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1998

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Articles 31 - 47 of 47

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Mary, The Servant Of God, In A Renewed Marian Theology Based On The New Creation, Walter T. Brennan Jan 1998

Mary, The Servant Of God, In A Renewed Marian Theology Based On The New Creation, Walter T. Brennan

Marian Library Studies

No abstract provided.


Catholic Judges In Capital Cases, John H. Garvey Jan 1998

Catholic Judges In Capital Cases, John H. Garvey

Scholarly Articles

No abstract provided.


Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin Jan 1998

Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin

Scholarly Articles

The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.


The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger Jan 1998

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie Failinger

Faculty Scholarship

Although many authors have debated the propriety of the use of religious arguments in public policy discussions and lawmaking, few have critically reviewed the jurisprudence of particular judges through the lens of their own faith-traditions. Preliminarily, this article attempts a modest contribution to the discussion about the use of religious argument in public discussions by suggesting that judicial opinions should be viewed rhetorically and that religious assumptions and claims may legitimately be "borrowed" analogically into such opinions, at least their forensic and epideictic elements. More concretely, it analyzes themes in some of Justice William Rehnquist's opinions to determine how consistent …


A Religious Perspective On Legal Practice And Ethics, Joseph Allegretti Jan 1998

A Religious Perspective On Legal Practice And Ethics, Joseph Allegretti

Fordham Law Review

No abstract provided.


Catholics, Kohlbergian And Medical Perspectives Next To Jack Kevorkian And Assisted Suicide, Joel Alan Brickner Jan 1998

Catholics, Kohlbergian And Medical Perspectives Next To Jack Kevorkian And Assisted Suicide, Joel Alan Brickner

Graduate Theses and Dissertations

No abstract provided.


Single Gender Marriage: A Religious Perspective, Raymond C. O'Brien Jan 1998

Single Gender Marriage: A Religious Perspective, Raymond C. O'Brien

Scholarly Articles

This Article will offer a religious perspective which is a response to the legal arguments in favor of single-gender marriage. Three arguments will be made: first, that the religious perspective identified and associated with the Roman Catholic tradition offers a fundamental basis for family life that has been proven to be beneficial to society as a whole, and to the message of revelation consigned to Christians by Jesus Christ; second, inasmuch as the religious perspective is being contradicted by judicial interpretation rather than through legislative process, a tyranny of judicial activism has and is subverting a public policy consensus; and …


Death's Casuistry, Robert W. Tuttle Jan 1998

Death's Casuistry, Robert W. Tuttle

Marquette Law Review

No abstract provided.


Smu Research, Volume 5, Office Of Public Affairs Jan 1998

Smu Research, Volume 5, Office Of Public Affairs

SMU Research Magazine

No abstract provided.


Public Reason, Abortion, And Cloning, John Finnis Jan 1998

Public Reason, Abortion, And Cloning, John Finnis

Valparaiso University Law Review

No abstract provided.


Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven Jan 1998

Origins And Scope Of The American Moral Obligation Principle , Kevin M. Teeven

Cleveland State Law Review

The existence of the moral obligation principle in American case law has been recognized in the Restatement (Second) of Contracts section 86 (1): "A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice." Among common law countries, American jurisdictions are unique in recognizing this ameliorating doctrine. An analysis of the development and scope of this doctrine is buried in the centuries of case law surrounding the tension between the past consideration rule and the moral obligation principle. The intent of this study is to glean …


The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger Jan 1998

The Justice Who Wouldn't Be Lutheran: Toward Borrowing The Wisdom Of Faith Traditions, Marie A. Failinger

Cleveland State Law Review

Only a few legal scholars have attempted to work out what jurisprudence might look like if lawmakers and judges took their religious world-views seriously-and explicitly-in their work, in a way respectful of "the fact of pluralism." My task is to imagine the concrete case: what a judge's jurisprudence might look like if a judge considered the wisdom of his own religious tradition in constitutional cases. This article explores broad jurisprudential themes and specific First Amendment and social welfare opinions of Justice William Rehnquist, who for some years has been a member of a Lutheran congregation, my own denomination. While Justice …


Religious Symbols And Religious Garb In The Courtroom: A Catholic Lawyer And The Church's Social Teaching, F. Giba-Matthews Jan 1998

Religious Symbols And Religious Garb In The Courtroom: A Catholic Lawyer And The Church's Social Teaching, F. Giba-Matthews

Fordham Law Review

No abstract provided.


Comparative Analysis Of Contemporary Constitutional Procedure, Min Zhou Jan 1998

Comparative Analysis Of Contemporary Constitutional Procedure, Min Zhou

Case Western Reserve Journal of International Law

No abstract provided.


Bibliography: Selected Bibliography: Religion And Lawyering Jan 1998

Bibliography: Selected Bibliography: Religion And Lawyering

Fordham Law Review

No abstract provided.


Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey Jan 1998

Catholic Judges In Capital Cases, Amy Coney Barrett, John H. Garvey

Journal Articles

The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a …


Grounded In Love: An Investigation Of The Fundamental Ignatian Teaching On Discernment Within The Tradition Of Askesis, Edward Horski Jan 1998

Grounded In Love: An Investigation Of The Fundamental Ignatian Teaching On Discernment Within The Tradition Of Askesis, Edward Horski

School of Theology and Seminary Graduate Papers/Theses

No abstract provided.