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Articles 1 - 21 of 21

Full-Text Articles in Law

Searching For A Solution: How To Punish, Restrain And Treat Sex Offenders, Nora V. Demleitner Oct 1997

Searching For A Solution: How To Punish, Restrain And Treat Sex Offenders, Nora V. Demleitner

Scholarly Articles

Not available.


Crime And Sentencing In Canada: Parallels And Differences, Nora V. Demleitner Apr 1997

Crime And Sentencing In Canada: Parallels And Differences, Nora V. Demleitner

Scholarly Articles

Not available


Politics And The Constitution, Lewis H. Larue Apr 1997

Politics And The Constitution, Lewis H. Larue

Scholarly Articles

Not available.


Valuing Intrauterine Life, Samuel W. Calhoun Jan 1997

Valuing Intrauterine Life, Samuel W. Calhoun

Scholarly Articles

No abstract provided.


A Mythical State's Attitude Toward The Role Of The United Nations Maintaining And Restoring Peace, Frederic L. Kirgis Jan 1997

A Mythical State's Attitude Toward The Role Of The United Nations Maintaining And Restoring Peace, Frederic L. Kirgis

Scholarly Articles

No abstract provided.


You Are The Man, Andrew W. Mcthenia Jr. Jan 1997

You Are The Man, Andrew W. Mcthenia Jr.

Scholarly Articles

No abstract provided.


The Fallacy Of Social "Citizenship" Or The Threat Of Exclusion, Nora V. Demleitner Jan 1997

The Fallacy Of Social "Citizenship" Or The Threat Of Exclusion, Nora V. Demleitner

Scholarly Articles

None available.


Whom Do You Trust?: Judicial Independence, The Power Of The Purse And The Line-Item Veto, Robert A. Destro Jan 1997

Whom Do You Trust?: Judicial Independence, The Power Of The Purse And The Line-Item Veto, Robert A. Destro

Scholarly Articles

No abstract provided.


Religious Freedom In The Courts: The 1996–1997 Term Of The United States Supreme Court, Robert A. Destro Jan 1997

Religious Freedom In The Courts: The 1996–1997 Term Of The United States Supreme Court, Robert A. Destro

Scholarly Articles

No abstract provided.


Testing The Grades: Evaluating Grading Models In Clinical Legal Education, Stacy Brustin, David Chavkin Jan 1997

Testing The Grades: Evaluating Grading Models In Clinical Legal Education, Stacy Brustin, David Chavkin

Scholarly Articles

This article describes the structure and findings of the Catholic University grading experiment. It reviews the advantages and disadvantages traditionally ascribed to graded courses and analyzes the available research on this subject. The article concludes with the recommendations proposed by the clinical faculty. These recommendations are designed to maximize the advantages and minimize the disadvantages of a graded system of evaluation.


What’S Next After Separationism?, John H. Garvey Jan 1997

What’S Next After Separationism?, John H. Garvey

Scholarly Articles

Professor Carl Esbeck argues in his article' that the traditional theory of separationism is giving way to a theory of equality (or more accurately, protection for religious choice). The argument is very astute, and I agree with much of it. I will give my own perspective on the same two points.


Of Painters, Sculptors, Quill Pens And Microscopes: Teaching Legal Writers In The Electronic Age, Lucia A. Silecchia Jan 1997

Of Painters, Sculptors, Quill Pens And Microscopes: Teaching Legal Writers In The Electronic Age, Lucia A. Silecchia

Scholarly Articles

No longer do lawyers write most of their work “by hand.” Instead, most legal writing is now done on word processors. This has the potential to change the way lawyers write in a fundamental way. Because word processors make it easier to write more than was possible “by hand” modern legal writers are more akin to sculptors than painters. Such writers must create finely-tuned written products from the large quantities of material that can now be inputted into a document and then edited and whittled away to create a finished product.

This Article examines how the arrival of the electronic …


To Judge Between Nations: Post Cold War Transformations In National Security And Separations Of Powers - Beating Nuclear Swords Into Plowshares In An Imperfectly Competitive World, Antonio F. Perez Jan 1997

To Judge Between Nations: Post Cold War Transformations In National Security And Separations Of Powers - Beating Nuclear Swords Into Plowshares In An Imperfectly Competitive World, Antonio F. Perez

Scholarly Articles

No abstract provided.


The Passive Virtues And The World Court: Pro-Dialogic Abstention By The International Court Of Justice, Antonio F. Perez Jan 1997

The Passive Virtues And The World Court: Pro-Dialogic Abstention By The International Court Of Justice, Antonio F. Perez

Scholarly Articles

Only a few years ago the International Court of Justiceseemed to be edging toward judicial activism. This article argues that in its most recent pronouncements the ICJ has instead employed a variety of techniques for abstention. The ICJ's use of this "arsenal of devices" recalls, however, Alexander Bickel's argument for the exercise of judicial restraint by the U.S. Supreme Court in a way that nonetheless allows the judicial organ to stimulate constitutional politics. In the recent contentious cases and advisory opinions concerning the status of East Timor, exploitation of the natural resources of Nauru, and a trilogy of nuclear testing …


In The Tribunal Of Conscience: Mills V. Wyman Reconsidered, Geoffrey R. Watson Jan 1997

In The Tribunal Of Conscience: Mills V. Wyman Reconsidered, Geoffrey R. Watson

Scholarly Articles

In this Article, Professor Watson explores the historical record surrounding Mills v. Wyman, 20 Mass (3 Pick) 207 (1825), one of the leading American cases on moral obligation in contract law. In Mills, the Massachusetts Supreme Judicial Court refused to enforce a father's promise to compensate a Good Samaritan who had cared for the father's dying son. Professor Watson combs the historical evidence--court records, census reports, genealogical data, probate records, military rolls, and so on-and argues that the Mills court got both the facts and the law wrong. According to Professor Watson, the father did not make the promise in …


The Nondischargeability Of Divorce-Based Debts In Bankruptcy: A Legislative Response To The Hardened Heart, Veryl Victoria Miles Jan 1997

The Nondischargeability Of Divorce-Based Debts In Bankruptcy: A Legislative Response To The Hardened Heart, Veryl Victoria Miles

Scholarly Articles

No abstract provided.


On Doing Justice And Walking Humbly With God: Catholic Social Thought On Law As A Tool For Achieving Justice, Lucia A. Silecchia Jan 1997

On Doing Justice And Walking Humbly With God: Catholic Social Thought On Law As A Tool For Achieving Justice, Lucia A. Silecchia

Scholarly Articles

The text of the 1996 “Mirror of Justice” lecture at the Catholic University of America, this article explores the potential - and the limitations - of law as a tool for achieving justice. Drawing heavily on principles of Catholic social thought, it also considers the various ways in which “justice” may be defined.


Christianity And The Civil Law: Secularity, Privacy, And The Status Of Objective Moral Norms, William J. Wagner Jan 1997

Christianity And The Civil Law: Secularity, Privacy, And The Status Of Objective Moral Norms, William J. Wagner

Scholarly Articles

This article will address three specific questions within a Catholic framework: 1) What is the justification for asserting that objective moral norms apply to the content of the civil law?; 2) Why is not the law's "secular" character a barrier to enactments, based on objective moral norms?; and 3) Why is not the "private" character of reproductive and other activities a barrier to the enactment of legal regulation affecting them?


The Real Reason For Religious Freedom, John H. Garvey Jan 1997

The Real Reason For Religious Freedom, John H. Garvey

Scholarly Articles

No abstract provided.


The Architecture Of The Establishment Clause, John H. Garvey Jan 1997

The Architecture Of The Establishment Clause, John H. Garvey

Scholarly Articles

No abstract provided.


Abortion, Issue Balancing, And The 'Catholic’ Vote, Raymond B. Marcin Jan 1997

Abortion, Issue Balancing, And The 'Catholic’ Vote, Raymond B. Marcin

Scholarly Articles

Opposition to abortion is not an exclusively “Catholic” position. Many other Christians, Jews, Islamics and other religionists also oppose abortion. The perhaps unique thing about Catholics and the abortion issue, however, is that opposition to abortion is the official, formal teaching of the Church to which they belong. How then can the “Catholic” vote in the recent presidential election be explained? President Clinton is unarguably the most consistently pro-abortion president in our nation’s history.