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2003

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Full-Text Articles in Law

Political Correctness Today, Joseph Ellin Nov 2003

Political Correctness Today, Joseph Ellin

Center for the Study of Ethics in Society Papers

Paper presented to the Center of the Study of Ethics in Society Western Michigan University, November 14th, 2003.


Clark Memorandum: Fall 2003, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 2003

Clark Memorandum: Fall 2003, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


From Just War To Just Intervention, Susan J. Atwood Sep 2003

From Just War To Just Intervention, Susan J. Atwood

New England Journal of Public Policy

What is Just War? What is Just Intervention? This paper examines the evolution of the criteria for Just War from its origins in the early Christian church to the twenty-first century. The end of the Cold War era has expanded the discussion to include grounds for intervention. Indeed, in the 1990s, a number of multilateral interventions took place on humanitarian grounds. But the debate is ongoing about whether the criteria applied in the Just War theory — proper authority, just cause, and right intent — remain valid in an era of Just Intervention. The author examines as case studies some …


Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner Sep 2003

Viewing The Criminal Sanction Through Latter-Day Saint Thought, Martin R. Gardner

BYU Law Review

No abstract provided.


Reservations About Retribution In Secular Society, Steven F. Huefner Sep 2003

Reservations About Retribution In Secular Society, Steven F. Huefner

BYU Law Review

No abstract provided.


Contract Law And Christian Conscience, Val D. Ricks Sep 2003

Contract Law And Christian Conscience, Val D. Ricks

BYU Law Review

No abstract provided.


The "Embarrassing" Section 134, Frederick Mark Gedicks Sep 2003

The "Embarrassing" Section 134, Frederick Mark Gedicks

BYU Law Review

No abstract provided.


James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith Sep 2003

James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith

BYU Law Review

No abstract provided.


The Promise And Perils Of Conscience, Steven D. Smith Sep 2003

The Promise And Perils Of Conscience, Steven D. Smith

BYU Law Review

No abstract provided.


Legal Scholarship And Membership In The Church Of Jesus Christ Of Latter-Day Saints: Have They Buried Both An Honest Man And A Law Professor In The Same Grave?, Michael K. Young Sep 2003

Legal Scholarship And Membership In The Church Of Jesus Christ Of Latter-Day Saints: Have They Buried Both An Honest Man And A Law Professor In The Same Grave?, Michael K. Young

BYU Law Review

No abstract provided.


Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen Sep 2003

Not For The Sake Of Punishment Alone: Comments On Viewing The Criminal Sanction Through Latter-Day Saint Thought, Marguerite A. Driessen

BYU Law Review

No abstract provided.


The Ethics Of Apology And The Role Of An Ombuds From The Perspective Of A Lawyer, Sharan Lee Levine, Paula A. Aylward May 2003

The Ethics Of Apology And The Role Of An Ombuds From The Perspective Of A Lawyer, Sharan Lee Levine, Paula A. Aylward

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University, March 20, 2003.


Islam And The Global Society: A Religious Approach To Modernity, Charles Mcdaniel May 2003

Islam And The Global Society: A Religious Approach To Modernity, Charles Mcdaniel

BYU Law Review

No abstract provided.


Legal Witnessing In The Dead Sea Scrolls: Maintaining Purity And Holiness, Jeremy S. Penner Apr 2003

Legal Witnessing In The Dead Sea Scrolls: Maintaining Purity And Holiness, Jeremy S. Penner

Seton Hall University Dissertations and Theses (ETDs)

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Invisible Foundations: Science, Democracy, And Faith Among The Pragmatists, Patrick J. Deneen Mar 2003

Invisible Foundations: Science, Democracy, And Faith Among The Pragmatists, Patrick J. Deneen

Pragmatism, Law and Governmentality

Today science is almost universally regarded as an ally of democracy. Religion - once viewed by Tocqueville as the great support of democratic mores, in contrast to the materialism of then-contemporary atheists who threatened to undermine democratic commitments - is now viewed by many as antithetical to the openness and provisionality that marks both science and democracy. As framed by the neo-pragmatist Richard Rorty, religion is a "conversation-stopper," the very definition of anti-democratic, anti-scientific anti-pragmatism.

Whereas a pragmatic form of faith, notably "democratic faith," secures belief in an ever improving future, the "politics of skepticism" is reinforced by the initial …


Speech: Nelson Mandela's Legacy For Religious Freedom And Future, Desmond Tutu Mar 2003

Speech: Nelson Mandela's Legacy For Religious Freedom And Future, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Archbishop Tutu's handwritten speech on Nelson Mandela's legacy and religious freedom.


Speech: You Can Make A Difference - Marquette University, Desmond Tutu Feb 2003

Speech: You Can Make A Difference - Marquette University, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech given by Archbishop Tutu at Marquette University. ( 9 typewritten pages with handwritten notes throughout paper and on the back of page nine.)


Class Lecture: The Truth And Reconciliation Commission (Trc), Desmond Tutu Jan 2003

Class Lecture: The Truth And Reconciliation Commission (Trc), Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A class lecture given by Archbishop Tutu at the University of North Florida on January 30, 2003.


Avoiding Moral Bankruptcy, David A. Skeel Jr. Jan 2003

Avoiding Moral Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

Faced with hundreds of clergy sexual misconduct cases last year, the Archdiocese of Boston hinted that it was considering filing for bankruptcy. Although it is hard to imagine an archdiocese or church filing for bankruptcy, bankruptcy has become an important forum for many social issues that cannot be easily resolved elsewhere. This Article explores the implications of a religious organization bankruptcy filing by focusing on four problems with the bankruptcy alternative: the possibility of dismissal for being filed in bad faith; the question of what church assets are subject to the process; the fact that the church might be subject …


Speech: At The Crossroads - You Can Make A Difference (Version 2), Desmond Tutu Jan 2003

Speech: At The Crossroads - You Can Make A Difference (Version 2), Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech given by Archbishop Tutu for the 5th Avenue Presbyterian Church Capital Grand Campaign. (5 typewritten pages)


Brief Notes, Desmond Tutu Jan 2003

Brief Notes, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Handwritten notes on Plaza Hotel stationary. Stationary is printed with " Emeritus Desmond Tutu IN RESIDENCE".


Speech: No Future Without Forgiveness, Desmond Tutu Jan 2003

Speech: No Future Without Forgiveness, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A sermon given by Archbishop Tutu at St. John’s Cathedral of Jacksonville.


Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny Jan 2003

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny

Journal Articles

A discussion on the contribution of Judge John T. Noonan’s works on moral doctrine to the study of Catholic moral theology. Professor Kaveny argues that Noonan’s writings have aided the development of Catholic moral doctrine by examining its rich living history and tradition. She notes that Noonan views the subject as a social historian who is interested in how Catholics have interpreted moral theology over time, tracing continuities and changes in their positions, and as a lawyer who is interested in learning how they have tried to find a balance between human dignity and the common good. Professor Kaveny addresses …


Speech: No Future Without Forgiveness (Version 2), Desmond Tutu Jan 2003

Speech: No Future Without Forgiveness (Version 2), Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A sermon given by Archbishop Tutu at St. John’s Cathedral of Jacksonville. (8 typewritten pages)


Class Lecture: Antecedents To The Trc, Desmond Tutu Jan 2003

Class Lecture: Antecedents To The Trc, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A class lecture given by Archbishop Tutu at the University of North Florida.


No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick Jan 2003

No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Critical Praxis, Spirit Healing And Community Activism: Preserving A Subversive Dialogue On Reparations, Christian Sundquist Jan 2003

Critical Praxis, Spirit Healing And Community Activism: Preserving A Subversive Dialogue On Reparations, Christian Sundquist

Articles

African-American reparations have the potential to deconstruct racial privilege, promote racial reconciliation, and heal the psychic injuries of the African-American community. However, many models of reparations have given up on the promise of reparations in exchange for the slim possibility of short-term progress.

A subversive dialogue on African-American reparations, however, will inevitably critique equal opportunity, individualism, and white innocence and privilege. Embraced by the majority, and internalized by the African-American community, the principles of individualism, equal opportunity, and meritocracy reinforce white innocence and privilege to the extent that future, current and past inequality are cast as the natural and inevitable …


Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner Jan 2003

Addressing Fundamentalism By Legal And Spiritual Means, Dan Wessner

Human Rights & Human Welfare

A review of:

Religion and Humane Global Governance by Richard A. Falk. New York: Palgrave, 2001. 191 pp.

Gender and Human Rights in Islam and International Law: Equal before Allah, Unequal before Man? by Shaheen Sardar Ali. The Hague: Kluwer Law International, 2000. 358 pp.

Religious Fundamentalisms and the Human Rights of Women edited by Courtney W. Howland. New York: St. Martin’s Press, 1999. 326 pp.

The Islamic Quest for Democracy, Pluralism, and Human Rights by Ahmad S. Moussalli. Gainesville: University Press of Florida, 2001. 226 pp.


Thinking About Eden: A Tribute To Herbert Morris, George P. Fletcher Jan 2003

Thinking About Eden: A Tribute To Herbert Morris, George P. Fletcher

Faculty Scholarship

This essay is an exercise in interpreting a revered, but neglected, text. I take as my object of study the story of Adam and Eve in Eden. My interest in these passages derives in large part from conversations with my mentor, Herb Morris, who taught me to appreciate the beauties and mysteries of this rich tale. For both us, the problem is explicating the deeper meaning of the story. Perhaps I put more emphasis on the original text than Morris does, but we share a common objective of understanding what the story can teach us about the human condition.

Thus, …


Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny Dec 2002

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.