Law Commons^™

Environmental Law Outside The Canon, Todd S. Aagaard

Todd S Aagaard

It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate; …

A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes

Robert Rodes

No abstract provided.

The Theological Case For Progressive Taxation As Applied To Diocesan Taxes Or Assessments Under Canon Law In The United States, Matthew J. Barrett

Matthew J. Barrett

Canon 1263 of the 1983 Code of Canon Law allows the diocesan bishop to impose taxes on the parishes in his diocese for diocesan needs. Canon 1263 requires that such taxes be proportionate to [the parishes'] income. To a tax lawyer, the adjective proportionate describes a so-called flat tax, or a system that imposes the same tax rate on every taxpayer's taxable income. Canon law commentators, however, have consistently agreed that canon 1263 also authorizes a progressive tax, which in this context would impose a higher tax rate on parishes with larger incomes. This article argues that Catholic social teachings, …

The Lavender Letter: Applying The Law Of Adultery To Same-Sex Couples And Same-Sex Conduct, Peter Nicolas

Peter Nicolas

In this manuscript, I examine the question whether the law of adultery applies to same-sex extramarital conduct, which has divided courts nationwide. While the case law to date has been sparse—since the issue has only arisen in the context of opposite-sex marriages in which one spouse has an extramarital same-sex relationship—with the growth in the number of states recognizing same-sex marriage, the question is certain to recur with increased frequency.

In the manuscript, I examine the question in four different contexts: criminal adultery prosecutions, fault-based divorce actions, civil tort actions for interference with the marital relationship, and murder cases raising …

"Duo Erunt In Carne Una" And The Medieval Canonists, Laurent Mayali

Laurent Mayali

No abstract provided.

Canonology:Redefining Canon Law From An Eastern Perspective, William J. Chriss

William J Chriss

This article seeks to characterize the dominant schools of thought among the contemporary canon law scholars of the Eastern Church, and to argue for a new nomenclature in study and commentary upon church canons or laws based upon a synthetic understanding of these various Eastern approaches. This nomenclature is designed to convey the notion of an interdisciplinary method of canonical analysis similar to and based upon the various methods already used by Orthodox canonists and theologians. This method includes: a textual study of the canons themselves, a review of interpretations of them, a survey of the historical context in which …

Law And Time In Medieval Jurisprudence, Laurent Mayali

Laurent Mayali

No abstract provided.

Popes, Teachers And Canon Law In The Middle Ages, Laurent Mayali

Laurent Mayali

No abstract provided.

The Two Laws : Studies In Medieval Legal History Dedicated To Stephan Kuttner, Laurent Mayali, Stephanie Tibbetts

Laurent Mayali

No abstract provided.