Natural Law Commons^™

Refugee Resettlement In The U.S.: The Hidden Realities Of The U.S. Refugee Integration Process, Bienvenue Konsimbo

Master of Science in Conflict Management Final Projects

From the 1946 to the 1980 Act, more than two million refugees have resettled in the U.S. (Eby, Iverson, Smyers, & Kekic, 2011p.). This has made the U.S. the largest of the 10 resettlement countries (Xu, 2007, p. 38). The U.S. department of state (DOS)’ hope is to give “the refugee a leg up on their journey to self-sufficiency” (Darrow, 2015, p. 92). For these millions of refugees, their expectations are to find “employment, education, to provide a better environment for their children, and to integrate into the community” (Xu, 2007p.38).

However, this pre-package deal is not without repercussions or …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy

Cardozo Law Review

Two decisions written by Justice Scalia near the end of his life, Lexmark International Inc. v. Static Control Components, Inc., 572 U.S. 479 (2014), and Thompson v. North American Stainless, LP, 562 U.S. 170 (2011), reshaped the law of statutory standing and provide important insights into the claims and limits of textualism. These decisions have reshaped the law of statutory standing in three ways. They have changed the legal terminology; expanded the range of cases to which the zone-of-interests test applies; and changed the application of the zone-of-interests test when it applies to determine statutory standing. This Article discusses these …

A Common Enterprise: Law And The Connection Between Civil And Heavenly Realms In The Writings Of John Calvin, Kenneth L. Townsend

Concordia Law Review

The common ends that once united spiritual and civil realms have been privatized as those ends have come to be seen as controversial and plural, rather than unifying and common. Acknowledging the diversity of ends resulted in increased attention to uniform rules. Since there was no longer agreement about what teloi mattered for society, law gradually lost its aspirational features and became simply a way to limit and punish uncivil and criminal behavior.

The formal separation, but ultimate unity, of civil and heavenly spheres, of norm with vision, articulated by Calvin, allowed him to be both idealistic and realistic about …

Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

American Indian Law Journal

No abstract provided.

Proxy Voting Reform: What Is On The Agenda, What Is Not On The Agenda, And Why It Matters For Asset Owners., Cynthia A. Williams

Articles by Maurer Faculty

Investor proxy voting practices have entered the public spotlight again in 2018 as Congress and the Securities and Exchange Commission ("SEC") consider changes to the rules which govern proxy voting and regulation of proxy advisors. The focus has largely been on companies 'frustration with an asserted out-sized influence of proxy advisory firms and the corporate community's long standing pushback to shareholder proposals, especially those dealing with environmental, social, and governance ("ESG') issues. However, an accurate recognition of the longstanding principles which underlie institutional investors 'fiduciary duties and provide the legal context for the exercise ofproxy voting rights has been largely …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Natural Resource And Natural Law Part I: Prior Appropriation, Robert W. Adler

William & Mary Law Review

In recent years, there has been a resurgence of civil disobedience over public land policy in the West, sometimes characterized by armed confrontations between ranchers and federal officials. This trend reflects renewed assertions that applicable positive law violates the natural rights (sometimes of purportedly divine origin) of ranchers and other land users, particularly under the prior appropriation doctrine and grounded in Lockean theories of property. At the same time, Native Americans and environmental activists have also relied on civil disobedience to assert natural rights to a healthy environment based on public trust, fundamental human rights, and other principles. This Article …

Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez

Intercultural Human Rights Law Review

In what follows, I first introduce what I take to be the two foundational insights of Policy-Oriented Jurisprudence, to wit: that law is a means that should be defined and studied from the perspective of the political superior or sovereign as inherently a type of decision made in social context that is ideally someone's creative and rational choice. Second, I introduce New Haven's distinction between theories of law and theories about law as framing its assessment of alternative legal theories, including Natural Law. Third, I explore Lasswell's and McDougal's attitude toward Natural Law, as well as the sources from which …

Life, Liberty, And A Stable Climate: The Potential Of The State-Created Danger Doctrine In Climate Change Litigation, Andrew Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Introduction: What You Don't Know Does Protect You, Rebecca Roose

Natural Resources Journal

No abstract provided.

Introduction: Property In Ecology, Jonathan H. Adler

Natural Resources Journal

No abstract provided.

Teaching Jurisprudence In A Catholic Law School, Jeffrey A. Pojanowski

Journal Articles

This essay is a contribution to a symposium on John Breen and Lee Strang's forthcoming book, A Light Unseen: A History of Catholic Legal Education in the United States. Breen and Strang's book offers not just a history, but a program for the future of Catholic legal education. Their program places the teaching of jurisprudence and the natural law tradition at the center of Catholic legal education. This essay draws on lessons from teaching jurisprudence at Notre Dame Law School which, in delightfully countercultural fashion, is one of the few remaining law schools in the nation that require jurisprudence. It …

Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez-Rivera

Faculty Articles

Friendships can be uneasy without ceasing to be friendships. Because the "pie" of law and morality's relationship can be sliced in many ways and to different yields, in what follows, I consider the simultaneously unexplored, uneasy, and yet promising relationship between the Natural Law tradition and Policy-Oriented Jurisprudence (or "New Haven"), hoping that doing so will partially illuminate aspects of the relationship between morality and the law more generally. My aim is to describe what and how New Haven School founders Myres McDougal and Harold Lasswell thought about Natural Law. As it will become clearer below, despite their critical appraisal …