC”), a legislatively enacted agency of the State of Texas, has erected and disseminated nearly 17,000 historical markers across the state’s vast 268,596 square miles and 254 counties with one express purpose: “To protect and preserve the state’s historic and prehistoric resources for the use, education, enjoyment, and economic benefit of present and future generations.” Unfortunately, the histories of both the United States and Texas are under siege. Politically charged and fear driven constituents have fully devoted their collective time, energy, and financial resources to destroying the perceived new boogeyman, Critical Race Theory (“CRT”). Since January …

Christianity And Economic Law, Daniel A. Crane

Book Chapters

From the first century forward, Christian thinkers and authorities have espoused many dierent views of economics, regulation, the role of the state, and economic law. Christian thought on economic regulation underwent systematic scholarly exposition during the Scholastic, Reformation, and modern eras, culminating in a wide array of perspectives on the role of markets and the government’s regulatory role. From Thomas Aquinas on just price theory to Martin Luther on cartelization and predatory pricing and Adam Smith on the nature of the market’s “invisible hand,” Christian and Christian-inuenced thinkers worked out the ethical and moral implications of contracts, usury, exchange, and …

Is There Really Anything Wrong With That? An Aristotelian Analysis Of Duty, Luke J. Mcgrath

Honors College Theses

In the iconic Seinfeld series finale, Jerry, George, Elaine, and Kramer find themselves in a peculiar legal predicament when they mock a crime rather than intervene to help the victim. The show’s commitment to portraying reality, even in its finale, vividly demonstrates the potential consequences of a society lacking the legal obligation to aid others. This comical incident raises a thought-provoking question about the legitimacy of duty-to-act laws in the United States. This thesis examines the application of Aristotle’s Nicomachean Ethics to the concept of duty-to-act laws and argues for the necessity and benefits of such laws in promoting a …

Full Issue: Fall 2023

DePaul Magazine

In DePaul Magazine's fall 2023, President Robert L. Manuel unveils his Designing DePaul road map to position the university for monumental impact. We also highlight an innovative program that merges law and tech, an initiative centering humanities in collaborative, community-based interactions, and the ascendance of soprano Janai Brugger (SOM '05) on the international opera stage.

The Elusive Motive Requirement In Canada’S Terrorism Offences: Defining And Distinguishing Ideology, Religion, And Politics, Michael Nesbitt, Leah West, Amarnath Amarasingam

Osgoode Hall Law Journal

Canada distinguishes “ordinary crime” from terrorism offences primarily by reference to whether an act meets the Criminal Code’s definition of “terrorist activity.” The most confusing and least understood element of terrorist activity is its motive requirement, that being that for a crime to constitute a terrorism offence, the actor must be motivated by politics, religion, or ideology. How do we know when such a motive exists, or even how to define these motivations? How do we differentiate ordinary crime from terrorism if we do not know what ideologies or religions “count” and which do not? Do far-right motivations picked and …

The Santa Clara, 2023-09-29, Santa Clara University

The Santa Clara

No abstract provided.

Progressive Prosecution, Sherry Boston, Rachel Foran, Deborah Gonzalez

Georgia Criminal Law Review

No abstract provided.

Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller

Communication ETDs

Anchored by contemporary crises surrounding queer and trans people in the United States, I employ movements from queerness within an affective queer phenomenological framework to understand how arrangements of “white religion” (Schaefer, 2015, p. 63), a process whereby U.S. American Christian forms escape ideology into religious affective economies in the United States, relegate queer people “to the background… to sustain a certain direction” (Ahmed, 2006, p. 31). I assemble a queer rhetorical context analyzing white religious space in documentary film, secular sexual regulation through contemporary U.S. legal contexts around marriage, and settler colonial Christian nationalist political imaginations to critique how …

Make All The Laws You Want: The Catholic Left Against Legal Liberalism, Circa 1968, Sara Mayeux

Vanderbilt Law School Faculty Publications

In this article, I bring the history of Catholic radicalism into conversation with legal history. Although there is an extensive historical literature on Catholic responses to the Vietnam War and other 1960s upheavals, this historiography has remained siloed from legal scholarship. Legal scholars (particularly outside of Catholic legal circles) have devoted little attention to figures like Merton, Furfey, and participants in the Catholic “ultraresistance” against the Vietnam War. In scholarly accounts of how social movements remade and reacted to constitutional law, Catholic activism is typically discussed, if at all, in the context of contraception and abortion debates. In broad outlines, …

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

University of Richmond Law Review

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

Dignity. Reverence. Desecration., Duane Rudolph, Duane Rudolph

Seton Hall Law Review

No abstract provided.

Tribute To Professor Joan Shaughnessy, Alan M. Trammell, Joan M. Shaughnessy, Mary Z. Natkin, Brian C. Murchison, Mark H. Grunewald, Barry Sullivan, Michelle L. Drumbl

Washington and Lee Law Review

A tribute to Professor Joan Shaughnessy, who served on the faculty of the Washington and Lee University School of Law from 1983 to 2022. A recognized scholar and teacher in areas of civil procedure, federal courts, evidence, family law, and poverty law, Shaun was appointed as W&L's inaugural Roger D. Groot Professor of Law in 2012.

Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit

UC Law Constitutional Quarterly

No abstract provided.

The Constitutional Imagination Of The Mujahidin: A History And Translation Of Two Constitutions Proposed By Afghan Islamist Militias In The 1990s, Shamshad Pasarlay, Clark Lombardi

Washington International Law Journal

No abstract provided.

Democracy Dies In Broad Daylight: How The Philippines' Halted Media Speech Despite Its Commitment To The Iccpr, Alexis Mozeleski

American University International Law Review

A primary initiative of the Philippines’ Rodrigo Duterte’s presidency was the national campaign against drug users and criminals. During the turbulent period that was Duterte’s presidency, journalists who published dissenting views on the drug war frequently became targets of Duterte’s administration, which came in the form of frivolous charges, arrests, banning media outlets, or in some instances, murder. This Comment argues that the Philippines violated international law protections of freedom of expression as codified in Article 19 of the International Covenant on Civil and Political Rights. As a party to this treaty, the Philippines, under Duterte’s administration, unjustifiably restricted speech …

Reaching Out Through The Universal: The Powerful And Positive Role Of A Jesuit Catholic Law School On The Secular Line, Judith A. Mcmorrow

Touro Law Review

There are multiple ways in which Catholic law schools can provide an education that supports and reflects a Catholic vision. Some schools align more closely to an orthodox view in which text and doctrine are the starting lens. Catholic law schools closer to the secular end of the spectrum play a powerful role by actively building bridges with the secular world. These schools, either implicitly or explicitly, start with values framed in more universal terms -- a moral or ethical worldview that can implement the common good in the secular world. A Catholic law school that emphasizes the universal generally …

Prison Housing Policies For Transgender, Non-Binary, Gender-Non-Conforming, And Intersex People: Restorative Ways To Address The Gender Binary In The United States Prison System, John G. Sims

Law Student Publications

“[I]t was the end of the last quarter of 2019 where I was able to drop the lawsuit against the correctional officer who had sexually harmed me when I knew . . . that the carceral state is not the way for me to find healing . . . . I was not going to seek my transformation and restoration through this system.”

Each year, rhetoric and legislation attacking transgender, non-binary, gender non-conforming and intersex individuals seemingly grows louder. Many political institutions in the United States perpetuate and enable the oppression of these individuals, one of which is the United …

Buddhism And Comparative Constitutional Law, Tom Ginsburg, Benjamin Schonthal

Books

No abstract provided.

The Remains Of The Establishment Clause, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

The very first words of the Bill of Rights mark religion as constitutionally distinctive. Congress may not enact laws respecting an establishment of religion – in particular, acts of worship, religious instruction, or proselytizing. A pluralist, liberal democracy requires separation of civil government from these distinctively religious activities.

From the middle of the 20 th Century until Justice O’Connor’s retirement in 2005, the Supreme Court energetically animated that principle of distinctiveness. In a series of decisions in the last decade, however, the Court has upended its longstanding approach to what is distinctive about religion in constitutional law. Notably, this process …

Preface, Rebecca Redwood French

Contributions to Books

Published in Buddhism and Comparative Constitutional Law, Tom Ginsburg & Benjamin Schonthal, eds.

Nomos, Narrative, And Nephi: Legal Interpretation In The Book Of Mormon, Nathan B. Oman

Faculty Publications

The Book of Mormon helped launch one of America’s most successful religions, and millions around the world accept it as scripture. It is thus one of the more influential books to have been published in the United States. Ironically, precisely because of its role in the founding of Mormonism, the text of the Book of Mormon has often been ignored. Recently, however, the Book of Mormon has begun to attract the attention of scholars whose interest in the text goes beyond either religious devotion or the academic study of Mormonism. Rather, they look to the text as a literary creation …

Demons & Droids: Nonhuman Animals On Trial, Gerrit D. White

PANDION: The Osprey Journal of Research and Ideas

Nonhuman animal trials are ridiculous to the modern sensibilities of the West. The concept of them is in opposition to the idea of nonhuman animals—entities without agency, incapable of guilt by nature of irrationality. This way of viewing nonhuman animals is relatively new to the Western mind. Putting nonhuman animals on trial has only become unacceptable in the past few centuries. Before this shift, nonhuman animal trials existed as methods of communities policing themselves. More than that, these trials were part of legal systems ensuring they provided justice for all. This shift happened because the relationship between Christian authorities and …

Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor

Articles

This chapter addresses design research and iterative curriculum design for the Lost & Found games series. The Lost & Found card-to-mobile series is set in Fustat (Old Cairo) in the twelfth century and focuses on religious laws of the period. The first two games focus on Moses Maimonides’ Mishneh Torah, a key Jewish law code. A new expansion module which was in development at the time of the fieldwork described in this article that introduces Islamic laws of the period, and a mobile prototype of the initial strategy game has been developed with support National Endowment for the Humanities. The …

Freedom Of Speech In The Age Of Information And Misinformation, Edward Mehrer Iii

University of Dayton Law Review

No abstract provided.

From Bus Bans On Religious Advertisements To Beyond: Why Religion Is More Appropriately Classified As A Viewpoint Rather Than A Subject Matter, Anna Kukharenok

San Diego Law Review

This circuit split created the issue identified herein: Is a ban on religious advertisements—aimed at all religions equally—permissible because it constitutes a restriction of a subject matter, or is it impermissible because it constitutes restriction of a viewpoint? This narrow issue implies the existence of a broader issue: Should religion as a whole be classified as a subject matter or a viewpoint in order to avoid laborious and fact-intensive inquiries into each particular law? This Comment aims to answer this question through the lens of not only legal precedent, but policy perspectives as well. This Comment advances the position that …

Book Review: Diversity In Intellectual Property: Identities, Interests, And Intersections, Weijie Huang, Yahong Li

Indian Journal of Law and Technology

Book Review of 'Diversity in Intellectual Property', edited by Irene Calboli and Srividhya Ragavan

**Surveilling Potential Uses And Abuses Of Artificial Intelligence In Correctional Spaces**, Justin Iverson

Lincoln Memorial University Law Review Archive

No abstract provided.

On Thinking Theologically Of Lawyers As Counselors, Thomas L. Shaffer

Florida Law Review

No abstract provided.