Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Fordham Law School (6)
- Selected Works (6)
- Pepperdine University (3)
- St. Mary's University (2)
- Boston University School of Law (1)
-
- Liberty University (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- The University of Akron (1)
- University of Florida Levin College of Law (1)
- University of Michigan Law School (1)
- University of Nebraska - Lincoln (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- Publication Year
- Publication
-
- Fordham Urban Law Journal (6)
- Pepperdine Law Review (3)
- Akron Law Review (1)
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
-
- Daniel R. Coquillette (1)
- Edward C. Lyons (1)
- Faculty Articles (1)
- Faculty Scholarship (1)
- Helm's School of Government Conference - American Revival: Citizenship & Virtue (1)
- Journal Articles (1)
- Judith A. McMorrow (1)
- Law Faculty Publications (1)
- Library Philosophy and Practice (e-journal) (1)
- Michigan Law Review (1)
- Paulo Ferreira da Cunha (1)
- Randy Lee (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
- Thomas L. Shaffer (1)
- UF Law Faculty Publications (1)
- Publication Type
Articles 1 - 27 of 27
Full-Text Articles in Law
The Ethical Lawyer: Beyond The Rules, Nick Badgerow
The Ethical Lawyer: Beyond The Rules, Nick Badgerow
St. Mary's Journal on Legal Malpractice & Ethics
Does being a lawyer mean more than the mere pursuit of a client’s cause and resulting (hoped for) financial success and professional standing, while avoiding discipline? This article invites a consideration of what it means to be a true “professional” in the practice of law. First, the article explores the definition of the term “professional,” and proceeds to examine the obligations undertaken by lawyers (a) in their oath of admission, and (b) in codes of professional conduct. However, the author posits, should not the true professional aspire to more than the mere compliance with these minimum standards? In answer, the …
How To Decide Religious Liberty Cases: An Analysis Of Balancing Versus Principalism, Marc A. Clauson
How To Decide Religious Liberty Cases: An Analysis Of Balancing Versus Principalism, Marc A. Clauson
Helm's School of Government Conference - American Revival: Citizenship & Virtue
No abstract provided.
"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella
"Agape" And The Life And Work Of Robert F. Cochran, Jr., Angela C. Carmella
Pepperdine Law Review
The life and work of Robert Cochran can be summed up in one word: discipleship. Professor Cochran’s work reflects deeply on Jesus’s words and ministry—His agapic love for all humanity—as they relate to the substance of law and its administration. Professor Cochran’s work establishes two important principles: the need to focus on Jesus’s love as the starting place for analysis and the need to reclaim justice as a central Christian concept. His many volumes help us to understand how it is possible to comprehend lawmaking as an act of agapic love. Further, they provide a roadmap for the Christian’s journey, …
An Appraisal Of Maqāsid Al-ShariʿAh Classic And Recent Literature: Systematic Analysis, Ahmad Syukran Baharuddin Asb, Wan Abdul Fattah Wan Ismail Wafwi, Lukman Abdul Mutalib Lam, Muhammad Hazim Ahmad Mha, Ruqayyah Razak Rr, Nurul Syahirah Saharudin Nss, Muhammad Aiman Abdull Rahim Maar
An Appraisal Of Maqāsid Al-ShariʿAh Classic And Recent Literature: Systematic Analysis, Ahmad Syukran Baharuddin Asb, Wan Abdul Fattah Wan Ismail Wafwi, Lukman Abdul Mutalib Lam, Muhammad Hazim Ahmad Mha, Ruqayyah Razak Rr, Nurul Syahirah Saharudin Nss, Muhammad Aiman Abdull Rahim Maar
Library Philosophy and Practice (e-journal)
Maqāsid al-Shariʿah has been typically defined as the objectives behind the Islamic rulings or the Shariʿah higher intent. This knowledge is very important for the mujtahids and Islamic scholars not only to understand or interpret the Shariʿah legal texts, but also to deduce solutions for contemporary problems faced by Muslims. Maqāsid al-Shariʿah is traditionally divided into three levels of necessity, which are necessities (al-Ḍaruriyyāt), needs (al-Ḥajiyyāt), and luxuries (al-Taḥsiniyyāt). Extensive discussion of maqāsid al-shariʿah in Islamic jurisprudence has led to the classification of five elements of preservation, inter alia, protection of faith or …
Two Directions Toward Ethical Peoplehood, Jonathan R. Cohen
Two Directions Toward Ethical Peoplehood, Jonathan R. Cohen
UF Law Faculty Publications
From the biblical era through the present day, the conception of Israel as a people devoted to ethical ends has been a core Jewish value. But how is such a model to be implemented? This essay suggests two basic ways of thinking about ethical peoplehood, namely, that one can begin with a people and try to transform it into an ethical people ("from tribe to ethics") or that one can begin with ethical norms and through those norms attempt to build a people ("from ethics to tribe"). Part I of this essay begins by sketching these two modalities in Jewish …
State Bar Efforts To Deny Accreditation To Faith-Based Cle Ethics Programs Sponsored By Religiously Affiliated Law Schools, Bill Piatt
Faculty Articles
Religiously affiliated law schools focus on the integration of faith in the formation of future attorneys and leaders. Yet our students are only our students for three years. We can extend our influence and continue to provide a faith-based perspective to them and to other attorneys during the thirty, forty, or more years of their careers by offering continuing legal education (CLE) courses, which bring attorneys and judges together to provide a model for incorporating faith and morality into our professional roles. However, CLE programs must receive accreditation by state authorities if participants are to receive credit for them. Recently, …
Lawyers And Biblical Prophets, Thomas L. Shaffer
Lawyers And Biblical Prophets, Thomas L. Shaffer
Thomas L. Shaffer
This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they …
Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill
Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill
Fordham Urban Law Journal
No abstract provided.
Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr.
Criminal Justice And (A) Catholic Conscience, Leo E. Strine Jr.
All Faculty Scholarship
This article is one person's reflections on how an important influence on his own sense of moral values -- Jesus Christ -- affects his thinking about his own approach to his role as a public official in a secular society, using the vital topic of criminal justice as a focal point. This article draws several important lessons from Christ's teachings about the concept of the other that are relevant to issues of criminal justice. Using Catholicism as a framework, this article addresses, among other things, capital punishment and denying the opportunity for redemption; the problem of racial disparities in the …
Not The City Of God: The Multiplicity Of Wrongs And Rules, Geoffrey C. Hazard Jr.
Not The City Of God: The Multiplicity Of Wrongs And Rules, Geoffrey C. Hazard Jr.
Akron Law Review
The message I seek to transmit is a cautionary observation, perhaps a complaint, about prevailing method of analysis of ethical issues, including the subcategory of ethics that consists of law. The prevailing method is patterned on the experimental technique in scientific analysis. I want to suggest that the method is inadequate for dealing satisfactorily with real world ethical and legal problems, and indeed can distort analysis and often lead to unsound conclusions.
Can Religion Without God Lead To Religious Liberty Without Conflict?, Linda C. Mcclain
Can Religion Without God Lead To Religious Liberty Without Conflict?, Linda C. Mcclain
Faculty Scholarship
This Article engages with Ronald Dworkin’s final book, Religion Without God, which proposes to shrink the size and importance of the fierce “culture wars” in the United States between believers and nonbelievers – theists and atheists – by separating out the “science” and “value” components of religion to show these groups that they share a “fundamental religious impulse.” Religion Without God also calls for framing religious freedom as part of a general right to ethical independence rather than a “troublesome” special right for religious people. This article compares the argumentative strategy of Religion Without God with prior Dworkin works, such …
Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin
Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin
Pepperdine Law Review
This article examines and critiques Rambo lawyering. The practice of law has evolved so that the cornerstone principle of client loyalty, together with the economic incentives inherent in law practice, not only create strong motivations for lawyers to pursue their clients' causes vigorously, but also allow lawyers to easily absolve themselves of any moral obligation for their activities as their clients' representatives. Vigorous advocacy is an indispensible part of the modern judicial system, and it is generally believed that truth and justice will be served as long as there are vigorous advocates on both sides and the profession's code of …
Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine
Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine
Pepperdine Law Review
This Essay is based on introductory remarks Levine delivered at the inaugural conference of the Pepperdine Institute on Law, Religion, and Ethics, "Can the Ordinary Practice of Law be a Religious Calling?," held on February 6-7, 2004 at Pepperdine University School of Law. In thinking about the practice of law as a religious calling, Levine argues that we should first consider the broader issue of the general relevance of religion to various areas of life, including work. From a perspective of Jewish law and ethics, moral conduct comprises an imperative at home and at the workplace no less than at …
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Judith A. McMorrow
As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow
Daniel R. Coquillette
As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …
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
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 …
"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra
"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra
Articles by Maurer Faculty
A variety of scholars and commentators have been recently exploring the connections between religion and current U.S. tax policy. The relationship between religion and American taxation, however, runs much deeper than our present period. Indeed, it is no coincidence that roughly a century ago the foundations of our current tax system were taking shape at the height of the religious and ethical fervor known as the Social Gospel movement. At that time, religious and ethical sentiments played a central, though ambivalent, role in fiscal reform. This Article investigates the influence of religious and ethical values on the tax reform struggles …
Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha
Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The idea of the Republic and its value is again the order of the day, not only due to Neorepublican theorists, but also because of many current debates, such as multiculturalism, the laicity of states and societies, transparency and corruption, etc. Along with Republican constitutional rules, principles and values, some proclaimed during the French Revolution (such as Liberté, Égalité, Fraternité), the debate shows the importance of an even deeper question: the importance of virtues, and the Greek legacy of Republican virtues. In this paper, among other points, we remember Pericles’ funereal speech in Thucydides’ History of Peloponnesian War, and some …
Dorothy Day And Innovative Social Justice: A View From Inside The Box, Randy Lee
Dorothy Day And Innovative Social Justice: A View From Inside The Box, Randy Lee
Randy Lee
No abstract provided.
Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino
Catholic Clergy Sexual Abuse Meets The Civil Law, Thomas P. Doyle, Stephen C. Rubino
Fordham Urban Law Journal
This article examines the sexual abuse scandal that has racked the Roman Catholic Church since 1984, focusing in particular on how the Church's authority structure has responded and how the American civil court system has been used by victims to seek redress. It gives an overview of the Church's legal system, Canon Law, and the way that system and the Church leadership have dealt (or failed to deal) with the problem of sexual abuse. Part II takes a "long look back" to the history of sexual abuse and Canon Law before 1984. Part III details how the Church has dealt …
Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill
Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill
Law Faculty Publications
Religion continues to play a significant role in shaping our attitudes toward nature.2 Time-honored principles of stewardship of the land demand that we owe a duty to future generations to allow them to inherit a healthy environment. Essential to this obligation is spiritual faith, not the trendy brand of secular humanism espoused by ecodogmatists seeking environmental justice through means unmoored from centuries-old principles of creation. What secular humanism ignores-and what religious traditions the world over have recognizedis the reality that we are a "creative expression of the earth's own evolution."3 Thus, in light of our duty to posterity, mere emphasis …
Lawyers And Biblical Prophets, Thomas L. Shaffer
Lawyers And Biblical Prophets, Thomas L. Shaffer
Journal Articles
This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why.
The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity:
Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they …
Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare
Catholic Teaching And The Law Concerning The New Reproductive Technologies, Helen M. Alvare
Fordham Urban Law Journal
This Article sets forth the fundamental teachings from which the Roman Catholic Chruch derives its positions on New Reproductive Technologies (NRTs). It further demonstrates the application of these teachings to some of the specific medical techniques commonly used in the course of NRTs. The Church's legislative recommendations are then summarized.
The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel
The Islamic Viewpoint On New Assisted Reproductive Technologies, Hossam E. Fadel
Fordham Urban Law Journal
This Article gives a brief overview of Islamic views on assisted reproductive technologies (ARTs). Islamic law is applied to ARTs to determine what may be lawful and/or moral and what may be impermissible. The article examines artificial insemination, in vitro fertilization, surrogacy and cloning.
Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen
Protestant Perspectives On The Uses Of The New Reproductive Technologies, Cynthia B. Cohen
Fordham Urban Law Journal
This Article explores the emerging positions that Protestants may have on new reproductive technologies (NRTs). Although there is no central teaching, there are main points of agreement among Protestants and other Christians regarding the morality of using reproductive technology. The author examines Protestant teachings on the meaning of procreation, the good of the resulting children and the integrity of family bonds to show that these technologies are generally morally acceptable, but with certain limitations.
Vocation As Curse, F. Giba-Matthews, Ofm
Vocation As Curse, F. Giba-Matthews, Ofm
Fordham Urban Law Journal
This Essay argues that while legal work as a vocation may have positive effects for society as a whole, as well as overall benefits for the legal profession, vocation could very well hurt the lawyer "called" to take up such a vocation. A vocation is not simply the application of one's religious belieft to the practice of law; rather, it is a "burning fire" in a lawyer's soul which the lawyer "cannot contain." Thus, a lawyer's vocation becomes an overwhelming priority. Part I of this Essay provides an explanation of the biblical underpinnings of vocation through a discussion of the …
Getting The Word, David Luban
Getting The Word, David Luban
Michigan Law Review
A Review of The Word and the Law by Milner S. Ball