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Full-Text Articles in Law
Is There A Constitutional Common Good?, R. George Wright
Is There A Constitutional Common Good?, R. George Wright
Journal of Catholic Legal Studies
(Excerpt)
Identifying and pursuing some widely shared idea of the common good seems central to a sustainable constitutional order. This may seem especially true in an era of deep political division. The problem, though, is that such political division may indeed heighten the need for recognizing and promoting a shared constitutional common good, while, at the same time, preventing such an identification and pursuit of any such common good. What is needed is a way to disrupt this vicious circle. This Article is an illustration of the operation of this vicious circle and, more optimistically, a proffering of the means …
Marianist Law Schools: Demonstrating The Courage To Be Catholic, David A. Grenardo
Marianist Law Schools: Demonstrating The Courage To Be Catholic, David A. Grenardo
Journal of Catholic Legal Studies
(Excerpt)
Only two Marianist law schools exist in the United States. Both University of Dayton School of Law (UDSL) and St. Mary’s University School of Law (St. Mary’s Law School) proudly embrace their Catholic and Marianist traditions in promoting their schools. For instance, St. Mary’s Law School, the only Catholic law school in Texas, openly advertises its commitment to welcome and serve “students of all faiths and uphold the Marianist tradition of hospitality, openness and the family spirit.” Similarly, UDSL’s online published materials state unequivocally: “In the Catholic, Marianist spirit, many of our students participate in pro bono activities and …
Inherent Powers And The Limits Of Public Health Fake News, Michael P. Goodyear
Inherent Powers And The Limits Of Public Health Fake News, Michael P. Goodyear
St. John's Law Review
(Excerpt)
In a Vero Beach, Florida, supermarket, Susan Wiles rode her motorized cart through the produce aisle. In any year other than 2020 or 2021, this would have been a routine trip to the grocery store. But in 2020, Mrs. Wiles was missing an accessory that had become ubiquitous in society during that year: a face mask. Despite causing a commotion, Mrs. Wiles stood by her decision, claiming that the concerns about COVID-19 were overblown: “I don’t fall for this. It’s not what they say it is.” Mrs. Wiles’ statement is emblematic of the year 2020. This is not the …
Reckless Abandon: The Shadow Of Model Rule 8.4(G) And A Path Forward, Margaret Tarkington
Reckless Abandon: The Shadow Of Model Rule 8.4(G) And A Path Forward, Margaret Tarkington
St. John's Law Review
(Excerpt)
In August 2016, the American Bar Association’s (“ABA”) Board of Governors approved Model Rule of Professional Conduct (“MRPC”) 8.4(g) as a model for state adoption. The Rule makes it professional misconduct for a lawyer to engage in “harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” Curbing harassment and discrimination is a critically important goal. However, the actual Rule as promulgated reaches far beyond prohibiting sexual harassment and unlawful discrimination. Instead the comments to the Rule define discrimination and harassment broadly to prohibit speech …