Law Commons^™

Causation And Complicity: The Hhs Contraceptive Mandate And Asymmetrical Burdens On Free Exercise, Edward Lyons

Edward C. Lyons

Slaughter Of The Innocents: Justification, Excuse And The Principle Of Double Effect, Edward C. Lyons

Edward C. Lyons

No abstract provided.

The Practical Soul Of Business Ethics: The Corporate Manager's Dilemma And The Social Teaching Of The Catholic Church, Leo L. Clarke, Bruce P. Frohnen, Edward C. Lyons

Edward C. Lyons

This Article focuses on and attempts to dispel an overly narrow view of the moral responsibilities of corporations and their managers. Many businessmen and lawyers, relying on prevailing approaches to business ethics, labor under the misperception that the moral ladder in the business world has only one rung: "Be honest." Americans, however, should, can and do expect more from the managers of our large corporations, and virtually every Fortune 100 company publicly espouses a "social responsibility" far exceeding mere honesty. Further, as is demonstrated, American jurisprudence is consistent with those expectations. This Article's thesis is that Catholic Social Teaching provides …

Brief Amicus Curiae Of The American Catholic Lawyers Association Pleasant Grove City, Utah, V. Summum,129 S.Ct. 1125, Edward C. Lyons

Edward C. Lyons

No abstract provided.

Reason's Freedom And The Dialectic Of Ordered Liberty, Edward Lyons

Edward C. Lyons

The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could …

All The Freedom You Can Want: The Purported Collapse Of The Problem Of Free Will, Edward Lyons

Edward C. Lyons

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a …

The Corporate Common Good: The Right And Obligation Of Managers To Do Good To Others, Edward Lyons

Edward C. Lyons

In this Article we articulate a model of managerial freedom - and even obligation - to engage in philanthropic activity differing in significant respects from that described by Germain Grisez in his influential work of Christian ethics "The Way of the Lord Jesus: Difficult Moral Questions." We argue that Grisez's conception of a corporation as essentially ordered to the economic benefit of its stakeholders unnecessarily restricts a corporate manager's freedom of action. While Grisez denies that bald profit maximization is an appropriate standard for economic activity, it is difficult to avoid the conclusion that he eventually falls back into what …

In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons

Edward C. Lyons

In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as …

Balancing Acts: Intending Good And Foreseeing Harm - The Principle Of Double Effect In The Law Of Negligence, Edward C. Lyons

Edward C. Lyons

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no …

Review, Rich, Ben A., Strange Bedfellows: How Medical Jurisprudence Has Influenced Medical Ethics And Practice, Edward C. Lyons

Edward C. Lyons

No abstract provided.

Developments In Environmental Coverage, Edward Lyons

Edward C. Lyons

No abstract provided.

Oregon V. Smith And The Religious Freedom Restoration Act: An Educational Perspective, Edward C. Lyons

Edward C. Lyons

No abstract provided.

Eeoc V. Board Of Govenors Of State Colleges And Universities: Collective-Bargaining Agreements And Age Discrimination In Employment Act Claims: What Counts As Retaliation Under Adea Section 4(D)?, Edward C. Lyons

Edward C. Lyons

University governing boards and higher-education administrative bodies have a natural interest in avoiding litigation and minimizing administrative costs of alleged-wrongful-termination claims. As a result, universities and colleges often enter into specific collective-bargaining agreements providing for the opportunity to arbitrate such claims. One difficulty with such provisions, however, is that on occasion they may violate constitutional or statutory protections applicable to those claims. By way of illustration, some collective-bargaining agreements may attempt to require that all Title VII claims be submitted for binding arbitration. In Alexander v. Gardner-Denver Co.,1 however, the United States Supreme Court held that collective-bargaining agreements (CBA) requiring …