Religion Law Commons^™

Mulieris Dignitatem: Pornography And The Dignity Of The Soul - An Exploration Of Dignity In A Protected Speech Paradigm, Mary Graw Leary

Scholarly Articles

This article, part of a symposium celebrating the 20th anniversary of Mulieris Dignitatem, reflects on Mulieris Dignitatem’s teachings, and how they can inform the issue of pornography. Modern day pornography has increased in both its quantity and severity of content. Mulieris Dignitatem offers a pathway out of this reality with its focus on the concept of dignity. The article reviews John Paul II’s emphasis on the dignity of woman and applies it to the modern day issue of pornography. The article suggests a paradigm shift from examining pornography solely through a speech and expression lens to examining the issue through …

A Non-Fatal Collision: Where Religious Land Uses And Community Interests Meet, Adam J. Macleod

Scholarly Articles

This paper grapples with the question how best to interpret the Religious Land Use and Institutionalized Persons Act, which creates a prophylactic remedy in favor of religious land users burdened by local land use regulations. Where the burden on religious exercise is substantial, RLUIPA subjects the regulation to strict scrutiny review. Several scholars object to RLUIPA on the grounds that it violates principles of federalism and equality between religious and non-religious landowners. Other scholars make the case for an expansive RLUIPA on the ground that the First Amendment privileges religious exercise over other types of land use.

This article first …

Evangelicals And Jews In Common Cause, Marshall J. Breger

Scholarly Articles

Responding to a recent symposium on Rabbi Joseph Soloveitchik's 1964 article on the propriety of Christian-Jewish dialogue, this essay begins by assessing several arguments put forth by Soloveitchik. These include the incommensurability of religious faith, the risks interreligious dialogue presents to the Jewish minority, the dangers of syncretism, and the ability to separate neatly the sacred and the profane. The article then proceeds to discuss the nature of Catholic-Jewish today, and concludes with thoughts about the future of Christian and Jewish interaction.

Introduction, Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John H. Garvey

Scholarly Articles

No abstract provided.

The Preferential Option For The Poor: An Opportunity And A Challenge For Environmental Decision Making, Lucia A. Silecchia

Scholarly Articles

The doctrine of 'the preferential option for the poor' has deep roots in Catholic social thought. It proposes that the needs of the poorest and most vulnerable be given priority when creating and evaluating public policies, actions, and attitudes. More recently, the obligation to care for natural environment in an ethical way has been gaining more attention both in the secular world as well as among Catholic scholars who seek to explore the scope of human responsibility for the created world. This paper explores the intersection of the preferential option for the poor and environmental ethics. After a general discussion …

Catholicism’S Critique Of Civil Society At The Turn Of The Millennium, George E. Garvey

Scholarly Articles

No abstract provided.

Pope John Paul Ii And The Law: Foreword, Elizabeth Kirk

Scholarly Articles

Given John Paul II's significant presence on the world stage, it is appropriate to ask what his impact might be on particular fields of inquiry or professional vocations. As lawyers, then, we might ask: what were John Paul II's thoughts on the nature of law and jurisprudence? What will be his legacy in terms of the civil law? How can we, as civil lawyers, best mine the rich lode of his intellectual legacy? To begin to answer these questions and to suggest a way forward under the guidance of John Paul II, it is fitting that the Notre Dame Journal …

Discerning The Environmental Perspective Of Pope Benedict Xvi, Lucia A. Silecchia

Scholarly Articles

As commentators assess the legacy left behind by Pope John Paul II, they will surely note with interest the contributions he made to the advancement of Catholic social thought with respect to the necessity for careful stewardship of creation and the link that exists between ecological concerns and genuine human development. How, his successor, Pope Benedict XVI, faces a world in which ecological concerns persist and pressures for solutions continue. This paper explores the writings of Pope Benedict XVI to ascertain the ways in which he may approach the environmental questions of the modern world. In his theological writings prior …

Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Thought, Lucia A. Silecchia

Scholarly Articles

In recent years, there has been a renewed interest in the proper role of religion in the public square. This paper offers brief reflections on the role for religious entities to play in the process of law-making and the development of public policy. It addresses this question NOT from the perspective of the government looking at religion to see what role it should play. Rather, it examines this question from the perspective of a religious group assessing what its proper role and moral obligations might be in the public square. Much of this discussion is taken, specifically, from principles of …

Law, Religion, And Medical Science: Conjunctive Or Disjunctive?, George P. Smith Ii

Scholarly Articles

No abstract provided.

Rabbi Joseph Soloveitchik’S ‘Confrontation’: A Reassessment, Marshall J. Breger

Scholarly Articles

Responding to a recent symposium on Rabbi Joseph Soloveitchik's 1964 article on the propriety of Christian-Jewish dialogue, this essay begins by assessing several arguments put forth by Soloveitchik. These include the incommensurability of religious faith, the risks interreligious dialogue presents to the Jewish minority, the dangers of syncretism, and the ability to separate neatly the sacred and the profane. The article then proceeds to discuss the nature of Catholic-Jewish today, and concludes with thoughts about the future of Christian and Jewish interaction.

Clergy, Sex, And The American Way, Raymond C. O'Brien

Scholarly Articles

Part I of the Article discusses the two hundred year history of the Roman Catholic Church in America. Internationally the Church has over a billion members, but the American Church has distinctive characteristics that have allowed it to prosper and serve as a model for other nations.

Growth, involvement, wealth, and a nexus between being American and being Catholic evidenced by cooperation with civil authorities are among the characteristics. The Charter is now a marker in that history. Part II examines what happened to bring about the crisis of the sexual abuse of minors by clergy. In spite of the …

Catholic Social Teaching And Its Impact On American Law: Observations On The Past And Reflections On The Future, Lucia A. Silecchia

Scholarly Articles

In recent years, greater attention has been paid to the influence of Catholic social teaching as a contributor to legal debates in American society. As it has developed, Catholic social teaching clearly envisions a role for the Church to play in shaping society. The interplay between Catholic social teaching and American law is a fascinating, complex, and, at times, tense relationship. That relationship is the subject of these observations and reflections. The first part of this discussion explores how leading Church documents define the proper scope of influence for Catholic social teaching. After this brief background, the discussion will turn …

Tolstoy And The Christian Lawyer, Raymond B. Marcin

Scholarly Articles

It may be that there is no literate person alive in the Western world who has not heard of Count Lyof Nikolaevich Tolstoi (Tolstoy), author of what some have called the quintessential novel among all recorded literature: War and Peace. It may also be that most literate persons are aware that Tolstoy was a moralist of some renown-of great renown in his day-whose pacifist thought presaged and influenced Mohandas K. Gandhi, the great and saintly Mahatma of India. One doubts, however, whether many are aware that Tolstoy penned what is perhaps the most devastating attack in all religious literature on …

The City Of Babel: Yesterday And Today, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Old Testament Justice: The Mirror Of Justice Lecture, Clifford S. Fishman

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No abstract provided.

Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh

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No abstract provided.

Emerging Trends In Religious Liberty, Robert A. Destro

Scholarly Articles

From a religious liberty perspective, the October 2000 term of the United States Supreme Court was relatively uneventful. The Court decided only one case raising significant religious liberty concerns, Good News Club v. Milford Central School. Good News Club adds little to the First Amendment case law already on the books, but it does provide an excellent opportunity to highlight the growing need for well-informed scholars, both American and foreign, to examine the relationships between and among clauses of the First and Fourteenth Amendments to the Constitution of the United States.

The Reawakening Of Marriage, Raymond C. O'Brien

Scholarly Articles

This Article contends that the convergent societal pressures from the same-sex marriage debate, the effect of the welfare legislation to define family, and the allowance of greater religious involvement in marriage preparation and divorce will precipitate a reawakening of marriage. The emergence of covenant marriage, the public debate over no-fault divorce, the resurgence of fault grounds, and Florida's enactment of its Marriage Preparation and Preservation Act are ramifications of this reawakening. Public concern over the frequency of divorce and the resulting adverse consequences for children and adults, indicate a change in attitude concerning marriage, divorce and family. Covenant marriage is …

Religious Liberty And The Politics Of Judicial Review, Robert A. Destro

Scholarly Articles

No abstract provided.

Death, Dying, And Burial: Approaches In Religious Law And Practice, William J. Wagner

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No abstract provided.

The Bishops' New Statement On Abortion: Why It Isn't Accomplishing Much Of Anything., Raymond B. Marcin

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No abstract provided.

Régime Des Cultes Et Liberté Religieuse En Europe: Relectures Américaines, Robert A. Destro

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No abstract provided.

Catholic Judges In Capital Cases, John H. Garvey

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No abstract provided.

Single Gender Marriage: A Religious Perspective, Raymond C. O'Brien

Scholarly Articles

This Article will offer a religious perspective which is a response to the legal arguments in favor of single-gender marriage. Three arguments will be made: first, that the religious perspective identified and associated with the Roman Catholic tradition offers a fundamental basis for family life that has been proven to be beneficial to society as a whole, and to the message of revelation consigned to Christians by Jesus Christ; second, inasmuch as the religious perspective is being contradicted by judicial interpretation rather than through legislative process, a tyranny of judicial activism has and is subverting a public policy consensus; and …

The Architecture Of The Establishment Clause, John H. Garvey

Scholarly Articles

No abstract provided.

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

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No abstract provided.

The Real Reason For Religious Freedom, John H. Garvey

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

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.

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.