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Articles 1 - 30 of 33
Full-Text Articles in Law
Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert Rodes
Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert Rodes
Robert Rodes
No abstract provided.
The Passing Of Nonsectarianism--Some Reflections On The School Prayer Case, Robert E. Rodes
The Passing Of Nonsectarianism--Some Reflections On The School Prayer Case, Robert E. Rodes
Robert Rodes
Engel v. Vitale was a landmark case which marked a jurisprudential shift in the constitutional meaning of the Establishment Clause. This paper, written in the aftermath of this important case, reflects on, and contrasts, England's historical establishment of the Church with historical nonsectarianism in the United States. After analyzing the role which the tripartite Protestant-Catholic-Jew nonsectariansm played in society before Engle, the paper suggests that nonsectarianism served the beneficial purpose of directing the whole institutional structure of society toward the last end of human beings. With the passing of nonsectarianism, the nation is left with the problem of accurately and …
Lawyers And Liberations, Robert E. Rodes
Foreword, Charles E. Rice, Robert E. Rodes
An Act To Restrict The Use Of Erotic Material For Commercial Purposes, Robert E. Rodes
An Act To Restrict The Use Of Erotic Material For Commercial Purposes, Robert E. Rodes
Robert Rodes
No abstract provided.
What O'Clock I Say: Juridical Epistemics And The Magisterium Of The Church, Robert Rodes
What O'Clock I Say: Juridical Epistemics And The Magisterium Of The Church, Robert Rodes
Robert Rodes
Legal pronouncements to the effect that such and such is the case can be divided into three categories, which the paper calls normative, constitutive, and epistemic. The paper defines these three legal categories, explores examples of each of in the law of the state, and then examines church pronouncements under the same categories to see what light the analogy of secular law can shed on them. The Church's assertions of authority regarding faith and morals are epistemic in nature. Epistemic pronouncements by authority, whether in Church or state, are binding on anyone who is not better informed than the author, …
The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes
The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes
Robert Rodes
In the long history of Christendom, an Erastian view of the relation between Church and State has existed in tension with a High Church view. This paper explores the current state of our current shopworn Erastian-like church-state nexus and considers what forces may bring a more relevant and effective institutional High Church witness into being. The fact that the United States has an Erastian-like church-state relation is borne out in a line of cases involving the judicial resolution of intra-church disputes and the effect to be given the mandates of ecclesiastical authority. It is also borne out in legislative and …
A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes
A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes
Robert Rodes
No abstract provided.
Secular Cases In The Church Courts: A Historical Survey, Robert Rodes
Secular Cases In The Church Courts: A Historical Survey, Robert Rodes
Robert Rodes
No abstract provided.
A Supplementary State Civil Rights Act, Robert E. Rodes
A Supplementary State Civil Rights Act, Robert E. Rodes
Robert Rodes
Under the following statute, civil rights groups, with the approval of the state civil rights commission, may enter into agreements with employers, labor organizations, school authorities, or other public or private agencies, for a direct attack on de facto segregation through a deliberate mixing of races in a desired proportion. Professor Rodes characterizes his draft as "a suggestion for controlled concessions to the principle of direct mixing of the races" in such a manner as to be "philosophically consistent with an ultimate commitment to a society in which racial considerations play no part."
Workmen's Compensation For Maritime Employees: Obscurity In The Twilight Zone, Robert E. Rodes
Workmen's Compensation For Maritime Employees: Obscurity In The Twilight Zone, Robert E. Rodes
Robert Rodes
No abstract provided.
Pilgrim Law, Robert E. Rodes
Professionalism And Community: A Response To Terrell And Wildman, Robert Rodes
Professionalism And Community: A Response To Terrell And Wildman, Robert Rodes
Robert Rodes
No abstract provided.
One Of A Kind - Professor Emeritus Charles E. Rice, Robert E. Rodes
One Of A Kind - Professor Emeritus Charles E. Rice, Robert E. Rodes
Robert Rodes
No abstract provided.
Insurance (Annual Survey Of The Law Of New Jersey, 1954-55), Robert Rodes
Insurance (Annual Survey Of The Law Of New Jersey, 1954-55), Robert Rodes
Robert Rodes
No abstract provided.
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Robert Rodes
The law profession is unique in the scope of the mandate it gives those within it to intervene in other people's affairs. As a result of this unique power of intervention, lawyers encounter a number of unique problems. This paper elucidates upon, and applies, the moral standards and intuitions to be used in approaching these problems. It argues that we should form our consciences in dialogue with our clients and that once they are formed we must follow them and limit our representation accordingly. If lawyer and client cannot agree on an agenda with which both are comfortable, the lawyer …
On Law And Chastity, Robert E. Rodes
Natural Law And The Marriage Of Christians, Robert E. Rodes
Natural Law And The Marriage Of Christians, Robert E. Rodes
Robert Rodes
No abstract provided.
Government Lawyers, Robert E. Rodes
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
Robert Rodes
No abstract provided.
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes
Robert Rodes
No abstract provided.
Greatness Thrust Upon Them: Class Biases In American Law, Robert E. Rodes
Greatness Thrust Upon Them: Class Biases In American Law, Robert E. Rodes
Robert Rodes
A common view of our present society is that it is largely egalitarian and classless. This paper proposes that this conception of an egalitarian and classless society belies reality. It argues that there is a dominant class of leaders in government, labor, and business who are characterized by their organizational skills and their technical expertise, and who have more in common with one another that they have with the respective constituencies in whose name they exercise power. It further argues that this class, in effect, is able to wield power to control the structure of society and the legal system …
On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes
On Professors And Poor People - A Jurisprudential Memoir, Robert E. Rodes
Robert Rodes
This article describes the origin and sources of the author's jurisprudential doctrine, and his adoption of liberation theology as a way of reconciling Sociological Jurisprudence with the philosophy of history. It argues that the pursuit of justice is eschatologically validated even though its historical fruition is problematical. It goes on to discuss the working out in legal practice of the liberationists' call for a preferential option for the poor.
Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes
Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes
Robert Rodes
England's historical and current synthesis of Church and State differs greatly from other European and American experiences. It contrasts sharply with the path taken by most states, which chose to cope with religious pluralism by privatizing religion and by trying to base public life on secular views of human nature. This paper reviews the unique inception, and continuance, of the church-state throughout English history. It also reviews the unique manner in which England chose to deal with religious pluralism while maintaining its established church. After reviewing the English experience of establishment of religion, this paper concludes that the total wall …
Workmen's Compensation (Survey Of The Law Of New Jersey, 1955-56), Robert Rodes
Workmen's Compensation (Survey Of The Law Of New Jersey, 1955-56), Robert Rodes
Robert Rodes
No abstract provided.
Religion And Procedure, Robert E. Rodes
Religion And Procedure, Robert E. Rodes
Robert Rodes
God has no use for procedural rules since He knows the full truth and is able to exercise absolute justice simultaneously alongside complete mercy. This paper discusses the religious significance of legal rules of procedure in light of this truth. It finds that since we, unlike God, are inherently fallible, we are forced to implement procedures in the legal pursuit of our goals of truth, justice, and mercy. These procedures remain imperfect in implementing these goals, as compromises must often be made between competing values such as mercy on one hand and justice on the other. Nevertheless, though legal procedure …
On Clandestine Warfare, Robert E. Rodes
On Clandestine Warfare, Robert E. Rodes
Robert Rodes
Common moral judgments on many types of clandestine warfare, referred to by some as terrorism, seem to be more nuanced and less severe than our current legal judgments. This paper begins by offering a detailed typology of clandestine operations and measures to combat them, a few general reflections on the laws of war, and a critique of those laws as they now stand. It then proposes a substantial revision of the laws which govern clandestine warfare based on four basic principles of the laws and the morality of just war: the independence of jus in bello from the jus ad …
On Lawyers And Moral Discernment, Robert E. Rodes
On Lawyers And Moral Discernment, Robert E. Rodes
Robert Rodes
Drawing on Jacques Maritain's doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply.
Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.
Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.
Robert Rodes
No abstract provided.
Social Justice And Liberation, Robert E. Rodes
Social Justice And Liberation, Robert E. Rodes
Robert Rodes
Justice is the virtue we practice by giving people what is due them. Therefore, there is a problem of assignability when we consider an unjust social order: What is due from an individual beneficiary of that order to an individual victim? That question is answered by the concept of social justice: What all of us individually owe to each individual victim of the institutions now in place is our best efforts to reform those institutions. The first half of this paper analyzes the traditional arguments for and the conservative arguments against social justice as the answer to this problem of …