Law Commons^™

Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter

Senior Honors Theses

Subthreshold negative emotions have superseded conscious reason as the initial and strongest motivators of political behavior. Political neuroscience uses the concepts of negativity bias and terror management theory to explore why fear-driven rhetoric plays such an outsized role in determining human political actions. These mechanisms of human anthropology are explored by competing explanations from biblical and evolutionary scholars who attempt to understand their contribution to human vulnerabilities to fear. When these mechanisms are observed in fear-driven political rhetoric, three common characteristics emerge: exaggerated threat, tribal combat, and religious apocalypse, which provide a new framework for explaining how modern populist leaders …

American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman

Scholarly Works

Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.

A Literary Analysis Of The Origin Of Human Embryonic Stem Cells, Its Advancements, Philosophical, Ethical, Sociocultural, And Political Aspects; An Investigation Of The Underlying Attributes That Affect One’S Views On Hesc Research To Resolve Turkey And Brazil’S Hesc Policy, Religious, And Cultural Conflicts, Haleema Shamsuddin

Honors Scholars Collaborative Projects

Human embryonic stem cells (hESCs) are cells derived from 5-day human embryos and are self-renewing cell lines that change into any type of cell in the body, a trait called pluripotency. hESCs have almost unlimited clinical and medical research potential. Despite the great therapeutic promise of hESC research, it comes with a controversial ethical debate due to its involvement with the destruction of the human embryo. The central argument revolves around the question of whether or not these human embryos should be ascribed equal moral status to fully developed humans. This thesis aims to analyze the origin and advancements of …

The Corporation As Trinity, David A. Skeel Jr.

All Faculty Scholarship

In “Corporate Capitalism and ‘The City of God,’” Adolf Berle references Augustine’s theological classic The City of God in service of his contention that corporate managers have a social responsibility. In this Article, I turn to another work by Augustine, The Trinity, for insights into another feature the corporation, corporate personhood. The Trinity explicates the Christian belief that God is both three and one. I argue that corporations have analogously Trinitarian qualities. Much as theologically orthodox Christians understand God to be both one and three, I argue that corporations are best seen as both a single entity and through …

Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck

Masters Theses

In this thesis I argue Brian Leiter’s vision for a naturalized jurisprudence stands in problematic tension with critical facets of objective morality presupposed by the American legal system. Leiter makes the case for the naturalization of jurisprudence through adherence to his version of a naturalistic epistemology. Though Leiter explicitly rejects moral realism—and embraces elements of legal positivism—he acquiesces to the notion that judges sometimes utilize non-legal, “moral reasons,” when deciding cases. Leiter suggests that any moral “knowledge” that may influence the process of adjudication should be delivered by the hard sciences. I suggest Leiter’s epistemological naturalism is incapable of providing …

Christianity And The International Economic Order, Daniel A. Crane

Book Chapters

The relationship between Christianity and the global economic order is murky. The influence of certain Christian thinkers can be seen in certain aspects of the international economic system, but it would be difficult to sustain the case that the system pervasively reflects a Christian character. There is little ongoing engagement between formal Christian institutions (churches or church groups) and formal political institutions such as the WTO, IMF, or World Bank, because the work of elite global political institutions has become technical, technocratic, and specialized. At a retail level, Christians of course exert influence on the global economy in their capacities …

Divided By The Sermon On The Mount, David A. Skeel Jr.

All Faculty Scholarship

This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice. One side of today’s divide—the religious right—can be traced directly back to the fundamentalist critics of the early …

Christianity And Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

Although the term “bankruptcy” is nowhere to be found in the Bible, debt and the consequences of default are a major theme both in the Hebrew Bible and in the New Testament. In Israel, as in the ancient Near East generally, a debtor who defaulted on his obligations was often sold into slavery or servitude. Biblical law moderated the harshness of this system by prohibiting Israelites from charging interest on loans to one another, thus diminishing the risk of default, and by requiring the release of slaves after seven years of service. Jesus alluded to the lending laws at least …

The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown

Senior Honors Theses

For Christians seeking to enter the field of policing, the question of justice is answered by two separate sources. Conceptions of justice are presented by both the contemporary justice system and the Bible. The history and current state of American policing reveal a sense of justice that is concerned with fighting crime and defending the rights of the vulnerable. There are, however, inherent limitations when operating within a system made by man. Biblical justice goes further by prioritizing restoration and redeemed relationships within its conception of justice. Reconciling these two perspectives equips Christian police officers with a framework with which …

Interview Of Margaret Mcguinness, Ph.D., Margaret Mcguinness Ph.D., Stephen Pierce

All Oral Histories

Dr. Margaret McGuinness was born in 1953, in Providence, Rhode Island. She went to an all-girls Catholic high school called St. Mary’s Academy Bayview in Providence where she graduated in 1971. McGuinness went on to major in American Studies and Civilization as an undergraduate at Boston University graduating with a B.A in 1975. She continued her work at Boston University where McGuinness earned a master’s of theological studies (M.T.S) focusing on Biblical and Historical Studies in 1979. She would move to New York to work on her dissertation at Union Theological Seminary finishing with her Ph.D. in 1985 concentrating on …

Speech: An Authentic Theology, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Archbishop Tutu's writings on black theology. Typed with a few handwritten notes.

Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker

Perkins Faculty Research and Special Events

This MLK Jr-inspired ecotheology [eco-theology] connects “economics,” “ecology,” and “ecological civilization” to the theological ethics of Rev. Dr. Martin Luther King Jr.

Though we often remember King primarily as a domestic civil rights leader; attention to King’s book—Where Do We Go from Here: Chaos or Community? (1967) reveals that he advanced a global ethics. King called for replacing recourse to war with nonviolent resistance to evil, and for abolishing poverty throughout “the world house.” He prescribed that we “civilize ourselves by the total, direct and immediate abolition of poverty.” King was concerned with civilizing “the world house” (house …

Embracing Immigrants Is A Religious Imperative, Christopher R. Fee

English Faculty Publications

I’m an English professor, and in leftist intellectual circles it’s often considered somewhat unsophisticated and definitely uncool to argue in favor of traditional religious beliefs. However, as the clerk of a tiny Quaker Meeting in a farming community in rural Pennsylvania, I feel led to do so in the context of the debate about immigration. I would submit that Scripture is explicit in its requirement that we accept and embrace the immigrants in our midst, and note that Leviticus (19:34) makes no mention of legal status. (excerpt)

Fundamental Differences: How The Legal Lineage Of Obergefell Can Help Us Frame A Response To It, Donald Roth

Faculty Work Comprehensive List

No abstract provided.

God’S Uses Of The Law And The Effort To Establish A Constitutional Right To The Means To Live, Marie A. Failinger, Patrick R. Keifert

Faculty Publications

No abstract provided.

Law And Human Nature, Donald Roth

Faculty Work Comprehensive List

"While the law may assume rationality, it's a fair question whether people are really all that rational."

Posting about the way that human nature is viewed by the law from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/the-law-and-human-nature/

Revisiting Religious Freedom In Dordt V. Burwell, Donald Roth

Faculty Work Comprehensive List

Posting about a recent opinion handed down from the United States Court of Appeals regarding the "contraceptive mandate", part of the Affordable Care Act (ACA), from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/revisiting-religious-freedom-in-dordt-v-burwell/

Summary And Initial Response To The Same-Sex Marriage Ruling, Donald Roth

Faculty Work Comprehensive List

"The primary components of this decision depend on both a narrative of continuity and change."

Posting about the Supreme Court ruling on same-sex marriage ­­­­­­­­from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/a-summary-and-initial-response-to-the-same-sex-marriage-ruling/

The Search For Justice In A War-Filled World: Implementing The Just-War Theory, Hannah Schaefer

Augustana Center for the Study of Ethics Essay Contest

This paper is about addressing conflict using ethical methods. Strategies that are highlighted include nonviolent protests and behaviors before, during, and after engaging in a war with the end goal being justice and peace.

Faith, Works, And Praxis: Emergent Post-Colonialism And The Catholic Church In North America, Alexander Odicino

Student Scholar Symposium Abstracts and Posters

The personal papers of American Jesuit priest, Wilfrid Parsons, evince an international information war concerned with the praxis of "facts" pertaining to Mexico’s Church and state conflicts of 1925 to 1939. While editor-in-chief of the Jesuit weekly magazine, "America", (1925-1936) Parsons transformed the publication into the pre-eminent Catholic source of information about the "Mexican situation", consequently enabling him to coordinate the publication of "facts" with several other New York based Catholic publications. However, rather than speaking to strictly Catholic interests in the Mexican conflict, research has shown that, when analyzed as a focal point of information processing, the sources in …

Do Cameras Make A Difference? The Death Of Eric Garner And Another “No Indictment”, Donald Roth

Faculty Work Comprehensive List

"If body cameras are supposed to help clear up the record, why was there no indictment in a case that seems so clearly abusive, and if a grand jury declined to indict despite the video evidence, what use is adopting cameras?"

Posting about the grand jury decision in New York City following the death of Eric Garner and how Christians should react to it from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/do-cameras-make-a-difference-the-death-of-eric-garner-and-another-no-indictment/

No Indictment: Making Sense Of Monday's Decision In Ferguson, Donald Roth

Faculty Work Comprehensive List

"It was no surprise that this decision stirred strong emotional responses across the board, with many taking the same decision as either full exoneration of Mr. Wilson or proof positive of a racist system incapable of producing justice. So how do we make sense of what has happened?"

Posting about the grand jury decision in Ferguson, Missouri following the death of Michael Brown and how Christians should react to it from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/no-indictment-making-sense-of-mondays-decision-in-ferguson/

Top 10 U.S. Supreme Court Cases From The Last Term, Donald Roth

Faculty Work Comprehensive List

"This list is ranked based on my perceptions of importance, newsworthiness, and the interests of this audience. Every Supreme Court case is significant. I just think these will be the most significant for a reading of in all things to know."

Posting about significant U.S. Supreme Court cases from the last term from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/top-10-u-s-supreme-court-cases-you-should-know-about/

5 U.S. Supreme Court Cases Every Christian Should Be Aware Of, Donald Roth

Faculty Work Comprehensive List

"What United Stated Supreme Court cases should Christians be aware of?"

Posting about the five United States Supreme Court cases of which all Christians should be aware from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/supreme-court-cases-christians-should-know-about/

Criminal Justice As Ministry, Donald Roth

Faculty Work Comprehensive List

"While the Lord stores up final judgment, He also appoints ministers in this world charged with upholding the good and vindicating the victimized."

Posting about the purpose of the U. S. Criminal Justice System from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/criminal-justice-as-ministry/

The Creation Of Authority In A Sermon By Saint Augustine, James Boyd White

Book Chapters

My way of honoring Joe today will not be to describe or extol his achievements directly but to try to show something of what I have learned from him, particularly in the way I approach a new text and problem, in this case the creation of authority in one of Augustine's sermons.

Hauerwasian Christian Legal Theory, David A. Skeel Jr.

All Faculty Scholarship

This Essay, which was written for a Law and Contemporary Problems symposium on Stanley Hauerwas, tries to develop an account of public engagement in Hauerwas’ theology. The Essay distinguishes between two kinds of public engagement, “prophetic” and “participatory.” Christian engagement is prophetic when it criticizes or condemns the state, often by urging the state to honor or alter its true principles. In participatory engagement, by contrast, the church intervenes more directly in the political process, as when it works with lawmakers or mobilizes grass roots action. Prophetic engagement is often one-off; participatory engagement is more sustained. Because they worry intensely …

Political Theory In Institutional Context: The Case Of Patriot Royalism, John Compton, Karen Orren

Political Science Faculty Articles and Research

In the aftermath of the Stamp Act, prominent American thinkers of otherwise unquestioned Whiggish affiliation adopted an expansive view of the king’s prerogative powers while simultaneously denying Parliament’s authority to interfere in the internal governance of the colonies. Scholars have generally attributed this stance, known as “patriot royalism,” to political necessity: with no other means of disputing Parliament’s oppressive actions, desperate pamphleteers sought to revive the discredited constitutional ideas of the Stuarts. In contrast, we argue that this position was deeply rooted in the institutional context of colonial governance. More specifically, we show that revolutionary Americans directly experienced lawmaking by …

Criminal And Civil Law In The Torah: The Mosaic Law In Christian Perspective, David A. Skeel Jr., Tremper Longman

All Faculty Scholarship

When Jesus spoke of fulfilling the law and the prophets, he was referring to the Mosaic law, nearly all of which is in the four books we consider in this Article: Exodus, Leviticus, Numbers and Deuteronomy. In an effort to discern the Mosaic law’s guidance for contemporary secular law, we first place it in covenantal perspective and identify three of its key concerns: God’s nature, as revealed in Scripture; the nature of Israel; and the role of the land. After summarizing the regulation in the four books under consideration and noting a few of its characteristics, we conclude by discussing …