Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (29)
- Courts (21)
- Judges (21)
- Administrative Law (20)
- Law and Society (18)
-
- Legislation (18)
- Environmental Law (15)
- Religion Law (14)
- Human Rights Law (12)
- Litigation (12)
- Science and Technology Law (12)
- Comparative and Foreign Law (11)
- State and Local Government Law (11)
- Legal History (10)
- Health Law and Policy (9)
- International Law (9)
- Law and Politics (9)
- Supreme Court of the United States (9)
- Civil Law (8)
- Criminal Law (8)
- Evidence (8)
- Other Law (8)
- Natural Resources Law (7)
- Public Law and Legal Theory (7)
- Common Law (6)
- Conflict of Laws (6)
- Energy and Utilities Law (6)
- Legal Remedies (6)
- Keyword
-
- Jurisprudence (54)
- Constitutional Law (15)
- Legal History (8)
- Religion (7)
- Joseph (6)
-
- Vining (6)
- Legislation (5)
- History (4)
- Natural Law (4)
- Natural law (4)
- Comparative and Foreign Law (3)
- Criminal Law and Procedure (3)
- Public Law and Legal Theory (3)
- Social Science (3)
- Arts and Entertainment (2)
- Civil Law (2)
- Commercial Law (2)
- Constitutional law (2)
- Courts (2)
- Criminal Law (2)
- Human Rights Law (2)
- Immigration Law (2)
- International Law (2)
- Judges (2)
- Law and Society (2)
- Legal Education (2)
- Legal realism (2)
- Political science (2)
- Science and Technology (2)
- Women (2)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 115
Full-Text Articles in Jurisprudence
Jurisprudence, Halakhah, And Moral Particularism, Amy J. Sepinwall
Jurisprudence, Halakhah, And Moral Particularism, Amy J. Sepinwall
Villanova Law Review (1956 - )
No abstract provided.
Is Reasonable Doubt Self-Defining?, Lawrence T. White, Michael D. Cicchini
Is Reasonable Doubt Self-Defining?, Lawrence T. White, Michael D. Cicchini
Villanova Law Review (1956 - )
No abstract provided.
"Be True To What You Said On Paper": Penny Pether On The Positivism Of Law And Language, Marianne Constable
"Be True To What You Said On Paper": Penny Pether On The Positivism Of Law And Language, Marianne Constable
Villanova Law Review (1956 - )
No abstract provided.
Strange Fruit: What Happened To The United States Doctrine Of Precedent?, Penelope Pether
Strange Fruit: What Happened To The United States Doctrine Of Precedent?, Penelope Pether
Villanova Law Review (1956 - )
No abstract provided.
Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich
Mos Americanus Or Common Law In Partibus Infidelium, Peter Goodrich
Villanova Law Review (1956 - )
No abstract provided.
People Who Are Not Legal And Who Are Not Alive In The Eyes Of The Law, Richard W. Painter
People Who Are Not Legal And Who Are Not Alive In The Eyes Of The Law, Richard W. Painter
Villanova Law Review (1956 - )
No abstract provided.
The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan
The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan
Working Paper Series
This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan
Resisting The Grand Coalition In Favor Of The Status Quo By Giving Full Scope To The Libertas Ecclesiae, Patrick Mckinley Brennan
Working Paper Series
This paper argues that questions about "religious freedom" must be subordinated to the fundamental principle of the liberty of the Church, libertas Ecclesiae. The First Amendment's agnosticism with respect to the liberty of the Church is not ultimately normative. Catholics and others who merely seek religious "accommodation," as with the HHS mandate, for example, are agents of a status quo that illegitimately has comfortable self-preservation as its highest value. It is Catholic doctrine that "creation was for the sake of the Church," not for the sake of, say, religious freedom. The paper argues that the contingent constitution of …
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan
Working Paper Series
The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Mckinley Brennan
Working Paper Series
This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Working Paper Series
This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle …
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang, Patrick Mckinley Brennan
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang, Patrick Mckinley Brennan
Working Paper Series
This article is an invited response to Professor Lee Strang’s article Originalism and the Aristotelian Tradition: Virtue’s Home in Originalism, 80 Fordham L. Rev. 1997 (2012). Strang defends original public meaning originalism from a virtue theoretic perspective that he traces to the “central Western tradition” and ultimately to Aristotle. I reply that those committed to that tradition do better (1) to reject original pubic meaning originalism, (2) to embrace some version of original intent originalism, and (3) to defend the original intent meaning of the U.S. Constitution only with important reservations and on certain conditions. The original sin of …
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Working Paper Series
This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey
Working Paper Series
Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
Working Paper Series
Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …
International Law As Law, Law As A System Of Rule-Governed Conduct, John Lawrence Hargrove
International Law As Law, Law As A System Of Rule-Governed Conduct, John Lawrence Hargrove
Villanova Law Review (1956 - )
The article discusses international law and systems of rule-governed conduct as of July 2011, focusing on the roles of claimants and recalcitrants in a legal system, as well as the international law mechanisms for developing additional rules within a legal system. The views of philosopher John Locke regarding the law are examined, including his idea of a common judge.
What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether
What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether
Working Paper Series
Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in 'Girls Like You', like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, “real rape” victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including 'Girls Like You', recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …
Persons All The Way Up, Steven D. Smith
Persons All The Way Up, Steven D. Smith
Villanova Law Review (1956 - )
No abstract provided.
The Creation Of Authority In A Sermon By St. Augustine, James Boyd White
The Creation Of Authority In A Sermon By St. Augustine, James Boyd White
Villanova Law Review (1956 - )
No abstract provided.
Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland
Finding A Footing: A Theological Perspective On Law And The Work Of Joseph Vining, John L. Mccausland
Villanova Law Review (1956 - )
No abstract provided.
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Villanova Law Review (1956 - )
No abstract provided.
The Humanity Of Law, H. Jefferson Powell
The Humanity Of Law, H. Jefferson Powell
Villanova Law Review (1956 - )
No abstract provided.
Through Papers To Persons, John T. Noonan Jr.
Through Papers To Persons, John T. Noonan Jr.
Villanova Law Review (1956 - )
No abstract provided.
Symposium Introduction, Various Editors
Symposium Introduction, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Law's Melody, Jack L. Sammons
The Law's Melody, Jack L. Sammons
Villanova Law Review (1956 - )
No abstract provided.
Equality, Conscience, And The Liberty Of The Church: Justifying The Controversiale Per Controversialius, Patrick Mckinley Brennan
Equality, Conscience, And The Liberty Of The Church: Justifying The Controversiale Per Controversialius, Patrick Mckinley Brennan
Working Paper Series
This paper considers the central normative claim of Martha Nussbaum’s Liberty of Conscience: In Defense of America’s Tradition of Religious Equality, viz., that the U.S. Constitution’s religion clauses should be construed to provide equal (and extensive) protection to the vulnerable human faculty called conscience. The paper argues that Nussbaum’s argument from Rawlsian political liberalism that leads to her normative constitutional claim amounts, perversely, to an attempt to justify the controversial by the more controversial. The paper goes on to argue that while equality and conscience are concepts that are reasonably contested, Nussbaum illegitimately gives them priority over the also reasonably …
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Working Paper Series
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
Comparative Constitutional Epics, Penelope J. Pether
Comparative Constitutional Epics, Penelope J. Pether
Working Paper Series
This essay takes up Robert Cover’s account, in “Nomos and Narrative” of Constitutional Epics. Ranging across legal and literary texts including Toni Morrison’s Beloved, David Malouf’s An Imaginary Life, the Canadian Arar Commission Report, and Bringing Them Home, the Report of the Australian Human Rights and Opportunity Commission’s National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, it concludes that what comparative study of Constitutions and their Epics might yield are brutal truths and the judgments of history, but also insights into how we might make of that unpromising material a nomos and a …
Cautionary Tales, Penelope J. Pether
Cautionary Tales, Penelope J. Pether
Working Paper Series
“This is a review essay of Nan Seuffert’s Jurisprudence of National Identity: Kaleidoscopes of Imperialism and Globalisation from Aotearoa New Zealand (Ashgate, 2006), a critical, interdisciplinary study of the construction of national identity of Aotearoa New Zealand, which unearths the raced and gendered constitution of this postcolonial nation state.”
Incompatible Theories: Natural Law And Substantive Due Process, Mattei Ion Radu
Incompatible Theories: Natural Law And Substantive Due Process, Mattei Ion Radu
Villanova Law Review (1956 - )
No abstract provided.