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Papal Jurisprudence, Chad Marzen, William Woodyard

Notre Dame Journal of International & Comparative Law

No abstract provided.

Ndls Communicator: Week Of 04.07.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Law school groups help launch website to shine light on religious discrimination across the United States
• Notre Dame Law School students compete in International Moot Court on Law and Religion in Rome
• ND Law Global Human Rights Clinic research collaboration with International Justice Mission on forced labor and human trafficking in the Philippines
• ND Law's Black Law Students Association leads workshop and shadow day for ND TRIO program

Faculty Briefs

• Jared DeFelice and Robert Stone Curl, students in the Notre Dame Law School Eviction Clinic, traveled to Indianapolis with David Pruitt (Clinical Director) to testify in support …

Ndls Communicator: Week Of 02.26.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School awards endowed professorships to Paul Miller and Jeff Pojanowski
• Professor Richard Garnett appointed to serve as a lay consultant on the USCCB's Committee for Religious Liberty
• ND Law EJC director Jimmy Gurulé to address Consular Summit in Mexico City on wrongful convictions
• ND Law students win asylum for families through immigration externship
• Clinical Professor Emerita Judith Fox co-authors Eviction Court Watch Study
• Sherif Girgis' article, "Living Traditionalism," was quoted in the New York Times to help interpret Justice Barrett's and Judge Newsom's takes on the Supreme Court's 'history-and-tradition' tests.
• Emily Bremer's new paper, …

Contingency And Contestation In Christianity And Liberalism, Michael P. Moreland

Notre Dame Law Review

What is the relationship of Christianity to liberalism? Answers include: Liberalism is a product of the moral legacy of Christianity, such as the dignity of individual human persons, equality, rights, perhaps even some forms of democratic institutionalism. Or liberalism is a hostile reaction against Christianity by way of an autonomous individualism set against divinely ordained creatureliness and dependence, democracy against authority, egalitarianism against hierarchy. Or liberalism is in a modus vivendi relationship with Christianity and vice versa. Or perhaps there is something true about each of these answers.

Critiques of liberalism in law and politics come in waves. The liberal-communitarian …

Brief Of Amici Curiae Catholic Medical Association And Coptic Medical Association Of North America In Support Of Appellees, Eric N. Kniffin, John A. Meiser, Francesca M. Genova

Court Briefs

No. 2021CA1855
Barbara Morris v. Centura Health Corporation

Appeal from: Colorado District Court, Arapahoe County Case No. 2019CV31980 (Hon. Peter Frederick Michaelson)

From the Summary of Argument

At its core, this case concerns a religious hospital’s right to provide care in accordance with its faith commitments. Centura Health is a Christian healthcare system that is composed of Catholic and Seventh-day Adventist hospitals, including St. Anthony Hospital, the Catholic Hospital for which Dr. Morris worked. In service of their religious mission, Centura Health and St. Anthony Hospital (collectively, “Centura”) require their doctors to abide by the Ethical and Religious Directives for …

The Role Of Emotion In Constitutional Theory, J. Joel Alicea

Notre Dame Law Review

Although the role of emotion in law has become a major field of scholarship, there has been very little attention paid to the role of emotion in constitutional theory. This Article seeks to fill that gap by providing an integrated account of the role of emotion within the individual, how emotion affects constitutional culture, and how constitutional culture, properly understood, should affect our evaluation of major constitutional theories.

The Article begins by reconstructing one of the most important and influential accounts of emotion in the philosophical literature: that of Thomas Aquinas. Because Aquinas’s description of the nature of emotion accords …

The Natural Law Ethics Of Public Health Lockdowns, Eric C. Ip

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Scandal And Due Process: A Canonical Response To The Mccarrick Case, Fr. John P. Kimes

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Catholic Social Teaching: A Volume Of Scholarly Essays, Gerard V. Bradley

Books

Gerard V. Bradley and E. Christian Brugger eds.Catholic social teaching (CST) refers to the corpus of authoritative ecclesiastical teaching, usually in the form of papal encyclicals, on social matters, beginning with Pope Leo XIII's Rerum Novarum (1891) and running through Pope Francis. CST is not a social science and its texts are not pragmatic primers for social activists. It is a normative exercise of Church teaching, a kind of comprehensive applied - although far from systematic - social moral theology. This volume is a scholarly engagement with this 130-year-old documentary tradition. Its twenty-three essays aim to provide a constructive, …

Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, Brett G. Scharffs

Notre Dame Law Review Reflection

It seems likely that change in Islam will be affected both by outside and internal sources, as was the case for the Catholic Church and its journey to Dignitatis Humanae. However, one thing the Catholic experience suggests is that meaningful and profound change does not simply come from outside pressures; it comes from authentic and sincere evaluation and interpretation by insiders of a religious tradition of that tradition itself. Thus, if Islam is going to come to embrace religious freedom as an important value, this will be the result, significantly if not primarily, of Muslims interpreting their own sacred …

California Propositions 62 & 66 As Misguided Models For The Capital Punishment Debate: The Argument For The Inclusion Of Catholic Social Teaching And Other Religious Denominations In The Discussion And A Proposed Solution, Cornelius V. Loughery

Journal of Legislation

No abstract provided.

The Equivalence Of Religion And Conscience, Lucien J. Dhooge

Notre Dame Journal of Law, Ethics & Public Policy

This Article examines issues posed by the equation of religious liberty with secular conscience, utilizing federal law and the law in those states which have adopted religious freedom restoration acts (RFRAs). The Article initially addresses the definition of religion through an examination of applicable literature and federal and state case law. The same approach is utilized to define conscience. The Article then examines similarities between the two concepts and the implications of their equivalence. The Article concludes that religion and conscience are moral equivalents that require equal legal treatment. However, equal treatment should proceed with caution in order to address …

Today's Challenges To Religious Liberty In Historical Perspective, Gerard V. Bradley

Journal Articles

From the Introduction

Many people say that religious liberty in our country is now under attack more than ever before. That's true as far as it goes, and in what follows I shall supply some reasons why I think so. But the chief aim of this Article is not to try to establish that religious liberty is in its most parlous state ever, as if some common threat-level metric is higher today than it was, say, a hundred or fifty years ago. As a matter of fact, Mormons and Native Americans in the late-nineteenth century faced government actions more hostile …

Polycarp's Dilemma: A Discussion Of Nicholas Wolterstorff's The Mighty And The Almighty: An Essay In Political Theology, Richard W. Garnett

Journal Articles

The Mighty and the Almighty: An Essay in Political Theology. By Nicholas Wolterstorff. Cambridge: Cambridge University Press, 2012. Pp. 190. $94.00 (cloth). ISBN: 9781107027312. $29.99 (paper). ISBN: 9781107673809.

From the Review

In March of 2014, a distinguished group of scholars from a variety of institutions and disciplines gathered at Notre Dame Law School to discuss and appreciate Nicholas Wolterstorff's 2012 book, The Mighty and the Almighty: An Essay in Political Theology. This stimulating conversation, like several other similar events at Notre Dame in recent years, was convened and supported by the Law School's Program on Church, State, and …

Gerrymandered Gridlock: Addressing The Hazardous Impact Of Partisan Redistricting, Nathan S. Catanese

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Someone Make Up My Mind: The Troubling Right To Die Issues Presented By Incompetent Patients With No Prior Expression Of A Treatment Preference, Steven M. Richard

Notre Dame Law Review

No abstract provided.

Sign Of The Cross And Jurisprudence, Edward J. Murphy

Notre Dame Law Review

No abstract provided.

Sign Of The Cross And Jurisprudence, Edward J. Murphy

Notre Dame Law Review

No abstract provided.

Law, Morality, And Sexual Orientation, John M. Finnis

Notre Dame Law Review

No abstract provided.

The Problem Of Acid Rain: Is The Protection Of Private Property Rights The Solution, P. Michael Walker

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Bishops' Pastoral Letter On The Economy: Theological Criteria And Criticisms, J. Brian Benestad

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Future Of Civil Rights: Affirmative Action Redivivus, Edward J. Erler

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Jurisprudence In The Light Of The Hebraic Faith, Thomas L. Shaffer

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Rehabilitating The Juvenile Court, Charles E. Springer

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Legally True But Misleading Statements: A Moral Dilemma, R. John Kuehn Iii

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

What Is Work For - A Catholic Ethical Response To A Crucial Issue In U.S. Welfare Reform, Christine Firer Hinze

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Bridging The Gap: A Catholic Perspective On Global Trade As A Tool Of Development, Adam K. Butman

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Now I Lay Me Down To Sleep: Work-Related Sleep Deficits And The Theology Of Leisure, Alison Mcmorran Sulentic

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Pro-Life Judges And Judicial Bypass Cases, Eric Parker Barbs

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Human Dignity And Health Law: Personhood In Recent Bioethical Debates, Zachary R. Calo

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.