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Articles 61 - 86 of 86
Full-Text Articles in Law
Developments In The Law Of Church-State Relations: The 1987 Term Of The United States Supreme Court, Robert A. Destro
Developments In The Law Of Church-State Relations: The 1987 Term Of The United States Supreme Court, Robert A. Destro
Scholarly Articles
No abstract provided.
Comment On Church And State In Seventeenth And Eighteenth Century America, John H. Garvey
Comment On Church And State In Seventeenth And Eighteenth Century America, John H. Garvey
Scholarly Articles
No abstract provided.
The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner
The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner
Scholarly Articles
In the next several years, the new reproductive technologies will, for better or worse, affect the civil law governing society's most basic relationships and the rights and duties that accompany them. As lawmakers deliberate over the social choices required by technological developments in human reproduction, the soundness of their decisions will depend on their understanding of the good that is at risk, and on their commitment to the law's role in defending it. In view of the fundamental nature of the societal relationships implicated, who will deny that much currently depends on the quality of lawmakers' decisions?
This article draws …
Pedophilia: The Legal Predicament Of Clergy, Raymond C. O'Brien
Pedophilia: The Legal Predicament Of Clergy, Raymond C. O'Brien
Scholarly Articles
This Article identifies the present posture of child abuse and admits that the incidence of child sexual abuse among members of the clergy is documental. Indeed, incidents of child abuse seem to be more common each day throughout all segments of the population. This has affected public trust and the public has responded by revoking such traditional clerical prerogatives as the priest-penitent privilege, developing a theory of abuse in gestation, and demanding better treatment for offenders through therapy.
The precise scope of this Article is to offer recommendations concerning the legal, medical and social predicament of pedophilia regarding issues that …
The Religious Foundations Of Civil Rights Law And The Study Of Law And Religion In An Interdisciplinary Framework, Robert A. Destro
The Religious Foundations Of Civil Rights Law And The Study Of Law And Religion In An Interdisciplinary Framework, Robert A. Destro
Scholarly Articles
No abstract provided.
Reflections On The Symposium: An Ordered Inquiry Into The Relation Of Civil Rights Law And Religion, William J. Wagner
Reflections On The Symposium: An Ordered Inquiry Into The Relation Of Civil Rights Law And Religion, William J. Wagner
Scholarly Articles
No abstract provided.
Rendering Unto Caesar: Legal Responses To Religious Nonconformity In The Armed Forces, Michael F. Noone Jr.
Rendering Unto Caesar: Legal Responses To Religious Nonconformity In The Armed Forces, Michael F. Noone Jr.
Scholarly Articles
The focus of this article is on the role of the legal system in resolving disputes regarding the accommodation of religious beliefs in the armed forces. Generally, these disputes arise when an individual's religious sensibilities make claims upon his conscience that cannot be reconciled with the demands imposed by military discipline. Although the believer may simply refuse to serve, a more difficult problem arises when the military believer does not or cannot claim the status of a conscientious objector, but seeks legal protection for his religiously motivated behavior while remaining in the service. Such a claim of protection may be …
Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro
Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro
Scholarly Articles
The 1985-86 Term of the Supreme Court was characterized by continuing deep divisions within the Court regarding the nature of religious freedom, the role of religion in society, and the constitutional approach which should be adopted for cases raising religious freedom issues. In all, the Court decided five major religious freedom cases with full opinions, granted review in two cases, and denied review in at least thirty-three others. In addition, three other cases decided on the merits which did not specifically involve religious freedom did include discussion of important questions concerning the relationship of law and religion. In the summary …
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Scholarly Articles
One thing that has always bothered me about free exercise jurisprudence is that it rests on values we have seldom tried to state, much less justify. In a way this is not surprising. We have only recently abandoned the assumption, which may never have been true, that Americans share a common understanding of language about God and transcendent values. That understanding made it unnecessary to define for nonspeakers a meaning that even believers have trouble putting into words. But today we are probably not "a religious people whose institutions presuppose a Supreme Being-at least not if "religious" is supposed to …
A Comment On Religious Convictions And Lawmaking, John H. Garvey
A Comment On Religious Convictions And Lawmaking, John H. Garvey
Scholarly Articles
No abstract provided.
Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro
Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro
Scholarly Articles
Taken as a whole, the Roman Catholic Bishops' 1983 pastoral letter on war and peace, "The Challenge of Peace, God's Promise, and Our Response"' has two purposes: first, to assist Catholics in the formation of their consciences; and, second, to contribute to the ongoing public policy debate concerning the morality of war in general, and of nuclear war in particular. This article will address the stated purposes of and the suggestions made in the pastoral letter from the vantage point of American statutory and constitutional law. It will make no attempt to provide definitive legal answers to the many questions …
The Epitaph Of Johannes Teutonicus, Kenneth Pennington
The Epitaph Of Johannes Teutonicus, Kenneth Pennington
Scholarly Articles
No abstract provided.
Johannes Teutonicus And Papal Legates, Kenneth Pennington
Johannes Teutonicus And Papal Legates, Kenneth Pennington
Scholarly Articles
No abstract provided.
The Legal Activities Of The Catholic League, Robert A. Destro
The Legal Activities Of The Catholic League, Robert A. Destro
Scholarly Articles
No abstract provided.
Freedom And Equality In The Religion Clauses, John H. Garvey
Freedom And Equality In The Religion Clauses, John H. Garvey
Scholarly Articles
The Supreme Court has been extremely puzzled about how to treat the distribution of public benefits when the pattern of distribution may cause individuals to alter their preferences in making constitutionally protected choices. When dealing with the freedom to choose an abortion, for example, the Court held that the Hyde Amendment was constitutional because the government did not interfere with freedom when all it did was offer money to make the option it preferred (childbirth) more attractive. In free speech cases, the Court has said that when the government opens up public property or offers financial incentives to speakers it …
Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington
Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington
Scholarly Articles
No abstract provided.
Cum Causam Que: A Decretal Of Innocent Iii, Kenneth Pennington
Cum Causam Que: A Decretal Of Innocent Iii, Kenneth Pennington
Scholarly Articles
No abstract provided.
Pluralism And The Canonists In The Thirteenth Century, Kenneth Pennington
Pluralism And The Canonists In The Thirteenth Century, Kenneth Pennington
Scholarly Articles
No abstract provided.
The French Recension Of Compilatio Tertia, Kenneth Pennington
The French Recension Of Compilatio Tertia, Kenneth Pennington
Scholarly Articles
No abstract provided.
The Rite For Taking The Cross In The Twelfth Century, Kenneth Pennington
The Rite For Taking The Cross In The Twelfth Century, Kenneth Pennington
Scholarly Articles
No abstract provided.
The Manuscripts Of Johannes Teutonicus' Apparatus To Compilatio Tertia: Some Considerations On The Stemma, Kenneth Pennington
The Manuscripts Of Johannes Teutonicus' Apparatus To Compilatio Tertia: Some Considerations On The Stemma, Kenneth Pennington
Scholarly Articles
No abstract provided.
The Legal Education Of Pope Innocent Iii, Kenneth Pennington
The Legal Education Of Pope Innocent Iii, Kenneth Pennington
Scholarly Articles
No abstract provided.
Summae On Raymond De Pennafort's Summa De Casibus In The Bayerische Staatsbibliothek, Munich, Kenneth Pennington
Summae On Raymond De Pennafort's Summa De Casibus In The Bayerische Staatsbibliothek, Munich, Kenneth Pennington
Scholarly Articles
No abstract provided.
A ‘Consilium’ Of Johannes Teutonicus, Kenneth Pennington
A ‘Consilium’ Of Johannes Teutonicus, Kenneth Pennington
Scholarly Articles
No abstract provided.
Bartolomé De Las Casas And The Tradition Of Medieval Law, Kenneth Pennington
Bartolomé De Las Casas And The Tradition Of Medieval Law, Kenneth Pennington
Scholarly Articles
No abstract provided.
The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin
The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin
Scholarly Articles
No abstract provided.