Digital Commons Network^™

Doctrinal Development: The Doctrine Of Lesser Magistrates And American Political Theology, Daniel Christopher Samms

Liberty Theological Review

The Doctrine of the Lesser Magistrate plays a unique role in the development of political theology. While the principle is found in Scripture, the doctrine is developed across church history during catalytic moments in which civil or religious authorities are at odds with Christian convictions. While the principle made developmental strides in the early centuries of Christianity, it was codified in the Magdeburg Confession of 1550, leading to more rapid development throughout the Reformation, and eventually influencing the American War for Independence. This analyzes the development of the doctrine, identifying it as a natural maturation of biblical principles. The doctrine …

Fiduciaries In Priest's Clothing: Clergy Sexual Abuse And Fiduciary Duty, Sebastian Richardson

Northwestern University Law Review

This Note argues that clergypersons who offer religious guidance are fiduciaries in some limited circumstances and therefore liable for sexual contact that occurs between them and congregants. This Note will argue that clergypersons are most properly deemed fiduciaries through a fact-based definitional approach. As such, this Note departs from previous arguments that clergypersons are fiduciaries because they provide services analogous to secular counselors. Prospective fiduciary relationships involving clergy should be analyzed using a distinct conceptual account of fiduciary relationships rather than an analogical analysis based on apparent similarities between a clergyperson and other fiduciaries. Such an approach is preferable to …

Spirituality Of The Servant Leader, Sally Duffy

Journal of Vincentian Social Action

Reflecting on the words and lived actions of philosophers, theologians and others in the Catholic tradition can inform the Spirituality of a Servant Leader. Thoughtful considerations of the crucified today and personal examination of reader towards systems and structures of oppression should inform those in leadership. Members and alumni of a Vincentian university must recall and embody the leadership styles of Jesus Christ and St. Vincent De Paul in their own places of influence to make for a more just and righteous global society. A Vincentian education calls leaders to holistic care of those they lead coupled with radical principles …

Table Of Belonging: Exploring Social Reversal At St. Paul's Episcopal Church, Natalie Magnusson

DMin Project Theses

This January 2023 Doctor of Ministry project thesis at Lipscomb University explores the problem of a predominantly white, affluent Episcopal congregation confessing racial justice as a shared value while struggling to embody that conviction. The project pursues the following research question: How might a congregation of the most historically powerful, prominent, and affluent church in the U.S. imagine its life in the Jackson, MI community in light of Luke 14 and encounters with people who experience racial injustice? In the theological chapter, the Tower of Babel narrative in Genesis 11 and the Pentecost narrative in Acts 2 serve as interpretive …

Beyond Lawyer Assistance Programs: Applying The United States Marine Corps' Concepts And Principles Of Spiritual Fitness As A Means Towards Increasing The Health, Resiliency, And Well-Being Of Lawyers—While Restoring The Soul Of The Profession, David A. Daigle, Daniel V. Goff

Journal of Catholic Legal Studies

(Excerpt)

Lawyer Assistance Programs (“LAPs”) are recognized as an invaluable tool for increasing well-being by assisting lawyers to secure confidential treatment in order to overcome various addictions and mental health issues. The 2017 report by the National Task Force on Lawyer Well-Being underscores this notion by asserting that LAPs “play a pivotal role in lawyer wellbeing.” While this is true, the legal profession would do well to look beyond LAPs and broaden its discussion regarding wellness. In particular, the American Bar Association (“ABA”) should more robustly recognize and encourage spirituality as a means towards health, resiliency, and well-being, much like …

Social Encyclicals And The Worker: The Evolution Of Catholic Labor Schools In Pennsylvania, Paul Lubienecki, Phd

Journal of Catholic Education

Many often identified the Catholic Church with the cause of labor and worker’s rights in the United States. However that was not the common situation encountered by laborers throughout most of the nineteenth century. The proclamation of the social encyclicals: Pope Leo XIII’s Rerum Novarum (1891) and Pope Pius XI’s Quadragesimo Anno (1931) elevated the status of the worker, endorsed worker associations and placed the Catholic Church as an advocate of worker’s rights. But for the worker to clearly understand this change as well as his rights and duties education was vital. For workers in Pennsylvania, especially in Pittsburgh and …

Foucault’S Keystone: Confessions Of The Flesh, Bernard E. Harcourt

Faculty Scholarship

The fourth and final volume of The History of Sexuality offers the keystone to Michel Foucault’s critique of Western neoliberal societies. Confessions of the Flesh provides the heretofore missing link that ties Foucault’s late writings on subjectivity to his earlier critique of power. Foucault identifies in Augustine’s treatment of marital sexual relations the moment of birth of the modern legal actor and of the legalization of social relations. With the appearance of the modern legal subject, Foucault’s critique of modern Western societies is complete: it is now possible to see how the later emergence of an all-knowing homo oeconomicus strips …

Religious Support, United States Army

United States Army: Field Manuals

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

Women In Ministry: How Conflicts Between God's Purpose And Church Doctrine Impact The Efficacy Of Female Church Leaders, Nicole L. Davis

Department of Conflict Resolution Studies Theses and Dissertations

The following research was a biographical narrative that examined the lived experiences of male and female church leaders and their perspectives on the social, moral, and religious implications of female church leadership. The purpose of this research was to explore the ideologies and identities of women leaders within the faith ministry, the definitions of ministry and leadership, the role of women in church ministry, and their understanding of marketplace ministry. I employed conflict resolution theories relating to power, change, and mental modeling as the basis of analysis for evaluating the impact of church policies and practices on the utilization of …

Santa Clara Magazine, Volume 59 Number 1, Spring 2018, Santa Clara University

Santa Clara Magazine

22 - TRUST ME After decades of declining trust in journalism, here’s some good news. Introducing the Trust Project. By Steven Boyd Saum and Deborah Lohse. Illustrations by Franziska Barczyk.

28 - NOBEL BEGINNINGS Santa Clara Professor Hersh Shefrin, fellow economist Richard Thaler, and the beginning of the fight to have behavioral economics taken seriously. There was yelling involved. By Deborah Lohse. Illustrations by Paul Blow.

32 - AFTERMATH OF DISASTER When fire or flood, wind or tremor strikes, what do you make of what’s been lost? How do you help others put their lives back together? Stories from the …

Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present, Katie Wilkinson

The Purdue Historian

In colonial America, there was one resource that settlers were thirsty for and only Native Americans could provide: land. Europeans were interested in gaining possession of Native land via whatever methods would place the fertile soil into their greedy palms the fastest. As a result, they turned to a familiar practice to establish ownership – the written word, more specifically treaties. Unfortunately, the Europeans had fundamentally different thoughts concerning land than the Natives and it resulted in great forfeitures for tribes. While Native Americans were often tricked into land cessions, this was not always the case. Some of the reasons …

On Confucius’S Ideology Of Aesthetic Order, Li Wang

Cultural Encounters, Conflicts, and Resolutions

Advocating order, order for all things, and taking order as beauty is the core element of Confucius’s aesthetic ideology. Confucius’s thought of aesthetic order is different from others of the “hundred schools of thoughts” in the pre-Qin period, and is also diverse from the Western value of aesthetic order. Confucius’s thought of aesthetic order has its own unique value system, which has become the mainstream value of aesthetic order in the Chinese society for 2000 years until today, after being integrated with the Chinese feudal imperial system in early Han Dynasty. This paper illustrates Confucius’s ideology of aesthetic order from …

The Santa Clara, 2014-05-01, Santa Clara University

The Santa Clara

No abstract provided.

"We Have No King But Caesar:" Some Thoughts On Catholic Faith And Public Life, Charles J. Chaput O.F.M. Cap.

Villanova Law Review (1956 - )

No abstract provided.

The Perils Of Social Reading, Neil M. Richards

Scholarship@WashULaw

Our law currently treats records of our reading habits under two contradictory rules: rules mandating confidentiality and rules permitting disclosure. Recently, the rise of the social Internet has created more of these records and more pressures on when and how they should be shared. Companies like Facebook, in collaboration with many newspapers, have ushered in the era of “social reading,” in which what we read may be “frictionlessly shared” with our friends and acquaintances. Disclosure and sharing are on the rise.

This Article sounds a cautionary note about social reading and frictionless sharing. Social reading might have some appeal, but …

Redrafting Of The Ukrainian Law On Religious Freedom: Ukrainian Churches Vs. Ukraine's Obligation To The Council Of Europe, Gennadiy Druzenko

BYU Law Review

No abstract provided.

How To Get To The Other Side Of Emotional Pain, Ronnie Moore

Doctoral Dissertations and Projects

The purpose of this dissertation is to provide a resource of approaches to deal with pain and guide in the direction of getting to the other side of pain. This project is used from a journey of painful events. The study is performed from literature, research and personal experiences. Therefore, this dissertation will provide and allow a person a valuable resource to deal with emotional pain and painful situations as well as provide several tools to get to the other side of emotional pain. It will also show how to understand emotional pain and work through the most devastating hurt …

Dedication To Robert "Mike" Driscoll, Jonathan Van Patten

Faculty Publications

No abstract provided.

Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland

Villanova Law Review (1956 - )

No abstract provided.

Paul’S Contextualization Of The Gospel Before The Areopagus In Acts 17, Philip J. Luca

Senior Honors Theses

The following thesis is an analysis on Paul’s presentation of the gospel to the Areopagus as recorded in Acts 17:22-31. The reasons behind his drastic permutation of the kerygma will be scrutinized by studying the exposition of the main components of the speech in parallel with an analysis of his audience. The objective of the thesis is to investigate the Apostle’s consistency with the orthodox kerygma as well as his interaction with the Gentile listeners. In conclusion, consequences for a relevant gospel presentation today will be proposed in light of Paul’s homily to the Areopagite Council.

Action As The Fruit Of Contemplation: A Reply To Bryce, Donnelly, Kalscheur, And Nussbaum, John M. Breen

Faculty Publications & Other Works

No abstract provided.

Finding Interior Peace In The Ordinary Practice Of Law: Wisdom From The Spiritual Tradition Of St. Teresa Of Avila, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

One Judge's Journey, Janine P. Geske

The Journal of Appellate Practice and Process

No abstract provided.

One Judge's Journey, Janine P. Geske

Faculty Publications

No abstract provided.

Looking Ahead At Catholic Higher Ed, Gerard V. Bradley

Journal Articles

Here is what we got. The people in charge -- faculty, college administrators, trustees, other intellectual elites, and (judging by what they do) the bishops -- do not believe what they need to believe to restore Catholic education to the colleges: that a Catholic education is better because the faith is true. This I call the Indispensable Conviction. It is the pearl of great price. Our leaders no longer possess it. And, without a Catholic education, our magnificent campuses are like whited sepulchers.

Is the status quo really so dire? What does the next generation portend? Can demand for …

Religious Discrimination, Public Funding, And Constitutional Values, Steven K. Green

UC Law Constitutional Quarterly

TitleVII of the 1964 Civil Rights Act allows religious institutions to discriminate on the basis of religion in their employment practices, even in those situations where employees are not engaged in religious functions or duties. This exemption, while part of the law since 1972, has become more controversial since the enactment of Charitable Choice legislation that allows religious organizations to contract with the government to administer funded social services. Even though the Supreme Court upheld the exemption against an Establishment Clause challenge in 1987, that decision did not involve government funded programs. An examination of the legislative history behind the …

Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman

Indiana Law Journal

Symposium: Law and Civil Society

Dorothy Day's Lessons For The Transformation Of Work, David L. Gregory

Hofstra Labor & Employment Law Journal

No abstract provided.

Practicing And Professing Spirit In Law, Emily A. Hartigan

Faculty Articles

God and femininity share similar positions of marginalization within the law and the legal academy: the classic division between home and business and the “feminine world of morality and love and the realm of “tough” survival skills and competition.” This marginalization, coupled with facets of American traditions, preclude progress from being achieved with respect to either, because neither is significantly part of the American public discourse, and the introduction of either is frowned upon within the academy. This marginalization is evinced by the work of people such as Michael Novak, who painted God as a small-time entrepreneur in his endeavor …

Sons Of Writ, Sons Of Wrath: Pierre Legendre’S Critique Of Rational Law-Giving, Anton Schutz

Cardozo Law Review

By nature we have been sons of wrath, according to a thoroughly explored passage of Pauline theology. I should like to put this text to a test. My purpose in this article is to view the work of a twentieth-century Sorbonne Professor of Law through the lens of this Pauline text. Clearly, such a procedure assumes some sort of extraordinary similarity of preoccupation as between these two thinkers. It assumes that the semantic components, filius and ira, and the question of their relationship, are equally crucial to both figures: to the fervent apostle and epistolographer who happened to have …