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About Bibliography

          In 1998 the United States Catholic Bishops challenged Catholic schools at all levels to “integrate Catholic social teaching into the mainstream of all Catholic educational institutions and programs.” (National Conference of Catholic Bishops, Sharing Catholic Social Teaching: Challenges and Directions, 1998). In their call to action, the bishops urge that Catholic schools “ensure that every Catholic understands how the Gospel and church teaching call us to choose life, to serve the least among us, to hunger and thirst for justice, and to be peacemakers.”

 
         The legal academy plays a unique and vital role in imparting the Church’s social justice tradition. The study and teaching of law provides an ideal context in which to reflect on the lawyer’s role in “breaking down the barriers that obstruct God’s kingdom of justice and peace.” The years of law school study provide the student with a special opportunity not only to learn the law, but to discover how the law is enriched by an understanding of the Church’s social message. The role and responsibility of the law teacher takes on an added urgency in the light of the Bishops’ words that the “sharing of our social tradition is a defining measure of Catholic education and formation.”
 
         Catholic Dimensions of Legal Study is an attempt by the librarians of the Judge Kathryn J. DuFour Library of The Catholic University of America Columbus School of Law to respond to the bishop’s call for action. It seeks to identify and describe Catholic resources useful for law teachers, law students and practicing attorneys who are seeking to integrate their faith commitment into a life in the law.
 
         The first edition of this bibliography was published in the fall of 2002. An expanded and updated second edition followed in 2004. Both editions were print documents. This current effort moves the bibliography to the Web, making it available in an expanded and searchable format. The bibliography contains over 1,000 entries and abstracts (nearly twice the number in the second print edition) reflecting the substantial increase in scholarship in this field. The bibliographic entries and abstracts are fully searchable by keyword or by using the controlled subject headings available on the drop-down menu.
 
            This new Web version of The Catholic Dimensions of Legal Study represents the collegial effort of an outstanding group of dedicated librarians at the Judge Kathryn J. DuFour Law Library who contributed the bibliographic research, wrote the descriptive abstracts, and provided technical support. Of special note are the contributions of post-graduate fellow Richard M. Lender (CUA, 2010) who was the major force in updating the bibliography and electronic services librarian Len Davidson who created the web-based infrastructure for the database. Pat Petit, the general editor of the two print editions, interrupted his retirement to help coordinate this Web version.
 
            In creating this bibliography the library staff has done what librarians have always striven to do: to provide (in the words of the great Indian librarian, S.R. Ranganathan) “the right information, to the right person, at the right time.” As committed members of The Catholic University of America Law School community their efforts bear witness to the bishops’ reflection that “commitment to social justice is at the heart of who we are and what we believe.”

 

January 2012, Washington DC

 

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Pat Petit
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Official documents of the Catholic Church have evolved and differentiated over time, but commonly come from four basic sources:
1) Papal documents, issued directly by the Pope under his own name;
2) Church Council documents, issued by ecumenical councils of the Church and now promulgated under the Pope's name, taking the same form as common types of papal documents;
3) Curial documents, issued by offices of the Holy See but authorized by the Pope; 
4) Bishops documents, issued either by individual bishops or by national conferences of bishops.
Not all types of documents are necessarily represented currently in this Bibliography.  The types of each are briefly explained below.
 
The level of magisterial authority pertaining to each type of document - particularly those of the Pope - is no longer always self- evident. A Church document may (and almost always does) contain statements of different levels of authority commanding different levels of assent, or even observations which do not require assent as such, but still should command the respect of the faithful. The Second Vatican Council, speaking through Lumen Gentium (The Dogmatic Constitution on the Church) identified as many as four different kinds of authority (n. 25). Msgr. Fernando Ocáriz Braña, Vicar General of Holy Cross, recently clarified this hierarchy of authority in an article in L'Osservatore Romano, the "semi-official" periodical of the Holy See:
 
Those affirmations of the Second Vatican Council that recall truths of the faith naturally require the assent of theological faith, not because they were taught by this Council but because they have already been taught infallibly as such by the Church, either by a solemn judgment or by the ordinary and universal Magisterium. So also a full and definitive assent is required for the other doctrines set forth by the Second Vatican Council which have already been proposed by a previous definitive act of the Magisterium.
The Council’s other doctrinal teachings require of the faithful a degree of assent called “religious submission of will and intellect”. Precisely because it is “religious” assent, such assent is not based purely on rational motives. This kind of adherence does not take the form of an act of faith. Rather, it is an act of obedience that is not merely disciplinary, but is well-rooted in our confidence in the divine assistance given to the Magisterium, and therefore “within the logic of faith and under the impulse of obedience to the faith” (Congregation for the Doctrine of the Faith, Instruction Donum Veritatis, 24 May 1990, n. 23). This obedience to the Magisterium of the Church does not limit freedom but, on the contrary, is the source of freedom. Christ’s words: “he who hears you hears me” (Lk 10:16) are addressed also to the successors of the Apostles; and to listen to Christ means to receive in itself the truth which will make you free (cf. Jn 8:32).
Documents of the Magisterium may contain elements that are not exactly doctrinal — as is the case in the documents of the Second Vatican Council — elements whose nature is more or less circumstantial (descriptions of the state of a society, suggestions, exhortations, etc.). Such matters are received with respect and gratitude, but do not require an intellectual assent in the strictest sense (cf. Instruction Donum Veritatis, nn. 24-31).
 
 
 
Papal Documents
 
Decretal letter (Litteras decretals) - Once a common papal document, decretals are now restricted to dogmatic definitions and (more commonly) proclamation of canonizations and beatifications.
Apostolic Constitution (Constitutio apostolic) - Apostolic constitutions are considered the most solemn kind of document issued by a pope in his own name. Constitutions can define dogmas but also alter canon law or erect new ecclesiastical structures. An example is John Paul II’s apostolic constitution Ex Corde Ecclesiae, defining the role and responsibility of Catholic institutions of higher education.
Encyclical Letter (Litterae encyclicae) – Encyclicals are the second most important papal documents, exhorting the faithful on a doctrinal issue. Its title taken from its first few words in Latin, an encyclical is typically addressed to the bishops but intended for instruction of Catholics at large. Most of the best known social teaching documents have been encyclicals. Examples include Leo XIII’s Rerum Novarum, first introducing Catholic social teaching, and John Paul II’s Centesimus Annus, expanding on the application of the social teaching of Rerum Novarum in the post-Cold War world.
Apostolic Letter (Litterae apostolicae) – Apostolic letters are issued by popes to address administrative questions, such as approving religious institutes, but have also been used to exhort the faithful on doctrinal issues. Apostolic letters do not typically establish laws, but rather should be thought of an exercise of the Pope’s office as ruler and head of the Church. Paul VI issued Octogemisa adveniens in 1971 as an apostolic letter because it was addressed to one person, Cardinal Maurice Roy.
Declaration (declamatio) - A declaration is a papal document that can take one of three forms: 1) a simple statement of the law interpreted according to existing Church law; 2) an authoritative declaration that requires no additional promulgation; or 3) an extensive declaration, which modifies the law and requires additional promulgation. Declarations are less common now as papal documents, but were resorted to several times by the Vatican II Council. An example is Dignitatis Humanae, the Declaration on Religious Liberty.
Motu Proprio – A Motu Proprio is a decree issued by the Pope on his own initiative. A motu proprio can enact administrative decisions, or alter Church law (but not doctrine). An example is Benedict XVI’s Summorum Pontificum, which relaxed restrictions on celebration of the traditional mass.
Apostolic Exhortation (Adhortatio apostolica) – An apostolic exhortation is a formal instruction issued by a pope to a community, urging some specific activity. Lower in import than an encyclical or apostolic letter, an exhortation does not define doctrine. An example is John Paul II’s Familiaris Consortio, affirming the meaning and role of marriage and the family.
Allocutions (allocutions) – An allocution is an oral pronouncement by a pope, with pastoral, not doctrine, import. Increasingly common in the modern age, allocutions are a way for popes to exhort the faithful both within and outside the context of homilies. An example is John Paul II’s 2003 homily in Rijeka, The Family Requires Special Consideration.
 
 
Conciliar Documents
 
Traditionally, Church councils have issued documents only in the form of decrees or constitutions. The Fathers of Vatican II, however, intended a pastoral rather than a strictly doctrinal council, and as a result issued a number of different kinds of documents, all promulgated under the Pope's name and therefore taking the same name and form as papal documents. The highest form of document was the constitution, of which there were four (Ex: Gaudium et Spes, the Pastoral Constitution on the Modern World). Ten other documents were issued as decrees, addressing specific issues within Church life (Ex: Unitatis Redintegratio, the Decree on Ecumenism). Finally, three documents were issued as declarations, fairly brief documents (Ex: Dignitatis Humanae, the Declaration on Religious Liberty).
 
 
Curial Documents
 
Instruction – Instructions are statements issued by a Congregation, always with the approval of the pope. Instructions are usually intended to explain or clarify documents issued by a Council or decrees by a Pope. An example of an instruction is Donum Vitae, an instruction issued by the Congregation for the Doctrine of the Faith, clarifying Church teaching on the respect due in law for human life in its earliest stages.
Recognitio – A recognitio supplies the acceptance by the relevant office of the Holy See of a document submitted to it for review by a local conference of bishops. Such acceptance is required for such conference documents to modify universal law. A recognitio thus gives conference documents legislative effect.
Replies to Dubia – Dubia are official responses to questions (dubia) of bishops addressed to the Holy See seeking clarification on statements of doctrine or discipline. Dubia are addressed to congregations having jurisdictions. An example is the Letter Concerning the Congregation for the Doctrine of the Faith (CDF) Regarding Ordinatio Sacerdotalis, confirming that the latter document’s affirmation that the Church does not have the authority to ordain women to the priesthood belongs to the deposit of the faith.
 
 
Bishops’ Documents
 
National bishops’ conferences were formally established by the Vatican II (Christus Dominus 38). Bishops conferences issue pastoral letters, explaining how Church teaching is to be put into effect in the relevant country. To have authority, however, such letters must be consistent with the teaching of the universal Church; they must also receive official confirmation from the Holy See by means of a recognitio from the relevant curial office. 
Statements issued by an individual bishop only have authority within that bishop’s diocese, and only provided that such statements do not conflict with the Church’s universal law and teaching.
 
 
 
1. Bradley, Gerard V., We Hold These Truths and the Problem of Public Morality, 16 Catholic Social Science Review 123-132 (2011).
This essay maintains that although  John Courtney Murray's  influential 1960 work We Hold These Truths represented an important milestone in Catholic reflection on the American regime, Murray's analysis of public morality and the state's role in its promotion and enforcement is notably weak and of little assistance to us today. More specifically, it argues that Murray’s analysis is insufficiently philosophical and too concerned with the pragmatic task of forging an approach widely acceptable in the America of his day. It further argues that Courtney's book rests on an artificial distinction between “private” and “public” morality that fails to sufficiently appreciate the essential dependence of sound morals legislation upon the government’s recognition of moral truth; and that it too closely identifies the whole of law’s competence with the scope of its coercive jurisdiction, thus failing to appreciate the directive and educative properties of law and its role in the establishment of conditions conducive to human flourishing.  (Abstract excerpted in whole or part from the Social Science Research Network)
Civil Rights/ Jurisprudence
2. Calo, Zachary R., Catholicism, Liberalism and Human Rights, 1 Journal of Christian Legal Thought 9 (2011).
Calo's paper considers the background question of how religious traditions, in this case the social thought of the Catholic church, has engaged the idea of human rights and the liberal tradition more generally. In particular, this case study aims to illuminate the process by which Catholicism developed a native human rights tradition and how, in turn, this tradition is distinguished from its regnant secular counterpart. By so doing, this paper aims to texture and ultimately complicate our understanding of the idea and history of human rights, hereby bringing attention to the plural moral and political traditions that reside under the rubric of human rights.  This is a story that can and should be retold from the perspective of other traditions, and it is a story that is now unfolding within strands of Islamic thought.
Jurisprudence
3. Coleman, John A., North American Culture's Receptivity to Catholic Social Teaching, in Catholic Social Teaching in Global Perspective: Gregorian University Studies in Catholic Social Teaching edited by McDonald, Daniel, S.J. (Orbis Books, 2011).    WorldCat  [WCat]
This volume examines the application of Catholic Social Teaching in diverse geographical and cultural contexts, with reflections on the reception of CST in North America, Western and Eastern Europe, Africa, India, and the Philippines. Catholic Social Teaching in Global Perspective focuses on local sensitivities and challenges within the context of a global church, while attempting to open up larger issues of justice and the common good. John Coleman's essay examines the reception of  Catholic Social Teaching in the development of law in the United States and Canada.
Catholic Social Teachings
4. Coppola, Elizabeth and Robert DeFina, Catholic Social Thought and Criminal Justice, 8 Journal of Catholic Social Thought 1-5 (2011).
Coppola and DeFina provide an introductory essay to an issue of articles devoted to the question of criminal justice, based on presentations delivered at a three day conference at Villanova University.   The authors focus on the background of an official U.S. strategy of mass incarceration in recent decades, contending that this strategy has produced few benefits while imposing large costs on U.S. society.  These costs include material devastation of the communities where incarceration is concentrated and a diminution of the moral and spiritual foundation of the prisoners and their families.   Powerful principles of Catholic social thought, such as the dignity of the person, the social nature of the person, and social solidarity have been cast aside in the process of this transformation.   Against this backdrop, the authors briefly describe how each essay in the issue reflect on the nature of justice, the impacts of this strategy, and alternative models of justice consistent with Catholic intellectual tradition.
Catholic Social Teachings/Criminal Law and Procedure
5. DeFina, Robert and Lance Hannon, Engaging the U.S. Bishops' Pastoral on Crime and Criminal Justice: From Atomism to Community Justice, 8 Journal of Catholic Social Thought 77-92 (2011).
DeFina and Hannon examine the USCCB's November 2000 Pastoral, Responsibility, Rehabilitation and Restoration: A Catholic Perspective on Crime and Criminal Justice.  The authors argue that while the Pastoral has much to commend it, it falls short in its critique of the criminal justice system and its recommendations.  The authors argue that the bishops take an excessively "atomistic" approach, concentrating on the individual inmate while failing to adequately address community concerns.  The authors urge the bishops to take a broader perspective, one they refer to as "community justice," in evaluating the criminal justice system.  In this perspective, communities are understood as sui generis entities to which the principles of Catholic social thought should be applied, and not simply the aggregation of principles.  (Abstract excerpted from "Catholic Social Thought and Criminal Justice" by Elizabeth Coppola and Robert DeFina in the same issue.)
Criminal Law and Procedure/ Jurisprudence/ Catholic Social Teachings
6. Garnett, Nicole Stelle, Restoring Lost Connections: Land Use, Policing, and Urban Vitality, 36 Oklahoma City University Law Review 253 (2011).
Garnett's article is based on a lecture given at Oklahoma City Law School.  Her lecture focuses primarily on law enforcement and land use regulation, and in particular on the often overlooked connections between these two important spheres of local autonomy.  Garnett's survey is based, she says, on a question she once elicited from a student: Was it the case, the student wondered, that land use regulators were coming to demand less order in our cities, and police reformers more?  Garnett takes as one of her premises a critical element of Catholic social teaching:  the preferential option for the poor. The idea, she notes, is a simple one--and certainly not an exclusively Catholic one--our legal policies ought to consider first the needs of the least among us.  Land use policy, she argues, should reflect this principle.
Property
7. Hall, Stephen, Custom, Enactment and Legal Order: A Natural Law Account, 8 Journal of Catholic Social Thought 127-62 (2011).
Hall compares customary law and enacted law in a discussion of criminal law.  Hall asserts that customary law can represent the common good of the community more sufficiently than enacted law, as the former can be more legitimate and comprehensive, and more harmonious with justice.  Hall looks for justification to Thomas Aquinas, who claimed that legal rights and obligations are independent of enactment and the law should not be made exclusively by a ruler or ruling oligarchy, but rather "the whole people."  Hall likewise sees similar support in the thought of figures such as Friedrich von Hayek, who saw enacted laws like Constitutions erected over pre-existing, spontaneous legal orders that form a sophisticated legal artifact of a whole people that spontaneously determines a unique particular shape to the universal requirements of the natural law.   (Abstract excerpted from "Catholic Social Thought and Criminal Justice" by Elizabeth Coppola and Robert DeFina in the same issue.)
Constitutional Law/ Jurisprudence/ Criminal Law and Procedure
8. Hollenbach, David, S.J., Caritas in Veritate: The Meaning of Love and Urgent Challenges of Justice, 8 Journal of Catholic Social Thought 171-82 (2011).
Hollenbach argues that a renewed stress on how the gospel of love requires unwavering commitment to justice and a solidarity based on reciprocal equality will strengthen the life of the Church both in its inner life and in its mission to the world.  Hollenbach engages this point with specific reference to the approach to Catholic social teaching embodied in Pope Benedict XVI's encyclical Caritas in Veritate, specifically in its understanding of the theological virtue of charity primarily as gift and gratuity, and that love is based on mutual relationship in community.  Hollenbach also takes note of the approach of U.S. bishops to both pro-life and economic issues in the political and legal arena, and tensions arising therein. (Abstract excerpted from "Catholic Social Thought and Criminal Justice" by Elizabeth Coppola and Robert DeFina in the same issue.)
Catholic Social Teachings/ Jurisprudence/ Health Law/ Civil Rights/ Criminal Law and Procedure
9. McCorkel, Jill, Service Learning in Prison: The Prison Literacy Project at SCI-Graterford, 8 Journal of Catholic Social Thought 57-60 (2011).
McCorkel discusses a course on penology and corrections that she conducts with prisoners at Graterford prison, a maximum security prison outside Philadelphia.  The course has a service learning component in which her students at Villanova serve as literacy tutors for Graterford inmates. McCorkel explains how the course links directly to several of the main principles of Catholic social thought and the impact that the course had on the students' understandings of their education and justice in the world. (Abstract excerpted from "Catholic Social Thought and Criminal Justice" by Elizabeth Coppola and Robert DeFina in the same issue.)
Criminal Law and Procedure/ Catholic Social Teachings/ Catholic Dimensions of Legal Education
10. P.J. Kenedy & Sons, The Official Catholic Directory (New York: P. J. Kenedy & Sons, 2011).    WorldCat      [WCat]  http://www.officialcatholicdirectory.com/
This annual publication provides information and statistics on Catholic dioceses, educational and charitable institutions, and priests and religious in the United States and its territories - a valuable reference source on Catholic literature and institutions.  (Worldcat link is to the 2009 edition)
Reference Sources
11. Porter, Jean, Ministers of the Law: A Natural Law Theory of Legal Authority (Grand Rapids, MI: Eerdmans, 2011).    WorldCat      [WCat]
Part of the Emory University Studies in Law and Religion series.  In this work, Porter articulates an explicitly teleological understanding of law based on the natural law tradition - including the Catholic natural law tradition - and applies it to contemporary legal issues. Her conclusions are not always those reached in Catholic social doctrine, however. The examination of natural and civil law is divided into five parts: 1. The Paradox of Legal Authority; 2. Authority and the Natural Law; 3. Political Authority; 4. Legal Authority; 5. Authority Within and Beyond the State.
Jurisprudence
12. Ramirez, Ricardo, C.S.B., Catholic Social Teaching on Restorative Justice, 8 Journal of Catholic Social Thought 7-18 (2011).
Ramirez, Bishop of Las Cruces, New Mexico, explores the idea of restorative justice and its place in Catholic social thought.  Ramirez notes that although the Catholic Church does not explicitly teach restorative justice, the concept is embraced through its teachings and actions.  Ramirez argues that the Church requires bishops to facilitate innovative restorative justice programs, fight for rehabilitative punishment, encourage spiritual  healing for offenders, address the role of addiction/mental illness in crime, ensure that immigrants receive equal treatment, and empower communities. (Abstract excerpted from "Catholic Social Thought and Criminal Justice" by Elizabeth Coppola and Robert DeFina in the same issue.)
Catholic Social Teachings/ Criminal Law and Procedure
13. Silecchia, Lucia A., Pope John Paul II's Evangelium Vitae and the 'Horizon of the Good' SSRN logo SSRNcat, 1 Journal of Christian Legal Thought 16-17 (2011).
This essay, for the inaugural issue of the Journal of Christian Legal Thought, invites readers to consider the lessons of Pope John Paul II’s “Evangelium Vitae” for modern lawyers. The essay argues that Pope John Paul’s well known encyclical is both a strong, eloquent defense of vulnerable human life, as well as a call to all those involved in the law to consider the demands of law, conscience, and morality in the public and private spheres. (Abstract excerpted in whole or part from the Social Science Research Network)
Jurisprudence/ Professional Responsibility/ Civil Rights
14. Soltis, Kathryn Getek, The Christian Virtue of Justice and the U.S. Prison, 8 Journal of Catholic Social Thought 37-56 (2011).
Soltis discusses the Christian virtue of justice and its relation to the U.S. justice system.  Soltis notes that the current orientation of the criminal justice system places no real importance on the goal of transforming prisoners so that they can contribute once again to the common good.  Soltis notes that this was not always the case, and advocates a return to such a principle.  Soltis bases her position on St. Anselm's satisfaction theory, which requires the individual to become just through honor and obedience to God.  Judgment and punishment alone cannot establish justice, Soltis contends.  Rather, justice arises when people become moral agents  who are joined by right relationships that constitute our inherent social nature. (Abstract excerpted from "Catholic Social Thought and Criminal Justice" by Elizabeth Coppola and Robert DeFina in the same issue.)
nal Law and Procedure
15. Vischer, Robert K., Whom Should a Catholic Law School Honor?: If Confusion is the Concern, Context Matters, 49 Journal of Catholic Legal Studies (2011).
If a Catholic can vote for a pro-choice candidate when proportionate reasons justify that decision, can a Catholic law school honor a pro-choice public figure if there are proportionate reasons to do so? In other words, should the law school’s inquiry focus simply on whether the honoree defies Church teaching on any matter of grave moral importance, or should the law school also consider the message communicated by the honor in light of the broader context in which it would be extended? This short essay suggests that a contextual approach is more consistent with the U.S. Bishops’ instruction on this matter and avoids some of the collateral harm arising from a bright-line prohibition on honoring anyone who defies even a single aspect of Church teaching. Vischer's essay was composed as a contribution to a symposium sponsored by the Journal of Catholic Legal Studies. (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Dimensions of Legal Education
16. Weaver, Jessica Dixon, The Principle of Subsidiarity Applied: Reforming the Legal Framework to Capture the Psychological Abuse of Children, 18 Virginia Journal of Social Policy and the Law 247 (2011).
Psychological abuse is the most prevalent type of child abuse. It lies at the core of child maltreatment because it is embedded in and interacts with physical and sexual abuse, as well as physical neglect. It also has a more extensive and destructive impact on the development of children than any other type of abuse. Yet, the current child protection system fails to adequately address the problem because the normative framework of the child protection system does not always include the psychological abuse of children. For the majority of states, the physical health, safety, and well-being of children are focal points in determining whether abuse or neglect has occurred. Although federal law requires that “serious emotional harm” be included in the definition of abuse for all states, less than one third of all states in America allow for children to be removed from their parents due to psychological abuse alone. This Article proposes a way to fill the gap by incorporating psychological abuse into the larger doctrinal equation of child abuse and neglect treatment and prevention. First, recognizing that a primary challenge to including psychological abuse within the legal standard is the ability to determine the level of psychological harm that warrants state intervention, this Article offers a uniform definition of psychological abuse in order to expand the scope of the emergency removal standard. Second, this Article borrows from the Catholic theory of subsidiarity to address prevention and treatment of abuse in American communities. This bold new paradigm is a prescriptive process that carefully constructs the law such that necessary interventions in a child's life are allowed to prevent further psychological damage so that victims can start the road to recovery. Ultimately, applying the principle of subsidiarity to the legal framework of the child protection system should reduce the number of children who experience psychological abuse as well as reduce the overall cycle of abuse and neglect in our country.
Family Law
17. Schiltz, Elizabeth, The Paradox of the Global and the Local in the Financial Crisis of 2008: Applying the Lessons of Caritas in Veritate to the Regulation of Consumer Credit in the United States and the European Union, 26 Journal of Law and Religion 173-212 (2010- 2011).
In this article, Schiltz argues that Pope Benedict XVI's encyclical Caritas in Veritate offers a framework for considering such questions about the architecture of consumer credit regulation, with its dual nature as a uniquely local, yet increasingly also inevitably global, phenomenon. The Encyclical does not, of course, provide specific answers to members of the U.S. Congress or the European Parliament on how they should vote on the particular proposals in front of them. However, it does provide a framework for assessing such proposals in light of the demands of authentic human development.  In this article, Schiltz first describes how the tension between a local or a nonlocal approach plays out in the debates about the appropriate regulatory scheme for consumer credit in the U.S. and the E.U.  Schiltz then demonstrates how, in both jurisdictions, the primary motivation for the increasingly predominant uniform, nonlocal approach has been economic efficiency. Schiltz then explains Pope Benedict's arguments in Caritas for why only an articulated response to the root causes of the global economic crisis protects the multiplicity of values required to achieve an authentically humane global economy. Finally, Schiltz applies Pope Benedict's general framework to the debates in the U.S. and the E.U. Schiltz concludes that, while this framework does not reject entirely the value of economic efficiency that supports some uniform nonlocal regulation, it also counsels for the preservation of the possibility of some differentiated, inefficient, local regulation of consumer credit. The most effective regulatory responses to the current crisis, therefore, will be those that support an ongoing dynamic balancing of the competing claims of local and nonlocal interests. (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations/ Securities Regulation/ Catholic Social Teachings/ Commercial Transactions
18. Adolphe, Jane, A Response to Amnesty International's Abortion Policy in Light of Mulieris Dignitatem, 8 Ave Maria Law Review 311 (2010).
This Article focuses on chapter four of Pope John Paul II's apostolic letter Mulieris Dignitatem, “Eve- Mary,” and in particular, the effects of original sin on the relationship between man and woman. When considering the “disturbance of this original relationship,”  two questions are raised: What is the original relationship? How is it disturbed? In this regard, the abortion policy of Amnesty International (“AI”), as developed in conjunction with its global campaign to eliminate violence against women, offers a point of departure and a case study. At first glance, AI's “Campaign to Stop Violence Against Women” appears to be thoroughly laudable: a respected organization includes its voice among the chorus of those calling for the elimination of violence against women. But, couched in the language of “sexual and reproductive health rights,” AI's newfound “remedy” for rape and incest is abortion--itself a form of brutality. Only by denying the personhood of the fetus and ignoring the well-documented post-abortion suffering of women can AI deflect accusations that its policy promotes further violence and human suffering. As an alternative to AI's logic of violence, Adolphe offers the logic of love. To flesh out this thesis, the Article is divided into two parts. Part I, “The Logic of Violence,” offers a critique of Amnesty International's abortion policy. This section argues that AI's abortion policy is riddled with internal inconsistencies and obfuscations about the true breadth of the policy. It reviews the new abortion policy in the context of human rights language, commencing with underlying assumptions and then turning to various scenarios: health-risk abortions, sex-selective abortions, disability-selective abortions, and partial-birth abortions. This Article argues that AI's “rights approach”--a radically individualistic perspective that denies the relational dimension of pregnancy--joins sexual violence with the destructiveness of abortion, which in turn begets more suffering. On one hand, the mother, who has already been the victim of grievous bodily and psychological harm, must endure the intrusions of abortion on her person and its deleterious effects, while on the other hand, her unborn child is destroyed, the eventual realization of which greatly adds to her afflictions. By pondering “The Logic of Love” in Part II, a person of good will can come to understand that the sine qua non to breaking the cycle of violence--AI's avowed aim--is healing love and forgiveness.
Civil Rights/ Family Law/ Health Law
19. Alvare, Helen M., Catholic Social Thought and United States Family Law: Models of Interaction, 7 Journal of Catholic Social Thought 315-336 (2010).
Alvare examines the development of the "family law and religion" project in the United States against the background of the apparent deterioration of the traditional family, particularly among disadvantaged groups.  After nearly five decades of such troubling changes, Alvare contends that public and private actors who have been grappling with family issues are more explicitly turning to religion for help.  Resistance and even hostility to religious participation remains very much alive, however, and Alvare explores and responds to these objections, hoping that her descriptions of various models for bringing Catholic Social Teaching and U.S. family law into dialogue "will persuade readers that these and other objections are not well founded."
Family Law/ Catholic Dimensions of Legal Education
20. Ambrozic, José, Beyond Public Reason on Energy Justice: Solidarity and Catholic Social Teaching, 21 Colorado Journal of International Environmental Law and Policy 381 (2010).
What role can faith have in helping us identify the obligations of energy justice and in providing us the moral energy necessary to undertake whatever challenges are implied in heeding those obligations? If the social teaching of the Catholic Church acquires its space in the public square, it will recognize the dignity of every human person and the obligation of solidarity we all have towards each other. This includes the equitable sharing of environmental resources and assisting others proportionally to their needs and our ability to do so. Given that a lack of adequate sources of energy undermines one third of the world's population's health and development, we have an urgent duty to employ our resources to alleviate that situation permanently. This Article has the following sequence. Section II develops the concept of justice and its limitations in political liberalism, which is the most relevant political context for this discussion. Sections III and IV deal with the contribution of faith, and particularly Catholic social thought, to overcoming these limitations by providing a more comprehensive approach to justice and the human person. Section V addresses how these contributions inform thoughts about energy justice. (Abstract from article)
Environmental Law
21. Araujo, Robert, S.J., Catholic Legal Education—What’s in a Brand Name? Catholic Social Thought as a Conceptual and Moral Framework for Understanding and Critiquing American Law and Influencing Legal Education, 7 Journal of Catholic Social Thought 467 - 487 (2010).
Araujo's article undertakes to present a modest attempt at providing some initial answers to what should be constitutive of legal education that claims to be Catholic. Is there something identifiable and substantive to the brand name of Catholic legal education?  Araujo's investigation attempts to provide a framework for taking stock of  the church's social doctrine that relates directly to law. and to the jurisprudential underpinnings that relate to this doctrine.
Catholic Dimensions of Legal Education
22. Blank, Yishai, Federalism, Subsidiarity, and the Role of Local Governments in an Age of Global Multilevel Governance, 37 Fordham Urban Law Journal 509 (2010).
Federalism and subsidiarity are the two dominant theories that are currently being implemented globally in order to organize and theorize the relationship between different levels of government and different spheres of political action and identification. While both advocate a division of labor between lower and upper governmental levels, they also radically differ from each other. This Article explores the differences and similarities between federalism and subsidiarity as legal and political regimes and points to important areas of departure between them, especially regarding the relationship between states and their territorial sub-divisions, with particular interest in cities.  (Abstract excerpted from article)
Jurisprudence/ Constitutional Law
23. Bonifacio, Glenda Tibe and Vivienne S.M. Angeles, editors, Gender, Religion, and Migration : Pathways of Integration (Lanham, Maryland: Lexington Books, 2010).    WorldCat      [WCat]
Gender, Religion, and Migration is a multidisciplinary collection of fifteen essays on the intersection of gender and religion in the integration of different groups of immigrants, migrant workers, youths, and students in host societies in Asia-Pacific, Europe, Latin America, and North America. The essays examine the link and tensions between religion and integration from a gendered perspective, as well as the contemporary significance of religion in the context of global migrations.
Civil Rights/ Immigration Law
24. Breen, John M., Love, Truth, and the Economy: A Reflection on Benedict XVI's Caritas in Veritate, 33 Harvard Journal of Law and Public Policy 987-1029 (2010).
In Part I of the Article that follows, I explain the philosophical and theological concepts that Pope Benedict proposes as the foundation of economic and social life. These concepts--such as the intrinsically relational nature of “persons” and the “logic of gift” as distinguished from the “logic of exchange”--are not the normal stuff of legal and economic discourse. Nevertheless, these concepts are the centerpiece of any proper analysis of the economic and political order. In Part II, I explain the implications of these concepts as they relate to several concrete aspects of the economy that Pope Benedict addresses. These aspects include the role of profit in business, the structure of the modern business corporation, the circumscribed role of juridical structures in directing economic behavior, and the need for an effective global authority. In doing so, I suggest how Caritas in Veritate might contribute to a deeper analysis and more thoughtful response to the tumultuous events of the recent past, that is, toward a renewal of economic life and the progress of real development. (Abstract excerpted from article)
Catholic Social Teachings/ Labor Law/
25. Breen, John M., The Golden Age That Never Was: Catholic Law Schools From 1930-1960 and the Question of Identity, 7 Journal of Catholic Social Thought 489 (2010).
Breen examines the history of the development of Catholic law schools in the United States, focusing on why efforts to make Catholic law schools more identifiably Catholic in the decades before the Vatican II Council failed, and what lessons can be learned from that. In Part I, Breen examines the proposal that Catholic law professors set forth in the late 1930's that their law schools should provide a identifiably Catholic formation not available at secular law schools.  In Part II, Breen looks at the context that informed this movement - a desire to create a distinctive legal pedagogy informed by the Thomistic revival of the late 19th century, and a reaction against the Legal Realism that pervaded secular law schools of the day. In Part III, Breen advances hypotheses that account for the failure of these proposals, suggesting that it went against the inertia of these schools and the reason they were founded in the first place.  Finally, in Part IV, Breen offers suggestions for how this history can provide lessons for current efforts to restore Catholic identity to law schools.
Catholic Dimensions of Legal Education
26. Bromberg, Howard, Mulieris Dignitatem and the Exclusivity of Marriage Under Law, 8 Ave Maria Law Review 431 (2010).
An article presented as part of a Symposium: A Celebration of the Twentieth Anniversary of Mulieris Dignitatem, Part II.  In the wake of Goodridge v. Dep't of Public Health, Bromberg examines briefly the proclamation of John Paul II's apostolic letter Mulieris Dignitatem that “[t]he whole of human history unfolds within the context of th[e] call” of the first man and woman to be an exclusive and mutual help and gift to each other.  Bromberg explores the Church's opposition to polygamy as incompatible with human dignity, questioning why if  religious opposition to same-sex marriage can no longer be taken to sustain civil law prohibitions, why the same opposition still prohibits polygamy.  "If the religious basis of laws that define marriage as a union of a man and a woman cannot be enforced by our legal system, how can laws that define marriage as a union of only one man and one woman be sustained? All arguments that point to the social disadvantages of polygamy can be countered by arguments finding a countervailing benefit. horn of history and common belief, all such arguments will, in the end, seem subjective and personal. If the laws of marriage are intended only to protect the rights of people to intimate love, as Goodridge maintains, and if the realm of private consensual sex is off limits to the state, as Lawrence maintains, how can the state intrude on the intimate question of whether that love is expressed among two spouses or more?"
Civil Rights/ Catholic Social Teachings
27. Calo, Zachary R., Human Rights and Healthy Secularity, 7 Journal of Catholic Social Thought 231-252 (2010).
Calo takes as his starting point a comment made by Pope Benedict XVI in address to Italian jurists that is essential to promote a "healthy secularity."  The phrase has also been invoked by other prominent Church figures, from John Courtney Murray to Archbishop Giovanni Lajolo.  Calo attempts to clarify what is meant by this phrase, particularly be approaching it first in terms of that against which it is defined - that the term implies that there must be necessarily be an "unhealthy secularity."  The latter term is understood in the contemporary sense that the secular "has become coterminous with a rigid and ideological secularism that is fundamentally hostile to religion and the exertion of religious influence in public life. "  The result is a society, particularly in Europe, on a "collision course with its own history," as Benedict XVI argued. A healthy secularity, particularly one informed by Catholic social thought, can avoid  such a danger, but also be a better guarantor of human rights, and more importantly the charity that transcends justice and completes it and makes integral human development possible.
Catholic Dimensions of Legal Education
28. Claeys, Eric, The Private Law and the Crisis in Catholic Scholarship in the American Legal Academy, 7 Journal of Catholic Social Thought 253-288 (2010).
Claeys beings with the observations that Americans tend to look for reasons to be resilient, to hope, and even to seize the initiative in times of adversity.  His article is "meant to challenge American Catholic law schools and scholars to emulate that optimism."  While he rejects the contention that American Catholic legal education is in a state of 'crisis' in the ordinary sense of the term, it is in a state that presents a great opportunity that is being missed.  The Catholic social tradition has huge potential to offering many fields of American legal scholarship, and a significant number of Catholic universities and law schools are now interested in (re)discovering what it means to operate with distinctly "Catholic" Missions.  Unfortunately, many Catholic scholars are not yet connecting the intellectual tradition to which they are willing heirs to the obvious challenges in contemporary legal scholarship..  The danger of such a disconnect is that if this disengagement continues, such scholars expose the new Catholic legal enterprise to marginalization from without and self-doubt from within.  To this end, Claeys engages the thought of 20th century Catholic scholar Monsignor John Tracy Ellis, and urges the community interested scholars to do more work in responding to Ellis's critique.
Jurisprudence/ Catholic Dimensions of Legal Education
29. Corkery, Padraig, Bioethics and the Catholic Moral Tradition (Dublin: Veritas, 2010).    WorldCat      [WCat]
Mainly directed to a general, non-specialist Audience, Padraig Corkery's Bioethics and the Catholic Moral Tradition gives a basic overview of Catholic teachings on controversial new developments in bioethics, and an overview of how that teaching should inform new law governing these developments.  Corkery begins with a basic overview of Catholic and general Christian teaching on bioethics, and then discusses Catholic moral teaching as it relates to key issues of assisted human reproduction, embryonic stem cell research, end-of-life issues, and administration of nutrition and hydration to persons in a permanent vegetative state.  Corkery concludes with a final section on "Morality and the Civil Law."
Health Law/ Catholic Social Teachings/ Family Law
30. Coverdale, John F., Normative Justification for Tax Exemption: Elements from Catholic Social Thought, 40 Seton Hall Law Review 889 (2010).
Coverdale notes that many theorists would be content to have government provide all necessary goods and services not furnished by markets, if only it could do so efficiently. They see nonprofit organizations as merely filling gaps in the goods and services the government provides and devote much of their attention to explaining why those gaps exist. Approaching the problem in this way fails to provide a satisfying explanation of why people dedicate their energies to creating, supporting, and operating nonprofit organizations. Furthermore, it ignores the distinctive contribution to human flourishing of nonprofit organizations, which goes well beyond filling gaps in the goods and services provided by government.  It is at this level that Coverdale believes Catholic Social Thought offers valuable elements that can contribute to our understanding of tax exemption. It does not address the many specific issues that necessarily arise in deciding which organizations should enjoy tax-exempt status and which should not. To make that determination, one must take into account technical tax and economic questions that fall outside the purview of Catholic Social Thought, such as the degree to which granting tax exemption to certain organizations that carry on activities that fall outside the scope of traditional exempt activities (for instance, those often labeled as social entrepreneurship) would unduly burden for-profit organizations that compete with them. What Catholic Social Thought does offer is a coherent view of human nature and of the nature of society and government that explains the existence of exempt organizations. It provides a reason for considering that the revenues of nonprofit organizations should be regarded as falling outside the normative tax base. Those insights can serve as a foundation for resolving narrower and more technical issues.
Taxation
31. Darian-Smith, Eve, Religion, Race, Rights: Landmarks in the History of Modern Anglo-American Law (Portland, Oregon: Hart Pub., 2010).    WorldCat      [WCat]
Religion, Race, Rights is a revisionist history of modern western law. Challenging the assumption that law is an objective, rational and secular enterprise, it shows that the rule of law is historically intertwined with Christian morality, the forces of capitalism responsible for exploiting minorities, and conceptions of individualism bound up in the 16th century Reformation and rapidly developed in the Enlightenment in the 17th and 18th centuries. Drawing upon landmark legal decisions and historical events, the book emphasizes that justice is not blind, because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. The author's focus on the historical interconnections between religion, race and rights develops contemporary legal issues and foregrounds the cultural specificity of western legal concepts.  Darian-Smith shows how, in a global political economy, Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.
Civil Rights/ Contracts
32. Davis, Dena S., Contraception, Abortion, and Health Care Reform: Finding Appropriate Moral Ground, 29 Mississippi College Law Review 379 (2010).
In this essay, I make the argument that abortion and contraception are fundamentally different actions that occupy fundamentally different moral space, and that justify fundamentally different political action.  I conclude that, while it is morally licit, even morally obligatory, for people who believe that embryos are people like us, to attempt to impede access to abortion, it is morally illicit to attempt to block access to contraception (including sterilization).  (Abstract excerpted from article)
Civil Rights/ Family Law
33. Finn, Daniel K., The True Wealth of Nations: Catholic Social Thought and Economic Life (Oxford: Oxford University Press, 2010).    WorldCat      [WCat]
Finn assembles a series of essays from different scholars examining aspects of Catholic social teaching..  Essays include: Introduction -- What does Catholic social thought recommend for the economy the economic common good as a path to true prosperity / Albino Barrera -- What is sustainable prosperity for all in the Catholic social tradition / Andrew Yuengert -- Catholic social thought, civil economy, and the spirit of capitalism / Stefano Zamagni -- The political and economic impact of cst since 1891 : Christian democracy and Christian labour unions in Europe / Vera Zamagni -- Just contracts and Catholic social teaching : a perspective from Anglo- American law / Vincent D. Rougeau -- The unjust contract : a moral evaluation / Daniel K. Finn -- From a theological frame to a secular frame : how historical context shapes our understanding of the principles of Catholic social thought / Mary Hirschfeld -- Wealth creation, social virtues : social capital's role in creating and sustaining wealth / John A. Coleman -- What do we know about the economic situations of women and what does it mean for a just economy? / Simona Beretta -- Truly Africa, and wealthy! : what Africa can learn from Catholic social teaching about sustainable economic prosperity / Paulinus I. Odozor -- Capital, spirit, and common wealth / Jon P. Gunnemann -- An ecofeminist approach to the true wealth project / Maylin Biggadike -- Moving from research to action : some lessons and directions (from a Catholic social ministry bureaucrat) / John Carr.
Catholic Social Teachings/ Contracts/ Corporations/ Family Law
34. Gallagher, Maggie, Why Accommodate? Reflections on the Gay Marriage Culture Wars, 5 Northwestern Journal of Law & Social Policy 260 (2010).
This Article proposes four potential reasons why citizens, legislators, and/or judges who endorse gay marriage should consider accommodating the views of traditional faith communities: practical, civic, moral sympathy, and principle. I argue (perhaps counter-intuitively) that the most urgent need, if we are to reduce the conflict between gay rights and religious liberty, is not merely to argue from principle alone, but also to develop respect for the other reasons for accommodation: practical, civic, and moral sympathy. (Abstract excerpted from article)
Civil Rights/ Family Law/ Constitutional Law
35. Green, Ronald M., Political Interventions in U.S. Human Embryo Research: An Ethical Assessment, 38 Journal of Law, Medicine and Ethics 220 (2010).
Our most intense debates about human embryonic stem cell (hESC) research may be nearing an end. The March 9, 2009, executive order by President Barack Obama permitting the use of spare embryos makes available thousands of new hESC lines for research purposes. Recent developments in the area of induced pluripotency stem cell (iPSC) research also promise to ease the debate. Much research remains to be done, and the progress of iPSC research will surely suffer setbacks, but if this technology succeeds, there may no longer be a need to create new hESC lines from embryos or pursue therapeutic cloning research for the purpose of creating patient-specific hESC lines. Nevertheless, even if this 30-year period of obstruction and delay passes into history, its lessons must not be forgotten. This has been a period in which high-minded appeals to respect for religious sensitivities have often concealed positions driven by disrespect for the requirements of civil life in democracy. The lessons here are worth remembering. Since bioethical issues, from the beginning to the end of life touch on matters of great importance to religious communities, these conflicts will reappear. As they do, the challenge before all those engaged in debate is to identify which positions can and must be sustained by arguments from public reason alone. (Abstract excerpted from article)
Health Law/ Civil Rights
36. Greenhouse, Linda and Reva Siegel, Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court's Ruling (New York: Kaplan Pub., 2010).    WorldCat      [WCat]
The Supreme Court's 1973 decision in Roe v. Wade declared that the Constitution protected decisions regarding abortion---but the debate was far from over, continuing to be a political battleground to this day. In the decades since the case was decided, the American debate on abortion has moved away from the issues that the justices confronted more than three decades ago. Bringing to light key documents that illuminate the case and its political context, Before Roe v. Wade looks back and recaptures how the arguments for and against abortion took shape as claims about the meaning of the Constitution---and about how the nation could best honor its commitment to dignity, liberty, equality, and life.  Chronicling these voices, authors Linda Greenhouse and Reva Siegel attempt to show both sides of the abortion debate. The authors assemble statements from religious leaders, patients, obstetricians; a medical director of Planned Parenthood, members of the Zero Population Growth movement, as well as excerpts from Betty Friedan's campaign to equate abortion and civil rights and the voices of others on the front lines of the debate. (Abstract excerpted and modified from book)
Civil Rights/ Family Law
37. Gregory, David L. and Stephen Martir, The Catholicity of the Middle Class: Reflections on Caritas In Veritate, 24 Notre Dame Journal of Law, Ethics and Public Policy 379 (2010).
Gregory and Martir reflect on the Catholic social teaching embodied in Benedict XVI's encyclical Caritas in Veritate.  Progress is a problematic, debatable, and ambiguous notion. The twentieth century, for instance, was at once the most technologically advanced and the most murderous in human history. Now, at the beginning of the twenty-first, the pace of life globally is ever-accelerating, and is driven by many factors including, but also transcending, technology. Global developments are certainly beyond the limited capacity of any one nation state to control. Recognizing this, Pope Benedict, in Caritas in Veritate, echoes Pope Paul VI in calling for more effective public authority on a global basis. Whether through the United Nations (not likely, as currently situated) or otherwise, Pope Benedict understands that we will either move inexorably to a world community based on love, or otherwise fall further into the abyss of the culture of death. The stakes are that enormous. In the midst of this, the shredded middle class in the United States has much to gain, even more to lose, and, hopefully, even more to positively contribute. In this environment, Caritas in Veritate does not presume to prescribe any particular economic agenda. But as with all the great encyclicals, it provides an astute assessment of the human condition and of human aspirations. In so doing, it just might provide the catalytic motivation for a renewed and inspired labor movement, thereby bringing about a renewed rise of the middle class. (Abstract excerpted from article)
Catholic Social Teachings
38. Guinan, Patrick, Is Assisted Nutrition and Hydration Always Mandated? The Persistent Vegetative State Differs from Dementia and Frailty, 10 National Catholic Bioethics Quarterly 481-488 (2010).
Guinan discusses the controversy in the Catholic medical ethics community surrounding assisted nutrition and hydration (ANH). Recently, the Ethical and Religious Directives for Catholic Health Care Services were amended to make ANH "obligatory." The persistent vegetative state is cited specifically in the document, and the sentence following its mention states that ANH is "optional" when it cannot be expected to "prolong life" or when it would be "excessively burdensome." For patients suffering from other medical conditions, such as dementia and frailty, ANH may be excessively burdensome and may not prolong life. For these patients, ANH may be of no real benefit and may even have significant morbidity and mortality. Competent individuals with these conditions can ethically elect to forgo ANH, Guinan notes.  (Abstract excerpted and modified from article)
Civil Rights/ Health Law
39. Hollenbach, David, S.J., Editor, Driven From Home: Protecting the Rights of Forced Migrants (Washington D.C.: Georgetown University Press, 2010).    WorldCat      [WCat]
This book is the second phase of an ongoing project on the human rights of refugees and forcibly displaced persons conducted by the Center for Human Rights and International Justice at Boston College.  "Driven from Home" contributes to the discussion on how best to protect and assist the growing number of persons who have been forced from their homes and proposes a human rights framework to guide political and policy responses to forced migration, by bringing together twelve contributors from several disciplines, including international affairs, law, ethics, economics, and theology, to advocate for better responses to protect the global community's most vulnerable citizens.  Particularly notable are Silvano Tomasis' essay  "Human Rights as a Framework for Advocacy on Behalf of the Displaced: The Approach of the Catholic Church," and Christopher Llanos's essay, "Catholic Thought on the Moral Roots of the Distinction."
Immigration Law
40. Hutchison, Harry G., Putting the World Back Together? Recovering Faithful Citizenship in a Postmodern Age, 29 Mississippi College Law Review 149 (2010).
A review of Archbishop Charles Chaput's book, Render Unto Caesar.  As discussed in this Review, throughout Render Unto Caesar, Archbishop Chaput provides an interesting and generally well-argued narrative, which calls upon all Catholics to live lives of integrity by refusing to falsely divide the institutional church from the imaginary real church and to resist unreflective assimilation into American culture when such integration produces distortions in Catholic life. Moreover, he rightly critiques the indifference, institutionalism and lack of courage among bishops that led to the 2002 national sex-abuse crises and that intensified an erosion of lay confidence in the church. Thus, his claim that bishops must first seek holiness themselves and to then lead their people to that same holiness rings true. This admonition is reinforced by his poignant call to bishops to get to know their people, truly love their people and speak the truth with clarity and courage. Still, Hutchison argues, problems persist with Chaput's position.  (Abstract excerpted and modified from article)
Catholic Social Teachings/ Civil Rights
41. Johnson, Sandra F., The Catholic Bishops, the Law, and Nutrition and Hydration: An Historical Footnote, 19 Annals of Health Law 97 (2010).
Recently, the U.S. Catholic bishops released a directive (#58 of the Ethical and Religious Directives for Catholic Health Care Services (ERD 58)) concerning the moral obligation to provide nutrition and hydration to patients, including those in a persistent vegetative state. For many, the revision fits stereotypes of Catholic thought: its moral distinctions rest on the nature of the particular intervention involved; it requires sustaining life in the face of permanent unconsciousness as a commitment to the ultimate value of all human life; and it denies the moral significance of burdens carried by anyone other than the patient. For others, the directive departs significantly from central principles and decades of Catholic practice in end-of-life decision-making that has supported withdrawal of medically administered nutrition and hydration (MANH) for persistent vegetative state (PVS) patients. (Abstract excerpted from article)
Health Law
42. Joseph Isanga, Mulieris Dignitatem, Ephesians 5, and Domestic Violence: Grounding International Women's Human Rights, 8 Ave Maria Law Review 405 (2010).
This Article is structured as follows: Part I discusses the global problem of domestic violence and the lack of response from states; Part II focuses on the contribution of the Catholic Church regarding international human rights and the dignity of women as expressed in Mulieris Dignitatem; Part III discusses the norms and enforcement of women's rights with particular emphasis on the United Nations' Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) and the international instruments and precedents complimenting it; Part IV sets forth the Catholic Church's teaching on the dignity of the family and the general principles applicable to the issue of domestic violence; and Part V evaluates the international effort against domestic violence and how reservations to certain articles in CEDAW have inhibited the enforcement of women's rights. This Article concludes by calling for stronger domestic laws to protect women as well as increased efforts to educate the public on the inherent dignity of women. (Abstract excerpted from article)
Civil Rights/ Family Law
43. June Carbone, Naomi Cahn, Embryo Fundamentalism, 18 William and Mary Bill of Rights Journal 1015 (2010).
In this Article, we consider where such nascent regulatory efforts are likely to take us, examining in particular: 1. The differences in approaches to ART regulation involving fundamentalist principles, which treat embryos as humans from the moment of conception, versus more secular approaches that defer to the values of the progenitors; 2. The inherent tensions in a fundamentalist approach that encourages embryo transfer for reproductive purposes before working through the acceptability of IVF practices; 3. The potential for the creation of fundamentalist friendly ART regulation; 4. The likely impact of these differing approaches on the future development of the industry, given the ease of fertility tourism, cross-border clinic selection, and the recreation of political battle lines; and, 5. The potential redefinition of constitutionally protected reproductive rights and family integrity.  (Abstract excerpted from article)
Health Law/ Civil Rights/ Family Law
44. Leary, Mary G., Mulieris Dignitatem: Pornography and the Dignity of the Soul - An Exploration of Dignity in a Protected Speech Paradigm, 8 Ave Maria Law Review 247 (2010).
This Article uses Mulieris Dignitatem to examine the social problem of pornography through what the Article labels the “lens of dignity.” Part I of the Article explores Mulieris Dignitatem's statements regarding the inherent dignity of women and its implications on pornography. Part II examines the question of whether John Paul II's concerns have been borne out by looking at the social effects of pornography that have arisen under the “free expression” paradigm dominant in the American dialogue, concluding that the majority of the recent research on the current form of pornography does support the social harm concern. Part III contrasts the dignity approach with this “free expression” lens. In so doing, the Article examines whether in our jurisprudence there is a history of a dignity-based analysis. Part IV examines whether there is room in the free expression paradigm for the dignity of women to be considered. Part V concludes that true social change cannot occur through a shift in legal framework, but through a social paradigm shift.
CUA Law Faculty/ Civil Rights/ Constitutional Law
45. Lower, Michael, Employee Participation in Governance: A Legal and Ethical Analysis (Cambridge; New York: Cambridge University Press, 2010).    WorldCat      [WCat]
The rights of the employee and the themes of employee ownership and participation have been central, recurring themes as the body of Catholic Social Thought has developed. There is now a unified corpus of official Catholic teaching that focuses the resources of moral theology and natural law theory on the important social issues of the day such as this. The description and explanation of the essential elements of Catholic Social Thought and its relationship to these themes helps the reader think about the place of the corporation in the economy and whether British and European corporate governance and labour law do what they should to put the employee at the centre of corporate governance. (Abstract excerpted from article)
Corporations
46. Mengler, Thomas M., Why Should a Catholic Law School be Catholic?, 6 Journal of Catholic Social Thought 211-229 (2010).
Typically, Catholic law schools have described their Catholic nature by picking out a handful or more characteristics – e.g., dedication to social justice, pro bono service, diversity, and community – that are frequently associated with Catholic higher education. As Morey and Piderot, however, point out in their recent book, Catholic Higher Education: A Culture in Crisis, this approach does not distinguish Catholic law schools from their secular counterparts. This article takes a more fundamental approach, by asking a different question: Why should a Catholic law school be Catholic? Two reasons, which are truly distinctive to Catholic higher education, emerge: first, the integration of faith perspectives, especially Catholic intellectual and social thought, in faculty scholarship and throughout the law school curriculum; and, second, a pervasive commitment to the moral and spiritual formation of the young adults who make up the law school student population. The Catholic law school, grounded in a rich intellectual, ethical, and spiritual formation, seeks to prepare its students for purposeful lives as lawyers and to assist them in their life journeys from what Pope Benedict XVI calls the “I” to “We.”  (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Dimensions of Legal Education
47. Metzger, Edward L., III, Falling Fertility Rates: The Offspring of the Contraceptive Mentality, 24 Notre Dame Journal of Law, Ethics and Public Policy 425 (2010).
This Note examines the effects of falling fertility rates and highlights a few of the possible consequences of the expected population decline. Part III introduces the relevant demographic
issues, and explains how our population can temporarily grow despite decades of falling fertility rates. Part IV examines why fertility rates fall, and Part V analyzes the judicially-sanctioned activities that contribute to fewer childbirths. Part VI then considers options for boosting fertility rates in the United States. One possibility is a pronatalist revision of the tax code that would provide child-raising incentives for middle-class couples, many of whom now opt to amass wealth rather than raise large families. An alternative, though possibly concurrent solution, is an adherence to the precepts of the natural law as expounded by the Catholic Church in her papal encyclicals, Humanae Vitae and Evangelium Vitae, both of which promote childbirth. The Note then concludes with a call to action so that the United States might avert the coming dangers of population decline. (Abstract excerpted from article)
Taxation/ Family Law/ Civil Rights
48. Novoa, Ana M., Finding and Incorporating Spirituality in the Work of the Clinic, 7 Journal of Catholic Social Thought 407-438 (2010).
Novoa's paper attempts to examine how Catholic law schools might incorporate Catholic social teaching in clinical programs, through an examination of what is expected of lawyers as lawyers, members of the Church, and followers of Christ. Novoa also explores specific application through an examination of what St. Mary's University does within its clinical program, as well as what professors and clinicians would change or improve within the clinic.
Catholic Dimensions of Legal Education
49. Piatt, Bill, Catholicism and Constitutional Law: More Than Privacy In the Penumbras, 7 Journal of Catholic Social Thought 337-352 (2010).
In this article, Piatt suggests an approach to bringing Catholic social thought into Constitutional Law by discussing the debate surrounding abortion. Where the Supreme Court finds only privacy in the penumbras of total eclipse, Piatt outlines how we might help law students see something else - "the presence of the Divinity and an overarching set of moral values."  To this end, Piatt explores the interaction of five factors that help determine whether Catholic values can be integrated into the law school discussion: 1) Catholic values themselves, 2) the state of the law, 3) the perspective of the teaching materials, 4) the pre-receptiveness of the students, and 5) the professor's willingness to present students with the Catholic perspective.
Catholic Dimensions of Legal Education/ Constitutional Law
50. Rhonheimer, Martin, Ethics of Procreation and the Defense of Human Life : Contraception, Artificial Fertilization, and Abortion (Washington, D.C.: Catholic University of America Press, 2010).    WorldCat      [WCat]
Ethics of Procreation and the Defense of Human Life : Contraception, Artificial Fertilization, and Abortion brings together a collection of essays by Swiss Catholic philosopher Martin Rhonheimer on key contested questions of the ethics of procreation. Chapters include: Natural law and the Thomistic roots of John Paul II's ethics of human life -- Sexuality and responsibility: contraception as an ethical problem -- The post-conciliar state of the question on contraception: the encyclical, relevant case, arguments, and description of contraception -- Toward an adequate argument in support of Humanae Vitae: the necessary integration of anthropology, action theory, virtue, and natural law -- The use of contraceptives under threat of rape: an exception? clarifying a central teaching of Veritatis Splendor -- Injustices regarding human life: reproductive technology and abortion -- The instrumentalization of human life: ethical considerations concerning reproductive technology -- Human fetuses, persons, and the right to abortion: toward an absolute power of the born? -- The legal defense of prenatal life in constitutional democracies.
Health Law/ Civil Rights/ Family Law
51. Satkoske, Valerie B. and Lisa S. Parker, Emergency Contraception Policy: How Moral Commitments Affect Risk Evaluation, 9 Law, Probability and Risk 187 (2010).
Based on the beliefs that human life and pregnancy begin at conception, that human life has equal moral value regardless of its development stage or form, and that emergency contraception (EC) has mechanisms of action that may induce abortion, Catholic health care facilities are not permitted to provide EC to rape victims if any possibility exists that a woman may have conceived due to her rape, even if that possibility is unverifiable. The Catholic Church claims that the mechanism of action of EC is uncertain and that some studies have concluded that disruption of implantation, which the Church considers to be abortion, may occur. Drawing on insights from feminist epistemology (e.g. work by Helen Longino) and arguments at the intersection of bioethics and philosophy of science (including work by Robert Veatch and Grant Gillett), we argue that the Church's position on this matter is based on uncertain (and misinterpreted) scientific claims and that particular normative (moral and theological) commitments on the part of those wielding power over Church Law lead to a weighing of probabilities in a manner consonant with the preservation of that power. In this paper, we examine how normative commitments infuse or infect the assessment of probability and influence ethical policy. We also examine how probabilism, a moral method that operates within the constraints of Catholic normative commitments, offers an alternative approach which respects, acknowledges, and maximizes an individual's ability to determine probable reason for moral action in the face of irreducible uncertainty.
Family Law/ Civil Rights
52. Scarnecchia, D. Brian, Bioethics, Law, and Human Life Issues: a Catholic Perspective on Marriage, Family, Contraception, Abortion, Reproductive Technology, and Death and Dying (Lanham, Md.: Scarecrow Press, 2010).    WorldCat      [WCat]
Scarnecchia provides an overview of the Catholic Church's positions on key human life issues and the theological and philosophical principles which inform them.  Includes bibliographical references and index.;Introduction -- Part I: Christian moral principles -- Rational anthropology and the difference between persons and animals -- Human freedom and conscience -- The three moral determinants and doubts of conscience -- The principle of double effect and consequentialism -- Cooperation and scandal -- Virtues-natural and supernatural -- Sin and grace -- Revelation -- Part II: Bioethics in light of Christian moral principles -- Reproductive technologies -- Homosexuality and same-sex marriage -- Contraception -- Abortion -- Marriage and family -- End of life issues.
Catholic Social Teachings/ Family Law/ Health Law
53. Silecchia, Lucia A., Integrating Catholic Social Thought in Elder Law and Estate Planning Courses: Reflections on Law, Age, and Ethics SSRN logo SSRNcat, 7 Journal of Catholic Social Thought 353-405 (2010).
A course in elder law or estate planning encompasses many of the most profound issues that arise in human life: the contemplation of mortality, ambivalent attitudes toward property and its proper distribution, complexities in family relationships, obligations to support loved ones, anticipation of physical or mental challenges, and reflections on one’s desired legacy to loved ones. Although there is much in the Catholic tradition and in the Scriptures themselves that speaks to these questions in an indirect way, this has not often been fully explored because this field may not, on its face, have an obvious connection to religious tradition. Silecchia argues that there are two distinct areas in which teachers in this field may draw on core principles of Catholic social thought to deepen the understanding that they and their students might have about these rich connections.  The first part of this article explores how attorneys can find guidance from Catholic social thought on issues that may arise as they advise individual clients on estate matters. Here, notions of responsible stewardship, familial obligations, the proper formation of one’s legacy, and medical planning raise important ethical questions at the individual level, as attorneys assist clients in developing their estate plans. In addition, Silecchia's reflections in this first part address the ways in which elder law practice provides a unique setting for law practice as a form of ministry. Unfortunately, lawyers engaging in elder law and estate planning practices are frequently and disproportionately the subject of serious ethical charges, given the temptations that they face and the particular vulnerabilities of those they serve. In this context, Silecchia reflects on what Catholic social thought may bring to the attorney’s understanding of the professional role.  The second part of the article offers brief reflections on how Catholic social thought may contribute to some of these broader public policy discussions as our society considers how best to meet the needs of our elders. (Abstract excerpted in whole or part from the Social Science Research Network)
CUA Law Faculty/ Family Law/ Health Law/ Catholic Dimensions of Legal Education
54. Spaht, Katherine Shaw, Mulieris Dignitatem: The Vocation of a Wife and Mother in a Legal Covenant Marriage, 8 Ave Maria Law Review 365 (2010).
The obligations and rights of a wife and mother in a Louisiana covenant marriage coincide with the description in Pope John Paul II's apostolic letter Mulieris Dignitatem of a woman's avocation of motherhood in marriage. Part I of this Article outlines the distinguishing features unique to covenant marriage. Part II of this Article compares marriage understood as a covenant in the legislation described in Part I and marriage as presented in Mulieris Dignitatem. Part III of this Article discusses the results of a 2008 study showing that a wife and mother in a covenant marriage lives for the most part in accordance with the description of her vocation as wife and mother in Mulieris Dignitatem. This result is no accident. Covenant wives participating in the study overwhelmingly were religious and educated. In most cases, the covenant couples also received encouragement from their pastors and priests to choose the legal option of a covenant marriage.
Family Law
55. Stabile, Susan J., An Effort to Articulate a Catholic Realist Approach to Abortion, 7 University of Saint Thomas Law Journal 340 (2010).
The primary purpose of this paper is to attempt to examine whether it is possible to articulate a Catholic realist approach to abortion that might help advance public debate on the issue. What prompts this effort is the recognition, which seems to be increasingly shared by many, that we need to find some way to move the abortion debate forward by trying to find “common ground” between what have become, over time, very polarized positions on this issue. The term “common ground” is one that has been bandied about a lot since the last presidential election, with respect to abortion and other issues, such as health care. I recognize that not everyone is convinced that everyone else who uses the term is, in fact, sincere about finding ground that is really common. Nonetheless, the reality is that we must find a way to move the discussion of abortion forward in a constructive way. (Abstract excerpted from article)
Civil Rights/ Family Law
56. Stabile, Susan J., Vocation, Formation and the Next Generation: The Role of Catholic Law Schools in Light of Catholic Social Thought, 7 Journal of Catholic Social Thought 439 - 466 (2010).
Stabile identifies two separate aspects  to what is distinctive about a Catholic law school as opposed to a secular one - one having to do with formation and one having to do with the transmission of the Catholic intellectual tradition.  The focus of Stabile's article is on the first of these distinctive aspects of Catholic legal education, addressing the question of how Catholic social thought informs (or should inform) our thinking about the foundation role of Catholic law schools.  Stabile argues that from the perspective Catholic social thought, Catholic law schools must do more than merely train students to practice law. She suggests some different ways in which this formation can and should take place, and identifies challenge that Catholic law schools will face in carrying them out.
Catholic Dimensions of Legal Education
57. Tonti-Filippini, Secularism and Loss of Consensus about the Diagnosis of Death, 10 National Catholic Bioethics Quarterly 491-514 (2010).
This paper explores the determination of death as it pertains to ethical decisions about organ and tissue donation. The Church holds that death can be diagnosed on the basis of evidence showing the complete cessation of all brain function and the corresponding loss of integration of the body. On the basis of evidence presented by D. Alan Shewmon and others, influential secular bodies have rejected the integrationist view, arguing instead for a much more liberal view that a loss of spontaneous breathing and loss of consciousness are sufficient for a diagnosis of death; that is, some brain function may continue after death. New laws and guidelines in various countries are based on this mode-of-being view. The author defends the Church's integrationist view, arguing that loss of all brain function means loss of integration in the intercommunicative sense that pertains to the separation of the life principle, or soul, from the body in death.   (Abstract excerpted from article)
Civil Rights/ Health Law
58. United States Conference of Catholic Bishops, Statement on the DREAM Act by Archbishop Jose Gomez (2010).     http://www.justiceforimmigrants.org/documents/AB-gomez-dream-act-statement.pdf
Statement by Archbishop Jose Gomez (Coadjutor archbishop of Los Angeles) on behalf of the USCCB urging passage of the DREAM Act.
Immigration Law/ Catholic Social Teachings/ Bishops' Statements
59. Vischer, Robert K., When is a Catholic Doing Legal Theory Doing Catholic Legal Theory?, 40 Seton Hall Law Review 845 (2010).
This essay is based on a presentation at Seton Hall’s conference, “Religious Legal Theory: The State of the Field” in November 2009. Vischer asks: "What does it mean for me to be a Catholic doing legal theory, even when I am not self- consciously trying to do “Catholic legal theory?”" One simple response, he suggests, is methodological: "I might be describing the Christian tradition, I might be proclaiming its truth, I might be speaking prophetically to power, or I might be speaking pragmatically about reasonably debatable methods by which to cultivate the common good. At different points, if I want to contribute to the full flowering of the Catholic legal theory project, I hope that I do all of these." At a deeper level, Vischer contends, articulating what he does as a Catholic legal scholar must also account for what he does as a legal scholar. Vischer articulates his concern that the religious label, especially the Catholic label, will be an easy way to pigeon-hole him and more easily dismiss his opinions as pre-ordained conclusions dictated by his Catholic faith tradition, rendering them less authentic and even less human. In reality, Vischer contends, his faith should be the impetus to delve even more deeply into the heart of what it means to be human, to grapple unflinchingly with the reality of our existence. Vischer concludes that the Catholic legal theory project has much to contribute to legal scholarship, starting with the anthropological question of what it even means to be human. (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Social Teachings/ Jurisprudence
60. Wagner, William J., Unlocking Catholic Social Doctrine: Narrative as Key, 7 Journal of Catholic Social Thought 289-314 (2010).
Wagner contends that the pragmatic pressures of contemporary circumstances that lead to Catholic social doctrine to being strongly emphasized in Catholic law schools should not be permitted to create a doctrinal hegemony  severing doctrine from the contextualization from which it draws its meaning. Catholic social doctrine depends, for its truth and coherence,, on its relation to both philosophical and technological understanding and to a larger narrative.  Wagner proposes that respect for narrative ground, context and framework "unlocks" Catholic social doctrine, allowing access to its normative content both in se and for the purposes of application on contemporary issues in political and legal theory and of law and public policy.
CUA Law Faculty/ Catholic Dimensions of Legal Education
61. Zaborowski, Holger, Studies in Philosophy and the History of Philosophy, in Natural Moral Law in Contemporary Society (Washington, D.C: Catholic University of America Press, 2010).    WorldCat  [WCat]
Natural law is a controversial subject but one of great significance in the ongoing and increasingly important discussion about the foundations of moral reasoning. The essays of this volume examine natural moral law, different natural law theories, and the role that natural law can and should play in our contemporary society. While some essays explore systematically the metaphysical and moral foundations of natural law, others focus on questions related to the application of natural law in the political, medical, or legal realm, or discuss historical questions that are closely related to the crisis and defense of natural law. All contributors agree that natural law is a concept that cannot and must not be dismissed and that is in need of a careful retrieval. While there are clearly differences in emphasis among the contributors, most of them also agree that the defense of natural law, the critique of the modern dismissal of natural law and of a modern non-teleological understanding of nature, and the proper use of philosophical reasoning are all closely related. The book continues the ongoing Studies in Philosophy and the History of Philosophy series.
Jurisprudence
62. Zieba, Maciej, Papal Economics: The Catholic Church on Democratic Capitalism, from Rerum Novarum to Caritas in Veritate (Washington, DC: ISI Books, 2010).    WorldCat      [WCat]
Polish Dominican scholar Maciej Zieba examines the each of the Church's social encyclicals from Leo XIII's Rerum Novarum to Benedict XVI's Caritas in Veritate, focusing on their understanding of property and how it informs a Catholic understanding of economics.  Zieba notes both continuity and development over this period of Catholic social teaching, especially as it relates to its evaluation of socialism.
Property/ Corporations/ Jurisprudence/ Catholic Social Teachings
63. Glenn, H. Patrick, Tradition in Religion and Law, 25 Journal of Law and Religion 503 (2009-2010).
To what extent can human legal thought be encompassed by the divine and share its character, or alternatively, stand free of the divine and constitute an autonomous field of normativity? Answers to these large questions may understandably differ, yet answers appear both necessary and important. The debate, Patrick argues, turns around the notion of tradition. Tradition, however, has been subject to a variety of understandings. It may even be an "essentially contested concept."'  Its acceptance in religion has important consequences for its acceptance in law. At the other end of a spectrum, one finds resistance to tradition, as it is understood, in both law and religion. Yet this end of the spectrum is not characterized, Patrick argues, by the absence of tradition, but rather only by its restraint. The resistance to tradition is thus never entirely successful, yet it has unquestionable influence on the ongoing experience of both law and religion.  Patrick discusses the role of tradition as a source for Catholic doctrine in general and Catholic social teaching in particular.
Civil Rights
64. Michael, Gabriel J., Catholic Thought and Intellectual Property: Learning from the Ethics of Obligation, 25 Journal of Law and Religion 415 (2009-2010).
This article contends that the institution of intellectual property, particularly in the area of patent law and policy, fails to adequately articulate the ethical obligations of intellectual property holders. By drawing on the numerous resources regarding the ethical obligations of property holders present in the Catholic tradition, the article seeks to determine the obligations of intellectual property holders towards others, particularly in the context of ensuring widespread access to essential medicines. The only way to ensure a just and ethically defensible institution of intellectual property is for policymakers, government officials, and those in the legal profession to consider seriously the ethical obligations of intellectual property holders, and to allow those obligations to inform their decision making. (Abstract excerpted from article)
Property/Intellectual Property
65. Abrams, Paula, Cross Purposes: Pierce v. Society of Sisters and the Struggle Over Compulsory Public Education (Ann Arbor: University of Michigan Press, 2009).    WorldCat      [WCat]
Abrams' book treats the history and constitutionality of compulsory public education.  In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court.  In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state.
Constitutional Law/ Civil Rights/ Family Law
66. Alvare, Helen M., Communion or Suspicion: Which Way for Woman and Man?, 8 Ave Maria Law Review (2009).
Authoritative and prolific teachings of the Roman Catholic Church have proposed a model for intimate heterosexual relationships between men and women which might be called the “communion and mutual service model.” This model is grounded in an anthropology of both sexes based upon humanity’s creation in a Trinitarian God’s image and likeness. It consequently understands man and woman as radically equal, and inherently social. It also views sexual differences as oriented to interpersonal communion. In this view, however, heterosexual relations suffer a hereditary brokenness as a consequence of original sin; each sex manifests this differently and in relation to the other. The Church proposes finally that Christ’s life, death, and resurrection show humanity the way of triumph over broken love. For intimate heterosexual pairs, that way requires “finding oneself by losing oneself.” A competing model, the “suspicion model” of intimate heterosexual relations - reacting to past or ongoing situations of oppression, discrimination, or even violence against women – neglects attention to the equality of males, despairs of securing male commitment to spouses or children, and often seeks a strict equality of functional outcomes for both sexes.  Family law in the United States is currently grappling with questions that engage the anthropological issues raised by both models, including but not limited to: marriage stabilization efforts, divorce law reform, same-sex marriage and fatherhood initiatives. This paper sets forth the elements of the communion and mutual service and the suspicion models of male-female relationships. It describes and compares secular models of intimate heterosexual relationships currently proposed by scholars of law and/or religion, which models overlap with the communion and mutual service model. Finally, it considers how the communion and mutual service model might correct and illuminate the suspicion model while supporting particular directions in a variety of controverted laws affecting heterosexual, intimate relationships. (Abstract excerpted in whole or part from the Social Science Research Network)
Civil Rights/ Family Law
67. Benedict XVI, Pope (Joseph Ratzinger), Encyclical Letter Caritas in Veritate (Charity in Truth) (San Francisco: Ignatius Press, 2009).     http://www.vatican.va/holy_father/benedict_xvi/encyclicals/documents/hf_ben- xvi_enc_20090629_caritas-in-veritate_en.html
Benedict XVI's third encyclical and first on social teaching of the Church.  The encyclical takes up the specific themes of Paul VI's Populorum Progressio and focuses on global development and problems entailed with it.  Benedict XVI refrains from offering specific solutions, but instead offers moral principles which should inform such solutions.  Chapter 4 also addresses the environmental impact of energy resource extraction and utilization.
Papal Teaching Documents/ Catholic Social Teachings/ Environmental Law
68. Benedict XVI, Pope (Joseph Ratzinger), General Audience: 16 December 2009 (2009).     http://www.vatican.va/holy_father/benedict_xvi/audiences/2009/documents/hf_ben-xvi_aud_20091216_en.html
Pope Benedict briefly reflects on the medieval philosopher John of Salisbury, whose two great works the Metalogicon and the Policraticus provide guidance to political action.  According to Benedict XVI, the central thesis of the Policraticus is that there exists “an objective and immutable truth, the origin of which is in God, a truth accessible to human reason and which concerns practical and social activities. This is a natural law from which human legislation, and political and religious authorities, must draw inspiration in order to promote the common good. The Pope closes by making connections to his recent encyclical letter, Caritas in Veritate.
Papal Teaching Documents/Catholic Social Teachings
69. Benedict XVI, Pope (Joseph Ratzinger), Message of his Holiness Pope Benedict XVI for the Celebration of the World Day of Peace (Jan. 1, 2010) (2009).     http://www.vatican.va/holy_father/benedict_xvi/messages/peace/documents/hf_ben-xvi_ mes_20091208_xliii-world-day- peace_en.html
This document is the most complete, comprehensive, and summarized position that the Catholic Church has issued on the environment.
Papal Teaching Documents/Environmental Law
70. Bold, Fredric J, Jr., Vows To Collide: The Burgeoning Conflict Between Religious Institutions and Same-Sex Marriage Antidiscrimination Laws, 158 University of Pennsylvania Law Review 179 (2009).
Part I discusses why marriage is a fundamentally religious--not just social or political--issue on which religious institutions have a particularly justifiable desire to advance and protect their theological viewpoint. Part II emphasizes the breadth of religious activity in the United States as a prelude to revealing the particular ways in which same-sex antidiscrimination laws pose serious challenges to dissenting religious institutions; contrary to the position of the state supreme courts of California and Massachusetts, the challenge is real and pervasive. Part III briefly examines the Free Exercise Clause from one conceptual perspective and concludes in light of recent jurisprudence--quite ironically to anyone unfamiliar with Free Exercise case law--that a stronger defense for dissenting religious institutions likely resides elsewhere. Finally, Part IV articulates the expressive association doctrine of the First Amendment and, through application to the pending Ocean Grove case, argues that this doctrine provides a more robust defense for religious institutions seeking to avoid endorsing same-sex marriage despite the presence of same-sex antidiscrimination laws. (Abstract excerpted from article)
Family Law/ Civil Rights
71. Botham, Fay, Almighty God Created the Races: Christianity, Interracial Marriage, & American Law (Chapel Hill: University of North Carolina Press,, 2009).    WorldCat      [WCat]
Botham argues that divergent Catholic and Protestant theologies of marriage and race, reinforced by regional differences between the West and the South, shaped the two pivotal cases that frame this volume, the 1948 California Supreme Court case of Perez v. Lippold (which successfully challenged California's antimiscegenation statutes on the grounds of religious freedom) and the 1967 U.S. Supreme Court case Loving v. Virginia (which declared legal bans on interracial marriage unconstitutional). Botham contends that the white southern Protestant notion that God "dispersed" the races, as opposed to the American Catholic emphasis on human unity and common origins, points to ways that religion influenced the course of litigation and illuminates the religious bases for Christian racist and antiracist movements.
Family Law
72. Breen, John M., Neutrality in Liberal Legal Theory and Catholic Social Thought, 32 Harvard Journal of Law and Public Policy 573- 83 (2009).
Part I of this Article sets forth the four varieties of liberal neutrality Altman identifies, namely, what he calls “rights neutrality,” “epistemological neutrality,” “political neutrality,” and “legal neutrality.” Part II sets forth in detail how Catholic social teaching regards each of these kinds of neutrality. On the practical level--with respect to the existence and enforcement of legal rights, the structures of democratic government, and the need for an independent and unbiased judiciary--Catholic social thought and liberal theory have much in common. They often differ, however, with respect to the reasons that support and justify these well-established features of the modern state. Moreover, as might be expected, the theoretical foundations of Catholic social teaching that challenge the underlying premises of liberal theory also have practical consequences--consequences that this Article will explore in the pages that follow. (Abstract from article)
Catholic Social Teachings/ Jurisprudence
73. Brennan, Patrick McKinley, Equality, Conscience, and the Liberty of the Church: Justifying the Controversiale Per Controversialius, 54 Villanova Law Review 625 (2009).
Relying on the work of 20th century Catholic Thomistic philosopher Jacques Maritain, Brennan takes issue with Martha Nussbaum's espousal of "political liberalism," in her work Liberty of Conscience: In Defense of America's Tradition of Religious Equality, in which Nussbaum seeks to justify pluralism, but this time on grounds that should be acceptable to all.  Brennan argues that the institutions created by the founders have a religious content, not merely an ethical content.  Instead, Brennan poses a series of questions and develops clear answers to each: "Does the authoritative tradition of interpretation of the U.S. Constitution postulate and give effect only to  "principles that all can share?" Can one say simpliciter that those charged with the authoritative interpretation of our Constitution are working in pure of principles that not all can embrace? The answer is plainly no, as Nussbaum's own indictments of the ongoing tradition confirm. My concern in this paper is not with this descriptive question, but with the normative question that ensues: Should they be? Should those charged with the authoritative implementation of our Constitution be giving it effect according to principles that all can share? The answer, I shall argue, is also no. "The hope" should not be your hope." (Part of the John F. Scarpa Conference on Law, Politics, and Culture)
Jurisprudence/ Constitutional Law/ Civil Rights
74. Brennan, Patrick McKinley, Differentiating Church and State (Without Losing the Church), 7 Georgetown Journal of Law & Public Policy 29-50 (2009).
There is an ongoing debate about whether the U.S. Constitution includes - or should be interpreted to include - a principle of church autonomy. Catholic doctrine and political theology, by contrast, clearly articulated a principle of libertas ecclesiae, liberty of the church, when during the nineteenth and early twentieth centuries the Church differentiated herself from the state. This article explores the meaning and origin of the doctrine of the libertas ecclesiae and the proper relationship among churches, civil society, and government. In doing so, it highlights the points at which church and state should cooperate and the points at which mutual assistance would be ultra vires.   (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Social Teachings/ Civil Rights/ Constitutional Law
75. Catholic Legal Immigration Network, Representing Clients in Immigration Court (Washington, D.C.: American Immigration Lawyers Association, 2009).    WorldCat      [WCat]
CLIN's book examines the elements of immigration court proceedings and the options available to immigrant clients. It covers grounds of deportability and inadmissibility, contesting removability, adjustment of status, waivers of inadmissibility and deportability in removal proceedings, cancellation of removal, voluntary departure, administrative/judicial review of removal orders, and other subjects related to immigration procedure.
Immigration Law/
76. Cordes, Paul Josef, Editor, Where Are the Helpers?: Charity and Spirituality (Notre Dame, Ind.: University of Notre Dame Press, 2009).    WorldCat      [WCat]
Cordes assembles a series of essays on the Christian understanding of charity, and how it informs public policy.  Essays include: A glimpse of heaven by Paul Josef Cordes; On the encyclical God is love by Pope Benedict XVI; Religion: the Cinderella of charitable programs by Paul Josef Cordes; Concepts of anthropology and motivation by Udio Di Fabio; Working in the name of the Christian faith by Paul Josef Cordes; I want to be with you: witnesses of engagement worldwide presented by Alexander Smoltczyk, [et al.]; A paradigm shift : the aims of caritas and its agents /by Paul Josef Cordes; Loopholes in the law: where is caritas in canon law? by Paul Josef Cordes; The church, love, and power by Manfred Lütz; and The American proposition and the future of Catholic charity by Charles J. Chaput.
Catholic Social Teachings
77. Cunningham, Lawrence S., Intractable Disputes About the Natural Law: Alasdair MacIntyre and Critics (Notre Dame, Ind.: University of Notre Dame Press, 2009).    WorldCat      [WCat]
This book is an evaluation and critique of 'new natural law', a school of thought first advanced by Germain Grisez and ostensibly based on the work of Thomas Aquinas. Members of this school, in particular John Finnis and Robert George, have prominently defended conservative moral views about sexuality (in particular, about lesbian and gay and 'non-marital' heterosexual sexual activity) and gender (in particular, about contraception and abortion), and have presented their arguments as being of a secular rather than doctrinal character.  Bamforth and Richards argue that the new natural lawyers' views - which were advanced before the U.S. Supreme Court in Lawrence vs. Texas (concerning decriminalization of gay sex) - are neither of a secular character nor properly consistent with the philosophical aims of historical Thomism. Instead, their positions concerning lesbian and gay sexuality, contraception and abortion serve as a defense of the conservative doctrinal stance of the Papacy - a stance now properly rejected by many thoughtful Catholics. The book suggests that the new natural lawyers' arguments are rooted in an embattled defense of the highly patriarchal structure of Catholic religious authority, and as such are unappealing in a modern constitutional democracy. Alternative interpretations of Christianity, not flawed in the way that new natural law is, are both possible and more constitutionally acceptable. (Publisher abstract)
Catholic Social Teachings/ Health Law/ Family Law
78. Ellinghausen, Don, Jr., “In Standing is the Preservation of His World": Justice Scalia and the Varieties of Natural-Religious Experience, 16 Missouri Environmental Law and Policy Review 474 (2009).
Many conservative jurists, notably Supreme Court Justice Antonin Scalia, envision themselves as Judeo-Christian stalwarts fending off a pernicious, pervasive secularism. Yet their recourse to “traditional religious values” often appears as opportunistic as their applications of textualism or originalism, and nowhere is this disparity more evident than in Justice Scalia's response to environmental plaintiffs. Although his dismissal of Native American sacred land concerns reflects a greater lack of appreciation and respect in contemporary culture, his intransigent resistance to ecological realities now swims against a current of renascent ecological conscious-ness in mainstream religions and his Roman Catholic faith in particular. His pre-Vatican II Weltanschauung reflects an anachronistic, anti-scientific bent woefully out of step with both modern science and contemporary faiths. This essay will examine the roots of his philosophy, the emerging ecumenical environmentalism that challenges it, and the consideration that judicial conservatives may be in thrall to a new “world religion”--the market--at the expense of a divinely-inspired earth. It will reveal that, as Aldous Huxley observed, “The best that can be said for ritualistic legalism is that it improves conduct. It does little, however, to alter character and nothing of itself to modify consciousness.” (Abstract excerpted from article)
Environmental Law
79. Elshtain, Jean Bethke, International Force as Equal Regard and the Use of Force: Are We Fighting for the Same Things?, 3 Journal of Law, Philosophy and Culture 319-334 (2009).
This article was contributed as part of the 2009 CUA symposium, A Common Morality for the Global Age: In Gratitude for What We are Given. Elshtain develops an argument for international justice construed as the equal claim to the use of coercive force deployed in one's behalf if one is a victim of one of the egregious horrors attendant upon political instability. Elshtain assumes that to trigger this claim, substantial grievances must have come into existence that are of a systematic and continuing sort. Moreover, the force to be brought to bear in such cases is to be lodged within a structure of restraints that Elshtain attempts to spell out. Elshtain sees the vindication of the claim as an essential dimension of making credible the possibility of a common morality, worthy of the name, and, as such, to be a response, therefore, to Pope Benedict XVI's case for the recognition of a common morality as entailed in a genuine acknowledgment of the gift of life. Elshtain argues that we require a new standard of justice, one in which a nation's claim to the use of coercive force in behalf of those in its care other than its own citizens where they have been victims of systematic violence and repression is a central feature of a more just international order.
Catholic Social Teachings/ Jurisprudence/ International Law
80. Fedoryka, Damian P., The Demise of Capital Punishment in the Culture of Death and the Relationship Between Pain and Punishment, 7 Ave Maria Law Review 527 (2009).
In order to understand why capital punishment is not intrinsically wrong, and why it is misunderstood in a consumer culture or “culture of death,” it is necessary to understand the nature and purpose of punishment. Part I of this Essay introduces a systematic distinction between two roles of punishment, namely, punishment as the restoration of the “just order” and punishment for the sake of deterrence or defense. It also discusses the relationship between guilt, punishment, and sanctions in the law. Part II outlines some fundamental presuppositions for establishing the primary meaning of the punishment of persons, the penal dimension of punishment, and why punishment should not be imposed purely for reasons of deterrence. These presuppositions are the notions of sovereignty understood as a kind of an ownership that is grounded in “the good,” and the metaphysical meaning of death. Part III explores the notion of human dignity in modern consumer culture and its attitude toward pain. Part IV continues the task of examining the intrinsic connection between pain and the penal character of punishment by a systematic contrast between the pain of separation from “the good” on the part of the innocent and the pain accompanying a rejection of “the good” on the part of the guilty. Part V focuses on the public dimension of crime and the proper characteristics of punishment that “fit” the crime. Part VI applies the discussion of pain and punishment to capital punishment, considers the public nature of this punishment, and explains the role of public authority as grounded in a sovereignty that is over, but transcendent to, the human being. (Abstract excerpted from article)
Criminal Law and Procedure
81. Flaspohler, Frank, All Who Live In Love, 11 Loyola Journal of Public Interest Law 87 (2009).
In my conclusion, I will explain why I believe the Court should ensure access to marriage for homosexual couples and how the Church can better develop a theology of sexuality that truly appreciates sexual orientation as an integral aspect of the human person created in the divine image. Given these goals in both law and theology, this paper will consider the institution of marriage in light of the continuing debate over same-sex marriages, in its historical development, in its present form and in the possibilities for a better understanding in the years ahead. Part I will specifically focus on the historical development of marriage, a history that cannot be easily separated into religious and secular distinctions. Part II will explore the current practices of marriage as they apply to same-sex partners, both in the secular legal system of the United States, and in the current teachings of the Roman Catholic Church. Part III will provide an overview of some commentators who have considered the possibility of same-sex marriages and how those unions might affect the current understandings of constitutional law and Catholic Christian theology. Finally, Part IV will conclude with some personal reflections on homosexuality based on my own experience of legal studies and Christian ministry. (Abstract excerpted from article)
Civil Rights/ Family Law/ Constitutional Law
82. Fonseca, Ysmael D., The Catholic Church's Obligation to Serve the Stranger in Defiance of State Immigration Laws, 23 Notre Dame Journal of Law, Ethics and Public Policy 291 (2009).
Part I of this Note will explore the basis of the Catholic Church's obligation to serve immigrants and why this obligation supersedes the Church's duty to obey the law of a state. Part II will then discuss states' illegal immigration laws as a response to the federal government's failure to enact comprehensive reform and how these laws are a threat to the Catholic Church. Part III will then analyze viable legal solutions that the Catholic Church may seek under the Free Exercise Clause of the Constitution and under the Religious Freedom Restoration Acts of particular states. (Abstract excerpted from article)
Catholic Social Teachings/ Immigration Law/ Civil Rights
83. Frick, Marie-Luisa, Andreas Oberprantacher, editors, Power and Justice In International Relations: Interdisciplinary Approaches to Global Challenges (Burlington, VT: Ashgate, 2009).    WorldCat      [WCat]
Frick and Oberprantacher assemble a series of essays on the nature of justice in international relations. Essays include: Foreword, Marie-Luisa Frick and Andreas Oberprantacher; Introduction: a man and his quest for global justice, Chandra Muzzafar; Part 1 Power Unleashed? The Use of Force in International Relations and the Future of International Law: From a unipolar to a multipolar world: a post-Bush US presidency for a post-Western world, Anthony Carty; Did Captain America kill international law?, Chin Leng Lim; Opting for truth: the Roman Catholic Church in international affairs, Jodok Troy; Difference arguments in international law and relations, Sienho Yee. Part 2 Conceptual Disputes in Contemporary International Law: Peace through law revisited: Kelsen's vision of international law at the beginning of the 21st century, Andreas Th. Müller; Post-bellum war crimes tribunals and contemporary international law: adjudging state responsibility and 'war guilt' issues, Edward McWhinney; The concept of human security: does it add anything of value to international legal theory or practice?, Lyal S. Sunga. Part 3 Knowledge Production and Epistemic Violence in International Relations: The epistemic violence of the international security system in Africa, Belachew Gebrewold; Human rights and the challenges of intercultural dialogue in the 21st century: a perspective from sub-Saharan Africa, Michael O. Maduagwu; Overcoming cover-science in Latin American social sciences and humanities – an intervention, Johannes Maerk; The tyranny of the status quo: economic modeling, economic policy paradigms, and the financial crisis, Jesús Crespo Cuaresma. Part 4 Global Social Justice and the Question of Power: International economics and the question of power: a manifold but obscured relationship, Andreas Exenberger; Was Marx right after all? A critical analysis of the global financial crisis, Elmar Altvater; Capitalism vs. ecology: nature, too, expects justice!, Türkkaya Ataöv; Cooperation and global public goods: aspects of fairness in international relations, Ulrich Metschl.
International Law
84. Frohnen, Bruce and Kevin Lee, Lawyers, Loyalty, and the Question of Citizenship: Perspectives from the Classroom and from Catholic Social Thought, 6 Journal of Catholic Social Thought 417-448 (2009).
The Carnegie Foundation for the Advancement of Teaching’s 2007 report titled Educating Lawyers (the 'Carnegie Report') notes the failure of American law schools to prepare lawyers to act as good citizens of our democratic society. This essay relates the experience of two law professors in attempting to address this issue. It begins by pointing out the importance of this aspect of legal education, and then proceeds to report on two classes, one taught by each of professor, that attempts to address the question of lawyerly citizenship on the basis of somewhat divergent theoretical and pedagogical inclinations and concerns. It relates this experience to the teaching of citizenship provided by Catholic Social Thought: a full, proper understanding of the nature and purpose of the state. Because the state orders the associations of society and the loyalties of citizens, it in important ways defines citizenship in theory and practice. Thus, a perspective informed by Catholic Social Thought on the service function of the state provides a framework for ordering the duties and loyalties of the ethical attorney.
Catholic Dimensions of Legal Education
85. Gaay Fortman, Bastiaan de, Kurt Martens, and Mohamed Abdel Rahim M. Salih, Hermeneutics, Scriptural Politics, and Human Rights: Between Text and Context (New York: Palgrave Macmillan, 2009).    WorldCat      [WCat]
Essays include: Introduction M. A. Mohamed Salih Bas de Gaay Fortman Kurt Martens 1; Hermeneutics, Communities of Readers, and Context; Religious Identity, Differences, and Human Rights: The Crucial Role of Hermeneutics M. A. Mohamed Salih Bas de Gaay Fortman 21; Islamic Texts, Democracy, and the Rule of Law: Toward a Hermeneutics of Conciliation Salman Haq 37; Interpretation in Canon Law: Faith or Reason? Phillip J. Brown 53; Judicial Textualism: An Analysis of Textualism as Applied to the United States Constitution Herman Philipse 69; Arbitrary Readings? Christianity and Islam as Capricious Hermeneutic Communities Karel Steenbrink 81; Changing Hermeneutics in Reading and Understanding the Bible: The Case of the Gospel of Mark Geert van Oyen 99; Hermeneutics, Religious Freedom, and Exclusion; The Qur'an and Religious Freedom: The Issue of Apostasy Ali Mirmoosavi 125; Dignitatis Humanae: A Hermeneutic Perspective on Religious Freedom as Interpreted by the Roman Catholic Church Kurt Martens 143; Strangers and Residents: The Hermeneutic Challenge of Non-Jewish Minorities in Israel Deborah Weissman 163; Religious Texts as Models for Exclusion: Scriptural Interpretation and Ethnic Politics in Northern Nigeria Niels Kastfelt 185; In the Name of Allah: Jihad from a Shi'a Hermeneutic Perspective Seyed Sadegh Haghighat 205; Views on Women in Early Christianity: Incarnational Hermeneutics in Tertullian and Augustine Willemien Otten 219; Women's Rights and the Interpretation of Islamic Texts: The Practice of Female Genital Mutilation Isatou Toutay 237
Civil Rights/ International Law
86. Gotcher, Robert F., Invective, Irony, Sarcasm and Other Negative Tropes in Pro-Life Rhetoric, 3 University of St. Thomas Journal of Law & Public Policy 26 (2009).
Gotcher examines the role of political rhetoric in the formulation of abortion law.  He begins by asking a series of questions, especially where labels like "pro-abort" are used. What is the value of polemics in general, invective and irony in particular, in human interaction, church life, and evangelization? Is there a time and a circumstance where negative rhetoric is useful? Where invective in appropriate? Where irony, or even sarcasm helps promote the Gospel of Life? If invective is useful, to what degree? What are the rules? How do you know? Do we draw the line at the other person taking offense? Why or why not?  In order to begin to answer these questions, Gotcher looks at the current trend toward negative rhetoric in our culture, then at the use of negative rhetoric in the pro-life movement. Next, I will conduct a standard moral analysis of the object, intent, and circumstances when using negative rhetoric helps distinguish between sinful and non-sinful uses of such rhetoric. Finally, looking at the question from a personalist perspective, focusing on the spiritual impact negative rhetoric has on the acting person, Gotcher draws some preliminary conclusions, suggesting that we should be extremely cautious in using even legitimate negative rhetoric in any public forum, and, for the sake of our own souls, even be cautious in our more private interactions and in our own interior discourse.  Gotcher engages both Scriptural and Catholic sources of moral authority.
Civil Rights/ Family Law
87. Govern, Kevin H., Fidelity  and Fairness: Mulieris Dignitatem's Wisdom Relating to Marital Commitments, Covenants, Contractual Relationships and the Roman Catholic Church, 10 Rutgers Journal of Law & Religion 13 (2009).
This note will illuminate the clarity, wisdom, and beauty expressed in the Roman Catholic Church's magisterium relating to marital commitments, covenants, and contractual relationships, so inspirationally expressed by His Holiness Pope John Paul II some twenty years ago in his Apostolic Letter - Mulieris Dignitatem - On The Dignity And Vocation Of Women. In so doing, the Supreme Pontiff acted in his capacity of magister, or teacher, fulfilling a duty towards the people of God to enlighten them, so they might serve each other, and serve the Word itself, especially in relations between men and women. (Abstract excerpted from article)
Catholic Social Teachings/ Family Law
88. Guerra, Marc D., Can We Have a Public Bioethic?, 46 Society 333-340 (2009).
This essay examines the viability of a publicly held, articulated, and enacted bioethic in America's democratic regime. The essay takes the writings of several thinkers associated with the President's Council on Bioethics as its point of departure. The essay draws attention to some of the enduring moral, political, religious, and intellectual currents inherent in American civil society that will continue to provide both resources for and obstacles to any publicly held bioethic in America, including the role of Catholic thinkers such as St. Thomas Aquinas.
Health Law
89. Horwitz, Paul, Religion and American Politics: Three Views of the Cathedral, 39 University of Memphis Law Review 973 (2009).
Horwitz addresses the "eternal" question of whether and how religion should involve itself in political debate through the speech of the political candidates themselves. Horwitz focuses on three modern political candidates in particular - John F. Kennedy, a Catholic; Mitt Romney, a Mormon; and Barack Obama, a Protestant.  Horwitz's treatment of Kennedy considers the often more explicitly anti-Catholic social milieu he confronted in his 1960 campaign, and how Kennedy's attempts to defuse such concerns mirrored and differed from the ongoing development of the Church's own conception of how to interact with the political realm.
Civil Rights/ Catholic Social Teachings
90. Hutchison, Harry G., Work, the Social Question, Progress and the Common Good?, 48 Journal of Catholic Legal Studies 59 (2009).
A review of  Recovering Self-Evident Truths: Catholic Perspectives on American Law, edited by Michael A. Scaperlanda & Teresa Stanton Collett.  Hutchison engages the understanding of the necessity and nature of work in John Paul II's encyclical, Centesimus Annus, which Hutchison sees as essential to the "nation's capacity to attain the common good." However, Hutchison argues that insisting that the attainment of the common good is a collective goal leads to two problems. First, achieving the common interest based simply on "faith in America and its potential to do good"1 is inadequate. Second, the attempt to establish the common good occurs concurrently with existence of intractable social problems, insofar as man is incapable of eliminating all forms of evil.  Hutchison's review concentrates on three central and related concerns that surface in Scaperlanda and Collett's book: (1) the difficulty of finding a basis for acknowledging any shared truths during America's current epoch, (2) the question of labor in a pluralistic society,and (3) the relative balance between state intervention, on the one   hand, and voluntary  associations,  properly-formed communities, and individual  autonomy on the other Scaperlanda and Collett supply a multi-layered corrective to the current state of affairs by challenging critical assumptions, including the prevailing view that moral reasoning must be separated from trenchant questions that plague law and public policy.
Jurisprudence/Catholic Social Teachings
91. Joireman, Sandra F., editor, Church, State, and Citizen : Christian Approaches to Political Engagement (New York: Oxford University Press, 2009).    WorldCat      [WCat]
Joireman assembles a collection of essays on the relationship between church and state in Christian thought.  Essays include: 1. Introduction; Sandra F. Joireman -- 2. The Catholic tradition and the state: natural, necessary, and nettlesome; Robert B. Shelledy -- 3. Lutheranism and politics: Martin Luther as a modernizer, but for the devil; Timothy J. Lomperis -- 4. Reformed ... and always reforming?; James W. Skillen -- 5. Anabaptists and the state : an uneasy coexistence; Sandra F. Joireman -- 6. The Anglican tradition: building the state, critiquing the state; Leah Seppanen Anderson -- 7. For the sake of conscience: some evangelical views of the state; Timothy Samuel Shah -- 8. Pentecostalism: Holy Spirit empowerment and politics; Stephen M. Swindle -- 9. Concluding reflections / Mark R. Amstutz.
Catholic Social Teachings/ Civil Rights
92. Jordan, Karen, Church and State: The Origins and Implications of Separate Jurisdictional Spheres, 11 Rutgers Journal of Law & Religion 61 (2009).
Jordan's article explores the development of the concept of separation of Church and State. Although many today may think of the concept as an innovation of the United States and the “American experiment,” it is instead a concept that emerged, part and parcel, with the Christian Church. Within decades of imperial recognition of the Church as an institution, the Church began breaking free from the traditional mold in antiquity, in which the State was a political, ethical and religious unit. To great thinkers within the Church, the nature of the Church itself compelled separation from the State. Yet, a level of collaboration existed and Church influence on certain aspects of secular government was accepted as necessary and appropriate. As society today struggles with the many questions associated with the relationship between Church and State, it is useful to review the early Church's stance on the issue and the reasons underlying that position. A key insight from such reflection is that the early Church's success in having a meaningful impact on secular society was closely tied to the Church's understanding of the nature of the Church itself - and its ability to effectuate and give life to that understanding.  Jordan focuses particularly on the Christian conception of Church and state by examining the thought of Saints Ambrose and Augustine, and concludes with lessons from their struggles for both the State and Christians today.
Catholic Social Teachings/ Civil Rights/ Jurisprudence
93. Kerwin, Donald, Toward a Catholic Vision of Nationality, 23 Notre Dame Journal of Law, Ethics and Public Policy 197 (2009).
The way nations identify themselves determines in large part to whom they extend and deny citizenship. Citizenship in turn has immense implications for the ability of persons to realize their fundamental rights. This dynamic in itself should make nationality an issue of overriding concern for Catholic social teaching. A more developed vision of nationality would also strengthen Church teaching on migrants and newcomers, which many Catholics dismiss as unprincipled, self-interested, and a matter of prudential judgment. This paper sets forth three theories of nationality, describes their implications for U.S. immigration policy, and outlines overarching themes that should form the basis of a distinctive Catholic vision of nationality. (Abstract excerpted from article)
Immigration Law/ Catholic Social Teachings
94. Krason, Stephen M., The Public Order and the Sacred Order: Contemporary Issues, Catholic Social Thought, and the Western and American Traditions (Lanham, Md.: Scarecrow Press, 2009).    WorldCat      [WCat]
Krason provides key texts in the development of Catholic social teaching and the modern understanding of religious liberty.  The Table of Contents includes: Quadragesimo Anno (encyclical) -- Centesimus Annus (encyclical) -- Libertas Praestantissimum (encyclical) -- Aristotle, The Politics, selections -- Cicero, De re Publica, selections -- George Washington's farewell address -- Alexis de Tocqueville, Democracy in America, selections -- Robert R. Reilly, "The truths they held : the Christian and natural law background to the American constitution" -- Roe v. Wade -- Doe v. Bolton -- Abraham Lincoln, "The perpetuation of our political institutions" -- Pierce v. Society of Sisters -- UN Convention on the Rights of the Child -- Everson v. Board of Education -- Wisconsin v. Yoder -- Humanist manifesto II -- Dignitatis Humanae (Vatican II document) -- Roth v. U.S -- Pacem in Terris (encyclical) -- Federalist 78 -- Lincoln's second inaugural address -- Sen. Jesse Helms, speech in U.S. Senate, September 2, 1982 -- Orestes A. Brownson, "The higher law."
Catholic Social Teachings/ Constitutional Law/ Jurisprudence
95. Lewis, V. Bradley, Theory and Practice of Human Rights: Ancient and Modern, 3 Journal of Law, Philosophy and Culture 277-296 (2009).
This article was contributed as part of the 2009 CUA symposium, A Common Morality for the Global Age: In Gratitude for What We are Given. Lewis asks the question: Does the acceptance of the pre-modem tradition of political philosophy entail rejection or displacement of human rights as a central part of contemporary discourse? Against many of the critics, Bradley holds that the answer to this question is no. Lewis argues that, whatever the source of human rights in theory or practice, he holds that it is absolutely essential that human rights be defended precisely by the pre-modem traditions of moral and political argument, first, because those traditions are rationally superior to their modem rivals and, second, because the effective protection of human rights is required by other contemporary political forms and practices. Lewis examines the history of both the classical natural law tradition, particularly as embodied in Catholic philosophical and canon law tradition, and modern natural right theory.
Catholic Social Teachings/ Civil Rights/ Jurisprudence
96. Mack, Elke, editor, Absolute Poverty and Global Justice: Empirical Data, Moral Theories, Initiatives (Burlington, VT: Ashgate, 2009).    WorldCat      [WCat]
Mack assembles a collection of essays on poverty and its moral aspects. Essays include: Levels and trends in absolute poverty in the world : what we know and what we don't; Stephan Klasen -- Identifying absolute global poverty in 2005 : the measurement question; Michael Ward -- How world poverty is measured and tracked; Thomas Pogge -- Christian ethics and the challenge of absolute poverty; Clemens Sedmak -- 'De iustitia in Mundo' : global justice in the tradition of the social teaching of the Catholic Church; Gerhard Kruip -- Religions and global justice : reflections from an inter-cultural and inter-religious perspective; Johannes Müller and Michael Reder -- On the concept of global justice; Peter Koller -- Poverty and responsibility; Stefan Gosepath -- Absolute poverty and global inequality; Darrel Moellendorf -- Sufficientarianism both international and intergenerational?; Lukas Meyer -- The alleged dichotomy between positive and negative rights and duties; Elizabeth Ashford -- Complicity in harmful action : contributing to world poverty and duties of care; Barbara Bleisch -- Transnational political elites and their duties of the common good; Eike Bohlken -- World poverty and moral free- riding : the obligations of those who profit from global injustice; Norbert Anwander -- Medicines for the world : boosting innovation without obstructing free access; Thomas Pogge -- Not only 'a simple math equation' : business organisations as agents for poverty reduction; Michael Schramm and Judit Seid -- The role of corporate citizens in fighting poverty : an ordonomic approach to global justice; Ingo Pies and Stefan Hielscher -- Global justice in the context of worldwide poverty and climate change; Johannes Wallacher -- Conclusion : the paradox of poverty research : why is extreme poverty not in focus?; Else Øyen
Labor Law/ Catholic Social Teachings
97. Marcin, Raymond B., God’s Littlest Children and the Right to Live: The Case for a Positivist Pro-Life Overturning of Roe, 25 Journal of Contemporary Health Law and Policy 38 (2009).
For those who understand that God's littlest children have the same right to life that all God's children have, the day on which the United States Supreme Court decided Roe v. Wade was a day that echoed the grief and frustration that, more than a century earlier, accompanied the decision in Dred Scott v. Sandford. And the day on which the United States Supreme Court decides to overturn Roe v. Wade and all the other pro-abortion decisions will be a day of heart-felt thanksgiving. From the pro-life perspective, however, it will not be enough, that the Supreme Court merely overturns Roe v. Wade and the other pro-abortion decisions. It is the thesis of this article that in order for the right to life of God's littlest children to be truly and genuinely recognized in our society, the Supreme Court must base its overruling on a pro-life rather than (as is more likely) a federalism rationale.  (Abstract excerpted from article)
Health Law/ Civil Rights
98. Matheny, Ken, Catholic Social Teaching on Labor and Capital: Some implications for Labor Law, 24 Saint John's Journal of Legal Commentary (2009).
Matheny takes note of recent statistics indicating a remarkable drop in unionization of the American workforce, and wonders how to reconcile it with evidence suggesting that approximately forty-four percent of private sector employees would like to be represented by a union, and that a majority of American workers would like to be represented by an organization that has independent authority from management. The frustrated desires of millions of American workers, Matheny contends, "compel the conclusion that American labor law has failed, and failed badly." Labor law must be remade to ensure that workers' rights are respected, Matheny argues.  Because the ultimate ends of labor union activity are moral and spiritual, the remaking of labor law in the twenty-first century must not ignore the profound teachings of the Catholic Church on the meaning of work and the dignity of workers.  To this end, Matheny examines one of the central tenets on Catholic Social Thought --the priority of labor over capital--and some possible implications for the future of American labor law, and considers the reasons for the declining influence of labor unions in the United States.
Catholic Social Teachings/ Labor Law
99. McCarthy, David Matzko, editor, The Heart of Catholic Social Teaching: Its Origin and Contemporary Significance (Grand Rapids: Brazos Press, 2009).    WorldCat      [WCat]
In The Heart of Catholic Social Teaching, David McCarthy brings together essays from scholars in numerous fields to address Catholic social teaching in the context of pressing new social problems and theological developments.  Essays of particular interest to legal scholars include "Pope Leo XIII and a Century of Catholic Social Thought" by John Donovan, "A Contemporary Augustinian Approach to Love and Politics - Pope Benedict XVI's Deus Caritas Est" by William Collinge, "Modern Politics and Catholic Social Teaching" by David Cloutier, and "The Challenge of Religious Liberty" by Richard Buck.
Catholic Social Teachings/ Jurisprudence
100. Meilaender, Gilbert, Respect for Human Dignity as a Fundamental Aspect of Moral Responsibility, 3 Journal of Law, Philosophy and Culture 119-128 (2009).
This article was contributed as part of the 2009 CUA symposium, A Common Morality for the Global Age: In Gratitude for What We are Given. Meilaender takes as his starting point the apparent disagreement between St. Thomas Aquinas and Pope John Paul II as to whether humans can lose their dignity.  Aquinas argued in the Summa Theologica that "a man who sins deviates from the rational order, and so loses his human dignity," whereas John Paul II argued in Evangelium Vitae that "not even a murderer loses his personal dignity."  In Meilaender's view, the divergence is important for discussions about the ethicality of the death penalty and bioethics issues.  Meilaender resolves the disagreement by drawing a distinction between personal dignity and human dignity, with the former pointing to our equality before God, and the latter providing standards for humanly fitting behavior. Meilaender also examines the use of "dignity" language by the President's Council on Bioethics in the early 2000's.
Criminal Law and Procedure/ Health Law/ Jurisprudence
101. Newdow, Michael, Question to Justice Scalia: Does the Establishment Clause Permit the Disregard of Devout Catholics?, 38 Capital University Law Review 409 (2009).
In delving into this question, the article is divided into three parts. The first considers the text of the Establishment Clause: “Congress shall make no law respecting an establishment of religion . . . .” Specifically, the wording of this phrase is analyzed to determine the validity of Justice Scalia's contention that Atheists may be disregarded. Because Justice Scalia, in McCreary, used historical events to support that contention, the second part examines those events. The analysis is driven by questioning the fairness with which these events were selected and whether they really stand for the proposition he claims. Finally, the third and last part applies Justice Scalia's brand of analysis to his own religion: Catholicism. The analysis shows that the United States of America was born of a literal hatred for Catholics. Thus, does the Establishment Clause, under his approach, permit the disregard of the faith to which he adheres? If so, then his espousal of the view that Atheists can be “disregarded,” while not espousing the same view against Catholics, may be nothing more than a marker of the Framers' wisdom in recognizing the immense power of religious prejudice. (Abstract excerpted from article)
Civil Rights/ Jurisprudence
102. Palus, Christine Kelleher, The Unifying Call to Citizenship: Response for Catholic Social Teaching and the Law Conference, 6 Villanova Journal of Catholic Social Thought 449 (2009).
Part of the Joseph T. McCullen, Jr. Symposium on Catholic Social Thought and the Law.
Catholic Dimensions of Legal Education/ Catholic Social Teachings
103. Pannier, Russell F. and Thomas D. Sullivan, Barring Intelligent Design From Public Schools: A Philosophical and Legal Inquiry, 4 University of St. Thomas Journal of Law & Public Policy 117 (2009).
Pannier and Sullivan examines the question of whether educators should be allowed to teach intelligent design in public schools.  After taking note of catholic teaching on the subject of evolution, the authors specifically examine the affirmative answer, which they term "thesis T":“Educators may teach intelligent design in public school classes.” This claim, the authors submit, can represent many distinct propositions. To clarify the issue, this essay separates the propositions about thesis T that have been fused together in the literature. The essay is broken into two parts. Part I investigates the philosophical issues surrounding thesis T. Part II investigates the constitutional issues raised by thesis T. Though each part has a distinct focus, the essay forms a unit because the philosophical conclusions of Part I are assumed in Part II.  Pannier and Sullivan conclude that under certain circumstances, teachers should be allowed to teach intelligent design in public schools, and that doing so does not violate the Establishment Clause.
Civil Rights/ Civil Rights/ Family Law/Constitutional Law
104. Porter, Jean, Natural Right, Authority, and Power: The Theological Trajectory of Human Rights, 3 Journal of Law, Philosophy and Culture 299-314 (2009).
This article was contributed as part of the 2009 CUA symposium, A Common Morality for the Global Age: In Gratitude for What We are Given. Porter examines the question of "just what is it that those who are Christians are committed to bringing to the public square, or, indeed, to their own ecclesiastical communities, under the banner of natural rights?" Porter examines the Christian foundations of natural rights, particularly within the Catholic (particularly thomistic) tradition, and why it actually has theological and practical importance to Christian self-understanding.  Porter goes on to question whether the Catholic ecclesiastical structure, with its emphasis on hierarchy, adequately reflect these Christian commitments to natural rights, and as such may have too much in common with secular authoritarian regimes.
Catholic Social Teachings/ Civil Rights/ Jurisprudence
105. Powell, Russell, Theology in Public Reason and Legal Discourse: A Case for the Preferential Option for the Poor, 15 Washington and Lee Journal of Civil Rights and Social Justice 327 (2009).
From a Catholic perspective, if there is a moral imperative to prioritize the needs of the poor and marginalized, then it is important to identify and understand the viewpoint of excluded groups in order to create conditions that allow needs to be met in ways that are sustainable and neither exploitive nor hegemonic. From a secular perspective, engagement with theology and civic cooperation with religious institutions can provide new and effective options for alleviating poverty and promoting justice. In this paper, I consider a possible role for theology in the frontier between religion and law in the public square. I then develop a normative understanding of the preferential option and show how standpoint theory, outsider methodology, and law and economics can contribute to clearer analysis of the law's impact on the poor and to proposals for better policies compatible with both Catholic and secular thought. Part II addresses the role of theology in public discourse. Part III provides background on the origin and ramifications of the preferential option, and it concludes by considering how the preferential option is likely to interact with important secular ethical systems. Part IV proposes to incorporate elements of standpoint theory as an epistemology for giving greater meaning to the preferential option. Part V suggests using outsider methodology in order to effect substantive legal and social changes implied by a deeper understanding of the preferential option. Part VI proposes law and economics as a tool for predicting the likely effectiveness of proposals for legal reform, and Part VII considers particular legal and policy questions that using the proposed paradigm can clarify. (Abstract excerpted from article)
Catholic Social Teachings/ Jurisprudence/ Civil Rights
106. Rougeau, Vincent D., Catholic Social Teaching and Global Migration: Bridging the Paradox of Universal Human Rights and Territorial Self-Determination, 32 Seattle University Law Review 343 (2009).
Rougeau's essay is organized around three major themes. First, Rougeau explores the ways in which Catholic social teaching addresses human dignity, the plight of the poor, and the promotion of global justice. He argues that this theme provides an important bridge between secular and religious conceptions of human rights. Second, Rougeau argues that pluralism, particularly that which results from religious diversity and multi-ethnic, diasporic identities, is now a fundamental part of political and cultural life in the wealthy democracies of Europe and North America. The diversity within these societies is both a cause and a product of their wealth, as well as a response to their strong commitments to democratic principles, particularly human equality. Third, Rougeau considers how liberal political theory offers a secular understanding of human dignity that has much in common with Catholic social teaching. As an example, Rougeau considers Seyla Benhabib's argument that the global migration of peoples demands a vision of justice that recognizes a right to membership. Finally, Rougeau concludes by arguing that Catholic social teaching supports Benhabib's concept of a human right to membership and that the goal of a well-functioning liberal democracy should be to transform strangers into citizens. (Abstract excerpted from article)
Catholic Social Teachings/ Immigration Law
107. Schall, James V., David Solomon, and William J. Wagner, Pope Benedict XVI and the Desideratum of a Natural Law: Three Views, 3 Journal of Law, Philosophy and Culture 63-69 (2009).
This article was contributed as part of the 2009 CUA symposium, A Common Morality for the Global Age: In Gratitude for What We are Given. Actually an assembly three distinct short essays, this article outlines three possible understandings of a common moral discourse as desideratum for the formation of law in response to the call of Pope Benedict XVI in his letter to Catholic University of America and in his 2006 Regensburg Address, but more specifically in response to an address by Kenneth Schmitz ("Human Nature and Human Culture") in the same issue.  Fr. Schall concludes that the Catholic Church has been insufficiently engaged on the question, but that this is now changing with the advent of Pope Benedict, and that Schmitz is correct in identifying the key importance of two elements to the formation of law in world history: 1) Greek philosophy, 2) revelation. David Solomon reflects that Schmitz is unfortunately one of the few scholars left who take the classical natural law tradition seriously.  William Wagner concludes that the Pope emphasizes not only the critical role of reason in the formation of law, but also its limits as well, resulting in a more liberal outlook than is generally credited to him.
Catholic Social Teachings/ Jurisprudence
108. Schiltz, Elizabeth R., Learning from Mary: The Feminine Vocation and American Law, 8 Ave Maria Law Review 101 (2009).
The article explores four particular features of the uniquely feminine vocation arguably could be illustrated by the life of Jesus' mother, Mary. Two of these are illuminated by focusing on the Christological question of the significance of Mary's role in the Incarnation, and two are illuminated by focusing on the ecclesiological question of the significance of Mary in the establishment and ongoing life of the Catholic Church. These four are capacities for: (1) teaching and guiding; (2) service to and speaking for the vulnerable; (3) mothering - as opposed to fathering - which entails a unique capacity to foster trust; and (4) prophesy. The article concludes with some preliminary thoughts about how these particular capacities could, if consciously recognized, promoted, and protected, effect changes in our laws that would bring us closer to realizing the "civilization of love" towards which the Catholic Church asks us to strive.  (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Social Teachings/ Civil Rights/ Family Law
109. Schweiker, William, Global problems, Global Responsibilities: Accepting and Assigning Liabilities for Environmental Harms, 3 Journal of Law, Philosophy and Culture 341-359 (2009).
At the core of the reflections in  Schweiker's essay is a certain paradox that is found in current work on environmental ethics. The paradox is that, on the one hand, there is a need to widen the perception of intrinsic value so that not only human beings but also other species and even the planet's ecosystem are granted the right to claim respect. That is to say, we must de-personalize moral value or extend personhood to non-humans in order to have an adequate ecological ethics.' On the other hand, if we are to hold nations or corporations accountable for environmental harms, then we need to conceive of those forces in personal rather than non-personal terms since, per definition, unintentional forces are not agents and, thus, cannot be assigned accountability for actions. In law, this problem centers on the idea of a legal person and the conditions for designating something as a person. Schweiker attempts to use and to develop the framework of responsibility ethics in order to isolate the conditions necessary to assign and accept responsibility for environmental harms and also a conception of moral value. In doing so, Schweiker departs from some traditional forms of Roman Catholic and Protestant ethics, forms of thought he nonetheless engages along the way. Schweiker attempts to show that those patterns of thought hold promise, but that they are finally inadequate to meet the challenges posed by a phenomenon like environmental harm.
Catholic Social Teachings/ Environmental Law
110. Scola, Cardinal Angelo, Light of Moral Insight, The Symposium - A Common Morality for the Global Age: In Gratitude for What We are Given: Philosophy & Theology: Fundamental Questions, 3 Journal of Law, Philosophy and Culture 71-86 (2009).
This article was contributed as part of the 2009 CUA symposium, A Common Morality for the Global Age: In Gratitude for What We are Given.  Cardinal Angelo Scola, Archbishop of Venice, examines a number of questions connected with this symposium topic: Can we still speak of a common morality and the light of moral "insight," something that is by its nature universal and proper to every human as human (nature)? How can we identify, whether in negative or positive terms, the content of the traditional "Golden Rule" to which we constantly refer de facto and de jure in the daily practice of our common life? Can the Magisterium's affirmations about natural law-those in Veritatis Splendor and Deus Caritas Est are particularly well-known --which today are widely ignored or criticized, be objectively justified and, thus, still maintained? To this end, Scola considers 1) the question of the existence and nature of an elementary moral experience, which allows us unambiguously to receive the light of moral insight as capable of generating an objective common morality, respectful of liberty, history, and cultures; 2) how, by virtue of its salvific power, the Christian, concrete universal, the event of Jesus Christ, shows the true nature of moral insight and favors a common morality; and 3) how reference to a common morality like this is to be understood in a plural society constructed according to a principle of consent.
Jurisprudence/ Catholic Social Teachings
111. Shepherd, Frederick M., Christianity and Human Rights: Christians and the Struggle for Global Justice (Lanham, MD: Lexington Books, 2009).    WorldCat      [WCat]
Proceedings of the Lilly National Research Conference on Christianity and Human Rights, hosted by Sanford University in 2004.  Essays in the collection include: Introduction: The political and theological evolution of Christianity and human rights; Frederick M. Shepherd; Past sins, future promise: overviews of Christianity and human rights. Deliver us from evil: genocide and the Christian world; James E. Waller -- A Dickensian era of religious rights; John Witte, Jr.; Religious freedom and human rights. Religious freedom : a challenge for the church; Johannes A. van der Ven -- The enduring alliance of religious freedom and democracy; Joseph Loconte -- Religious freedom and international law; Robert F. Drinan -- Democracy and human dignity; Jean Bethke Elshtain; Theological and philosophical foundations for human rights. Universal rights or personal relations?; Patrick Byrne -- Human rights, the common good, and our supernatural destiny; Dana L. Dillon -- Bozena Komárková: toward an existential Christian philosophy of human rights; Joyce J. Michael -- Catholic social teaching, economic rights, and globalization; John Sniegocki -- Rights, capabilities, and human flourishing; Jonathan Warner; Case studies. The rights of the poor: Christian theology and human rights practices in Latin America's Andean Region; Thomas Bamat -- Christianity and human rights in Vietnam : the case of ethnic minorities, 1975-2007;  James F. Lewis -- From human rights to human wrongs : the dramatic turn-about of the South African Pentecostal Movement; Nico Horn -- Concluding remarks on Christianity and human rights; Frederick M. Shepherd.
Civil Rights/ International Law
112. Soto, Jaime, The Future of Immigration Reform, 11 Oregon Review of International Law 129 (2009).
Rev. Jaime Soto, Bishop of Sacramento, outlines what the Catholic bishops of the United States propose for a comprehensive immigration reform. Soto then reviews some of the common perceptions of immigration as a threat to American society. Soto concludes with some reflections on a renewed Christian perspective of immigration.
Catholic Social Teachings/ Immigration Law/
113. Stabile, Susan J., The Practice of  Law as Response to God's Call, 32 Seattle University Law Review 389 (2009).
This article was a contribution to Seattle University's symposium: "Pluralism, Religion and the Law: A Conversation at the Intersection of Identity, Faith and Legal Reasoning." Stabile explores the impact of faith, especially Catholic faith, on the practice of law as a vocation. Section I of  Stabile's article focuses on work as a calling. Although Stabile refers in her title to the practice of law as a response to God's call, she suggests that even those who are uncomfortable with the use of religious language can share a notion of law as a calling. Section II explores the need to discern one's place in the legal profession. Implicit in the notion of a calling is that our professional decisions are not merely internally driven, but are in response to an action from a God who calls to us. That reality demands an active reflectiveness about who we are meant to be as lawyers. Finally, Section III identifies some particular influences on the practice of law that proceed from a Catholic religious perspective.
Professional Responsibility
114. Stabile, Susan J., The Challenges of Opening a Dialogue Between Catholic and Secular Feminist Legal Theorists, 48 Journal of Catholic Legal Studies 219 (2009).
The Article addresses five issues: (1) the place and role of Mary within Catholicism; (2) a historical narrative of subordination in the Church; and the Church's position on (3) contraception; (4) marriage and family; and (5) the ordination of women. It concludes that the first two of those issues, properly understood, do not present any problem from a secular feminist perspective. The next two present different challenges. Although they are grounded in claims that do not, on the surface, seem inherently oppressive to women, the Church's positions on contraception and marriage/family do imply a view of homosexuality, which will be difficult for secular feminists (as well as other secular theorists) to accept. Compounding the difficulty, the fifth issue, ordination presents a more directly challenging problem from a secular perspective. Thus, ultimately I am pessimistic about the ability of a Catholic Feminist Legal Theory to be able to engage in meaningful dialogue with secular feminists.  (Abstract excerpted from article)
Civil Rights/ Catholic Social Teachings/ Family Law
115. Stephen F. Smith, Mastery, Hubris, and Gift: Biotechnology and the Human Good, 3 Journal of Law, Philosophy and Culture 153- 158 (2009).
Smith responds to an essay by Michael J Sandel, "Mastery, Hubris, and Gift: Biotechnology and the Human Good" in the same issue, agreeing with Sandel about the dangers of "playing God" in making use of biotechnology to redesign humans.  Smith suggests that a purely secular account of unease with such technology, and its permissible use in law, may not be fully adequate to prevent its legalization and use.  Smith contends that we need to make the case-an unabashedly moral case-that "compassion" does not mean anything goes. Even the laudable goal of easing human suffering does not justify the use of morally impermissible means.  Smith locates such a case in the Catholic Church's 1987 instruction, Donum Vitae.
Health Law/ Jurisprudence/ Family Law
116. Wagner, William J., In Gratitude for What We Are Given: A Common Morality for 'the Global Age'?, 3 Journal of Law, Philosophy and Culture 7-53 (2009).
This article was contributed as part of the 2009 CUA symposium, A Common Morality for the Global Age: In Gratitude for What We are Given. Wagner introduces the essays which form this issue of the Journal of Law, Philosophy and Culture, drawn from the symposium. Wagner notes that the articles and symposium were formed in response to a call in 2004 by Cardinal Joseph Ratzinger, the future Pope Benedict, for original scholarly research and dialogue on "the important and urgent" question of what moral reasoning can sustain morally sound law and policy in the modern age.  Wagner details the nature and audience of the Pope's letter, and the Catholic University of America's role in responding to it.
CUA Law Faculty/ Catholic Social Teachings/ Jurisprudence
117. Wallace, E. Gregory, Justifying Religious Freedom: The Western Tradition, 114 Penn State Law Review 485 (2009).
Wallace examines the religious roots of the First Amendment's protection of religious freedom.  The First Amendment, Wallace notes, contains a separate clause addressing the free exercise and nonestablishment of religion, thus distinguishing religious freedom from freedoms of speech, press, assembly, and petition. The question is, why? Why does the First Amendment single out religion for special protection in our constitutional system? Why is religion treated differently than other beliefs and activities? What, if anything, about religion merits unique constitutional rules? These questions largely have been ignored in our thinking about the First Amendment's Religion Clause. Wallace's thesis is that "the First Amendment's protection of religious freedom must rest preeminently on the intrinsic character and claims of religion itself. Religion requires special constitutional treatment precisely because it involves something transcendent, objective, normative, and exclusive. To sustain a vigorous commitment to religious freedom, we must revisit and recover the original religious justifications for religious freedom."   Wallace traces the history of religious freedom, and finds its causes to be mostly religious in nature, not secular, looking at the Church's approach to religious freedom in the Roman Empire, the Middle Ages, the Reformation, and up through the modern era.
Civil Rights/ Constitutional Law
118. Weigel, George, Caritas in Veritate in Gold and Red: The Revenge of Justice and Peace (or so they may think), National Review (2009).
Weigel critiques Caritas in Veritate (Charity in Truth), Benedict XVI’social encyclical, as an internally contradictory document which appears to be unusually marked as a committee product. Weigel argues that it seems to be a hybrid, blending the pope’s own insightful thinking on the social order with elements of the Justice and Peace approach to Catholic social doctrine, which imagines that doctrine beginning anew at Populorum Progressio, Pope Paul VI's 1967 social encyclical. Indeed, Weigel argues, "those with advanced degrees in Vaticanology could easily go through the text of Caritas in Veritate, highlighting those passages that are obviously Benedictine with a gold marker and those that reflect current Justice and Peace default positions with a red marker. The net result is, with respect, an encyclical that resembles a duck-billed platypus."
Catholic Social Teachings
119. Wenski, Thomas G., The Challenge of Climate Change and Environmental Justice: A Distinctive Catholic Contribution, 23 Notre Dame Journal of Law, Ethics and Public Policy 497 (2009).
In this paper, I will highlight key themes on the environment and climate change lifted up by the Catholic Church and its leaders, including Pope John Paul II, Pope Benedict XVI, and the United States Catholic bishops. These statements emphasize and exemplify connections between Catholic faith and environmental stewardship. I will also present some principles from Catholic social teaching that provide a moral framework for assessing environmental issues, especially climate change. Finally, I will examine how these moral principles have shaped the United States bishops' approach to public policy on climate change and how other members of the Catholic Church are translating this call to care for God's creation into action. (Abstract excerpted from article)
Catholic Social Teachings/ Environmental Law
120. Wicks, Elizabeth, Religion, Law and Medicine: Legislating On Birth and Death in a Christian State, 17 Medical Law Review 410 (2009).
In recent years, the law has become increasingly involved in medical decision-making. Most significantly, the traditional reluctance of the legislature to make law encroaching upon the field of medical ethics has diminished to the extent that at least five pieces of legislation in this field have been passed in the last decade. Two recent Bills introduced into the British Parliament - the Human Fertilisation and Embryology Bill (now the 2008 Act) and the Assisted Dying Bill - have revealed the controversial role of religion, specifically Christianity, in legislating on such matters. Demands for free votes on provisions of the Embryology Bill illustrate the commitments of conscience imposed upon many individual members of Parliament by the Roman Catholic church, while the defeat of the Assisted Dying Bill demonstrates the contemporary implications of the twenty-six Church of England Bishops currently sitting in the House of Lords. These two distinct forms of religious influence, namely doctrinal influence on individual politicians and the constitutional role of the members of the established church, signify the two different ways in which the Roman Catholic church and the Church of England, respectively, may play a role in the creation of new legislation. This article seeks to investigate the role played by these two denominations of the dominant religion of Christianity in Parliament's attempts to legislate on medico-legal topics, and argues that, while individual conscience must be respected, religious representation can be an invidious restraint upon ethical decision-making in respect of new technologies and conditions. The disciplines of law and medicine have had a difficult relationship in recent years, as the law (and lawyers) takes a more interventionist approach to regulating the medical profession, and the co-existence of religion and law within the legislature may be seen to be a particularly unhealthy alliance when the regulation of healthcare is being considered.
Civil Rights/ Health Law
121. Alvare, Helen M., A Worthy Ally: Catholic Social Teaching on the “Anguish” and the “Hopes” of Marriage and Family Today, 2 Journal of Law, Philosophy and Culture 169 (2008).
In this essay, I will contrast the desultory secular response to the widespread and fundamental problems affecting marriage and the family to the response offered by Catholic social teaching.     I will begin by discussing concrete  examples illustrating the lack of secular responsiveness. Following this, I will  suggest how, both in form and in substance, the Catholic Church's teachings in this area seem to be better able to acknowledge and respond to the sizable and important problems currently plaguing marriage and the family, and-even in fully public in contrast to specifically religious terms-to offer hope for both of these crucial institutions.  (Abstract excerpted from article)
CUA Law Faculty/ Family Law/ Civil Rights
122. Beabout, Gregory R., Challenges to Using the Principle of Subsidiarity For Environmental Policy, 5 University of St. Thomas Law Journal 210-230 (2008).
Beabout attempts to outline a response to several challenges that Catholics face in trying to use the principle of subsidiarity to help shape environmental policy. For Catholics, Beabout sees four main challenges: 1) the principle of subsidiarity is not well known in North America; 2) among those who do employ the principle of subsidiarity in the North American context, there has not been a great deal of work applying subsidiarity to environmental policy; 3) in some cases, there has been a tendency to transform the meaning of the principle of subsidiarity into other, better known ideas; and finally, 4) among those who have made use of the principle of subsidiarity in Europe, the principle has been employed in widely different ways, such that the meaning of subsidiarity seems to devolve into an interminable debate. Beabout's central goal is to "respond to those four challenges while outlining a way that the principle of subsidiarity, as understood within the tradition of Catholic social thought, might make a distinctive contribution to conversations about environmental policy."
Catholic Social Teachings/ Environmental Law
123. Beckstrom, Darryn Cathryn, Human Papillomavirus Vaccine Legislation: Are We Oversexualizing Our Youth?, 2 University of St. Thomas Journal of Law & Public Policy 109 (2008).
Beckstrom's note argues that given the nature of the HPV disease, mandating HPV vaccinations of school-aged girls violates the social teachings of the Catholic Church and neglects to consider the psychological consequences of adolescent sex. Part I of the note applies Catholic social thought and existing law in evaluating the proper role of parents and the state in the sexual development and education of children. Relying on Catholic teachings, Part II demonstrates that mandatory HPV vaccinations have the effect of increasing children's exposure to sex during their vulnerable, pre- adolescent years and sends a message that pre-adolescent and adolescent sex is acceptable as long as children are protected from the physiological harms of such activity. Part III, relying on empirical research, suggests that exposing children to sexual material increases the risk that such children will engage in sexual activity and suffer the accompanying negative psychological consequences. Beckstrom concludes by offering parents a way forward in protecting their children's sexual development and education from mandatory HPV vaccination legislation.
Health Law/ Catholic Social Teachings/ Civil Rights/ Family Law
124. Berg, Thomas C., Intellectual Property and the Preferential Option for the Poor, 5 Journal of Catholic Social Thought 193-233 (2008).
Berg's article argues that the recent Catholic statements on intellectual property have been well founded: that whatever position one takes generally on property rights and the poor, the principle of preferential option for the poor calls  for a degree of skepticism toward broad IP rights.  To this end, Berg discusses the preferential option for the poor, and in particular the recent papal encyclicals' emphasis on empowering the poor to participate in creative and productive work.  Berg then applies these principles to intellectual property, arguing that the goals of empowerment support significant limits on IP rights.
Intellectual Property/ Catholic Social Teachings
125. Bhala, Raj, Philosophical, Religious, and Legalistic Perspectives on Equal Human Dignity and U.S. Free Trade Agreements, 28 St. Louis Public Law Review 9-70 (2008).
In this article, Raj Bhala asks: What would international trade law, and particularly free trade agreements (FTAs) of the United States, look like if the dominant paradigm for their negotiation, drafting, implementation and enforcement shifted from economics to equal human dignity? First, the concept of equal human dignity has deep philosophical roots, including in the work of Immanuel Kant, the great philosopher of the late Enlightenment. The Categorical Imperative, for which Kant (among other insights) is renowned, and which Kant articulated in three formulations, helps define the concept. Further, the American legal philosopher, John Rawls, offers a formula to elaborate and apply the Categorical Imperative. Second, the concept also has a profound religious basis, including in Roman Catholic Social Justice Theory. Third, considered in a legalistic manner, the words suggest specific criteria for trade accords. "Human" intimates neutrality. "Equal" indicates non-discrimination. "Dignity" suggests respect for the excellent. Applying these criteria to America’s FTAs is not only possible but also yields specific proposals for human, labor and environmental rights that could - and perhaps should - be advanced through those FTAs. Moreover, these criteria mandate a change in negotiating style.Following from the philosophical, religious and legalistic perspectives, there are three "bottom lines" in respect to a paradigm shift in United States FTA law and policy toward equal human dignity. Applying Kant’s Categorical Imperative calls for the United States to treat its FTA partners in a Golden Rule-like manner. Applying Catholic Social Justice Theory impels promotion of freedom of conscience as a direct effect of trade liberalization and possibly also the improvement of the economic milieu as indirect support for freedom of worship.  (Abstract excerpted in whole or part from the Social Science Research Network)
International Law/ Labor Law
126. Breen, John M., John Paul II, The Structures of Sin and the Limits of Law, 52 Saint Louis University Law Journal 317 (2008).
In the essay that follows I hope to show first, with respect to abortion, that Skeel and Stuntz fail to make the case that a concern for legal modesty should trump a concern for the protection of unborn human life. Put another way, Skeel and Stuntz fail to demonstrate that the value of prudence for safeguarding the integrity of the rule of law should outweigh the pursuit of justice, properly understood. Second, I shall argue that, contrary to Skeel and Stuntz's assertions, anti-abortion laws are not merely symbolic. Indeed, the available evidence indicates that various kinds of restrictions have been effective in curbing the frequency of abortion. Third and finally, I shall argue that Skeel and Stuntz fail to fully appreciate the different ways in which law effectively instructs those who are subject to it. Indeed, as the late Pope well knew, a particular law can serve a vital teaching function that goes beyond the specific instances in which it is enforced. In this way, the law can reaffirm the values already present in a given culture and so reinforce the non-legal norms operating within it. (Abstract excerpted from article)
Catholic Social Teachings/ Family Law/ Civil Rights/ Jurisprudence
127. Breen, John M., Modesty and Moralism: Justice, Prudence, and Abortion - a Reply to Skeel & Stuntz, 31 Harvard Journal of Law and Public Policy 209 (2008).
Breen contends that the available data "does not support the idea that greater social assistance will curb the incidence of abortion to any significant degree, nor that it will help pave the way for a cultural outlook that is more respectful of nascent human life." Rather, he argues, the "high incidence of abortion in many European countries with far more generous social service networks than the United States confirms this fact. Instead, programs that provide financial assistance to pregnant women should be supported for their own sake, as a matter of justice, and not simply as a means of changing the cultural landscape. In addition, the Article argues that Skeel and Stuntz grossly undervalue law's capacity to teach and influence culture through criminal prohibition. Much of this teaching takes place beyond the specific instances in which particular laws are enforced. For example, although illegal abortions took place in large numbers prior to Roe, social science evidence indicates that the incidence of the procedure underwent a dramatic increase following its legalization." (Abstract excerpted from article)
Health Law/ Family Law/ Civil Rights
128. Brennan, Patrick McKinley, Locating Authority in Law, and Avoiding the Authoritarianism of "Textualism", 83 Notre Dame Law Review 761 (2008).
Much modern jurisprudence attempts to move the locus of authority away from people with authority in order to locate it instead, for example, in rules or texts. This article argues that authority, wherever it exists, is a quality of the actions of persons. The article mounts this argument by showing how Justice Scalia's textualism is the legal analogue of a largely discredited form of Christian positivism, one that leads to a form of authoritarianism. The article goes on to argue that authoritarianism can be avoided only by individuals' and their communities' becoming authoritative, including in the making and enforcement of law. Relying on a fairly thick normative anthropology to identify what is authoritative, this article mounts a non-liberal critique of the conservative jurisprudential doctrine that lies at the core of the American cult of the Supreme Court. In the course of this examination, Brennan pays special attention to the textualist jurisprudence of Justice Antonin Scalia, finding in George Kannar's insight that the Catholic Scalia was acculturated in a the religio-theological world in which, when it comes to articulating what we believe in, or to stating the norms by which we are to live, "we" either do nothing or as little as possible-or, at least, we cause ourselves to appear to do nothing or as little as possible - a kind of Christian positivism.
Jurisprudence
129. Brennan, Patrick McKinley, “What’s the Matter with You Catholics?” Soundings in Catholic Social Thought: A Review of Traditions in Turmoil by Mary Ann Glendon, 2 Journal of Law, Philosophy and Culture 291-321 (2008).
This review essay of Mary Ann Glendon's Traditions in Turmoil (2006) explores such topics as tradition, moral discourse, human rights, subsidiarity, natural law, the common good, civil society, and constitutional and statutory interpretation. In doing so, it provides an introduction both to Catholic social thought and to the thought of Bernard Lonergan.
Catholic Social Teachings/ Jurisprudence
130. Calabresi, Steven, How to Reverse Government Imposition of Morality: A Strategy for Eroding Roe v. Wade, 31 Harvard Journal of Law & Public Policy 85-92 (2008).
Calabresi argues against the reasoning of Roe v. Wade on both legal and moral grounds, and suggests ways in which its precedential value can be eroded. Calabresi's essay "lays out a plan for righting that wrong. It describes how pro-life groups can erode the precedential value of Roe, paving the way for its overruling, and legally discourage abortion once again. In the process, this Essay makes two suggestions which should be useful to those who wish to reverse other legal trends they find unfortunate—for example, the extensive constitutional protection our legal system gives to pornography or our unusual use of the death penalty as a form of punishment."
Civil Rights/ Health Law/ Family Law
131. Calo, Zachary R., True Economic Liberalism' and the Development of American Catholic Social Thought, 1920-1940, 5 Journal of Catholic Social Thought 285-314 (2008).
This paper considers the maturation of the American Catholic tradition of social and economic thought in the seminal period between 1920 and 1940, particularly as encapsulated in the work of John A. Ryan. While different social ethical models emerged in the American Church during this time, the dominant school of thought was the liberal tradition associated with Ryan. This tradition, which Ryan described as "true economic liberalism," forged American political liberalism and papal critiques of secular modernity into a new social ethical theory which became the capstone of prewar Catholic progressivism. (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Social Teachings
132. Cochran, Robert F., Jr., editor, Faith and Law: How Religious Traditions from Calvinism to Islam View American Law (New York: New York University Press, 2008).    WorldCat      [WCat]
This collection of sixteen essays explores how, in different ways, religious discourse has an important function in the making, practice, and adjudication of American law.  Essays include: Augustine and law / Elizabeth Mensch -- Neo- Calvinism and science : a Christian perspective on Post-Daubert law/science relations / David S. Caudill -- A Lutheran perspective on legal ethics / Robert W. Tuttle -- Anabaptist law schools / Thomas L. Shaffer and John Howard Yoder -- Toleration and dogmatism : the contribution of Baptists to law / Timothy L. Hall -- Evangelicals, law, and abortion / Robert F. Cochran, Jr. -- "Go down, moses!": law through the eyes of the African-American religious tradition / Anthony V. Baker -- Reason, freedom, and apocalyptic vision : Churches of Christ and the practice and teaching of law / Thomas G. Bost -- Footings of Mormon conceptions of law : vantage points for understanding constitutional law and the law of religious freedom / W. Cole Durham, Jr., Michael K. Young, and Brett G. Scharffs -- Sovereign states? the state of the question from a Catholic perspective / Patrick Brennan -- Catholic social thought and immigration / Jose Roberto Juarez, Jr -- Self-incrimination in Jewish law, with application to the American legal system / Samuel L. Levine -- Reform Judaism / Betzelem Ehlohim, and gay rights / Ellen P. Aprill -- A Hindu perspective on euthanasia and physician-assisted suicide / Kisor K. Chakrabarti -- Interdependence and victim compensation : views from Buddhist Tibet and post-9/11 USA / Rebecca R. French -- Enhancing democracy, respecting religion : a dialogue on Islamic values and freedom of speech / Anver M. Emon.
Immigration Law/ Catholic Social Teachings/ Family Law/ Civil Rights
133. Colburn, Jamison E., Solidarity and Subsidiarity in a Changing Climate: Green Building as Legal and Moral Obligations, 5 University of St. Thomas Law Journal 233-261 (2008).
Colburn argues that Catholic social thought's principles of solidarity and subsidiarity could fill important roles in creating consensus on climate change policy, given their proven traction and adaptability. This article makes the case for solidarity and subsidiarity as principles of applied ethics by injecting them into what must be their most challenging context - and ours -: catastrophic global climate disruption. Part I describes what we know about this problem while Part II frames the principles of solidarity and subsidiarity. Part III lays out a context in which global climate disruption and subsidiarity intersect: designing the built environment in the United States and the so-called "green building." Part IV situates this context within our land use planning traditions and the coming battle for building standards in our changing climate. Finally, Part V compares building green as a moral and as a legal obligation in our world of unknown possibilities and consequences.
Environmental Law
134. Coleman, John A., editor, Christian Political Ethics (Princeton: Princeton University Press, 2008).    WorldCat      [WCat]
John Coleman brings together a collection of essays treatment a broad spectrum of Christian social principles as they apply to civil society, including questions of religious liberty, responsibilities and limits of the state, and just war. Essays include: Preface / John Coleman -- Christianity and civil society / Michael Banner -- A limited state and a vibrant society : Christianity and civil society / John Coleman -- Christianity, civil society, and the state : a Protestant response / Max L. Stackhouse -- Christian attitudes toward boundaries : metaphysical and geographical / Richard B. Miller -- The value of limited loyalty : Christianity, the nation, and territorial boundaries / Nigel Biggar -- Conscientious individualism : a Christian perspective on ethical pluralism / David Little -- Pluralism as a matter of principle / James W. Skillen -- Christianity and the prospects for a new global order / Max L. Stackhouse -- Globalization and Catholic social thought : mutual challenges / John Coleman -- The ethics of war and peace in the Catholic natural law tradition / John Finnis -- Just war thinking in Catholic natural law / Joseph Boyle -- Christian nonviolence : an interpretation / Theodore J. Koontz -- Conflicting interpretations of Christian pacifism / Michael G. Cartwright.
Jurisprudence/ Catholic Social Teachings
135. DiMarzio, Nicholas, Migration Today: A Social Justice Issue, 47 Journal of Catholic Legal Studies 191-204 (2008).
Bishop DMarzio of Brooklyn gives the St. Vincent de Paul Chair of Social Justice Lecture for 2008, focusing on immigration law issues in the context of Church teaching.
Catholic Social Teachings/ Immigration Law
136. Dulles, Cardinal Avery, S.J., Continuity and Change in Catholic Social Teaching, 2 Journal of Law, Philosophy and Culture 73 (2008).
The author briefly traces the history of Catholic social teaching, noting new developments along the way. Part of the journal's symposium on Reflections on Catholic Social teaching.
Catholic Social Teachings
137. Elshtain, Jean Bethke, Catholic Social Thought and the Public Square, 2 Journal of Law, Philosophy and Culture 121 (2008).
The author discusses the import of bringing the Church's social teaching's complex perspective to bear on dominant trends on secular society, to ask what the impact would be on the public square if the teaching gained a fair hearing.  Elshtain explores this through three themes: 1) understanding of the human person and human rights; 2) the triumph of econometrism  consumerism; 3) civil society.  and Part of the journal's symposium on Reflections on Catholic Social Teaching.
Jurisprudence/ Catholic Social Teachings
138. French, William C., Natural Law and Ecological Responsibility: Drawing on the Thomistic Tradition, 5 University of St. Thomas Law Journal 12 (2008).
In this essay, William French argues that "the rise of ecological sciences and our awareness of the scale of environmental problems in the last forty years has offered us a great gift in opening our eyes to the need for a fundamental paradigm shift-a shift in our thinking about the human condition, human responsibilities, our relationships to the rest of nature, and God's relationship to humanity and the rest of the non-human world." French suggests that ecological postmodernism and pre- modern thought, such as that found in Catholic theology, have much in common in appreciating nature-centered frame for understanding human history and agency.  French traces the development of Christian theology as it relates to man and his relationship to creation. While criticizing both liberal and conservative Catholic understandings of Catholic teaching on nature and stewardship, French locates a commonality between the thought of Catholic priest Thomas Berry and Thomas Aquinas in concluding that it is " quite appropriate to open up questions about the "natural laws" of ecosystems' well-being and sustainability, laws about species vitality and climate change, and laws about ecological degradation," and as such, as basis for a better Catholic understanding of  how environmental law should be shaped.
Environmental Law
139. Garvey, George E., Introduction: Catholicism’s Critique of Civil Society at the Turn of the Millennium, 2 Journal of Law, Philosophy and Culture 55-72 (2008).
Garvey's essay provides a brief introduction to the symposium held at the Catholic University of America, "Reflections on Catholic Social Teaching."  Prefatory to this introduction,l Garvey also provides a brief but useful background on the development and nature of Catholic social teaching, and how it has responded to rapidly changing social and political developments in the 20th century.  Garvey's approach to Catholic social teaching strikes an explicitly middle ground between  "[w]ell-intentioned representatives of the churches" who in fail openly to acknowledge their distinctively religious roots, thus inadvertently aiding secularists "who have largely driven religious values from public political discourse in the United States" on the one hand and the "negative Catholic reaction" typical during the Papacy of Pope St. Pius X (1903-1914), which was too often received by contemporary minds as "tantamount to resisting all human reason, science, and progress."  Garvey then sketches a brief overview of each of the essays that compose the symposium issue.
Jurisprudence/ Civil Rights
140. George, Robert P. and William L. Saunders, Jr., Prophets and Kings: When Must the Church Speak Out Against Injustice?, 2 Journal of Law, Philosophy and Culture 211-224 (2008).
In this essay, we shall consider the question of the church's witness against injustice in the context of regimes in which the rule of law is essentially intact and certain basic freedoms are respected, including, above all, the freedom of  the church to speak out without fear that her express, public condemnations of injustice will provoke intensified repression or other forms of severe retaliation.  So we are not considering, for example, what the German bishops, or the Vatican should have said, or how they should have said it, during the Nazi era.' Nor do we address circumstances such as those prevailing in Poland under Soviet domination when the Polish hierarchy found itself uniquely positioned in the resistance struggle against communist tyranny.' Our focus, rather, is on the church's right and duty to speak out against injustice in situations such as the one in which she finds herself today in the United States and other liberal democratic polities, where, for example, abortion is legalized, and the church is increasingly being pressured to provide services or referrals that violate her tenets. Part of the journal's symposium on Reflections on Catholic Social Teaching.
Jurisprudence/ Civil Rights/ Catholic Social Teachings
141. Gregory, David L., Not the Bishops' Finest Hour: Economic Justice With Cerberus Unchained?, 47 Journal of Catholic Legal Studies 293 (2008).
"Not the Bishops' Finest Hour: Economic Justice With Cerberus Unchained?" provides a commentary on the U.S. Bishops' statement, "Forming Consciences for Faithful Citizenship." Gregory contends that the letter misses the mark it intended to hit, arguing that "it is caught up in excessive pragmatism, caution, and prudence, having failed to squarely come to grips with the 2004 reception of the Eucharist by pro-abortion Catholic politicians," most notably 2004 Presidential Candidate John Kerry. Likewise, he argues, it "lacks the fervor and the authenticity" of the U.S. Bishops' 1986 pastoral letter, "Economic Justice for All." (Abstract excerpted in whole or part from the Social Science Research Network)
Civil Rights/ Catholic Social Teachings/ Labor Law
142. Kalscheur, Gregory A., Conversation in Aid of a 'Conspiracy' for Truth: A Candid Discussion About Jesuit Law Schools, Justice, and Engaging the Catholic Intellectual Tradition, 43 Gonzaga Law Review 559-575 (2008).
his essay responds to the critique of Jesuit legal education developed by John Breen in two recent articles. I endorse Breen's call for a candid discussion of how Jesuit Catholic law schools might go about embodying a characteristic that should be at the heart of their mission: a commitment to engaging the Catholic intellectual tradition in the intellectual life of the law school. Law schools that wish to be taken seriously as Jesuit law schools must in fact be places where engagement with the Catholic intellectual tradition is part of the air that gives life to the academic mission of the institution. I reject, however, Breen's stark conclusion that Jesuit legal education must be characterized as an "abysmal failure" as Jesuit education. His conclusion is rooted in a mistaken understanding of what the Jesuit commitment to higher education as an apostolate is about. My reflections suggest two points in the hope of furthering the discussion Breen desires. First, we need to look more carefully at what might be meant by references to the "Catholic intellectual tradition," and then explore what engagement with the tradition might actually look like in the contemporary Jesuit law school. Second, we need to recognize that the tone and style of engagement that one adopts with respect to this issue is critical. We need to invite our colleagues into a genuine conversation about two central issues: (1) What this unfolding, as-yet-unfinished project of the Catholic intellectual tradition is really about; and (2) Why the participation of a diverse community of scholars in this project is central to realizing a richer and more life-giving intellectual environment in the Jesuit Catholic law school (richer and more life-giving as a law school, precisely because it is a Jesuit Catholic law school).
Catholic Dimensions of Legal Education
143. Knowlton, Megan, The Eucharist: An Expressive Sacrament or a Political Tool – Comparing the Effect of 26 U.S.C. 501(c)(3), Branch Ministries v. Rosotti and Boy Scouts of America v. Dale on the Catholic Church’s Ability to Deny Pro-Choice Politicians the Eucharist, 10 Rutgers Journal of Law & Religion 5 (2008).
Megan Knowlton analyzes religious discrimination in the context of popular search engines such as Google. Google settled a lawsuit with the Christian Institute, a United Kingdom charitable organization, and  the settlement was hailed as a "victory for common sense."The Christian Institute brought suit against Google in April of 2008 in the United Kingdom because Google refused to display the Christian Institute's anti-abortion advertisement.This article will analyze religious discrimination under the United Kingdom's Equality Act 2006 as compared with the prohibitions on religious discrimination  in the United States. Specifically, Knowlton's article examines the scope of Google's  right as a private, for profit, internet search engine to discriminate on the basis of religion in deciding whether to display an advertisement in both the United Kingdom and the United States. Knowlton first examines the United Kingdom's Equality Act 2006 and its particular prohibitions regarding religious discrimination. Second, Knowlton explores the United States' prohibitions on religious discrimination by analyzing three laws: The First Amendment, Title II of the Civil Rights Act, and the Communications Decency Act. Finally, Knowlton examines whether Google's settlement was a common sense victory for free speech or rather, was a reflection of the internet as a global business complying with foreign law.
Catholic Social Teachings/ Civil Rights
144. Livingston, Michael A., The Preferential Option, Solidarity, and the Virtue of  Paying Taxes: Reflections on the Catholic Vision of a Just Tax System, 5 Journal of Catholic Social Thought 99-109 (2008).
Livingston's paper considers Catholic attitudes toward taxation in their historical context and in the context of contemporary policy debates, specifically the issue of progressive or redistributive taxation and its role in modern society.  Livingston begins with a brief discussion of progressivity and arguments on its behalf, then turns to Catholic sources regarding the nature of a just society and the role of taxation and fiscal policy in maintaining such a society.  Livingston then turns to the Catholic concepts of solidarity and the preferential option for the poor, and considers their application to the tax debate.
Taxation
145. Lower, Michael, Christian Anthropology and the Theory of the Firm, 5 Journal of Catholic Social Thought 413-435 (2008).
Lower employs Catholic Social Thought (CST) to examine potential flaws in agency theory as it relates to corporate governance.  CST, a branch of moral theology, reflects Christian anthropology (an understanding of human nature that draws on Revelation and natural law theory). CST's understanding of what communities (such as the corporation) are for and how they can best achieve their ends are colored by its anthropological underpinnings. The same, it is argued, is true for economic theories such as the theories of the firm based on Coase. This paper compares Christian anthropology with the implicit anthropology underpinning some of the dominant economic theories of the firm. Differences at this level go a long way to explaining mismatches between CST's vision of the corporation as a community of persons and some of the economic theories of the firm built on Coasean foundations. (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations
146. Lustig, Andrew B., Enhancement Technologies and the Person: Christian Perspectives, 36 Journal of Law, Medicine and Ethics 41 (2008).
Current discussions of so-called “enhancement” technologies immediately involve matters of definition, because the distinctions between enhancement and therapy invite ambiguity. Therapy is generally defined as the prevention or cure of disease, or as the restoration or approximation of return to normal physiological function. Enhancement is defined as the alteration of individual (or group) characteristics, traits, and abilities (both health- and non-health-related) beyond a measurable baseline of normal function. Both notions rely on shared understandings of disease and illness, which depend in turn on the ways that we conceptualize and operationalize judgments of normalcy. Both notions have therefore generated significant controversy among philosophers of medicine, with the result that blanket distinctions between therapy and enhancement appear unlikely to convince everyone. For purposes of our discussion, however, I will assume the intuitive plausibility of distinguishing therapeutic interventions aimed at reversing obvious threats to survival or at restoring (or approximating) normal physiological function from enhancement technologies, with the latter defined as interventions aimed at improving human appearance, behaviors, or capacities beyond a baseline of normalcy, broadly understood. Such enhancement technologies may involve alterations or modifications of physical and intellectual capacities, as well as of behavioral tendencies and patterns; they include current and prospective developments in surgery, psychopharmacology, genetics, and so-called human-machine incorporation technologies. Among the latter are proposals, based on current research, for human-computer neural interfaces that are likely to change both individual mental capacities as well as the ways that individuals so enhanced may be networked.
Health Law/ Civil Rights
147. McCall, Brian M., Quas Primas and the Economic Ordering of Society for the Social Reign of Christ the King: A Third Perspective on the Bainbridge/Sargent Law and Economics Debate, 47 Journal of Catholic Legal Studies 369 (2008).
Stephen M. Bainbridge and Mark A. Sargent have debated whether, and to what extent, the theory of law known as “Law and Economics” is required, supported, permitted, or prohibited by Catholic teaching. Although the theory has been applied or at least proposed as applying to almost every field of law,  its original and most obvious application is in the realm of business and commercial law and is therefore where this Article will concentrate--although the conclusions reached about the appropriateness of a Law and Economics analysis is equally applicable to other disciplines. Thus, this Article attempts to add a perspective to the debate about the propriety, from a Catholic perspective, of the Law and Economics movement. Part I briefly summarizes Law and Economics as a system and the positions of Bainbridge and Sargent as they appear in published works. Part II briefly describes the general teaching of the Social Reign of Christ the King as taught by the Church up to and including Quas Primas. Part III looks at evidence within the writings of Pius XI that this doctrine explicitly contains principles governing commercial and business matters. Part IV examines the consistency of the conclusions reached in Part III with historic Catholic teaching. Finally, Part V applies these conclusions to the debate about Law and Economics.
Catholic Social Teachings/ Labor Law/ Jurisprudence
148. Miller, Robert T., The Coase Theorem and the Preferential Option for the Poor, 5 Journal of Catholic Social Thought 65 (2008).
This paper considers the relationship between the Coase Theorem as a normative tool of policy analysis and the Preferential Option for the Poor in Catholic Social Thought (CST). After explaining the conceptual foundations of the theorem for the benefit of those who work in CST but have little experience with economics, Miller argues that, although using the theorem normatively to design efficient legal rules does indeed have distributional consequences, nevertheless in a wide variety of cases these consequences are not incompatible with CST's Preferential Option for the Poor.
Catholic Social Teachings/ Property
149. Myers, Richard S., The Privatization of Religion and Catholic Justices, 47 Journal of Catholic Legal Studies 157-166 (2008).
As Myers, notes, the privatization of religion has been a major theme in American law and culture over the last several decades. There have been increasing pressures to marginalize religion. A recent noteworthy example has been the attacks on the Catholic Justices of the United States Supreme Court. One commentator suggested that the presence of five Catholic Justices on the Court itself violates the Constitution. There have been, in addition, many attacks on the Catholic Justices after the Court's April 2007 decision on abortion in Gonzales v. Carhart. In that case, the five Catholic Justices constituted the majority that upheld the constitutionality of the Partial-Birth Abortion Act of 2003. In this article, Coleman discusses and critiques these developments and offer some reflections on the proper role of religion in shaping the culture and the law.
Jurisprudence/ Civil Rights
150. Organ, Jerome N., Subsidiarity and Solidarity: Lenses for Assessing the Appropriate Locus for Environmental Regulation and Enforcement, 5 University of St. Thomas Law Journal 262-278 (2008).
Organ’s article the Catholic principles of subsidiarity, solidarity and the common good to analyze the extent to which some specific aspects of the environmental statutory and regulatory regimes in the United States are rightly ordered. Specifically, this article will look at aspects of two different environmental regulatory systems - the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) - to evaluate whether principles of subsidiarity, solidarity and the common good suggest that the locus of regulation and enforcement makes sense as presently structured.Section I begins with an outline of the principles of subsidiarity, solidarity and the common good and evaluates these principles in contrast to considerations of economics and political science, which are more frequently used within secular discussions of the need for, and appropriate locus of, environmental regulation. Section II then analyzes how these principles apply to RCRA and CERCLA: first, the section suggests that RCRA is largely rightly ordered in terms of being a regulatory system in which regulation is designed and promulgated at the federal level, implemented and enforced at the state level, and considered by individual businesses when deciding upon manufacturing processes that may (or may not) generate hazardous wastes subject to regulation; second, the section suggests that in contrast to RCRA, CERCLA is a regulatory system inappropriately ordered toward federal control (at least in part) when state or local control might be more appropriate. Section III concludes with a brief discussion of how the principles of subsidiarity, solidarity and the common good might provide a useful methodology for evaluating other environmental regulatory regimes. (Abstract excerpted in whole or part from the Social Science Research Network)
Environmental Law/ Constitutional Law
151. Pecorella, Robert, Property Rights, the Common Good and the State: The Catholic View of Market Economies, 5 Journal of Catholic Social Thought 235-284 (2008).
Pecorella addresses the question of whether efficiency and equity can be balanced in market economics so that they reinforce rather than destabilize each other and ultimately the larger social order.  Phrased another way, Pecorella seeks to determine whether there is a practical political philosophy that incorporates both the efficiency of market- based wealth creation and an emphasis on equitable resource distribution.  To this end, the author argues that the Catholic strategy for maintaining that balance is a unique approasch that affirms the market's creative potential while refining the nature of the individual and social responsibilities.  Pecorella examines both Catholic and liberal approach to market operations and norms for social justice, as well as the nature of the state sector provided for in both schools of thought.
Corporations/ Property/ Catholic Social Teachings
152. Perez, Antonio F., Consumer Protection in the Americas: A Second Wave of American Revolutions?, 5 University of St. Thomas Law Journal 698 (2008).
Antonio perez's  paper attempts to describe the nature of the problem and the context for the Seventh Specialized Conference on Private International Law (known in Spanish by the acronym CIDIP-VII) of the Organization of American States (OAS) negotiations. It then articulates a set of reasons explaining why success in these negotiations is necessary. Perez then turns to a technical review of the current proposals, explaining why they fail to address the problem. Finally, Perez concludes by suggesting that the CIDIP process needs to be relaunched on different terms and explains how the United States could revise its proposals to make that happen, entailing increasingly more innovative proposals. Perez cautions, however, that "success will be predicated ... on reconceptualizing the problem of international consumer protection as a problem in international trade and politics rather than a technical set of issues in private international law. In short, the United States should promote a revolutionary new approach to the consumer protection problem in the Western Hemisphere that could serve as model for change elsewhere, both as a matter of domestic political economy and, in time, the relationship between private international law and international trade."
CUA Law Faculty/ Catholic Social Teachings/ Corporations
153. Pillari, Thomas J., Rethinking Juvenile Justice: Catholic Social Thought as a Vehicle For Reform, 22 Notre Dame Journal of Law, Ethics and Public Policy 167 (2008).
Pillari examines Catholic social thought as it applies to juvenile justice reform.  Pillari first discusses the origins of juvenile justice and its progression from a purely rehabilitative model to the modern “get tough” movements. In Part II, Pillari then examines the current emphasis in juvenile justice on individual responsibility and self- determination, and the sources and factors that play into this current emphasis. In the third part of the article, Pillari introduces the main principles of Catholic Social Teaching "as providing a conciliatory voice between these two sets of values."Pillari argues that "if human dignity is recognized as an inviolable starting point in formulating juvenile justice policy, and if the principles of solidarity and subsidiarity are likewise put into practice both at the governmental and informal social and familial levels, then these seemingly contradictory sets of values can be merged."
Criminal Law and Procedure/ Family Law
154. Pistone, Michele R. and John J. Hoeffner, "In All Things Love": Immigration, Policy-Making, and the Development of Preferential Options for the Poor, 5 Journal of Catholic Social Thought 175-191 (2008).
Pistone and Hoeffner discuss the Catholic Church's "preferential option for the poor" teaching in the context of immigration law reform, arguing that immigration illustrates the problem of insisting that a specific policy prescription is demanded by the preferential option for the poor.  The authors conclude that, in order to be of practical use, attempts to define the common good in light of the teaching must couple a commitment to the poor with humility and love.  Absent such a coupling, the preferential option for the poor is reduced to being nothing more than an ineffective phrase.
Catholic Social Teachings/ Immigration Law
155. Saltzberg, Jordan, The Current Embryonic Stem Cell Research Federal Funding Policy: Undue Respect to Minority Ethical Considerations?, 29 Journal of Legal Medicine 505-521 (2008).
Saltzberg's article examines how ethical concerns have impacted and will impact federal funding for embryonic stem cell research. "Since the first human embryonic stem cells (hESCs) were successfully isolated and cultured in November of 1998, the ethical debates and political responses to those debates have been fierce. Although the ethical debates have been mostly static and have closely mimicked the ethical debates over abortion, the political determinations concerning federal and state funding of stem cell research have gone through numerous evolutions in the years since the first hESCs were isolated and cultured. Beginning with the federal policy determinations concerning embryo research generally, through the attachment of the Dickey Amendment to appropriations legislation every year since 1996, to President Clinton's policy on research using hESCs, and finally culminating in the current federal funding policy promulgated by President Bush in his 2001 Address to the Nation, the federal government's response to hESC research has changed drastically over time. So while the ethical arguments have remained substantially the same, the policy determinations have evolved in response to the growing scientific possibilities of stem cell research and the political leanings of the President himself. This creates the very real possibility that the federal funding policy on hESC research could change drastically in light of the 2008 Presidential election."
Health Law/ Civil Rights
156. Silecchia, Lucia A., The Preferential Option for the Poor: An Opportunity and a Challenge for Environmental Decision Making SSRN logo SSRNcat, 5 University of St. Thomas Law Journal 87 (2008).
Silecchia's paper posits that the traditional “preferential option for the poor” is the unique and, perhaps, most valuable contribution that Catholic social teaching may make to modern discussions of both domestic and international environmental decision-making. This doctrine may be a new source of unity between the Catholic view of environmental ethics and the view posited by many secular environmentalists. Often, these two groups have been at odds with each other or, at the very least, perceived to be at odds with each other over the role of the human both in creation and against creation. By paying new attention to the “preferential option for the poor,” a proper understanding of the role of humanity in and toward the environment can be appreciated. Sillechia traces six traditional Catholic principles of environmental ethics, each of which is inextricably intertwined with the “preferential option for the poor.” By exploring how the preferential option comes into play, these six principles can be better understood, and the link between protection of the poor and protection of the environment is better established.
CUA Law Faculty/ Catholic Social Teachings/ Environmental Law
157. Spreng, Jennifer E., Pharmacists and the "Duty" to Dispense Emergency Contraceptives, 23 Issues in Law and Medicine 215 (2008).
Spreng's article identifies key facts and crafts legal theories to support litigators' arguments that pharmacists do not have common law duties to sell emergency contraception that could leave them exposed to liability for torts such as wrongful conception. Because tort law is always a moving target, Spreng also describes plausible counterarguments and strategies for meeting them. Part one describes the two forms of emergency contraception and their mechanisms of use. In part two, Spreng describes three variables that will drive pharmacists' legal duties arising from emergency contraception: continuing changes in the pharmacy profession; the Food and Drug Administration's recent decision that the primary emergency contraceptive regimen, Plan B, may be sold without a prescription; and the distinction between passive conscientious objection to the sale of emergency and daily oral contraceptives and actual civil disobedience or activism on the job.  In part three, Spreng “clears away some of the brush” by showing how oft-cited cases of constitutional moment reveal no discernable duty to dispense.  In part four, Spreng analyzes pharmacists' duties from leading cases, assessing their applicability in a tort action for wrongful conception/pregnancy. In part five, Spreng reviews statutory and regulatory duties and their applicability as sources for a duty to dispense. Spreng concludes that many pharmacists can be confident in the short term that a wrongful conception/pregnancy action will fail on the duty element, but as predictable circumstances change, courts might be inclined to impose duties. Therefore, Spreng also suggests along the way several strategies refusing pharmacists may wish to consider to minimize their exposure.
Health Law/ Civil Rights/ Torts
158. Stabile, Susan J., “Poor” Coverage: The Preferential Option for the Poor and Access to Health Care, 5 Villanova Journal of Catholic Social Thought 125-160 (2008).
Stabile's article focuses on aspects of voluntary bargaining between employers and employees, and how Catholic social teaching might inform the morality of such bargaining.  Of particular concern is the lack of medical coverage offered by employers in such bargaining.  As such, Stabile's article explores first what Catholic social teaching on the preferential option for the poor contributes to our thinking about the provision of health care. Later she explores how the Catholic principle of subsidiarity, first enunciated by Pope Pius XI, contributes to our thinking about how best to meet the collective responsibility of ensuring adequate health care.  Stabile compares several approaches to health care reform in terms of their adherence to both principles.
Catholic Social Teachings/ Civil Rights/ Health Law
159. Stabile, Susan J., Workers in the Vineyard: Catholic Social Thought and the Workplace, 5 Journal of Catholic Social Thought 371- 411 (2008).
Stabile's article contrasts a secular market view of work, the worker and the relationship between the worker and her employer with the vision offered by Catholic Social Thought, considering both the Catholic church's specific statements about human work and other principles of Catholic Social Thought.  With respect to each of the three, Stabile explores the implications of accepting a Catholic rather than secular view, suggesting that the principles of Catholic thought are not mere abstractions but rather must inform the actual choices we make about the workplace.
Catholic Social Teachings/ Labor Law
160. Taylor, Scott A., Spirituality and Academic Performance at a Catholic Law School: An Empirical Study, 45 California Western Law Review 89 (2008).
This empirical study explores whether a student's spirituality affects academic performance during the first year of study at the University of St. Thomas School of Law (Minnesota). A spirituality index measured 1) frequency of attendance at religious worship, 2) frequency of discussion of religion with others from different faith traditions, 3) the presence and strength of the connection between God and morality, and 4) the presence and strength of the view that entry into the legal profession is a divine calling. The spirituality index was correlated with academic performance measured by comparing actual performance and predicted performance (using the LSAT and the student's undergraduate grade point average). Strong spirituality had a negative correlation with academic performance. Medium and low spirituality had no correlation. And among the third of the students who performed substantially under expectations, the negative correlation was more significant than the broader positive correlation of either the LSAT or the undergraduate grade point average. This study is especially interesting and powerful because the University of St. Thomas School of Law has a strong Catholic identity and affirmatively promotes its faith-based mission at all levels of operation. The author discusses possible explanations for his findings that high spirituality correlates negatively with expected academic performance.  (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Dimensions of Legal Education
161. Tollefson, Christopher, Editor, Artificial Nutrition and Hydration: The New Catholic Debate (New York: Springer, 2008).    WorldCat      [WCat]
Tollefson brings together a collection of essays reflecting on Pope John Paul II's 2004 allocution, On Feeding Those in a Persistent Vegetative State, in which the Pope insisted that patients in a persistent vegetative state should be provided with nutrition and hydration. This collection of essays of notable Catholic bioethicists addresses the Pope’s statements, the moral issues surrounding artificial feeding and hydration, the refusal of treatment, and the ethics of care for those at the end of life. Essays include: Pt. I. The issue. Why do unresponsive patients still matter? / Anthony Fisher -- Are we morally obliged to feed PVS patients till natural death? / Michael Degnan -- Caring for persons in the "persistent vegetative state" and Pope John Paul II's March 20 2004 address "On life-sustaining treatments and the vegetative state" / William E. May -- Food and fluids: human law, human rights and human interests / Jacqueline Laing -- Pt. II. Philosophers address the issue. Quality of life and assisted nutrition / Alfonso G¢mez-Lobo -- Towards ethical guidelines for the use of artificial nutrition and hydration / Joseph Boyle -- Understanding the ethics of artificially providing food and water / J.L.A. Garcia -- the ethics of Pope John Paul's allocution on care of the PVS patient: a response to J.L.A. Garcia / Peter J. Cataldo -- Pt. III. Symposium on the views of Fr. Kevin O'Rourke, O.P. Reflections on the papal allocution concerning care for PVS patients / Kevin O'Rourke -- The papal allocution concerning care for PVS patients: a reply to Fr. O'Rourke / Patrick Lee -- Response to Patrick Lee / Kevin O'Rourke -- The morality of tube feeding PVS patients: a critique of the view of Kevin O'Rourke, O.P. / Mark S. Latkovic -- Pt. IV. Concluding Reflections. Ten errors regarding end of life issues, and especially artificial nutrition and hydration / Christopher Tollefsen.
Health Law
162. Tuskey, John, And They became One Flesh: One Catholic's Response to Victor Romero's "Other" Christian Perspective on Lawrence v. Texas, 35 Southern University Law Review 631 (2008).
Like Dean Romero's essay, this article is aimed primarily at fellow Christians. Given that focus, I will be relying in large part (though not exclusively) on scripture and Church teaching in setting forth my reasons for disagreeing with Dean Romero's conclusions regarding the morality of homosexual acts and the propriety of legally recognizing same-sex relationships as marriages. I will not be addressing the much-debated question of whether it is proper in our system to base public policy on religious reasons. Given that Dean Romero relies on expressly religious reasons in arguing for the morality of homosexual acts by committed partners and for legal recognition of committed same-sex relationships as marriages, I believe that relying on religious reasons in reply to those arguments is entirely appropriate. I note, however, that the conclusions I argue for regarding the morality of homosexual acts and the nature of marriage are also reasonably grounded in arguments that do not rely on any specifically religious reasons.”
Family Law
163. Uelmen, Amelia J., "It's Hard Work": Reflections on Conscience and Citizenship in the Catholic Tradition, 47 Journal of Catholic Legal Studies 317 (2008).
In the Fall of 2007, the Catholic bishops took a much more “hands-on” approach to their quadrennial statement, working intensely to address directly some of the questions which had arisen in the previous election cycle. The result, Forming Consciences for Faithful Citizenship (“Forming Consciences”), was issued in November 2007 with almost unanimous (97.8 percent) approval--an impressive feat given the intense divisions that had polarized the Catholic community during the 2004 election cycle.  Part I of this Essay compares and contrasts Serious Catholics with Forming Consciences, noting several deficiencies with the Serious Catholics focus on “non-negotiables,” and discussing how the more contextualized discussion of “intrinsic evil” in Forming Consciences resolves those specific concerns. Part II grapples with some of the remaining questions that arise when the concept of intrinsic evil is placed at the core of an analysis of political responsibility. It also explores the extent to which this analysis leaves space to give due priority to address socio-economic problems which would not fall within a definition of intrinsic evil. Part III acknowledges the need for a “more emphatic” expression of Catholic social teaching in public life, and queries whether the intrinsic evil framework may be reconciled with effort toward fruitful and constructive dialogue about the role of religious values in a pluralistic democracy.  Part of the Symposium on Catholic Teaching, Catholic Values, and Catholic Voters: Reflections on Forming Consciences for Faithful Citizenship.
Catholic Social Teachings/ Jurisprudence
164. Wagner, William J., To the Age of Social Revolution: As Papal Rejoinder, "The Apocalypse Is Not Now", 53 Villanova Law Review 209 (2008).
In a first section, this article, thus, sketches the outlines of the Augustinianism and Idealist political philosophy, both Ancient and Modern, influencing Pope Benedict's political philosophy. In a second section, it sets out Pope Benedict's political philosophy. In a third, it adumbrates Pope Benedict's theology of Church. In a fourth, it sets forth Pope Benedict's vision of legal ordering of Church-State relations, and, in its concluding fifth section, it comments on the nature and limits of Pope Benedict's distinctive contribution.
CUA Law Faculty/ Jurisprudence
165. Waldron, Jeremy, The Injury Done by Christian Silence to Public Debate over America’s Use of Torture, 2 Journal of Law, Philosophy and Culture 1 (2008).
The author's purpose in this essay is to articulate his sense of the nature and significance of the loss that American public debate has incurred through the pattern of Christian silence that he has noted.  Part of the journal's symposium on Reflections on Catholic Social teaching.
Civil Rights/ International Law
166. Wall, Barbara E., Ethical Considerations for a New Jurisprudence: A Catholic Social Thought Perspective, 11 Barry Law Review 17 (2008).
Wall's article was a paper presented as part of a conference hosted by the law schools of St. Thomas University and Barry University, "Framing an Earth Jurisprudence for a Planet in Peril." Wall examines how the Catholic conception of creation can better inform law and morality in our treatment of the natural environment. Wall contends that "the central theme of this paper is one of retrieval. The first part of the paper addresses a way of seeing the world, first in a biblical vision of the world that celebrates the experience of wonder at the beauty of creation experienced by the Hebrew people with a concomitant response of respect for the role of humans in the story of creation. The Christian Scriptures also provide a vision of the world through the lens of a new creation brought about as gift and promise of a loving God. The second part of this paper addresses the legacy of the Enlightenment thought on the relationship between humans and the natural world."
Environmental Law/ Catholic Social Teachings/ Jurisprudence
167. Warner, Keith Douglass, The Moral Signifiance of Creation in the Franciscan Theological Tradition: Implications for Contemporary Catholics and Public Policy, 5 University of St. Thomas Law Journal 37-52 (2008).
This paper will proceed as follows. It begins by explaining why Francis was named “patron saint of those who promote ecology,” and describes the theological significance of creation for him. It then identifies key metaphors used by St. Bonaventure to describe creation in theological terms, and follows with an introduction to Bl. John Duns Scotus's thought on the Christological significance of creation. It concludes by proposing some key implications from this tradition for our consideration today. (Abstract excerpted from article)
Environmental Law
168. Warner, Keith Douglass,, Moral Significance of Creation in the Franciscan Theological Tradition: Implications for Contemporary Catholics and Public Policy, 5 University of St. Thomas Law Journal 37 (2008).
Inspired by Pope John Paul II's reflections on the environment and Catholic duties toward the same in his 1990 World Day of Peace Message, Keith Warner Douglass  interpret these duties in light of the eight-hundred-year-old Franciscan theological tradition. Douglass examines the thought of three great thinkers in the Franciscan tradition: St. Francis of Assisi, St, Bonaventure, and Bl. John Duns Scotus in order to reach a richer understanding of a proper Catholic environmental ethic.
Environmental Law
169. Weigel, George, Against the Grain: Christianity and Democracy, War and Peace (New York: Crossroad Pub. Co., 2008).    WorldCat      [WCat]
Weigel's volume brings together a number of essays containing reflections on Catholic social teaching as it relates to politics and the Church's relationship to it, as well as how the Church's modern understanding of "just war" can be understood in a robust, non-pacifist way. Essays include "The free and virtuous society;" "The sovereignty of Christ and the public church;" "Diognetus revisited, or, what the church asks of the world;" "The paradoxes of disentanglement;" "Is political theology safe for democracy?" "Popes, power, and politics;" "Two ideas of freedom;" "Thinking world politics: a Catholic optic;" "Moral clarity in a time of war;" "Just war and the Iraq wars I;" "Just war and the Iraq wars II;" "Is Europe dying? Secularist shibboleths and the future of the West."
Catholic Social Teachings/ Civil Rights
170. Breen, John M., The Air in the Balloon: Further Notes on Catholic and Jesuit Identity in Legal Education, 43 Gonzaga Law Review 41 (2007-2008).
John Breen offers an essay following up on an earlier article he authored, entitled, "Justice and Jesuit Legal Education: A Critique," in which he took issue with the claim made by Jesuit legal educators that legal education  offered at Jesuit law schools "is distinctive and, at least by implication, qualitatively better than the education made available to students at other law schools." By the standards set forth by the Jesuits themselves, Breen contends, such education has been a failure. Breen devotes this essay to clarifying and further developing some of the ideas set forth in original article, and to respond to some of the criticisms that he had received since its publication.
Catholic Dimensions of Legal Education
171. Breen, John M., Action as the Fruit of Contemplation: A Reply to Bryce, Donnelly, Kalscheur, and Nussbaum, 43 Gonzaga Law Review 645 (2007-2008).
Responding to comments offered by Michael Bryce, Thomas Donnelly, Gregory Kalscheur, and Spencer Nussbaum on his previous article, "The Air in the Balloon: Further Notes on Catholic and Jesuit Identity in Legal Education," 43 GONZAGA. L. REV. 41 (2007), John Breen notes areas of common ground between himself and his commenters on the nature of Jesuit legal education and how it might be improved, while also offering substantive critiques of their contributions, especially their emphasis on the centrality of clinical legal education as central to the Jesuit legal mission.
Catholic Dimensions of Legal Education
172. Bryce, C. Michael, Teaching Justice to Law Students: The Legacy of  Ignatian Education and Commitment to Justice and Justice Learning in 21st Century Clinical Education, 43 Gonzaga Law Review 577 (2007-2008).
In Part II, I discuss the loss of meaning in law school and the legal profession as referenced by Professor Breen. The cause for this loss is viewed by him as a failure to undertake jurisprudential education of law students during law school. Conversely, I view the causes of this loss as much broader; with the present-day methods of legal education being a major contributing factor. Part III includes a review of the Jesuit tradition of education and the corollary commitment by Jesuits to justice within their tradition. The success of Jesuit education for centuries can be found in their concern for the individual student (cura personalis) and for persons in the world. The Jesuits have also been successful in providing both cognitive and affective learning to students, while at the same time identifying the necessity of students to assist others. In doing so, Jesuit education continues to follow the solid roots of its Ignatian tradition. Part IV elaborates why clinical legal education is the best conduit in legal education for promoting justice. Jesuit law schools wisely recognize the importance of clinical education and the University of Detroit Mercy has made clinical education mandatory for every student. The deficits of Langdellian legal education regarding justice and moral learning are enumerated throughout the essay and the benefits of student learning justice concepts in context are highlighted. Part V identifies proposals to effectuate justice learning in law school. In addition to requiring each student to take a clinic, the proposals would include optional courses in jurisprudence and Catholic social teaching. In addition, a major revamp of the third-year curriculum would be undertaken. Still, another important reform would be for faculty members to have more personal and individual contact with students. Such mentoring would significantly alter the lingering malaise that students and lawyers experience in the law. In Part VI the essay concludes by recognizing the dialogue Professor Breen has introduced as a welcome initiative. Nevertheless, his analysis misses the mark in terms of why students and lawyers are feeling an inherent loss and his proposals to ameliorate this loss are also wide of the mark. They fail to ensure an amelioration of the lingering malaise and will not fully promote justice.  (Abstract excerpted from article)
Catholic Dimensions of Legal Education
173. Chodorow, Adam S., Biblical Tax Systems and the Case for Progressive Taxation, 23 Journal of Law and Religion 51 (2007-2008).
In this article, Adam Chodorow offers a biblical defense for progressive taxation systems. In Part I he describes the different Bible-based approaches to the question of tax equity and distributive justice. In Part II, he describes the Biblical and Talmudic tax systems identified above and places them in their religious and historical context. Finally, in Part III he considers what inferences can and should be drawn from such systems regarding Judeo-Christian values and the allocation of tax burdens in a modern secular tax system.
Taxation
174. Donnelly, Thomas More, The Leaven of the World: Serving the Poor Is Neither the Air In the Balloon Nor the Cherry on the Sundae, 43 Gonzaga Law Review 607-629 (2007-2008).
Donnelly's article divides itself into two segments: (1) showing clinics form the best starting point for teaching law students about justice and (2) asserting that Catholic clinics should distinguish themselves from clinics at secular law schools by incorporating the gospel values, which require serving the poorest and most despised members of society with humility.
Catholic Dimensions of Legal Education
175. Nussbaum, Spencer K., No Man Can Serve Two Masters: A Student Perspective On Jesuit legal Education, 43 Gonzaga Law Review 631-644 (2007-2008).
Nussbaum's article first addresses the importance and vitality of a few of the differences found in a Jesuit law school through various extra-curricular activities and graduation requirements--the ingredients that make up the remaining fading threads of Jesuit and Catholic identity. Nussbaum then offers his own criticism of the clinical program as it functions at Gonzaga University School of Law. This is followed by a discussion of the Jesuit law schools losing focus by emphasizing national prominence and approval at the cost of abandoning the very principles for which the law schools were founded in the first place. Finally, Nussbaum proposes a simple solution and elaborate on Professor Breen's suggestions in solving the problems he has encountered in the curriculum as a student. The faculty should be allowed, in their own way, to share their experiences with the concept of justice and a course in moral theory and jurisprudence should be required. Nussbaum closes by expressing his hope that Jesuit law schools across the country will again renew their commitment to the Master himself and share with their students the principles that will provide success in the legal profession and in God's kingdom.
Catholic Dimensions of Legal Education
176. Alvare, Helen M., The Moral Reasoning of Family Law: The Case of Same-Sex Marriage, 38 Loyola University of Chicago Law Review 349 (2007).
In order to explore the differing moral reasoning about adult sexual unions employed by same-sex marriage proponents and Abrahamic believers, this essay will proceed as follows: First, in the arguments favoring same-sex marriage, I will document examples of the three elements of moral reasoning identified above. These will be drawn from transcripts of legislative debates, oral arguments, and judicial opinions, all concerning same-sex marriage or related same-sex unions. Second, I will contrast the reasoning favoring same-sex marriage used in these sources with the reasoning employed regularly by each of the Abrahamic traditions.  In these portions of the paper, it is necessary in the case of Christianity and Judaism to focus upon certain denominations or branches and not others. Within Christianity, Roman Catholicism alone is discussed, not only for reasons of length, but also for the prominence of its opposition to same-sex marriage and for the significant historical and theological record of its teachings on matters taken up by this paper. In Judaism, only Orthodox and Conservative Judaism are referenced. Reformed Judaism in the United States has endorsed same-sex marriage, and has done so largely by ignoring or disclaiming its own scriptures explicitly contradicting same-sex relations. Conservative and Orthodox Judaism, on the other hand, like Roman Catholicism, continue to rely upon longstanding and substantial historical and theological sources regarding the matters taken up by this paper. Islam is nearly univocal on the matter of same-sex unions. Third, and in conclusion, I will suggest two types of consequences that could flow from the more widespread adoption of same-sex marriage proponents' moral reasoning about adult sexual unions. These include consequences for family law itself, as well as consequences for the relationship between family law, society, and Abrahamic believers.
CUA Law Faculty/ Civil Rights/ Family Law
177. Aroney, Nicholas, Subsidiarity, Federalism and the Best Constitution: Thomas Aquinas on City, Province and Empire, 26 Law and Philosophy 161-228 (2007).
This article closely examines the way in which Thomas Aquinas understood the relationship between the various forms of human community. The article focuses on Aquinas's theory of law and politics and, in particular, on his use of political categories, such as city, province and empire, together with the associated concepts of kingdom and nation, as well as various social groupings, such as household, clan and village, alongside of the distinctly ecclesiastical categories of parish, diocese and universal church. The analysis of these categories is used by Aroney to help explain Aquinas's role in the development of theories about subsidiarity, federalism and mixed constitutionalism. In the first place, it is argued that a close inquiry into Aquinas's discussion of the many and various forms of human community sheds light on the origins and development of the idea of subsidiarity within Catholic social teaching. Second, while Aquinas certainly did not advance a theory of federalism as that idea is presently understood, it is argued that recovering what Aquinas had to say about the categories of human community helps us to understand the origin and later development of federal ideas. Finally, it is argued that far from endorsing a system of absolute monarchy as is sometimes alleged, when understood in this way, Aquinas supported a particular kind of mixed constitution in which monarchy is tempered by a variety of constitutional constraints founded upon a conception of the body politic as itself constructed out of a plurality of smaller, intermediate corporations and communities of a political, ecclesiastical and social character. (Abstract excerpted in whole or part from the Social Science Research Network)
Jurisprudence
178. Beabout, Gregory R., John Paul II on the Relationship Between Civil Law and the Moral Law: Understanding Evangelium Vitae in Light of the Principle of Subsidiarity and the Moral Grammar of John Paul II, 21 Notre Dame Journal of Law, Ethics and Public Policy 71 (2007).
Beabout's essay is part of the Notre Dame Symposium on John Paul II and the Law. Beabout attempst to demonstrate that Evangelium Vitae's “doctrine on the necessary conformity of civil law with the moral law” is not an anti- democratic call for the civil enforcement of Catholic moral principles. Such an interpretation inappropriately ignores John Paul II's central teachings on the relationship between church and state, between moral law and civil law, which he articulated most extensively in his 1991 encyclical Centesimus Annus. Although Evangelium Vitae is John Paul II's most explicit treatment of the relationship between civil law and moral law, his discussion there is limited to the implications of the Church's teachings on life issues. John Paul II's teaching on the general relationship between moral law and civil law cannot be understood without considering Evangelium Vitae in light of his earlier and more comprehensive teachings on the relationship among church, state, and the individual human person."
Catholic Social Teachings/ Civil Rights/ Family Law
179. Benedict XVI, Pope (Joseph Ratzinger), Encyclical Letter Spe Salvi (Saved in Hope) (San Francisco: Vatican City: Ignatius Press ; Libreria Editrice Vaticana, 2007).     http://www.vatican.va/holy_father/benedict_xvi/encyclicals/documents/hf_ben-xvi_enc_20071130_spe-salvi_en.html
Pope Benecit XVI's second Encyclical Letter, focusing on the theological virtue of hope. "To the bishops, priests, and deacons, men and women religious and all the lay faithful on Christian hope." In regards to social teaching, the encyclical does speak to how the Christian virtue of hope impacts the Christian understanding of society and the state; to this end, Benedict draws clear distinction between the failed socio-political revolutions or liberations of Spartacus, Barabbas, and Bar-Kochba with "the new (non-political) hope" of Jesus. Includes bibliographical references.
Papal Teaching Documents/Catholic Social Teachings/ Vatican Documents
180. Benedict XVI, Pope (Joseph Ratzinger), Address to the Members of the Pontifical Academy For Life on the Occasion of the 13th General Assembly (2007).     http://www.academiavita.org/index.php?option=com_content&view=article&id=15&catid=31&Itemid=219&lang=en
Pope Benedict addressed members of the Pontifical Academy For Life on February 24, 2007, regarding the need to respect a Christian right of conscience in the context of rapidly developing biotechnology. The Pope notes that the formation and upholding of a genuinely Christian conscience is increasingly hindered because, "in the current phase of secularization, called post-modern and marked by disputable forms of tolerance, not only is the rejection of Christian tradition growing, but distrust for the capacity of reason to perceive the truth also distances us from the taste for reflection."  Given this situation, Benedict XVI urges that "It is certainly necessary to speak about the moral criteria that regard these themes with professionals, doctors and lawyers, to engage them to elaborate a competent judgment of conscience, and if need be, also a courageous objection of conscience, but an equal need rises from the basic level for families and parish communities in the process of the formation of youth and adults. "
Catholic Social Teachings/ Civil Rights/ Papal Teaching Documents
181. Bradley, Gerard V., Pope John Paul II and Religious Liberty, 6 Ave Maria Law Review 33 (2007).
This Article explores that question in light of Pope John Paul II's thought, Dignitatis Humanae, and arguments based on sound reason. In Part I of this Article, I will introduce, as a background to the discussion at hand, the thought of Pope John Paul II on religious liberty, as expressed both in Dignitatis Humanae and in his own works. In Part II, I will demonstrate that in the official conciliar and post- conciliar teaching, there is an ambiguity with respect to the permissibility of official state recognition of Catholicism. In Part III, I will refine the central question of this Article further, distinguishing my position from one that would hold recognition of the faith by a state to be obligatory. Finally, in Part IV, I will introduce four common arguments that seek to prove that state recognition of Catholicism is incompatible with the contemporary Magisterium or with the Faith itself. I will then rebut each of these four arguments in turn, so as to show that, at least under certain circumstances, state recognition of the true faith is permissible and appropriate.
Jurisprudence
182. Brakman, Sarah-Vaughan and Darlene F. Weaver, editors, The Ethics of Embryo Adoption and the Catholic Tradition: Moral Arguments, Economic Reality and Social Analysis (New York: Springer, 2007).    WorldCat      [WCat]
This collection of essays examines the ethics and legal aspects of embryo adoption.  See in particular chapters entitled "Introduction: the ethics of embryo adoption and the Catholic tradition" and "A Protestant view: the ethics of embryo adoption and the Catholic tradition."
Family Law/ Health Law
183. Brennan, Patrick McKinley, The Decreasing Ontological Density of the State in Catholic Social Doctrine, 52 Villanova Law Review 253 (2007).
Over the last century-plus,Catholic social thought has gradually reduced the ontological density of the state, to the point that the state now appears to have only a tentative grasp on the natural law basis of its legitimacy. During the first part of the twentieth century,Catholic social doctrine tended to view the legitimate state as a participant in the divine rule; although draped in a sacred mantle, the state was subject to the limits imposed by the divine and natural law. In response to the totalitarian states' transgressing of those limits at mid-century,Catholic thinkers reduced the scope and stature of the state's place in man's life in society, while insisting that the state remain tethered to the natural law. Today, however, Catholics and others face a laicized state that utterly denies its obligations under the natural law. While Pope John Paul II eventually responded to this denial by emphasizing the natural law limits on the state, Pope Benedict has instead summoned leaders and citizens to acknowledge and develop a state that is committed to "reason," even if this means inviting unbelievers to act "as if God exists." As understood by Pope Benedict XVI, the state, a servant of individuals and diverse societies, is to receive its content and direction from, among other sources, the Church; it is to receive reason purified by faith. (Abstract excerpted in whole or part from the Social Science Research Network)
Jurisprudence
184. Brennan, Patrick McKinley, Harmonizing Plural Societies: The Case of Lasallians, Families, Schools - and the Poor, 45 Journal of Catholic Legal Studies 131 (2007).
Brennan begins from the premise that the modern state characteristically assumes or asserts a monopoly over "group persons" and their right to exist; group persons are said to exist at the pleasure or concession of the state. According to Catholic social teaching, by contrast, these unities of order - such as church and family, as well as corporations and schools and the like - are, at least in potency, ontologically prior to the state. Such group persons both constitute conditions of the possibility of human flourishing and, correlatively, impose limitations on the "sovereign" state. Such group persons are not mere concessions of an unbounded state: They are ontological realities that must be recognized by the state and, as necessary or apt, regulated or assisted according to the principle of subsidiarity, properly understood. Brennan’s article studies how the current failure in the United States to respect both the reality of group persons and the proper application to them of the principle of subsidiarity frustrates the work of families and churches in the concrete conditions of America today. In particular, Brennan demonstrates how the Lasallian order, which for centuries has served the poor through education, has lost its ability to continue that work in the U.S. today. Law and policy shaped by respect for group persons and the principle of subsidiarity could, without violating the Establishment Clause as currently authoritatively interpreted, come to the rescue of family, church, and poor children. Catholic social doctrine points toward a limited state that serves not just individuals, including individuals in poverty, but the societies in which individuals reach the ontological perfections of which they are capable. (Abstract excerpted in whole or part from the Social Science Research Network)
Civil Rights/ Constitutional Law/ Jurisprudence
185. Bromberg, Howard, John Paul II, Vatican II, and Capital Punishment, 6 Ave Maria Law Review 109 (2007).
Pope John Paul II's teaching on capital punishment has not been everywhere well-received. In particular, many Catholics who have otherwise championed John Paul II's stalwart defense of orthodoxy have questioned the fidelity and soundness of this teaching.  Some of these Catholics have found it puzzling, poorly reasoned, or contradictory. Finally, it has been dismissed as merely the personal opinion of the Pope, a “prudential” judgment easily rejected by those who prefer their own expertise. This is a mistake, which not only misreads the moral and doctrinal component of John Paul II's teaching but also misses the sign of the times and a bright jewel of Catholic thought. The Pope's teaching is what it claims to be in the Catechism: an authentic rendition of Catholic Tradition. Like all authentic Christian doctrine, it was complete with the apostolic teaching, but is capable of deeper understanding by the Church under the guidance of the Holy Spirit. Part I of this Article describes Pope John Paul II's teaching on capital punishment as based on the Scriptures and expressed in Evangelium Vitae and the Catechism. Part II examines the authority with which this doctrine was issued. Part III suggests that this teaching represents the “traditional teaching of the Church,” although a “more perfect expression” of that teaching than has heretofore been recognized.  Parts IV and V indicate why the papacy of John Paul II--“this time, in which God in His hidden design has entrusted to me . . . very close to the year 2000” --was ripe for this explicit articulation of the Church's position. Part IV shows that the teaching corresponds with the Catholic understanding of the dignity of man and the nature of the state. Part V demonstrates that the teaching relies on the modern social fact of life imprisonment, made possible for the first time by technological and jurisprudential developments, as a non-lethal means to defend society.  (Abstract from article)
Criminal Law and Procedure/ Constitutional Law/ Jurisprudence/ Catholic Social Teachings
186. Butman, Adam K., Bridging the Gap: A Catholic Perspective on Global Trade as a Tool of Development, 21 Notre Dame Journal of Law, Ethics and Public Policy 263-294 (2007).
This note considers Pope John Paul II's social teaching on international trade as a tool of human development. Part I analyzes how globalization affects the developing world and why a moral theology of trade is needed in an area normally reserved to economists. Part II examines the pope's moral theology of development. Three principles--the priority of the person, the globalization of solidarity, and subsidiarity in support of economic freedom--provide John Paul's framework for analyzing the ethical implications of global trade patterns. Part III then considers the policy proposals of John Paul and high- ranking Vatican officials for reorienting the global trade system around people, solidarity, and freedom. This note concludes that international trade guided by John Paul's social teaching could be an effective tool for human development.
Corporations/ Securities Regulation/ International Law/ Catholic Social Teachings
187. Campbell, David E., editor, A Matter of Faith : Religion in the 2004 Presidential Election (Washington, D.C.: Brookings Institution Press, 2007).    WorldCat      [WCat]
A Matter of Faith : Religion in the 2004 Presidential Election consists of papers presented at a conference sponsored by the University of Notre Dame's Program in American Democracy in December 2005.  The papers examine the relgious affiliations of voters and party elites and their role in the election.  Notably includes "The changing Catholic voter : comparing responses to John Kennedy in 1960 and John Kerry in 2004" by J. Matthew Wilson.
Catholic Social Teachings/ Civil Rights/ Family Law
188. Corkery, Padraig, Companion to the Compendium of the Social Doctrine of the Church (Chester Springs, Penn.: Dufour Editions, 2007).    WorldCat      [WCat]
The Companion to the Compendium of the Social Doctrine of the Church provides an accessible overview of the Compendium of the Social Doctrine of the Church, making the Church's social teaching tradition more accessible to non-specialist readers.  The Companion tackles issues as diverse as the morality of the free market, poverty and workers' rights, and as topical as democracy and globalization.  It also includes discussion questions to enable further study.
Reference Sources/ Catholic Social Teachings
189. Flannery, Kevin L., S.J., Capital Punishment and the Law, 5 Ave Maria Law Review 399 (2007).
The present Article begins with an analysis of recent Church teaching, as found primarily (but not solely) in the Catechism of the Catholic Church (“Catechism”). The analysis of paragraph 2263 of the Catechism (conducted in Part II(A)) casts doubt upon suggestions in the Catechism itself that its teaching on capital punishment emerges in a straightforward manner from St. Thomas Aquinas's Summa Theologica (“Summa”). Part II(B) (devoted to Catechism paragraph 2264) argues that the Catechism's exposition of the same teaching is vitiated by philosophical problems and, in particular, that it fails to integrate into its account the role of force in the analysis of human action. Part II(C) examines Catechism paragraphs 2265 through 2267, which underwent several changes before a final version (the editio typica), and argues that few of these changes are substantive. Part III offers a way of overcoming the problems discussed in Part II. Part III(A) presents Aristotle's two-tiered approach to the question, “what is natural?” The work in which Aristotle sets out these ideas most clearly is his treatise De Caelo [On the Heavens], although he explicitly applies them to the political realm. Aristotle's ideas in De Caelo are also intricately connected to his metaphysics. Part III(B) argues that Aristotle's understanding of the natural is part of the philosophical and theological tradition of the Catholic Church. Part III(C) applies the two-tiered approach of the natural to capital punishment. This allows us to say that capital punishment is, in a certain sense, natural and, in another sense, unnatural; this in turn allows us to say that capital punishment is not, simply speaking, against natural law but that nonetheless--as the Church has taught in recent years--its ethical use depends on the conditions in place in the political entity in which such use is contemplated.
Catholic Social Teachings/ Criminal Law and Procedure
190. Johnson, Lyman, Faith and Faithfulness in Corporate Theory, 56 Catholic University Law Review 1 (2007).
Corporate law theory has been vastly enriched over the last thirty years by the insights of numerous disciplinary perspectives. One vantage point conspicuously missing, however, is that of religious faith. This reflects a social norm of uncertain strength, not a legal requirement. Moreover, the absence of religious voice in corporate law is something odd because many business people - like many others in the United States - are people of faith, and faith can, at least in the fiduciary duty area, serve as a rich resource for better understanding the post-Disney legal obligation to be faithful. There are many benefits for permitting and encouraging business people (and their lawyers and corporate theorists) to be more open about the connection between religious faith and business. Business people themselves benefit from gaining another source for understanding their legal duties and from the ability to engage in honest conversation. Corporate conduct itself may also benefit by altering the social norm of suppressing religious speech. Finally, greater comfort in the corporate milieu may serve to usefully reduce current skittishness about religious thinking and speech in the larger social arena, a plus in a pluralist society.  (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations
191. Kirk, Elizabeth R., John Paul II and the Law, 21 Notre Dame Journal of Law, Ethics and Public Policy 1-15 (2007).
From a Symposium on Pope John Paul II and the Law, discussing the Pope's thoughts and impact on law and jurisprudence. Kirk examines the legacy of John Paul II for the legal field. Given John Paul II's significant presence on the world stage, Kirk contends, it is appropriate to ask what his impact might be on particular fields of inquiry or professional vocations. Kirk suggests questions that lawyers and legal scholars ought to 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?"
Catholic Social Teachings/ Jurisprudence
192. Lower, Michael, John Paul II and Employee Participation in Corporate Governance, 21 Notre Dame Journal of Law, Ethics and Public Policy 111-158 (2007).
Catholic Social Thought ("CST") has called for employees to be active participants in the governance of the enterprises for which they work. This article looks at what CST has to say about employee participation. It shows that John Paul II's distinctive contribution, which was consistent with previous CST, was to lay bare the theological and philosophical justifications for CST's approach to this issue.  (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations
193. Marens, Richard, Returning to Rawls: Social Contracting, Social Justice, and Transcending the Limitations of Locke, 75 Journal of Business Ethics 63-76 (2007).
A generation ago, the field of business ethics largely abandoned analyzing the broader issue of social justice to focus upon more minor concerns. T. Donaldson applied the social contract tradition of Locke and Rawls to the ethics of management decision-making, and with Dunfee, has advanced this project ever since. Marens argues that current events suggest that if the field is to remain relevant it needs to return to examining social and economic fairness, and Rawl's approach to social contracting suggests a way to start. First, however, the field needs to discard the weaker and counterproductive aspects of its Lockean legacy: Locke's hostility to government activism and his indifference with regard to outcomes for the bulk of society. Donaldson's and Dunfee's social contracting approach is not suited to, nor was it designed to, analyze or resolve broad issues of social and economic justice. Their postulated network of communities upon which they rely is problematic in a number of ways, and while they take the legal and political status quo into account, their method does not deal with the historical reality that, as the economic and social environment changes, promoting greater justice requires new and sometimes coercive government interventions. Rawls's work, however, does acknowledge the historically demonstrable necessity of using the power of government to help to achieve desirable social outcomes. While he rejected Mill's methodology, Rawls was inspired by the earlier philosopher's concerns for social justice at a time of major economic change. The field would do well to follow the example of both men in this respect.
Jurisprudence
194. Moore, Andre E., Contact and Concepts: Educating Students at Jesuit Law Schools, 4 Gonzaga Law Review 459 (2007).
Andre Moore's article responds to an article by Professor John Breen entitled Justice and Jesuit Higher Education: A Critique published in the Loyola University Chicago Law Journal. In his article, Breen asserts that Jesuit law schools lack a distinctive quality that they should possess given the Society of Jesus' emphasis on intellectual formation and commitment to promoting justice. A necessary part of developing a distinctive approach, according to Breen, is a mandatory course on the concept of justice. Breen's describes this course as including a serious encounter with the prime thinkers of the Roman Catholic intellectual tradition. This course, he asserts, is not an attempt at proselytizing law students, but a way of promoting critical thinking about contemporary social and moral issues that they may confront as lawyers. In response, Moore contends that such a class is not likely to achieve Professor Breen's goals. An explicit attempt at shaping students' philosophical or moral views may easily be disregarded as peripheral to the professional training they are receiving. Secondly, in spite of intentions to the contrary, such a course could become akin to proselytizing given that Breen asserts the need for the course is rooted in the students' lack of understanding about justice. Although he uses the language of dialogue, such a course will not be a give and take on equal footing. Some students may not simply dismiss such a course but find it offensive.Moore’s counter-proposal involves a two-pronged approach. First, Moore recommends weaving justice issues into the existing law school curriculum. This should be done by making students aware of the conversion process they will go through as they learn the analytical thinking approach that is demanded of lawyers. But perhaps the most effective way to promote a focus on justice, Moore argues, is requiring students to have a direct service experience. (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Dimensions of Legal Education
195. Moore, Karin A., Embryo Adoption: The Legal and Moral Challenges, 1 University of St. Thomas Journal of Law & Public Policy 100 (2007).
This paper discusses the advent, consequences and controversy of one of those moral dilemmas: embryo adoption. With an estimated 400,000 human embryos cryogenically preserved around the United States, and the stockpile of embryos growing at a current rate of 18.8% annually, interested individuals and groups of all different motivations have weighed in on the proper method for disposing of these embryos. Supporters of embryonic stem cell research desire that the embryos be donated for scientific experimentation. Among opponents of embryonic stem cell research who believe the embryo deserves protection as a human person, many call for these embryos to be rescued and placed where they belong: in a mother's womb through a process they call “embryo adoption.” Yet, not all who believe the embryo deserves the protection of a human person agree that embryo adoption is a prudent course of action. Instead, several advocate allowing the embryos to naturally perish and instead fight the battle against the creation of excess embryos. Both these factions consider the embryo a human life worthy of protection. The question dividing them is: when life has been created in an unnatural way, how does the pro-life community respond to the unique problems that result? Part I discusses the evolution of the reproductive technology that has created the very high number of embryos frozen in storage; Part II looks at the use of embryo adoption to try to deal with a current perceived problem; Part III looks at the current law surrounding embryo adoption; and Part IV looks at the moral debate in pro-life communities regarding the procedure.
Health Law
196. Myers, Richard S., Pope John Paul II, Freedom, and Constitutional Law, 6 Ave Maria Law Review 61 (2007).
In this Article, I will briefly describe certain trends in American constitutional law, with a particular focus on the doctrine of substantive due process. These trends reflect seriously misguided approaches. The Court has, to a certain degree, absorbed the worst aspects of modern culture. In certain opinions, the Court has embraced an extreme form of moral autonomy and the privatization of religion. These views, which have not yet completely carried the day in the lower courts, have serious inadequacies, and are ultimately threatening to the individual freedoms they purport to protect. Pope John Paul II’s writings offer a helpful alternative; his thought emphasizes the link between freedom and truth, and the need to understand freedom within the limits of the objective moral law. This is a perspective we would do well to consider as we think through these issues in constitutional law and in public policy debates outside the courts.
Jurisprudence
197. Nelson, Christopher D., Protecting the Immigrant Family: The Misguided Policies, practices and Proposed Legislation Regarding Marriage License Issuance, 4 University of Saint Thomas Law Journal 643-667 (2007).
This article is about the importance of promoting marriage of immigrant families in United States law. Particularly, this article is about promoting and protecting marriages through the policies in marriage license issuance. This article will show the following: (1) county licensing centers across the country are misconstruing state and federal statutes regarding marriage licenses for undocumented immigrants; and (2) recent proposed state legislation in Virginia, Tennessee and Connecticut denying marriage licenses to undocumented immigrants violates the Constitution's Due Process, Equal Protection and Supremacy clauses, and is therefore unconstitutional. In addition, this article has a threefold advocacy purpose: (1) to assist the heads of county licensing centers across the country in interpreting complicated state and federal laws; (2) to assist attorneys and judges in making constitutional and statutory-based arguments against any law or policy that denies marriage to immigrant families; and (3) to encourage clergy and lay members of the Catholic Church to advocate for the right to marriage for immigrants in their communities. Section II of this article will discuss in policies and practice of marriage license issuance across the country. Section II will also discuss the Welfare Reform Act, which was the mistaken cause for many marriage license refusals. Sections III and IV will provide a constitutional analysis of laws that deny marriage to undocumented immigrants. Section V will provide a short summary of the Catholic Church's teaching on marriage, as well as a call to clergy and lay people to advocate the protection of the right to marriage.
Family Law/ Immigration Law/ Catholic Social Teachings
198. Pell, Cardinal George, God & Caesar: Selected Essays On Religion, Politics, & Society (Washington, D.C.: Catholic University of America Press, 2007).    WorldCat      [WCat]
God and Caesar brings together a selection of Cardinal George Pell of Sydney's writings on Christianity, politics, and society from the last ten years. Drawing on a deep knowledge of history and human affairs, the essays pinpoint the key issues facing Christians and non-believers in determining the future of modern democratic life. Cardinal Pell considers questions such as: Is democracy only secular? What role can the Catholic Church and its moral vision play, and have they played, in strengthening democracy? How does "religious capital" strengthen political society? What is the bishop's critical role in building a culture of life? And why is belief in God important to the health of a democratic society?
Catholic Social Teachings/ Civil Rights
199. Perry, Michael, Toward a Theory of Human Rights: Religion, Law, Courts (Cambridge: Cambridge University Press, 2007).    WorldCat      [WCat]
Perry's work attempts to lay out a comprehensive theory of human rights.  Perry's book is divided into three parts: Part One discusses the morality of human rights; Part Two discusses the relationship of the morality of human rights to the law of human rights; and Part Three discusses the proper role of courts in protecting human rights.  While not focused on Catholic or religious teachings and the role in shaping law per se, Perry does discuss Catholic teachings in the context of the development of specific rights claims, such as capital punishment, abortion, and same-sex marriage.
Catholic Social Teachings/ Jurisprudence/ Civil Rights
200. Powell, Russell, Catharine MacKinnon May Not Be Enough: Legal Change and Religion in Catholic and Sunni Jurisprudence, 8 Georgetown Journal of Gender and the Law 1-42 (2007).
Powell’s article asserts that legal change in systems influenced by religion requires a legitimizing hermeneutic rooted in sacred texts and tradition. Powell argues that a number scholars of legal history (Michael Klarman), feminist jurisprudence (Catharine MacKinnon, Katherine Bartlett and Elizabeth Schneider) and narrative theory (Jacques Derrida, Richard Delgado and Jean Stefancic) explicitly or implicitly accept that legal reform is in some sense determined by underlying social shifts attributed variously to public opinion, consciousness or narrative. Although Powell concedes that he generally agrees with this view, his research comparing the law and theory governing divorce and leadership by women in Roman Catholicism and Sunni Islam indicates that religious communities require the additional step of a hermeneutic to validate legal change. Thus, proposed legal reform in cultures influenced by religious thought (even if only on select issues) ought to address hermeneutics in order to be successful.  (Abstract excerpted in whole or part from the Social Science Research Network)
Family Law/ Civil Rights
201. Schiltz, Elizabeth, Should Bearing the Child Mean Bearing All the Cost? A Catholic Perspective on the Sacrifice of Motherhood and the Common Good, 10 Logos 15 (2007).
One of the most significant factors in the persistent wage gap between men and women in the United States is the economic penalty suffered by working mothers. As a Catholic legal academic struggling with the complex issues involved in securing mothers' access to financial security, I discovered some surprising compatibilities between the Catholic Church's teachings on the importance of family and the role of women, and recent writings of feminist legal scholars. In this essay, I argue that Catholic thought could contribute to the development of an emerging theory of justice that is compatible with both Catholic and feminist theorist agendas, which in turn could facilitate the difficult work of translating Church teachings on this topic into concrete policy proposals. Over the past decade, feminists such as Martha Fineman, Eva Feder Kittay, Robin West, and Joan Williams have argued that the dominant equality-based theory of justice needs to be replaced or supplemented by a theory of justice that incorporates the reality of dependency and the need for dependency care. An important component of this argument is a critique of the devaluation of the dependency care work mainly performed by women - primarily raising children but also caring for the old and the infirm. There are two predominant approaches to addressing this marginalization of care work - either change the fact that women do most of this kind of work, or change the fact that this work is accorded no economic value. I argue that the latter approach is the most promising, the most realistic, and, when translated into concrete policy proposals, the most consistent with the positions taken by the Catholic C hurch in writings such as Laborem Exercens, Familiaris Consortio, and Evangelium Vitae. (Abstract excerpted in whole or part from the Social Science Research Network)
Family Law/ Civil Rights
202. Schiltz, Elizabeth R., Motherhood and the Mission: What Catholic Law Schools Could Learn From Harvard About Women, 56 Catholic University Law Review 405-450 (2007).
This article argues that Catholic law schools have compelling reasons to pay close attention to a largely ignored part of the controversial speech given last year by the President of Harvard University, Lawrence H. Summers, about the persistent under-representation of women on university faculties. While the press accounts of this talk focused on his speculation that there might be innate differences in aptitudes of men and women in science and math, Summers argued that a more significant cause of the under-representation of women might be the clash between the demands of high-powered jobs and the demands of family life. This article summarizes the data supporting Summer's speculation, and argues that the teachings of the Catholic Church give Catholic law schools a special responsibility to implement workplace reforms that accommodate faculty members who have children. (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Social Teachings/ Catholic Dimensions of Legal Education
203. Silecchia, Lucia A., Discerning the Environmental Perspective of Pope Benedict XVI SSRN logo SSRNcat, 4 Journal of Catholic Social Thought 227-269 (2007).
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 to his papal election, he articulated an intricate and thoughtful reflection on the created world and the responsibility of humanity to the created world. The paper focuses on four principal themes expressed repeatedly by Pope Benedict that are likely to provide the basic framework for his approach to environmental responsibility in the twenty-first century.  (Abstract excerpted in whole or part from the Social Science Research Network)
CUA Law Faculty/ Environmental Law
204. Stabile, Susan J., John Courtney Murray and the Abortion Debate, 4 Journal of Catholic Social Thought 87-124 (2007).
Out of a conviction that the writings of Catholic philosopher John Courtney Murray help us to move from confusion to debate, Stabile's paper explores the contributions of Murray to our thinking about the issue of abortion and Catholci social thought.  Stabile considers to what extent Murray's statements about how the Church should respond to contraception carry over into the development of a workable position regarding abortion.  Stabile also considers Murray's concept of consensus and the role of public consensus in distinguishing between issues of public and private morality.   Stabile argues that abortion is a matter of public morality, but also that prudential considerations must be taken into account in deciding whether and how the law should intervene.
Civil Rights/ Health Law/ Constitutional Law/ Jurisprudence
205. Stabile, Susan J., When Conscience Clashes with State Law and Policy: Catholic Institutions, 46 St. John’s Journal of Catholic Legal Studies 137 (2007).
Stabile notes that there has been a lot of public attention of late to issues involving a clash between the conscience of Catholic institutions and state law and public policy. The issue of a Catholic institution's conscience can arise in a number of different circumstances. Does a religious employer have to provide contraception coverage for its employees? Does a Catholic hospital have to provide access to emergency contraception and must it provide abortion services? Must a Catholic adoption agency allow gay persons or same-sex couples to adopt children? In this discussion, Stabile attempts to distinguish questions of institutional conscience from questions of individual conscience.
Civil Rights/ Jurisprudence
206. Stith, Marah Carter, Immigration Control: A Catholic Dilemma?, 84 University of Detroit Mercy Law Review 73 (2007).
This article studies whether Catholic teaching, with its foundation in natural law, condones differing views on immigration control. This analysis reveals that divergent responses to immigration are indeed permissible and natural among faithful Catholic believers. I would therefore urge Catholic lawmakers to recognize the permissible variation among believers and to dialogue more openly with religious and secular lawmakers. (Abstract excerpted from article)
Catholic Social Teachings/ Immigration Law
207. Tozzi, Piero, When Conscience Clashes with State Law & Policy: Catholic Institutions: A Response to Susan Stabile, 46 Journal of Catholic Legal Studies 161-174 (2007).
Responding to Professor Susan Stabile's analysis of the clash between the secular state and the autonomy of religious institutions, the author gives a legal practitioner's gloss on the subject. Reflecting on three matters that he had litigated, he delves into the increasing encroachment of the secular state upon the free exercise rights of religious institutions and the conscience rights of individuals. Such examples from his practice include fighting the imposition of a "contraception mandate" upon ostensibly religious organizations, requiring them to provide contraceptives to their employees despite consistently-held church teaching over two millenia that the use of contraceptives is an "intrinsically evil" act. The author concludes his remarks with a meditation upon the Natural Law as a guide to conscience, foreseeing that well-formed conscientious individuals and doctrinally-faithful religious institutions will increasingly be pressured by an illiberal, encroaching secular "New Orthodoxy" to abandon their principles. (Abstract excerpted in whole or part from the Social Science Research Network)
Civil Rights
208. United States Conference of Catholic Bishops, Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States (2007).     http://www.usccb.org/bishops/FCStatement.pdf
The U.S. Bishops's 2007 statement providing guidance to Catholic voters.  "In this statement, we bishops do not intend to tell Catholics for whom or against whom to vote. Our purpose is to help Catholics form their consciences in accordance with God’s truth. We recognize that the responsibility to make choices in political life rests with each individual in light of a properly formed conscience, and that participation goes well beyond casting a vote in a particular election."
Bishops' Statements/ Catholic Social Teachings
209. Vischer, Robert K., Solidarity, Subsidiarity, and the Consumerist Impetus of American Law, in Recovering Self-Evident Truths: The Catholic Perspectives on American Law (Washington, DC: Catholic University of America Press, 2007).    WorldCat      [WCat]
Catholic social teaching is, by design, ill- suited to abstract formulation. It can be understood only through exploration in the context of pressing social problems. At the same time, the value of the teaching emanates from its grounding in truths that are not cabined by the contingent nature of modern epistemological understanding. The Church offers lessons to particular participants in a particular scene of the human drama because its foundational principles speak to all participants in the human drama, everywhere and in every age. Nowhere is this attribute reflected more clearly than in discussions of the two pillars of Catholic social teaching - solidarity and subsidiarity. In simple terms, solidarity represents the "commitment to the good of one's neighbor," and subsidiarity represents the conviction that "needs are best understood and satisfied by people who are closest to them."The relevance of the interplay between these principles becomes clear against the background provided by the expanding norms of consumer autonomy in American law. Increasingly, the state has taken upon itself the responsibility to compel providers to honor the individual consumer's decisions, regardless of how morally problematic those decisions might be from the provider's perspective. Examples of this trend abound when it comes to the provision of goods such as health care, education, and law. This chapter - part of a forthcoming volume titled Recovering Self-Evident Truths:CatholicPerspectives on American Law - introduces solidarity and subsidiarity into the conversation.  (Abstract excerpted in whole or part from the Social Science Research Network)
Jurisprudence
210. Witte, John Jr., and Frank S. Alexander, editors, The Teachings of Modern Roman Catholicism on Law, Politics, and Human Nature (New York: Columbia University Press, 2007).    WorldCat      [WCat]
The Teachings of Modern Roman Catholicism on Law, Politics, and Human Nature contains key documents of Catholic social teaching from Leo XIII through John Paul II along with commentary by noted scholars.
Catholic Social Teachings/ Civil Rights/ Labor Law
211. Adolphe, Jane, The Holy See and the Universal Declaration of Human Rights: Working Toward a Legal Anthropology of Human Rights and the Family, 4 Ave Maria Law Review 343 (2006).
The purpose of this article is to give an overview of the Holy See’s perspective on the UDHR with the aspiration of promoting further study and development of an authentic perspective of international human rights and the family. While looking at human rights through an anthropological lens, the article will explore how the UDHR remains an important touchstone for international dialogue.
Family Law/ Civil Rights
212. Alvare, Helen M., An Anthropology for the Family Law of Indissolubility, 4 Ave Maria Law Review 497-546 (2006).
My own article will pursue Cardinal Trujillo’s suggestion to find a more solid anthropological basis for that portion of United States family law treating the indis/solubility of adult sexual relationships, including marriage and cohabitation. I take up only the indis/solubility question, not only for reasons of length, but also because there appears to be some limited openness in the United States to dialogue and reform in this area. I do so also because more freely allowing divorce was an important chronological and philosophical “tipping point” in family law.
CUA Law Faculty/ Family Law
213. Aquinas, St. Thomas, Summa Theologica : Latin text and English translation, introductions, notes, appendices and glossaries (Cambridge, UK ; New York: Cambridge University Press, 2006).    WorldCat      [WCat]  http://newadvent.org/summa/
Aquinas's preeminent philosophical and theological work provided the foundation for much of Catholic social teaching, particularly as formulated in early encyclicals of Leo XIII and Pius XI. See in particular the Treatise on Justice in the Secunda Pars (IIa-IIae, q. 57-122), particularly questions 61 and 66, quoted at length by both Popes.  This edition provides the original Latin text side by side with a parallel English translation on opposite pages.  The Summ is also available online in numerous locations, notable New Advent (see link attached) or Corpus Thomisticum for the Latin text online (http://www.corpusthomisticum.org/).
Reference Sources/ Catholic Social Teachings
214. Aversano, Dina, Can the Pope Be a Defendant in American Courts? The Grant of Head of State Immunity and the Judiciary's Role to Answer This Question, 18 Pace International Law Review 495-529 (2006).
The recent case against the Pope brings to light the issue of whether the question of head of state immunity should continue to be resolved solely by adherence to an absolute theory of immunity, which is inconsistent with the restrictive theory of sovereign immunity behind the FSIA. The recent case against the Pope brings to light the issue of whether the question of head of state immunity should continue to be resolved solely by adherence to an absolute theory of immunity, which is inconsistent with the restrictive theory of sovereign immunity behind the FSIA. This Comment shows how, following the guidelines of a restrictive theory of head of state immunity, the requisite tools already exist for the judiciary to resolve head of state immunity claims were the FSIA to contain a separate exception applicable to heads-of-state.
Criminal Law and Procedure/ Constitutional Law
215. Benedict XVI, Pope (Joseph Ratzinger), God's Revolution : World Youth Day and Other Cologne Talks (San Francisco: Ignatius Press, 2006).    WorldCat      [WCat]
God's Revolution is a compilation of Pope Benedict XVI's twelve speeches to youth  and to other groups during the World Youth Day in Cologne, Germany in August, 2005.  Although the focus of the Pope's talks was spiritual, the social dimension of faith permeates his addresses.  Benedict spoke of the "nuclear fission [induced] in the very heart of being" as the interior, true revolution that man yearns for - as contrasted with the failed political revolutions of the twentieth century, in which men stopped waiting for God to intervene and decided to take mattters into their own hands, invariably with tragic consequences.
Vatican Documents/ Catholic Social Teachings
216. Benedict XVI, Pope (Joseph Ratzinger), Lecture of the Holy Father at the Aula Magna of the University of Regensburg: Faith, Reason and the University: Memories and Reflections (Glaube, Vernunft und Universität — Erinnerungen und Reflexionen) (2006).     http://www.vatican.va/holy_father/benedict_xvi/speeches/2006/september/documents/hf_ben-xvi_spe_20060912_university- regensburg_en.html
Benedict XVI's controversial lecture at the University of Regensburg in 2006, outlining the essential role of reason in faith, drawing from ancient Greek as well as Scripture sources.  In Benedict's view, God is always understood to act in accordance with reason, and human laws founded on His revelation should likewise reflect reason.
Catholic Social Teachings/ Vatican Documents
217. Benedict XVI, Pope (Joseph Ratzinger), Encyclical Lettter Deus Caritas Est (God Is Love) (2006).     http://www.vatican.va/holy_father/benedict_xvi/encyclicals/documents/hf_ben-xvi_enc_20051225_deus- caritas-est_en.html
The first part of Deus Caritas Est discusses the different species of love, and how love is best understood in a fully Christian sense.  The second half, based on a report prepared by the Pontifical Council Cor Unum, is less abstract, considering the charitable activities of the Church as an expression of love which draws its power from contemplative union with God.  Benedict XVI notes that social justice is the primary responsibility of politics and the laity; the church itself should inform the debate on social justice with reason guided by faith, but its main social activity should be directed towards charity.
Catholic Social Teachings/Papal Teaching Documents
218. Berg, Thomas C., John Courtney Murray and Reinhold Niebuhr: Natural Law and Christian Realism, 3 Journal of Catholic Social Thought (2006).
During the two decades after World War II, two Christian theologians of public life appeared on the cover of Time magazine: Reinhold Niebuhr in 1948 and John Courtney Murray in 1960. As their appearances suggest, during this time Murray the Catholic and Niebuhr the Protestant were America's most prominent Christian theologians concerning the relationship between religion, morality, and politics. Murray and Niebuhr each engaged in polemics directed at the other's writings or school of thought. Niebuhr criticized the Catholic natural-law tradition for rigidity and for elevating contingent features of pre-modern societies into the supposedly universal standards of human reason. Murray, in defending the universal propositions of natural law, blasted Niebuhr's Christian realism as a theory that sees things as so complicated that moral judgment becomes practically impossible.Berg’s thesis is that Murray and Niebuhr, natural law and Christian realism, are not as far apart as they seemed, for the reasons following. Indeed, the philosophically deepest aspects of the American founding reflect elements both of natural-law reasoning - as Murray emphasized - and realist concerns to structure institutions so as to counter the inevitable tendencies to self-aggrandizement - as Niebuhr emphasized). (Abstract excerpted in whole or part from the Social Science Research Network)
Jurisprudence/ Catholic Social Teachings
219. Carozza, Paolo, The Universal Common Good and the Authority of International Law, 8 Logos 28-55 (2006).
Carozza’s article examines the foundations of international law and the authority of international institutions from the perspective of the intellectual traditions of Catholic social thought and natural law theory. The first half of the discussion focuses on the concept of a "universal common good" which grounds the authority of international law. It identifies four unresolved ambiguities in the idea of a universal common good, which need to be further clarified in order to understand better the role of international law and institutions in the contemporary world. The second part of the article applies the discussion of the universal common good to the analysis of one important aspect of contemporary international law: the authority of international institutions. Using in particular the example of the UN Security Council, the article argues that the decisions of international institutions should be considered to be authoritative in the fullest sense insofar as they serve the universal common good. (Abstract excerpted in whole or part from the Social Science Research Network)
International Law
220. Cochran, Robert F., Jr., Catholic and Evangelical Supreme Court Justices: A Theological Analysis, 4 University of St. Thomas Law Journal 296 (2006).
The last three decades have witnessed a substantial growth in Catholic and evangelical influence on public life in the United States. Cochran considers the approaches that Catholics and evangelicals have taken toward culture and considers three aspects of Catholic and evangelical theology that are likely to influence law: the nature of law, community, and religious freedom. Cochran argues that the Catholic doctrines help to explain the substantial growth in the number of Catholics appointed to the Court in recent decades. He argues that it is not that presidents who nominate, citizens who support, and senators who confirm Catholic candidates to the Court are necessarily aware of the Catholic doctrines. Cochran reasons that candidates formed in a Catholic culture that is shaped by these doctrines develop habits of thinking that make them attractive Supreme Court candidates. Many legal scholars, both liberal and conservative, argue for very different reasons that religious faith has no place in legal decision making. Cochran considers that position and argues that while the range of cases in which religiously grounded insights affect judges' decisions should be narrow, religious influences in some cases are both unavoidable and valuable.  (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Dimensions of Legal Education
221. Conde, Jaime A., Embryo Donation: The Government Adopts a Cause, 13 William & Mary Journal of Women and the Law 273 (2006).
The disposition of cryopreserved supernumerary embryos has become a divisive issue that puts to test the tenets of the "culture of life" promoted by the Vatican and President George W. Bush. The Bush administration has spent millions of dollars to promote "embryo adoptions" while imposing restrictions on federal funding for embryonic stem cell research. On the other hand, contemporary Catholic moral theologians and philosophers disagree on the question of the morality of embryo "rescue" or "adoption", since the Church strongly opposes in vitro fertilization, the donation of gametes and embryo cryopreservation, as evidenced recently during the Italian fertility law referendum. President Bush has relied on ideologically charged "culture of life" rhetoric to promote "embryo adoptions" as the only alternative to dispose of cryopreserved ("frozen") human embryos. In doing so, he has alienated an important segment of Christian pro-lifers who support embryonic stem cell research. From a Catholic perspective, the "culture of life" as conceived by John Paul II vigorously opposes stem cell research, but embryo donation has not found its place within the Catholic "culture of life", and substituting the word "adoption" for "donation" does not solve the perplexing dilemma.  (Abstract excerpted in whole or part from the Social Science Research Network)
Civil Rights/ Family Law/ Health Law
222. Coughlin, John J., O.F.M., Tradition and Development in the Catholic Church's Teaching on Marriage: A Response to Cardinal Trujillo, 4 Ave Maria Law Review 567-580 (2006).
In his article, The Nature of Marriage and Its Various Aspects, Alfonso Cardinal López Trujillo has afforded a splendid overview of both the timeless and adaptive features of the Church’s teaching.1 In commenting on the article, I have been asked to identify obstacles to the article’s reception as well as to suggest possible resolutions. My brief response to His Eminence, Cardinal Trujillo, consists of two parts. First, I suggest that an epistemological issue is raised by the Church’s insistence that marriage continues to constitute an objective social reality in the face of modern trends in favor of the subjectivity of marriage. Second, I will discuss the “personalist” perspective on marriage as a twentieth century development in the Church’s teaching, which represents an adaptation to subjectivity even as it maintains the objective tradition. My commentary focuses on Cardinal Trujillo’s appeal to the natural law.
Family Law
223. DiIulio, John J., Jr., Catholic Social Teaching, Racial Reconciliatioon, and Criminal Justice, 3 Journal of Catholic Social Thought 121-136 (2006).
DiIulio's article contends that while the Catholic Church does not have special expertise in the complexities of the economy, society, politics, or technology, its leaders and citizens still have special responsibilities to engender racial reconciliation and restore justice to America's criminal justice system.   There is a Catholic comparative advantage, derived from Catholic social teaching, when it comes to deciding which facts are morally germane to any adequate empirical rendering of these problems.  DiIulio urges U.S. bishops to focus more strongly on racial reconciliation in its next statement on crime, and outlines five specific steps it should take to help better shape U.S. law on race and crime.
Criminal Law and Procedure/ Civil Rights
224. Douglas Brinkley and Julie M. Fenster., Parish Priest : Father Michael McGivney and American Catholicism (New York: W. Morrow, 2006).    WorldCat      [WCat]
This biography of  Catholic priest Fr. Michael McGivney - the founder of the Knights of Columbus - provides a portrait of the Church grappling with the implications of its social teaching on the ground of the Industrial Revolution at its peak, particularly in the face of widespread discrimination against American Catholics.
Catholic Social Teachings
225. Gallin, Alice, editor, Ex Corde Ecclesiae : Documents Concerning Reception and Implementation (Notre Dame, Ind.: University of Notre Dame Press, 2006).    WorldCat      [WCat]
This primary source collection brings together various documents related to John Paul II's apostolic constitution Ex Corde Ecclesiae governing Catholic educational institutions, including both primary documents from Church prelates and offices, as well as scholarly reflections.
Catholic Dimensions of Legal Education
226. George, Robert P. and Jean Bethke Elshtain, editors, The Meaning of Marriage: Family, State, Market, And Morals (Dallas: Spence Pub. Co., 2006).    WorldCat      [WCat]
Robert George and Jean Bethke Elshtain edit this collection of essays on the institution of marriage in American society. Essays include: Sacrilege and sacrament / Roger Scruton -- What about the children? Liberal cautions on same-sex marriage / Don Browning and Elizabeth Marquardt -- Changing dynamics of the family in recent European history / Harold James -- Why unilateral divorce has no place in a free society / Jennifer Roback Morse -- Framer's idea of marriage and family / David F. Forte -- Family and the laws / Hadley Arkes -- What's sex got to do with it? Marriage, morality, and rationality / Robert P. George -- Soft despotism and same- sex marriage / Seana Sugrue -- (How) Does marriage protect child well-being? / Maggie Gallagher -- Current crisis in marriage law, its origins, and its impact / Katherine Shaw Spaht -- Suffer the little children: marriage, the poor and the Commonweal / W. Bradford Wilcox.
Family Law
227. Guhin, Jeffrey, Where are the Catholic Environmentalists?, 194 America 7-10 (2006).
Guhin attempts to counter the popular perception that the Catholic Church is relatively unconcerned about the environment, arguing that there is indeed much action, but only at the local level.  In local activism as well as official statements such as the USCCB's Renewing the Earth, Catholics are rethinking how they relate to the Earth and their role in the ecological balance.  Guhin argues that this local emphasis is a desirable trait, congruent with the Church's principle of subsidiarity, but also needs greater national coordination - ideally through the USCCB.
Environmental Law
228. Holy See. Vatican, Compendium, Catechism of the Catholic Church (Washington, D.C.: United States Conference of Catholic Bishops, 2006).    WorldCat      [WCat]
The Compendium is a summary of the principles outlined in detail in the new Catechism of the Catholic Church (first published in 1994, revised in 1997), often in the question and answer format typical of older Catholic catechisms, intended for formal instruction of the faithful.
Catholic Social Teachings
229. Hornsby-Smith, Michael P., An Introduction to Catholic Social Thought (Introduction to Religion) (Cambridge: Cambridge University Press, 2006).    WorldCat      [WCat]
Hornsby-Smith provides an overview of Catholic social teaching, with a focus on developments of recent decades.  The book is divided into four parts: Part I outlines the variety of domestic and international injustices and proposes a social analysis of the causes of these injustices. Part II offers a theological reflection on the characteristics of the kingdom of God which Christians are urged to seek. Part III reviews Catholic social thought in six main areas: a) human rights, b) the family and bioethical issues, c) economic life, d) social exclusion, e) authentic development, and f) war and peace. Part IV completes the cycle with a consideration of potential appropriate social action responses to the injustices which Hornsby-Smith identifies.
Catholic Social Teachings
230. Idleman, Scott C., Private Conscience, Public Duties: The Unavoidable Conflicts Facing a Catholic Justice, 4 University of St. Thomas Law Journal 312 (2006).
The argument advanced in this article essentially has three components. First, it contends that the potential for such conflict will always exist and that trying to avoid it by either strategic ignorance or attempted detachment is, from a number of perspectives, an inadequate avenue of resolution. Second, especially given a general lack of direct and authoritative church teaching on the matter, each judge is individually obligated, by exercising the prerogative of a well-formed conscience, to resolve the conflict as it may arise from case to case. In discharging this obligation, the judge should ideally reach an outcome-even if this occasionally means recusal-that is consistent both with the church's teachings and their natural implications, and with the professional responsibilities that attend the judicial role. Third,  if the result is recusal or anything else out of the ordinary, and if court rules or customs so require, the judge should be willing to explain the basis for his or her decision, assuming that the judge also employs an appropriate level of prudence.
Jurisprudence
231. King, Andrew J., Accommodating Religion and Law in the Twenty-First Century (Symposium: God's Law in the People's Law: A Discussion of Contemporary Issues Arising from Religion and the Law), 10 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (2006).
Commenting on three contributions by Gary S. Gildin, George H. Tayler, and Lucia Silecchia to a symposium on how law can accommodate religious views and practices, Professor King notes that the United States is a modern secular nation with a strong religious tradition in which the boundary between law and religion will necessarily be contested. This has been especially true in recent years as public policy debates focus on issues of family and morality. Professors Taylor and Silecchia warn us that although religion is not always a positive force for good, particular religious traditions can offer much to public debate if done carefully. Professor Gildin, on the other hand, cautions us that minority religions may be too optimistic if they rely on courts to protect them from legislative encroachment. Of the three, Silecchia’s approach is the only one working explicitly from the principles of Catholic social teaching. In the United States, in addition to its constitutional practice, the protection of religion must rely on a normative tradition of toleration. (Abstract excerpted in whole or part from the Social Science Research Network)
Jurisprudence/ Civil Rights/ Constitutional Law
232. Kopel, David B., The Catholic Second Amendment, 29 Hamline Law Review 519 (2006).
At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The Little Renaissance that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.  (Abstract excerpted in whole or part from the Social Science Research Network)
Constitutional Law/ Civil Rights
233. McAleer, G.J., Business Ethics and Catholic Social Thought, 4 Nova et Vetera, English Edition 17-28 (2006).
McAleer attempts to critical engage the thought of Adam Smith in order to reach a better understanding of how Catholic Social Thought can establish a viable ethics in business.  McAleer concedes that Smith is a theorist of inequality, but argues that inequality can still be a quality of human dignity, just as it is in the thought of other philosophers such as Plato, Aristotle, Aquinas, Burke, Nietzcsche, and Scheler. Too often, Catholic intellectuals and academics adopt an instinctive hostility to commercial enterprise, leaving much of the Church's teaching in this area largely a dead letter. Much of the Church's social thought has common ground with the thought of Smith, and it is here that grounds for fruitful exploration of business ethics can be found. The Church, McAleer contends, must "seek to moderate the diminishment of dignity that can occur and does occur in commercial life, but realism requires that the Church think in terms of moderation and not extirpation."
Corporations/ Catholic Social Teachings
234. Naughton, Michael, The Corporation as a Community of Work: Understanding the Firm Within the Catholic Social Tradition, 4 Ave Maria Law Review 33-76 (2006).
These two visions - the society of shares and the society of interests - of the corporation are largely what American corporate liberalism has given us. While they answer in different ways the question of who gets the profits, they share several presuppositions about the corporation and those who reside in it:  1) Homo Economus : The person is largely an “interest maximizer.” 2) Positivism: The ends of management are given to managers by either the pecuniary interests of property holders or the prevailing demands of public policy and/or a collection of stakeholders. 3) Instrumental Rationality: The rationality within the corporation is largely instrumental. 4) Materialism: The corporation is an aggregate of material assets for the benefit of shareholders or the various stakeholders associated with it. It is within this broad context that I want to explore how the Catholic social tradition understands the corporation. This understanding has implications for both for-profit and non-profit corporations, although the thrust of this essay will focus on the former.
Corporations
235. Silecchia, Lucia A., Faith in the Public Square: Some Reflections on Its Role and Limitations from the Perspective of Catholic Social Teaching SSRN logo SSRNcat, 6 University of Maryland Law Journal of Race, Religion, Gender and Class 69 (2006).
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 Catholic social thought. It begins by discussing three valuable contributions that religious groups might make and then addresses a number of limitations on this role - not from the perspective of Constitutional law, but from the perspective of religious groups who should themselves understand the prudent limitations on their influence in shaping law.  (Abstract excerpted in whole or part from the Social Science Research Network)
CUA Law Faculty/ Catholic Social Teachings/ Civil Rights
236. United States Conference of Catholic Bishops, Welfare Policy: TANF Reauthorization (2006).     http://www.usccb.org/sdwp/national/tanf206.shtml
Statement by the US bishops regarding welfare policy reform. In 1996, a new welfare program based on state block grants, the Temporary Assistance to Needy Families (TANF) program, replaced the Aid to Families with Dependent Children (AFDC) program. TANF eliminated the AFDC entitlement to assistance, mandated work as a condition of receiving benefits, imposed time limits and sanctions, focused on family formation issues, and placed most of the control over administering welfare into the hands of the states. TANF was set to expire on October 1, 2002, but Congress was unable to complete work reauthorizing the law by then. Following a series of temporary extensions, the program was reauthorized through September, 2010 as part of the 2006 budget reconciliation bill. The USCCB and CCUSA support welfare policies that: Protect human life and dignity; strengthen family life; encourage and reward work; preserve a safety net for the vulnerable; build public/private partnerships to overcome poverty; and invest in human dignity.
Catholic Social Teachings/ Bishops' Statements
237. United States Conference of Catholic Bishops, United States Catholic Catechism for Adults (Washington, D.C. :: United States Conference of Catholic Bishops,, 2006).    
The presence of the Catholic Church in the United States reaches back to the founding days of our country through the leadership of Archbishop John Carroll, the first Catholic bishop in the United States. His story, like other stories at the start of the chapters in the United States Catholic Catechism for Adults, gives us a glimpse into the lives of Catholics who lived out their faith throughout our country's history. Each chapter in the United States Catholic Catechism for Adults includes stories, doctrine, reflections, quotations, discussion questions, and prayers to lead the reader to a deepening faith. The United States Catholic Catechism for Adults is an excellent resource for preparation of catechumens in the Rite of Christian Initiation of Adults and for ongoing catechesis of adults. The United States Catholic Catechism for Adults is an aid and a guide for individuals and small groups to deepen their faith. The online resources listed at the left provide suggestions on how to use the United States Catholic Catechism for Adults effectively in the home and parish.  (From USCCB book description)
Catholic Social Teachings/ Bishops' Statements
238. United States Conference of Catholic Bishops, Statement of Most Reverend William Skylstad President, U.S. Conference of Catholic Bishops on Comprehensive Immigration Reform (2006).     http://www.usccb.org/bishops/immigrationreform.shtml
Brief statement of the USCCB on comprehensive immigration reform legislation in Congress. "...[W]e believe that the status quo is morally unacceptable and must be changed. Since our nation's immigration policy does impact the basic dignity and life of the human person, it needs to be reformed urgently to uphold human dignity and to protect human life. "
Catholic Social Teachings/ Bishops' Statements/ Immigration Law
239. Vischer, Robert K., Professional Identity and the Contours of Prudence, 46 University of Saint Thomas Law Journal 1 (2006).
Vischer’s article was presented as part of a symposium on Catholic social thought, prudential judgment, and public policy. Vischer employs the virtue of prudence as a lens through which to analyze the relationship between conscience and professional identity, asserting that prudence requires a consideration of the context in which an actor's conscience is to be exercised. In many of our current disputes over conscience, our understanding of an actor's context will require an understanding of an actor's professional role. Vischer attempts to elucidate the relevance of prudence to professional role by comparing and contrasting the roles of judges and lawyers. In this context, at least, the contours of prudential judgment are informed by market dynamics: lawyers are market actors; judges are not. The professional's stance toward those whom they serve, and our evaluation of the way in which they serve, will turn on this distinction. The application of principles such as solidarity, subsidiarity, reciprocity, and the common good lead to sharply different conclusions regarding the prudent role of personal moral convictions in the work of a judge versus that of a lawyer. (Abstract excerpted in whole or part from the Social Science Research Network)
Professional Responsibility
240. Yuengert, Andrew, From Prophecy to Policy: Bishops, Prudence, and Immigration Politics, 4 University of St. Thomas Law Journal 66 (2006).
The bishops' aggressive advocacy, both to the Catholic flock and in the political arena, is imprudent. By substituting their judgment for that of their flocks, on policy questions about which Catholics of goodwill can disagree, the bishops appear to be overstepping their authority to teach Catholic Social Teaching (CST).   I make this claim, not because I find CST on immigration unhelpful -  on the contrary-it has become an indispensable moral framework for my thoughts on the subject. CST provides a set of first principles which I accept, partly on the authority of the bishops and partly on the power of those principles to illuminate the moral stakes in social policy. First principles are  indispensable, and the bishops provide an important service in teaching them. My unease does not relate to my opinions about current immigration  policy. Simply, the bishops are claiming an authority they do not have, and are thereby putting their authority on matters of faith and morals at risk,  including their authority to teach the invaluable principles of CST. (Selected Papers from the Terrence J. Murphy Institute Conference: Public Policy, Prudential Judgment and the Catholic Social Tradition )
Jurisprudence/ Immigration Law
241. Acuff, John E., The Wrong Question, 32 Pepperdine Law Review 545-549 (2005).
Part of a symposium discussion: "Can the Ordinary Practice of Law Be a Religious Calling? Part II. Practical Implications of Law as A Religious Calling."  Acuff offers a brief essay discussing the religious aspect of the practice of law, and how a Christian lawyer has a responsibility to mentor younger lawyers.
Professional Responsibility
242. Allegretti, Joseph G., Clients, Courts, and Calling: Rethinking the Practice of Law, 32 Pepperdine Law Review 395-409 (2005).
Allegretti, a Professor of Business and Religious Studies, examines whether the practice of law can be considered a religious calling. After examining the idea of a calling the author concludes that “any kind of work can be a calling,” including law. Next, he discusses how practicing law as a calling changes the profession. He believes that it “gives lawyers a new way of seeing their work and a new way of seeing themselves as lawyers and human beings.” In his final section, Allegretti reaches the conclusion that practicing law as a calling creates lawyers who are healers of conflict.
Professional Responsibility
243. Allegretti, Joseph G., In a Dark Wood: Dante as a Spiritual Guide for Lawyers, 17 Saint Thomas Law Review 875-896 (2005).
It is almost cliche nowadays to talk about the "crisis" afflicting lawyers and the legal profession. Many lawyers are disillusioned with their work, unhappy with their lifestyle, and doubtful about the wisdom of their career choice. They suffer high levels of psychological distress, substance abuse, and depression. Writer Steven Keeva claims that lawyers are facing a "personal spiritual crisis." What's missing in law practice is "caring, compassion, a sense of something greater than the case at hand, a transcendent purpose that gives meaning to [their] work." Federal court Judge William Hoeveler agrees and calls the problem "a loss of individual spirituality." Dean Anthony Kronman of the Yale Law School makes a similar point in his important book, The Lost Lawyer: Failing Ideals of the Legal Profession. Kronman notes that people enter the legal profession for a variety of reasons. Some seek money, power, or prestige. Those are not bad reasons. Most lawyers, however, "also hope their work will be a source of satisfaction in itself. Indeed, many hope the intrinsic significance it affords will be important enough to play a significant role in their fulfillment as human beings." This hope, however, has become harder to nurture and maintain. No longer do lawyers believe that their work can satisfy these deeper yearnings.  (Excerpt from article)
Professional Responsibility
244. Alvare, Helen M., The Turn Toward Self in the Law of Marriage & Family: Same-Sex Marriage and its Predecessors, 16 Stanford Law and Policy Review 135-196 (2005).
This Article will trace the presence and influence of these arguments across three crucial family law debates: the debate about the ease of dissolubility of marriage; the debate about whether to regulate ARTs designed to create children outside of marital relationships; and the current, same-sex marriage debate. When considering the religious voice in marriage and family, this Article will focus on the Roman Catholic Church for reasons of length, but also because of the sense among its opponents on family policy that this Church, with its intellectual tradition, poses the most formidable opposition. Parts I and II of this Article will chronicle the presence of these arguments in the legislative and scholarly deliberations leading, respectively, to the adoption of no-fault divorce in the late 1960s and early 1970s, and to the decision largely to avoid regulating ARTs, including when used to conceive children who are intentionally and permanently separated from one or both biological parents. Each of Parts I and II will also summarize the most prominent problematic outcomes correlated with these arguments' victory in shaping the legal and sometimes social environment for marriage and parenting. Part III will demonstrate the presence of these same arguments in the current controversy over same-sex marriage. The Conclusion will offer a critique of such arguments on their face and suggest that they directly contradict the better norms and ideals underlying current social and legislative proposals to strengthen marriage and parenting. (Excerpt from article)
Civil Rights/ CUA Law Faculty/ Family Law
245. Behr, Thomas C., Luigi Taparelli D'Azeglio, S.J. (1793-1862) and the Development of Scholastic Natural-Law Thought as a Science of Society and Politics, 6 Journal of Markets and Morality (2005).
A key figure in the original formulation of Catholic social teaching, Luigi Taparelli, S.J. promoted the revival of scholasticism at the Collegio Romano in the 1820s, where the future Leo XIII was among his students. With his Theoretical Treatise on Natural Right Based on Fact, 1840-1843, he elaborated a natural- law approach to politics that became a hallmark of Catholic social doctrine. Among those whom Pius IX assigned to found the journal Civilta Cattolica in 1850, Taparelli's critiques of radical liberalism left him erroneously marked in public consciousness as an intransigent opponent to political liberalization in general. This reputation marginalized interest in Taparelli and obscured the relevance of his theoretical works to the development of the Catholic liberal tradition. Among other things, Taparelli elaborated the concepts of social justice and subsidiarity but with implications at times quite different from how these terms have been used historically.  (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Social Teachings
246. Berg, Thomas C., Foreword: Pro-Life Progressivism and the Fourth Option in American Public Life, 2 University of St. Thomas Law Journal 235 (2005).
Berg’s article is the foreword to a symposium, "Can the Seamless Garment Be Sewn? The Future of Pro-Life Progressivism," held at the University of St. Thomas School of Law and published in volume 2, issue 2 of the University of St. Thomas Law Journal. Pro-life progressivism is an approach that combines opposition to abortion and euthanasia with a number of positions typically deemed progressive or leftward-leaning, such as support for strong anti-discrimination (including sex- discrimination) laws, strong anti-poverty programs with governmental involvement, strong environmental protection, skepticism about the use of American military force, and concern for the rights and dignity of those accused and convicted of crimes. In political debate today these positions are typically seen as contradictory. But this symposium examines the combination of positions, for virtually the first time in legal scholarship, and examines whether the approach has intellectual coherence and political viability. Symposium contributors, both proponents and critics of pro-life progressivism, include legal scholars, moral philosophers, social scientists, political activists, and a member of Congress. This Foreword introduces the symposium papers by first describing three main streams of thought that flow into pro-life progressivism: the Catholic social-justice tradition, especially the consistent ethic of life articulated by Joseph Cardinal Bernardin; pro-life feminism represented by groups such as Feminists for Life; and the left wing of evangelical Protestantism, represented by figures such as Jim Wallis, the symposium's keynote speaker. (This abstract is taken in whole or part from Social Science Research Network)
Constitutional Law/ Health Law/ Jurisprudence
247. Bost, Thomas, The Lawyer as Truth-Teller: Lessons from Enron, 32 Pepperdine Law Review 505-518 (2005).
Bost, a Professor of Law at Pepperdine University School of Law, uses Enron as a case study for evaluating the merits and limitations of the codes of professional responsibility regulating a lawyer's conduct. After a brief summary of the Enron situation, Bost discusses the involvement of Vinson & Elkins, Enron’s outside law firm, in the Watkins Investigation. While many consider Vinson & Elkins’ actions to be unethical or illegal, Vinson & Elkins claim their work met ethical standards defined by the Code. Bost states that while they probably did fully comply with the Code, there is a serious problem with the Code, which is “not a guide to moral action.” Bost reaches the conclusion that lawyers must be truth-tellers, based on Jesus’ Sermon on the Mount, in order to “effectively and fully counsel their clients.”
Professional Responsibility
248. Bost, Thomas and L. Timothy Perrin, Practicing Law as a Christian: Restoration Movement Perspectives, 32 Pepperdine Law Review 419-437 (2005).
Bost and Perrin address the apparent crisis of lawyers disillusioned with their profession. "We believe that a substantial contributing factor to this crisis is the compartmentalization mentioned above: the separation of spiritual principle from  professional conduct.    We are both Christians, members of the Churches of Christ, a part of a religious movement called the "Stone-Campbell Restoration Movement" or, more simply, the "Restoration Movement." ...The question not asked was whether our commitment to Christ called us to a standard of conduct higher than or different from the ethical rules propounded by the bar. Our purpose herein is to consider that question with some particular reference to our own religious heritage.  In Part II we describe the "standard vision" of lawyering and we summarize four models that Christians have adopted in relating to the secular culture, based on the seminal work of H. Richard Niebuhr in Christ and Culture. In Part III, we focus specifically on the Restoration Movement and, in particular, we consider the separatist tendencies of several of that movement's early leaders. Although we ultimately conclude that the separatist approach fails to provide sufficient resources for Christian lawyers who seek to fully integrate their faith commitments into their legal work, we do find that the "against culture" aspect of the Restoration Movement can and should serve as a valuable resource for its adherents. It empowers lawyers from that tradition to stand against the dominant culture, when appropriate, and to live according to the values taught and lived by Jesus Christ. In separately authored articles in this issue, we attempt to apply the concepts discussed herein in the transactional and litigation contexts, respectively."
Professional Responsibility/ Jurisprudence
249. Breen, John M., Justice and Jesuit Legal Education: A Critique, 36 Loyola University of Chicago Law Review 383-431 (2005).
Breen discusses the mission of Jesuit law schools and what he perceives as a failure on the part of Jesuit law schools to promote justice through the teaching of the “Catholic intellectual tradition.”   Breen explores topics such as legal practice and justice, justice and Jesuit identity, clinical legal education in terms of Jesuit identity, and the hiring of faculty--both Catholic and non-Catholic--who will advance the mission of a Jesuit law school.  Breen concludes that Jesuits must take an honest look at their law schools and how justice is being taught.  Only by embracing their obligation to teach the Catholic intellectual tradition can Jesuit law schools offer “something which secular schools do not.”  A survey of the websites of all American Jesuit law schools is included.  This survey examines the mission statement, curricular requirements, and clinical programs of the Jesuit law schools.
Catholic Dimensions of Legal Education
250. Calo, Zachary R., 'The Indispensable Basis of Democracy': American Catholicism, the Church-State Debate, and the Soul of American Liberalism, 1900-1920, 91 Virginia Law Review 1037 (2005).
Several recent works of scholarship explore how Establishment Clause jurisprudence has been shaped by broader political debates over the role of religion in public life. This literature focuses on the politics of anti-Catholicism, particularly during the early years of Establishment Clause jurisprudence in the1940s and 1950s. While not questioning the centrality of this period to the historical narrative, this Note argues that the political contest over church and state took shape in an earlier debate over the compatibility of Catholicism and the Constitution during the 1920s. The Church’s response to the anti-Catholicism of this period was of particular importance. Catholic apologists actively challenged the widespread argument that Catholicism could not be reconciled with a democratic liberal political order. In fact, Catholics not only defended the doctrinal compatibility of Catholic social thought and the constitutional separation of church and state. They argued that Catholicism was ideally suited to preserving the moral foundations of the free society. Far from imperiling American democracy, Catholicism was, in the words of the Church’s leading social theorist, "The Indispensable Basis of Democracy." Thus, rather than aiming to depoliticize the church-state fracas of the 1920s, American Catholics drove the issue ever more fully into the realm of politics and culture. In the process, Catholics developed a worldview that now stands at the heart of Establishment Clause politics.  (Abstract from Social Science Research Network)
Catholic Social Teachings/ Constitutional Law/ Jurisprudence
251. Clarke, Leo L. and Edward C. Lyons, The Corporate Common Good: The Right and Obligation of Managers To Do Good To Others, 32 University of Dayton Law Review 275 (2005).
An examination of the writings of Catholic theologian German Grisez as it bears on Corporate ethics.  In this Article we articulate a model of managerial freedom - and even obligation - to engage in philanthropic activity differing in significant respects from that described by Germain Grisez in his influential work of Christian ethics "The Way of the Lord Jesus: Difficult Moral Questions." We argue that Grisez's conception of a corporation as essentially ordered to the economic benefit of its stakeholders unnecessarily restricts a corporate manager's freedom of action. While Grisez denies that bald profit maximization is an appropriate standard for economic activity, it is difficult to avoid the conclusion that he eventually falls back into what we understand to be an enlightened commitment to profit maximization. We argue, however, that this conception conflicts with the inference about the nature of a corporation that a rational actor would draw from the actual behavioral conduct of modern public corporations, their public statements, and their representations to shareholders. Further, Grisez's account conflicts with fundamental statements of corporate law and seemingly, with Catholic social teaching. Based on these alternative theoretical and behavioral sources, it is difficult to accept Grisez's enlightened neo-classical model. (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations/ Catholic Social Teachings
252. Clarke, Leo. L., Bruce P. Frohnen, Edward C. Lyons, The Practical Soul of Business Ethics: The Corporate Manager's Dilemma and Social Teaching of the Catholic Church, 29 Seattle University Law Review 139-204 (2005).
The relative responsibility and authority of shareholders, directors and managers in governing a corporation has been a central issue in the law and economics literature. Part of that debate has focused on the fiduciary duty of boards and managers to maximize profits, especially when questions of social responsibility are presented. However, relatively little attention has been paid to the practical aspects of managerial decisions when ethical issues are present. In this article, we demonstrate that the shareholder primacy/profit maximization claim is more myth than substance and that corporate managers have both the power and the ethical responsibility to consider questions of right and wrong that arise in the course of the firm's operations. More importantly, we offer specific analyses of how Catholic social teaching can assist the manager in resolving those ethical issues consistent with her fiduciary duties. Our use of specific hypothetical problems allows us to avoid the usual ethereal ethical discussion and instead demonstrate how managers can use defined principles to make specific prudential judgments.  (Abstract included from Social Science Research Network)
Catholic Social Teachings/ Corporations
253. Cochran, Robert F., Jr., 32 Intoduction: Can the Ordinary Practice of Law Be a Religious Calling? 373-382 (2005).
In February, 2004, Pepperdine University's Institute on Law, Religion, and Ethics held its inaugural conference to consider the question whether religious faith, particularly the faith of Christians and Jews, can be a source of meaning for the practice of law, Can the Ordinary Practice of Law Be a Religious Calling?.  Cochran provides a brief overview of the papers presented, and adds his own thoughts.  In Cochran's view, "most lawyers, most of the time, should see themselves building a cathedral to the glory of God, even if they only do a small part in its development and are far removed from many of the people who benefit from their work."  Cochran concludes with his hope that this symposium of papers "may be the start of seeing the broader significance of their work."
Professional Responsibility
254. Conrad, Robert J., Jr., Can the Ordinary Practice of Law Be a Religious Calling?: A Panelist's Respone, 32 Pepperdine Law Review 551-559 (2005).
Conrad's essay is adapted from a presentation at a Pepperdine University School of Law conference, Can the Ordinary Practice of Law Be a Religious Calling? Conrad's essay focuses on the daily approach to the practice and study of law and not the larger juridical or philosophical questions raised by an examination of religion and law.  Conrad briefly examines the pressures that can distract lawyers from a more spiritual and fulfilling practice law, such as overwork, the desire to please others, compartmentalization, and the failure to live intentionally.
Professional Responsibility
255. Coverdale, John F., The Legacy of John Paul II to Lawyers, 36 Seton Hall Law Review 1-42 (2005).
Coverdale provides an introduction to Pope John Paul II’s writings as they relate to jurisprudence and various legal issues.   Part I explores John Paul II’s thoughts on “philosophical and theological anthropology,” i.e., what it means to be human.  In Part II, the author applies those thoughts--particularly John Paul II’s ideas regarding the connection between truth and freedom--to various legal topics, such as the right to life and labor and employment.  Coverdale concludes by noting that John Paul II’s extensive writings provide guidance to many of the basic challenges that confront lawyers, both as professionals and as human beings.
Professional Responsibility
256. Elzinga, Kenneth G., Are Lawyers 'Wonderfully Made'?, 32 Pepperdine Law Review 445-450 (2005).
Elzinga, a Professor of Economics at the University of Virginia, offered these opening remarks to Pepperdine University School of Law’s conference entitled “Can the Ordinary Practice of Law be a Religious Calling?” Elzinga focuses on the idea of a religious calling, illustrating his discussion with examples from his own life. He also includes questions he frequently asks students to assist them in identifying their calling.  Elzinga provides a non-legal introduction to the idea of careers as religious callings.
Professional Responsibility
257. Gregg, Samuel, Morality, Economics and the Market in the Thought of Benedict XVI, 25 Economic Affairs 52-54 (2005).
While not uncritical of aspects of modern capitalism, John Paul II's 1991 social encyclical, Centesimus Annus, directed official Catholic teaching towards more explicit affirmation of the moral potential of free markets, exchange and enterprise. Analysis of the pre-pontifical writings of Pope John Paul's successor, Benedict XVI, suggests that an equally nuanced approach to economics and the market from the most authoritative Catholic teaching authority is likely to continue.  (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Social Teachings/ Corporations
258. Hardy, Lee, A Larger Calling Still, 32 Pepperdine Law Review 383-393 (2005).
This is essay is part of a special symposium, "Can the Ordinary Practice of Law Be a Religious Calling?" Hardy's thesis is that the whole of life should be understood as a response to God's call. A corollary to this thesis is that if our work is also to count as a response to that call, our jobs must become smaller and larger at the same time.  This has special relevance for the legal profession, a guild notorious for demanding unbalanced lives on the part of its practicioners.
Professional Responsibility
259. Kohler, Thomas C., The Notion of Solidarity and the Secret History of American Labor Law, 53 Buffalo Law Review 883-924 (2005).
"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings as it has users. The concept became incorporated into American thought during the 19th and 20th century waves of Catholic and Jewish immigration. It provides a European vision of communitarian social order that competes with the "unencumbered self" - America's unique brand of individualism. Among philosophers, politicians, religious thinkers, and social activists, solidarity theory sought to redefine the then-prevailing views of social bonds. Nowhere is this more apparent than in the American labor movement, which espouses as its core values the principles of unity and the collective good. Yet there is something undeniably strange about the National Labor Relations Act - the apogee of the movement's efforts - which forces workers to subordinate their individual voices in order to gain a collective voice in managerial decision making. The NLRA is unique not only among the labor relation schemes of other nations, but its terms do not fit well within American legal patterns either. It is the only place in our famously individual-oriented legal system where the law seeks to protect the status of the person through the regulation of freely-formed associations. Perhaps this anomaly is rooted in the predominant role the Catholic Church has exercised in shaping America's labor movement. Kohler suggests that two factors might explain the Catholic character of American labor law. Perhaps the manner in which Catholics understand community and the Church's traditional teachings on social justice account for the consistent support the Church has given to organized labor and collective bargaining. By providing a short history of solidarity, and using the Corpus Christi celebration as an example of Catholic community values, Kohler assesses a uniquely Catholic contribution to American labor law. (Abstract excerpted in whole or part from the Social Science Research Network)
Labor Law
260. Kronman, Anthony T., Pepperdine Commencement Speech, 32 Pepperdine Law Review 439-443 (2005).
Kronman provides a brief essay that criticizes the common perspective of lawyers that legal work is simply a way of making a living, a necessary task that has no more intrinsic value than washing the dishes. In this view, work is reduced to an instrumental activity, devoid of opportunities and challenges that call for a spiritual response. Kronman argues that the work lawyers do cannot be reduced in this way to a mere means for making money.  Rather, a lawyer's professional life is charged with spiritual meaning.
Professional Responsibility
261. Kushman, Moshe, Reflections on 'Can the Ordinary Practice of Law Be a Religious Calling?', 32 Pepperdine Law Review 499-502 (2005).
In a short introduction, Kushman, a tax partner with Skadden Arps, discusses his background and how this influences his efforts to practice law as a religious calling. His background includes an awareness of his own mortality and understanding of family sacrifice so that he could attend high school and college. Kushman views “the practice of law as offering one of the greatest opportunities to enhance spiritual or religious consciousness.”
Professional Responsibility
262. Lee, Randy, Dorothy Day and Innovative Social Justice: A View from Inside the Box, 12 William and Mary Journal of Women and the Law 187-204 (2005).
Lee's article examines the life and philosophy of Dorothy Day, including her entrance into the Catholic Church, her development of the Catholic Worker Movement with Peter Maurin and her devotion towards her beliefs, way of life and the poor. The author finds in her  perspective on love, healing, work and dealing with adversaries a viable philosophy to govern the  behavior of lawyers. Lee concedes that actually incorporating  her ethical principles and her way of life will be difficult for most lawyers to emulate, but well worth the struggle.
Catholic Social Teachings
263. Levine, Samuel J., Reflections on the Practice of Law as a Religious Calling, From a Perspective of Jewish Law and Ethics, 32 Pepperdine Law Review 411-418 (2005).
Part of the Pepperdine Law Review symposium, Can the Ordinary Practice of Law Be a Religious Calling?  Levine notes that bumerous scholars have documented a growing ethical, psychic and spiritual crisis in the legal profession, resulting in the emergence of various responses and movements.  One of the most promising developments in the area, the "religious lawyering movement," examines the relevance of religion to the practice of law, in the interest of demonstrating that religion may serve to provide lawyers as a valuable source of moral and ethical values.  In recent years, Levine notes, this movement has gained considerable prominence and many adherents.
Professional Responsibility
264. Lower, Michael, Subsidiarity and Employee Participation in Corporate Governance, 2 Journal of Catholic Social Thought 431-462 (2005).
Some legal systems provide an employee-centered approach to corporate governance by providing codetermination mechanisms through which employees are given a voice in governance.  Lower's article looks at how codetermination might be handled in supranational authorities so as to provide effective support for states with codetermination systems without imposing it on other states.  Lower addresses this question from the perspective of Catholic social teaching with particular reference to the principle of subsidiarity.
Corporations
265. Nelson, Leonard J., III, God and Woman in the Catholic Hospital, 31 Journal of Legislation 69-128 (2005).
This article addresses the issues confronted by Catholic hospitals as they respond to demands for reproductive health care. The author begins by discussing the hospitals' legal requirements to provide contraceptive coverage to both patients and employees. In particular, Nelson focuses on how pressure from legislators and the courts has made it difficult for Catholic hospitals to provide health care while still adhering to their core Catholic beliefs. The author traces the history of contraceptive and abortion laws in the country, culminating in a California law requiring the hospitals to provide contraceptive coverage to their employees.  In the second part of the article the author turns his attention to the broader issue of the moral foundation of Catholic health care. He argues that the natural law tradition prevents Catholic hospitals from providing health care contrary to the Catholic faith, and views certain acts such as abortion and contraception as immoral acts.  Nelson outlines the counter-arguments posited by revisionist theologians (e.g., Charles Curran) that some of these acts are not necessarily immoral, but quickly returns to the Vatican's rejection of these arguments.  In concluding, the author summarizes the problems faced by Catholic hospitals in attempting to provide health care while adhering to their faith.  He places hope in their ability to accomplish this through the guidance of the NCCB/USCC, Ethical and Religious Directive for Catholic Hospitals (2001) (http://www.usccb.org/bishops/directives.shtml).
Family Law
266. Novak, Michael, Democracy and Catholic Social Thought, in Democracy In Debate: The Contribution of the Pontifical Academy of Social Sciences 58-118, edited by Zacher, Hans F. (Vatican City: Pontifical Academy of Social Sciences, 2005).    WorldCat  [WCat]
Novak's essay begins with the premise that the Magisterium of the Catholic Church has come to appreciate the virtues of democracy, it has not yet articulated a systematic vision of democracy or developed a catechesis to infuse the practice of democracy with the necessary Christian and natural virtues. Further, from the viewpoint of the social sciences, Novak notes that Catholic Social Teaching [CST] regarding democracy has not yet reached decisions on some important issues. A six-year study of democracy by the Pontifical Academy of Social Sciences [PASS], therefore, has set forth a number of definitions, distinctions, and rules for action that might be of use to CST as it moves forward in giving guidance to democracies in various stages of development. This study involved a wide-ranging consideration of the last two hundred years of democratic progress, in many different regions and cultures of this planet. Novak's essay aims to summarize the conclusions reached in the three conferences sponsored by PASS.
Catholic Social Teachings/ Jurisprudence
267. Osler, Mark, The Lawyer's Humble Walk, 32 Pepperdine Law Review 483-497 (2005).
Using his experience as an attorney for indigent defendants and as a prosecutor, Osler explores the effects of faith-based humility on lawyers. Osler identifies four primary effects: “constant questioning and a consistent uneasiness with the conflicting demands” of faith and vocation, empathy and caring for mankind, an understanding that there is right and wrong, and a balanced life. Osler explains his effects using examples from his own career and discusses the challenges a lawyer of faith faces in each of these areas. He reaches the conclusion that “the practice of law as a religious calling is not ‘ordinary.’ Rather, lawyers of faith must be extraordinary.”
Professional Responsibility/ Jurisprudence
268. Perrin, L. Timothy, Lawyer as Peacemaker: A Christian Response to Rambo Litigation, 32 Pepperdine Law Review 519-543 (2005).
In this article, Perrin examines and critiques one outgrowth of a morally neutral approach to the practice of law - the development and growth of the practice of "Rambo lawyering."  Perrin describes Rambo lawyering in the first section, assuming for purposes of the article that Rambo lawyers act within the constraints of the ethical rules, but otherwise are largely unconcerned with the consequences of their representation.  Perrin's purpose in describing this approach to the practice of the law is to consider whether Christians who take seriously the example and teachings of Jesus can in good conscience practice as "Rambo lawyers."  That is, should the faith commitment of a professing Christian lawyer cause that person to seek to exceed the bare ethical standards of the profession?  Perrin looks to the Sermon on the Mount for answers to this question, and concludes by suggesting three ways that Jesus's teaching might inform and transform the Christian lawyer.
Professional Responsibility/ Jurisprudence
269. Pryor, C. Scott, Consideration in the Common Law of Contracts: A Biblical-Theological Critique, 18 Regent University Law Review 1- 51 (2005).
This article discusses one aspect of contracts law - consideration - in light of biblical criteria.  Bayer begins by describing three Christian doctrines that are particularly relevant to legal analysis, the follows with three perspectives that demonstrate how to apply the doctrines as tools for legal criticism.  Bayer then goes on to discuss what purpose of consideration and how courts should draw its boundaries. In this regard, Bayer believes that Christianity has something to say about what the law should be.  (Abstract excerpted from article)
Contracts
270. Pucillo, Philip A., Toward A Subsidiarity-Based Judicial Federalism, 2 Journal of Catholic Social Thought 463-494 (2005).
In Railroad Commission of Texas v. Pullman Co., the Supreme Court held that a federal district court confronted with a federal constitutional question implicating a "sensitive area of social policy" should remit the matter to the appropriate state court when the resolution of a state-law question might resolve the controversy in its entirety, thus establishing the so-called "Pullman abstention" doctrine.   Pucillo, utilizing the Pullman doctrine as a foundation, proposes an even bolder form of abstention that would require consideration of state law on virtually every occasion that a litigant asserts a federal constitutional challenge to a state or local policy in federal court.  Such a doctrine would find its basis on the Catholic principle of subsidiarity.
Constitutional Law/ Jurisprudence
271. Reid, Charles J., Jr., The Antinomies of Modern Legal Positivism and Their Resolution in Christian Legal Thought, 18 Regent University Law Review 53-89 (2005).
Reid argues that there are three antinomies that have recently developed, namely that 1) the law consists of commands; that 2) law and morality must be separated and that 3) the establishment of a law should be based solely on formal sources. The implementation of these three antinomies are the result of a strategy to separate the law from faith and the Christian heritage upon which the legal system has developed over the centuries. Through an examination of the foundation of these antinomies and their relation to legal positivism through the perspectives of figures such as John Austin, Jeremy Bentham and H.L.A. Hart, and then the alternative Christian writings by recent Popes that oppose these antinomies, Reid concludes that Christian perspectives are still relevant and vital in considering the law, its creation and implementation.
Jurisprudence
272. Romano, John F., Mine Eyes have seen the Glory: Sir Thomas Browne and the Lawyer's Quest for God, 44 Journal of Catholic Legal Studies 233-251 (2005).
The intersection of religion and the law is a topic of continuing interest to lawyers and the public alike. Our system of government was established to ensure that religion and politics would not become intertwined.  Despite this, most would recognize that religion plays an integral part in the lives of those who comprise the governmental institutions of this country. Although the topic of the impact of faith and religion on the government is an interesting one, Romano's paper instead analyzes the issue from the other side of the spectrum--the influence of one's profession on one's faith in God. Inspired by the seventeenth- century masterpiece Religio Medici by Sir Thomas Browne, this paper will attempt to translate Browne's insight about what the medical profession can say about God to the contemporary legal professional. Romano concludes, just as Browne concluded with respect to the medical profession, that through the legal system's failings and shortcomings, its participants are made privy to the existence of God.
Professional Responsibility
273. Rudenstine, David, Common Ground: Law Schools in American Life During the New Age of Faith, 37 The University of Toledo Law Review 143-154 (2005).
While Rudenstine concludes that there is "no significant interface" between religion and the role of law schools and the legal profession, he argues that there is an exception to this disconnect: that "between a religious faith that is thought to mandate certain public laws and the traditional theoretical underpinnings of legal education."  Because legal education places a premium on what Rudenstine considers the tools of deliberation - evidence, reason, and argumentation - the American legal process promotes a common ground among diverse religious perspectives that helps hold together a pluralistic U.S. society.
Catholic Dimensions of Legal Education
274. Sargent, Mark A., Utility, The Good and Civic Happiness: A Catholic Critique of Law and Economics, 44 Journal of Catholic Legal Studies 35-97 (2005).
This paper contrasts the value maximization norm of welfare economics that is central to law and economics in its prescriptive mode to the Aristotelian/Aquinian principles of Catholic social thought. The reluctance (or inability) of welfare economics and law and economics to make judgments about utilities (or preferences) differs profoundly from the Catholic tradition (rooted in Aristotle as well as religious faith) of contemplation of the nature of the good. This paper also critiques the interesting argument by Stephen Bainbridge that homo economicus bears a certain affinity to fallen man, and that law and economics thus provides appropriate rules for a fallen world. From a Catholic perspective, the social vision of neo-classical economics and its progeny (welfare economics and law and economics) rests on a concept of human autonomy and a utilitarian concept of pleasure inconsistent with the Aristotelian and Aquinean concept of virtue and the conception of civic happiness articulated by Antonio Genovesi and other Catholic economists. (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Social Teachings
275. Schaefer, Arthur G. and Leland Swenson, Contrasting the Vision and the Reality: Core Ethical Values, Ethics Audit and Ethics Decision Models for Attorneys, 32 Pepperdine Law Review 459-481 (2005).
Schaefer and Swenson discuss the areas where lawyers commonly experience dissatisfaction, and provide some solutions for enhancing lawyers’ morality. Schaefer and Swenson identify five areas within the practice of law where lawyers “experience conflicting expectations.” These five areas: the changing legal environment, time demands and family disruption, increased level of ethical conflicts, loss of social utility, and the demands of the  adversarial system, are each discussed in individual sections. In discussing solutions for enhancing lawyer morality, authors examine the ABA Rules of Professional Responsibility and the creation of a more ethical working environment through the use of ethics decision models. They reach the conclusion that “moral challenges can be successfully dealt with and minimized using ethical decision models and ethics audits” in order to prevent dissatisfied lawyers from leaving the legal community.
Professional Responsibility
276. Smith, George P., II, The Christian Religion and Biotechnology: A Search for Principled Decisionmaking (Springer Verlag, 2005).    WorldCat      [WCat]
Smith focuses on the policy problems posed by "the New Biology," i.e., the developments unfolding through increasingly advanced biotechnology as it affects human medical treatments. Urging a reminder that "risk is opportunity's constant companion," Smith attempts to provide a "balanced inquiry into the extent to which law, religion, and medical science are compatible with the goals of biotechnology." The result, Smith hopes, will be the development of a template for principled decision-making. Smith notes that Catholic teaching has the advantage of a long-standing naturall law tradition that reaches out to the "universal common good," other religious traditions lack such a focus.  Nonetheless., the same issue confronts all traditions, and binds them together to confront the question of what role faith should play in informing such decisions about biotechnology.
CUA Law Faculty/ Health Law
277. Spieker, Manfred, The Universal Destination of Goods: The Ethics of Property in the Theory of a Christian Society, 8 Journal of Markets and Morality 333-354 (2005).
In its property ethics, the theory of a Christian society tries to bring together two statements that at first glance are not easily reconciled. The first statement underscores the importance of private property to the freedom and personal development of a person and declares that the right to personal property is a natural law. The second statement reminds us that God has destined the goods of this earth to the benefit of all people and nations, and, therefore, they must also be enjoyed by all. When either statement is divorced from the other, misunderstandings, controversies, or even ideologies easily result. This holds for the Catholic theory of society as well as for Protestant social ethics. Even though most of the following citations are taken from the social encyclicals and other documents of the Roman Catholic Church, all of the fundamental statements also hold for Protestant social ethics in the tradition of Martin Luther.  (Abstract excerpted in whole or part from the Social Science Research Network)
Property
278. Stabile, Susan J., A Catholic Vision of the Corporation, 4 Seattle Journal for Social Justice 181 (2005).
Motivated by a search for alternative ways of addressing the issues of how we think about corporations and whether there is a legitimate basis upon which to argue that a corporation has an obligation to behave in an ethical and socially responsible way, this article looks to what Catholic legal theory contributes to our thinking about the nature of the corporation. Scholars such as Michael Novak, Steve Bainbridge and Mark Sargent have argued for competing visions of a Catholic vision of a corporation. This Article articulates a particular Catholic vision of the corporation, a communitarian vision that sees the corporation both as a community and as existing as part of a larger community, a vision that emphasizes the corporation's social responsibilities. It then elaborates on what this vision means about a corporation's obligations and the role of law in regulating corporations. Finally, the Article defends the value of proposing a Catholic vision of the corporation, addressing the question why Catholic social thought has something useful to add to public debate in a pluralist society.  (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations/ Catholic Social Teachings
279. Starr, Kenneth W., Christian Service in the Practice of Law, 32 Pepperdine Law Review 451-457 (2005).
In this brief essay, reflecting on an observation by C.S. Lewis, Starr confronts the question: "Why do moral individuals choose not to involve themselves in the law?"  Thoughtful reflection, Starr contends, leads inexorably to the conclusion that society cannot function without moral individuals willing to serve in positions of authority and influence.  Moral individuals, Starr argues, should not abandon the fields of law and government to the amoral, either out of complacence or a fear of facing difficulty.   Starr argues that the greater the role law plays in a culture, the greater that culture's need to have the moral in authority.
Professional Responsibility/ Jurisprudence
280. Stephenson, E. Frank, An Argument for Tax Reform Based on Judeo-Christian Ethics: A Rejoinder, 36 Cumberland Law Review 103- 113 (2005).
Stephenson, an Associate Professor of Economics at Berry College, examines the calculations and conclusions made in Professor Susan Pace Hamills' argument regarding the perceived detrimental tax structure in the state of Alabama. Hamill's article argues that Alabama tax policy does not follow principles of Judeo-Christian ethics because of its inequitable treatment of low income taxpayers, its favorable treatment of the wealthy and corporations, and reliance on regressive high general sales taxes. In Hamill's view, the consequences of these imbalances in the tax structure can best be seen in the state's serious underfunding of the educational system. Using Hamills own statistics, Stephenson comes to the conclusion that many of her statements are supported by inadequate evidence, poor comparisons, and questionable interpretations of data. He maintains that many of her suppositions about tax reform and the detrimental effect of current tax policies situation in the state of Alabama are unfounded.  Stephenson finds inconsistency with Judeo-Christian ethics in the defeat of the 2003 Alabama constitutional amendment that would have allowed the legislature to raise income and property taxes.
Taxation
281. Stinneford, John F., Subsidiarity, Federalism and Federal Prosecution of Street Crime, 2 Journal of Catholic Social Thought 277- 311 (2005).
Stinneford argues that the expansion of federal criminal law has reached a point where it overlaps considerably with state law, and in doing so has created problems of disparity in deciding which cases should be prosecuted by the federal government rather than the state.  Stinneford argues that what is needed is a principle for limiting the scope of the federal government's power to enact criminal laws that merely duplicate state law, and for guiding the exercise of prosecutorial discretion where such duplication exists.  To this end, Stinneford contends that the best source for such a standard is the principle of subsidiarity in catholic social teaching.
Constitutional Law/ Jurisprudence/ Criminal Law and Procedure
282. United States Conference of Catholic Bishops, A Culture of Life and the Penalty of Death (Washington, DC: United States Conference of Catholic Bishops, 2005).    WorldCat      [WCat]  http://usccb.org/sdwp/national/penaltyofdeath.pdf
A Culture of Life and the Penalty of Death was developed by the Committee on Domestic Policy of the United States Conference of Catholic Bishops (USCCB) and approved by the full body of bishops at its November 2005 General Meeting.  It affirms the common judgment of the Conference that the use of the death penalty is unnecessary and unjustified in our time and circumstances."
Catholic Social Teachings/ Bishops' Statements
283. Vischer, Robert K., Subsidiarity as Subversion: Local Power, Legal Norms, and the Liberal State, 2 Journal of Catholic Social Thought 277-311 (2005).
Vischer examines the Catholic social teaching concept of subsidiarity as an antidote to hyperindividualizing and collectivizing trends in the current legal environment.  Vischer addresses the conceptions of social power underlying the emerging collectivization of consumerist and individualist norms in the American legal system, as contrasted with the implications of subsidiarity for the exercise of power.  Vicher then examines the philosophical presumptions and political ramifications of value pluralism and its compatibility with the Christian worldview.  Lastly, Vischer considers potential avenues by which Catholic social teaching can most effectively engage a consumrist culture such as that of the U.S..
Constitutional Law/ Jurisprudence
284. Abell, W. Sheperdson, God Deals with Me Thorough My Clients, in American Catholics and Civic Engagement: A Distinctive Voice 204-210, edited by Margaret O. Steinfels (Lanham, Md: Rowman & Littlefield Publishers, 2004).    WorldCat  [WCat]
This article tells a story of how a Catholic lawyer’s can carry his faith into daily life. He begins by questioning the origin and driving force behind his faith, and then describes its powerful influence in his work and life. Abell examines how a Catholic education contributed to his attitude to the ethical treatment of clients, and service to both community and indigent persons. He explains that faith means respecting the dignity of the individual, and a strong commitment to good works. He concludes that a lawyer best serves God in a deep and spiritual way by remaining active in the world.
Catholic Social Teachings
285. Alvare, Helen M., Saying 'Yes' Before Saying 'I Do': Premarital Sex and Cohabitation as a Piece of the Divorce Puzzle, 18 Notre Dame Journal of Law, Ethics and Public Policy 7-87 (2004).
This Article will attempt a bridge between the subject of public and private responses to premarital sexual behavior and cohabitation, and responses to divorce. It will demonstrate how these responses are currently operating too separately, considering the interdependent importance of premarital sexual choices and marital happiness. It will also propose some solutions to this situation, and respond to the most likely objections to its proposals. Throughout, it will attempt to preserve “something old and something new”: the goods of traditional sexual norms as well as the goods of modern research and ideals about marital and sexual health and happiness for men and women. It presumes that it is possible--in light of mounting and decisive evidence of the link between marital happiness and stability and the well-being of individuals and society--to move to a third stage in thinking about sex and marriage: beyond dismissing the possibility of human sexual desires before marriage; beyond a deep suspicion of marriage; and toward a sympathetic understanding of sexuality in the context of the overarching good of marriage. (Excerpt from article)
CUA Law Faculty/ Family Law
286. Bainbridge, Stephen M., Catholic Social Thought and the Corporation, 1 Journal of Catholic Social Thought 595-601 (2004).
Bainbridge provides a brief critique of Catholic social teaching as it relates to law governing economic behavior.  Bainbridge argues that the Church's response to crises of corporate governance should not be support for the statism of principle ethics, but rather should focus on its rich tradition of virtue ethics.  The nanny state is a poor subsititute, at best, for the virtue inculcating power of faith and voluntary community.  The Church should therefore concern itself with re-establishing virtue ethics in the public square.
Corporations
287. Blank, Rebecca M. and William McGurn, Is the Market Moral?: A Dialogue on Religion, Economics, and Justice (Washington, D.C.: Brookings Institution Press, 2004).    WorldCat      [WCat]
Underlying this collection of short essays is the basic question concerning what it takes to make economic systems just.  The two authors both arrive at the same conclusion, that the market can be moral; the process by which they arrive at their independent conclusions forms the nucleus of this text.  William McGurn provides the Catholic perspective by drawing upon Catholic teachings and showing how Catholicism complements the market’s creative, capitalist impulse. The “inherent moral worth” of the market is the thesis beneath McGurn’s writings.  Rebecca Blank approaches the topic from traditional Protestant origins.  Although she is less accepting of some of the market’s traits, she acknowledges the need for market economics and sees no inherent conflict with religious beliefs.  While McGurn reminds Christians of the moral contributions of the market, Blank takes time to highlight the moral failings that befall the market.
Corporations
288. Borjas, George J., The Economic Consequences of Immigration, 1 Journal of Catholic Social Thought 137-155 (2004).
The assertions on immigration policy contained in Pope John XXIII's encyclical Pacem in Terris, stressing the rights of persons to migrate to other countries in order to improve their well-being, focus primarily on the impact of immigration on the immigrants themselves. Pacem in Terris dismisses concerns that immigration changes social, cultural, and economic conditions in the host country, noting that host governments must accept immigrants  if there are "just reasons."  Borjas argues that the economic analysis of immigration reveals a remarkable naivete in Pacem in Terris's words.  As a result, the policy suggestions in Pacem in Terris do not seem to provide a constructive way for thinking about immigration.
Immigration Law
289. Coleman, John A., The Common Good and Catholic Social Thought, in American Catholics and Civic Engagement: A Distinctive Voice 3- 18, edited by Steinfels, Margaret O. (Lanham, MD: Rowman & Littlefield Publishers, 2004).    WorldCat  [WCat]
Relying upon the intellectual framework of Catholic philosophers, theologians, and social activists, Coleman argues that a politically legitimate, non-coercive and a substantive common good can exist in a pluralistic society.  While noting how the notion of common good moves against the fabric of American individualism and how American jurisprudence questions the necessity of common good in a free society, Coleman suggests ways to cultivate discussions of common good to better resolve urgent problems of poverty, unemployment, violence and race. Finally, he examines how institutions can contribute to the improvement of human dignity with genuine commitment to, and accountability for the distribution of good works in society.
Catholic Social Teachings
290. Coughlin, John J., O.F.M., The Human Being, Catholic Social Teaching, and the Law, 1 Journal of Catholic Social Thought 313- 334 (2004).
Coughlin discusses what he considers to be several key issues in the relationship between theological anthropology, Catholic social teaching, and the law.  First, Coughlin examines the role played by human dignity in opposition to the death penalty at a recent international treaty convention.  Second, Coughlin describes how anthropology serves as the foundation of human dignity in Catholic social teaching, and contrasts this with the modrn secular project, an approach which has, he contends, yielded exagerated notions of individual autonomy, subjectivity, and legal rights.  Finally, Coughlin argues that the values of Catholic social teaching afford aspects of an objective foundation for civil law, considering and rejecting several obstacles to the receptivity of such values raised by liberal theory.
Catholic Social Teachings/ Jurisprudence
291. Curran, Charles E., Pope John Paul II's Teaching on Sexuality and Marriage: An Appraisal, 1 University of St. Thomas Law Journal 610-631 (2004).
Curran clearly states the purpose of his essay:  “This essay will analyze and criticize the teaching of Pope John Paul II on the theology of the body and human sexuality, the sacramentality of marriage, and the specific norms of the indissolubility of marriage and the condemnation of artificial contraception.”  As a participant in the symposium honoring the work of Judge John T. Noonan, Jr., Curran completes his article by discussing Noonan’s view and writings on many of these issues.  He notes in particular “the lack of historical consciousness in the teaching of John Paul II” in contrast to Noonan’s works.
Family Law
292. Elshtain, Jean Bethke, Persons, Politics, and a Catholic Understanding of Human Rights, in Recognizing Religion in a Secular Society: Essays in Pluralism, Religion, and Public Policy 69-82, edited by Farrow, Douglas (Montreal: McGill-Queen's University Press, 2004).    WorldCat  [WCat]
In her discussion of Catholic social teaching on human rights, Elshtain explores the nominalist view of human rights versus the Roman Catholic view of human rights for all people.  Elshtain discusses what it means to be a human being, the idea of human rights, and the inherent goodness of rights.  Elshtain concludes by posing several questions that she believes must be answered in order to understand what kind of human rights culture is being created. She explores key questions, such as, does society need a concept of God in order to have rights?
Jurisprudence/ Civil Rights
293. Falvey, Joseph L., Jr., Crime and Punishment: a Catholic Perspective, 43 Catholic Lawyer 149-168 (2004).
Falvey argues that the U.S. Conference of Catholic Bishop's focus on punishment for the purpose of restitution and “promotion of the common good” outlined in their document Responsibility, Rehabilitation and Restoration ignores the Catholic Church’s acknowledgement of restitution as a legitimate purpose of punishment . Falvey argues that this deficiency could lead the United USCCB to promote “unsound” policies on crime and punishment. In Part 1 of the article, Falvey explains the purposes of punishment outlined in the USCBB Statement. Part 2 of the article explores the general nature of punishment. Part 3 looks at the purpose of punishment with a focus on retribution and the Catholic Church’s teachings on this subject. In the same section Falvey refers to the teachings of Thomas Aquinas in Summa Theologica to advance his argument that retribution should be part of the USCCB’s statement on crime and punishment. Part 4 of the article distinguishes the purpose for punishment from the justification of punishment and concludes that the USSCB should recognize that a “primary and justifying purpose of punishment is retribution.”
Criminal Law and Procedure
294. Gantt, L. O. Natt, III, Integration as Integrity: Postmodernism, Psychology, and Religion on the Role of Moral Counseling in the Attorney- Client Relationship, 16 Regent University Law Review 233-273 (2004).
Gantt presents recent surveys showing that most attorneys neglect to offer moral counseling to their clients in the course of legal representation.  He attributes this to the impact of postmodern society, where there is denial of moral absolutes and a sense that morality and religion are personal matters that should not be part of professional life. Gantt challenges these assertions on the basis of psychological studies and religious teachings. He concludes that the integration of personal belief and professional action is essential to an attorney’s well-being and sense of vocational fulfillment.  It also benefits the client when moral concerns are raised in a way that is not imposing or judgmental; this allows the client to make fully informed decisions about the legal matter at hand.
Professional Responsibility
295. Garvey, George E., Business as a Vocation: Implications for Catholic Legal Education, 25 Review of Business 37-44 (2004).
The business culture and laws of the U.S. stress the obligation of corporate managers to maximize the profits of the firm's shareholders. An excessive focus on profits, however, can deny managers any meaningful sense of vocation. It reduces the role of managers, and those who they manage, to mere cogs in the productive processes of their firms. Managers informed by the Catholic social tradition can exercise their responsibilities with a sense of vocation. Catholic professional schools, including law schools, should foster the sense of vocation in graduates by presenting the fundamental principles of Catholic social teaching early in the curriculum and inviting students to apply these principles throughout their studies.
Catholic Dimensions of Legal Education
296. Gottlieb, Roger S., editor, This Sacred Earth: Religion, Nature, Environment (New York: Routledge, 2004).    WorldCat      [WCat]
Gottlieb has collected a wide variety of essays written by a diverse group of spiritual teachers and theologians on religion and the environment.  The essayists address two fundamental questions: how has religion shaped our understanding of and our conduct towards nature and how has the environmental crisis challenged and transformed modern theology and spiritual practice?” The contributions of nature writers set the stage for the collection in Part 1; Part 2 examines the perspective of traditional religion toward the environment. The selections in the remaining five sections explore "ecotheology" as a source for a spiritual perspective on the environment and as an agent for change. The editor has included a list of suggestions for further reading, a list of web sites on religion and the environment, and a list of environmental organizations.
Environmental Law
297. Goyette, John, Mark S. Latkovic, and Richard S. Myers., St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives (Washington, D.C.:: Catholic University of America Press,, 2004).    WorldCat
            [WCat]
St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives assembles papers presented as part of the St. Thomas Aquinas and the Natural Law Tradition conference held in Michigan in June, 2000.  The papers fall under four headings: Philosophical Foundations of the Natural Law; Natural Law in a Theological Context; the New Natural Law Theory; and Law and Politics. Of particular note for the intersection of American law and Catholic social teaching are the essays in the final heading: "Thomistic Natural Law and the American Natural Law Tradition" by Christopher Wolfe; "Aquinas, Locke and Lincoln in the American Regime" by William Mathie; "Kelsen and Aquinas on the Natural Law Tradition" by Robert P. George; and "Thomas Aquinas on Natural Law and the Competence to Judge" by Russell Hittinger.
Catholic Social Teachings/ Jurisprudence
298. Gregory, David L., Reflections on Current Labor Applications of Catholic Social Thought, 1 Journal of Catholic Social Thought 647- 683 (2004).
Gregory reflects upon the contributions of Catholic social teaching to the living wage initiative, the excesses of corporate executive compensation, the union bargaining initiatives of Catholic school faculty members, the unionization of private limo radio car drivers in New York, and the sue process dynamic, or lack thereof, regarding Catholic priests accused of sexual abuse.
Labor Law
299. Himes, Kenneth R., editor, Modern Catholic Social Teaching: Commentaries and Interpretations (Washington, D.C.: Georgetown University Press, 2004).    WorldCat      [WCat]
This is a collection of commentaries and essays by some of the most respected experts in Catholic social teaching, with essays devoted to each of the major social teaching encyclicals.  Essays include: Introduction / Kenneth R. Himes; The Bible and Catholic social teaching: will this engagement lead to marriage? / John R. Donahue; Natural law in Catholic social teachings / Stephen J. Pope; The ecclesiological foundations of modern Catholic social teaching / Richard R. Gaillardetz; Early modern Roman Catholic social thought, 1740-1890 / Michael J. Schuck; Rerum Novarum / Thomas A. Shannon; Quadragesimo Anno / Christine Firer Hinze; The Christmas messages of Pius XII / John P. Langan; Mater et Magistra / Marvin L. Mich; Pacem in Terris / Drew Christiansen; Dignitatis Humanae / Leslie Griffin; Gaudium et Spes / David Hollenbach; Populorum Progressio / Allan Figueroa Deck; Octogesima Adveniens / Christine E. Gudorf; Justitia in Mundo / Kenneth R. Himes; Familiaris Consortio / Lisa Sowle Cahill; Laborem Exercens / Patricia A. Lamoureux; Sollicitudo Rei Socialis / Charles E. Curran, Kenneth R. Himes, Thomas A. Shannon; Centesimus Annus / Daniel Finn; The reception of Catholic social and economic teaching in the United States / Charles E. Curran; The reception of Catholic approaches to peace and war in the United States / Todd D. Whitmore; and The future of Catholic social thought / John A. Coleman.
Catholic Social Teachings
300. Holt, Joseph A., Justice, Joy, and the Human Faces of the Law, 1 University of St. Thomas Law Journal 56-101 (2004).
In this article honoring the work of Judge John T. Noonan, Jr., Holt describes how he has been inspired by Noonan’s works. In particular, he praises Noonan's Persons and Masks of the Law. When describing his beliefs, Holt reminds us that:  “Too often we engage in the practice of law with insufficient attention to the ways in which the law profoundly affects individuals, organizations, and communities.  Too often, Holt argues, "we focus narrowly on the rules governing the administration of justice in the courts or the complexity of legal problems" we face "within the transactional context and lose sight of the flesh-and-blood persons engaged in the judicial process or grappling with the transactional problem.”
Professional Responsibility
301. Jennings, Marianne M., The Disconnect Between and Among Legal Ethics, Business Ethics, Law and Virtue: Learning not to Make Ethics So Complex, 1 University of St. Thomas Law Journal 995-1040 (2004).
Jennings discusses the ethical implications of the three national corporate scandals that have occurred in the last twenty-five years:  the failure of the savings and loans, the insider trading and junk bond scandals, and the downfall of corporations such as Enron.  She sums up her proposal by remarking:  “In lieu of the complex and often contradictory layers of codified ethics and statutory and regulatory standards, this paper proposes a return to virtue ethics as a means of creating a simpler and cleaner guide for the conduct of both lawyers and business executives as they perform their roles and duties in the governance of the corporation.  In short, individual ethical standards and strength are the factors upon which we are ultimately dependent, no matter what carrots and sticks are incorporated as part of the systemic and institutional reforms that follow corporate scandals.”
Professional Responsibility/ Corporations
302. John Paul II, Pope (Karol Wojtyla), Address of John Paul II: To the Participants in the International Congress on "Life-sustaining treatments and vegetative state: Scientific advances and ethical dilemmas" (2004).     http://www.vatican.va/holy_father/john_paul_ii/speeches/2004/march/documents/hf_jp- ii_spe_20040320_congress-fiamc_en.html
Address of Pope John Paul II on March 20, 2004, to the International Congress on "Life-sustaining treatments and vegetative state: Scientific advances and ethical dilemmas" in which the Pope affirmed the obligation, under Catholic teaching, to feed and care for patients considered to be in Persistent Vegetative States (PVS). Against emerging trends which devalue the quality of such lives, John Paul II affirmed their inherent dignity and therefore their right to hydration and nutrition. "The sick person in a vegetative state, awaiting recovery or a natural end, still has the right to basic health care (nutrition, hydration, cleanliness, warmth, etc.), and to the prevention of complications related to his confinement to bed. He also has the right to appropriate rehabilitative care and to be monitored for clinical signs of eventual recovery."
Health Law/ Catholic Social Teachings/ Papal Teaching Documents
303. Kalscheur, Gregory A., John Paul II, John Courtney Murray, and the Relationship between Civil Law and Moral Law: A Constructive Proposal for Contemporary American Pluralism, 1 Journal of Catholic Social Thought (2004).
In his 1995 encyclical, Evangelium Vitae, Pope John Paul II outlined a jurisprudential vision which includes the doctrine on the necessary conformity of civil law with moral law. The Pope's jurisprudential reflections prompt the question that Kalscheur considers in this Article: How should we understand the doctrine on the necessary conformity of civil law with moral law in a religiously pluralistic democratic society like that of the United States today? Kalscheur's objective is to articulate a vision of the relationship between moral values and civil law that is grounded in the tradition of Catholic social thought and that can allow the church to contribute credibly and effectively to public discourse regarding the law and public policy in our religiously pluralistic democratic society.  After outlining the understanding of the relationship between law and morality that John Paul II articulates in Evangelium Vitae, Kalscheur discusses the understanding of the differentiated relationship of law and morality developed in the work of John Courtney Murray, S.J. Finally, complementing Murray's views with insights gleaned from a number of contemporary voices in Catholic social thought, Kalscheur proposes six axioms that ought to inform our vision of the appropriate relationship between religious values, the objective moral order, and civil law and public discourse in the context of twenty-first century American pluralism.
Jurisprudence/ Catholic Social Teachings
304. Kaveny, M. Cathleen, Development of Catholic Moral Doctrine: Probing the Subtext, 1 University of St. Thomas Law Journal 234- 252 (2004).
Kaveny's article begins with a brief  description of Judge John T. Noonan, Jr.'s  historical research on the development of Catholic moral doctrine.  The author's primary focus, however, is the  responses to Noonan’s work by other practitioners within the same discipline.  Kaveny maintains that such responses have sometimes been highly critical.  In this article, Kaveny attempts "to make sense of the debate his work has precipitated."
Catholic Social Teachings/ Criminal Law and Procedure
305. Kmiec, Douglas W. and Stephen B. Presser, The American Constitutional Order: History, Cases, and Philosophy (Cincinnati, Ohio: Anderson Publishing Co., 2004).    WorldCat      [WCat]
Kmiec and Presser's constitutional law textbook seeks to place the study of Supreme Court decisions in their historical and philosophical context. In the author's words, "history and related philosophical inquiry supply needed perspective." The authors seek to present the "original understanding of the framers."
Constitutional Law
306. Megivern, James J., Judge Noonan, Church Change, and the Death Penalty, 1 University of St. Thomas Law Journal 274-284 (2004).
In this symposium honoring the work of Judge John T. Noonan, Jr.,  Megivern makes note of remarks made by Judge Noonan on Megivern’s earlier work on capital punishment.  In these remarks, Noonan poses the question regarding the Catholic Church's current position on capital punishment: “How can a papacy so tenacious of tradition move so quickly from what had been held so long?” With Noonan's question as the focus, Megivern describes the major change on this issue under Pope John Paul II.  In Megivern’s words: “Never before in history has a pope spoken out so clearly, repeatedly, and powerfully against the use of capital punishment."
Criminal Law and Procedure
307. Modak-Truran, Mark C., Reenchanting the Law: the Religious Dimension of Judicial Decision Making, 53 Catholic University Law Review 709-816 (2004).
Modak-Truran argues for a hybrid “religionist-separationist model” of judicial decision making in which religious values are the "silent prologue" to the decision-making process. The author starts with the "religionist-separationist" approach of  Kent Greenawalt, Stephen Carter and Michael Perry, that Modak-Truran describes as a judge relying on religious principles in the deliberation process, but not in written opinions. Modak-Truran argues for a his own "distinctive" version of his approach. The author examines his approach and other models in the context of "hard cases," specifically the right to die.
Professional Responsibility
308. O'Brien, Raymond C., Clergy, Sex and the American Way, 31 Pepperdine Law Review 363-476 (2004).
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 horrific acts committed against victims by priests, the public focus was always on the bishops and their role in the scandal, specifically the failure of internal policing, of accountability, and of consistency between the message of the Church and the persons in authority. Part III analyzes the bishops' response to the scandal, the adoption of the Charter and the Revised Norms that implements the Charter's goals. The bishops' response seeks to accommodate secular legal standards with the canon law of the Church regarding treatment due the clergy. But the overriding objective is the accommodation of openness, accountability and assurance that the offense will not be countenanced again, and furthermore, that the Church renews its partnership in the church-state dialogue. If canon law procedures are viewed as, or actually become, an effort to return to clericalism, clerics supervising clerics with even the perception of secrecy, the goals of the Charter will fail and the Church will face stricter state scrutiny. But canon law may be accommodated within secular standards of definitions, preliminary investigations, reporting, standards of proof, statutes of limitations, and judgment. Analysis is provided in this article. One suggested model derives from lessons learned from the procedures developed in an effort to combat domestic violence in the United States. Finally, Part IV examines the laity's response to the crisis. The Second Vatican Council, occurring from 1962-1965, invigorated the role of the laity so that millions of men and women serve in parish, diocesan, and archdiocesan activities in addition to contributing funds and receiving the sacraments. In response to the crisis, some of these men and women have formed organizations and want to be a part of any solution, concluding that their participation should extend to every level of the organization. Such lay efforts are a challenge to some bishops and others in authority, not just in reference to addressing the abuse crisis, but also extending into doctrinal issues.
CUA Law Faculty/ Civil Rights/Family Law/ Criminal Law and Procedure
309. Organ, Jerome N., From Those to Whom Much Has Been Given, Much is Expected: Vocation, Catholic Social Teaching, and the Culture of a Catholic Law School, 1 Villanova Journal of Catholic Social Thought 361-416 (2004).
Organ's article is his effort to begin to explore what he thinks should be distinctive about the spirit of Catholic legal education – to explore how the culture of a Catholic law school imbued with a broad concept of vocation lived out through an appreciation for CST should look different than the culture of a secular law school.  This article begins with the premise that Catholic law schools should conceive of law school as a formation experience in which the law school purposefully and intentionally seeks to promote in its students an understanding of the law as a calling or a vocation and of law school as one aspect of a law student’s vocation. This article further suggests that an understanding of CST is important for students at Catholic law schools who are trying to live out their vocations as law students while trying to discern their calling or vocation within the law. The article then discusses how the “spirit” of a Catholic law school imbued with a broad concept of vocation lived out with an understanding of CST – how the culture and community created within such a Catholic law school – should look and feel demonstratively different than the culture and community presently reflected in secular law schools (and in many Catholic law schools), largely because law students who embrace a broad concept of vocation lived out with an understanding of CST should define success differently than students at secular law schools.  (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Dimensions of Legal Education
310. O'Scannlain, Diarmuid F., Catholic Lawyers in an Age of Secularism, 43 Catholic Lawyer 1-15 (2004).
In a speech before the Red Mass banquet of the Diocese of Galveston-Houston, U.S. circuit court judge, Diarmund F. O’Scannlain, explores whether it is possible to be a good Catholic and a good lawyer. O’Scannlain examines challenges faced by religious lawyers throughout history from St. Ives in 13th Century France through the religious beliefs at the foundation of the original 13 states in America in the 1700’s. Turning to a modern example of the intersection of faith and law, O’Scannlain describes the call to participation of Catholic lay persons in public life encouraged by a Doctrinal Note issued by the Doctrine of the Faith at the Vatican. He concludes that each religious individual’s participation in democratic society is different, and that each role dictates the manner in which the religious person exercises his or her faith. As an example, he describes a 1996 assisted suicide case over which his court presided.  He examines the separate role of the judge and the attorney.  The judge's role is circumscribed by the Constitution and the legislative process. The attorney's role is not so limited. The lawyer is freer to witness that sanctity and effective advocacy are achieveable.
Professional Responsibility
311. Owens, Erik C., John D. Carlson, and Eric P. Elshtain, editors, Religion and the Death Penalty: a Call for Reckoning (Grand Rapids, Mich.:: W.B. Eerdmans,, 2004).    WorldCat      [WCat]
Religion and the Death Penalty is a collection of papers from Pew Forum town halls, including the conference "A Call for Reckoning: Religion and the Death Penalty," held January 25, 2002, at the University of Chicago Divinity School, Chicago, Ill. Several essays touch upon Catholic teaching and capital punishment, but especially notable is "Catholic teaching on the death penalty: has it changed?" by Avery Cardinal Dulles; "God's justice and ours : the morality of judicial participation in the death penalty" by Antonin Scalia; and "Why I oppose capital punishment" by Mario M. Cuomo.
Criminal Law and Procedure
312. Pearce, Russell G. and Uelmen, Amelia J., Religious Lawyering in a Liberal Democracy: A Challenge and an Invitation, 55 Case Western Reserve Law Review 127-160 (2004).
Pearce, a Jewish law professor, and Uelmen, a Roman Catholic litigator, explore the new religious lawyering movement. They discuss the new popularity of religious lawyering, which they attribute to the “crisis of professionalism.” They identify three main objections to religious lawyering movement: effectiveness, fairness, and compatibility with liberal democracy. Each objection is examined in detail and, ultimately, rejected. Pearce and Uelmen provide an introduction to religious lawyering movement and the benefits it offers to the legal profession.
Jurisprudence/ Professional Responsibility
313. Percy, Anthony G., Private Initiative, Entrepreneurship, and Business in the Teachings of Pius XII, 7 Journal of Markets and Morality 7-25 (2004).
Studies of modern Catholic social doctrine commonly portray John Paul II's magisterial teaching, especially that contained in the encyclical Centesimus Annus (1991), as having expressed the Roman Magisterium's most affirmative reflections on the nature and ends of private initiative, entrepreneurship, and business. This article illustrates that a number of Pius XII's addresses and speeches contain very positive insights into free enterprise, business, and the process of exchange. In doing so, this article seeks to bring contemporary audiences' attention to these writings, most of which have remained relatively obscure since the 1960s. (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations
314. Pope, Stephen J., Catholic Social Thought and the American Experience, in American Catholics and Civic Engagement: A Distinctive Voice 26- 41, edited by Steinfels, Margaret O. (Lanham, MD: Rowman & Littlefield Publishers, 2004).    WorldCat  [WCat]
The author examines Roman Catholic social thought and its engagement with American civic life.  Pope examines Catholic Communitarian Personalism’s contribution to the protection of human dignity, motivating the promotion of common good in a society perceived as morally bankrupt.  The author explores how intra-Catholic dialogue can persuade reasonable persons to transform modern culture, leading to the elevation of gender equality, human rights, pluralism and fairness.  Pope explains how the symbolic power of the Eucharist eradicates prejudice and other forms of bigotry, endorses personal integrity, while enhancing a Christian moral attitude of common good works in communities.
Catholic Social Teachings
315. Powell, John A., Lessons from Suffering: How Social Justice Informs Spirituality, 1 University of St. Thomas Law Journal 102-127 (2004).
It is Powell’s observation that most of the literature on social justice and spirituality focuses on how spirituality may impact social justice work.  Looking at the issue from a different angle, Powell writes instead about how social justice work may impact spirituality.   Powell also makes the following two assertions with regard to the issue of suffering:  “The first is that suffering is a central concern of social justice as well as one of the foundations animating spirituality.  The second claim is that not only is there a relationship between spirituality and social justice but that this is a recursive relationship that runs in both directions.”
Catholic Social Teachings
316. Powell, John A., Does Living a Spiritually Engaged Life Mandate Us to be Actively Engaged in Issues of Social Justice?, 1 University of St. Thomas Law Journal 30-38 (2004).
This essay was delivered as part of the University of St. Thomas Law Journal Founding Symposium: God, the Person, History, and the Law: Keynote Address. Powell discusses his own background and how it shaped his own spirituality and understanding of social justice, and then turns to consider the many different scholarly understandings of social justice, from John Rawls to Michael Walzer to Alisdair McIntyre. Powell expresses his concern that too often, social justice is derived from "a sense of self that is separate and isolated."
Catholic Social Teachings
317. Quigley, William, Catholic Social Thought and the Amorality of Large Corporations: Time to Abolish Corporate Personhood, 5 Loyola Journal of Public Interest Law 109-134 (2004).
Quigley asserts that the size, power, and legal nature of corporations allows corporate entities to act in amoral ways that are not consonant with Catholic social teaching. The author argues that the remedy for this situation is to abolish the legal personhood of corporations so that people can be held individually responsible for their actions when they conduct business. Part 2 of the article describes the power held by large corporations; Part 3 examines the development of the law and regulation of corporations. Part 4 surveys Catholic social thought on corporations as embodied in papal encyclicals. The final two parts of the article outline Quigley’s theory that corporate social responsibility is a myth and that abolishing corporate personhood "could offer opportunities for business to evolve in ways that are more accountable to the common good."
Corporations
318. Quigley, William, Seven Principles for Catholic Law Schools Serious About a Preferential Option for the Poor, 1 University of St. Thomas Law Journal 128-147 (2004).
Quigley outlines seven principles that he recommends for Catholic law schools that seriously attempt to implement a preferential option for the poor in their mission.  His list includes: respect for human dignity, hearing the poor, solidarity with the poor, charity and justice, changing the culture, community, and action on behalf of justice.  He believes that all law schools innately have a preferential option for the rich, and he advocates that Catholic law schools “re- examine both their mission and operation and engage in a process of re-education and transformation”.
Catholic Dimensions of Legal Education
319. Quigley, William P., Prison Work, Wages, and Catholic Social Thought: Justice Demands Decent Work for Decent Wages, Even in Prison, 44 Santa Clara Law Review 1159-1178 (2004).
Outside of prison, work and wages, or the lack of either, are often occasions for injustice. However, when the issues of work, lack of work, and fair wages arise within the prison system, a hothouse of injustice flourishes. Currently most of the two million people in jails and prisons in this country are not working. Those who do work overwhelmingly do not receive fair pay for their labor. Because prisoners are mostly idle, they are not able to support their families on the outside, make restitution to victims, or contribute to their own support. Work is a social good, as are support of families and restitution to victims. Yet two million are idle. Catholic social thought has some simple yet profound justice ideas to contribute to this issue, such as essential human dignity of all, reconciliation, rehabilitation, and the right to a work for a family wage. This article briefly explores these ideas and examines the intersection of prison work, prison wages, law, Catholic social thought, and justice and ends with a call for a new way of looking at prison work and prison wages. Quigley concludes by advocating for systemic change in the law.
Labor Law/ Criminal Law and Procedure
320. Reichardt, Mary R., editor, Encyclopedia of Catholic Literature (Westport, Conn.: Greenwood Press, 2004).    WorldCat      [WCat]
The Encyclopedia of Catholic Literature is a two volume work consisting of essays on seventy-seven major works of Catholic literature from throughout the Catholic Church's history.
Reference Sources
321. Reinhardt, Stephen, The Role of Social Justice in Judging Cases, 1 University of St. Thomas Law Journal 18-29 (2004).
Judge Reinhardt, a federal judge for the U.S. Ninth Circuit, provides this keynote address for the University of St. Thomas’s 2003 symposium honoring Judge John T. Noonan, Jr.  Reinhardt maintains that a truly “catholic” approach to judging—catholic with both a capital and a lowercase “c”—is infused with a concern for social justice. He criticizes what he refers to as “rigid textualism” and lauds  Judge Noonan for his “passion for social justice for ordinary people.”
Professional Responsibility
322. Rougeau, Vincent D., Justice, Community and Solidarity: Rethinking Affirmative Action through the Lens of Catholic Social Thought, 1 Journal of Catholic Social Thought 335-360 (2004).
Using the problem of affirmative action as a reference point, Rougeau argues that the construction of liberalism now dominant in American law in appropriately directs the legal system toward the creation of "neutral" legal principles and arguments ill-suited to dealing with the problem of a culturally particularized and communal racial problem, one rooted in the American system of race-based chattel slavery.  Rougeau then considers the American experience of race and the contemporary debate over affirmative action, arguing that African-Americans bear an almost impossible burden in American public discourse when they attempt to articulate their experience of group victimization.  Lastly, Rougeau uses Catholic social thought to argue for a change in the way American law views  the person based on a richer understanding of human dignity.
Catholic Social Teachings/ Civil Rights
323. Sargent, Mark A., Competing Visions of the Corporation in Catholic Social Thought, 1 Journal of Catholic Social Thought 561-594 (2004).
Catholic Social Thought (CST) is coherent body of principles concerning the organization of social and economic life drawing on the inspiration of natural law, Thomism, the Gospel and the tradition of Christian personalism. While valuing the creative energy of capitalism and its contributions to the production of wealth, it is often highly critical of the inequalities generated by capitalism, its tendency to promote materialistic consumerism and capital's devaluation of the dignity of work. While not easily characterizable as right or left, CST thinking about corporate social responsibility and corporate governance has become split between interpretations emphasizing the importance of economic liberty to human dignity (a central CST value) and those deriving from a much more communitarian conception of that dignity. This paper contests the neoconsevative positions articulated principally by Michael Novak, and identifies the core CST premises that lead to a much more communitarian vision of the corporation. In so doing, it emphasizes affinities between that vision and secular views of the corporation derived from the critical and legal progressive traditions. (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations
324. Scaperlanda, Michael A., Immigration Justice: A Catholic Christian Perspective, 1 Journal of Catholic Social Thought 535-560 (2004).
Scaperlanda's article focuses on the formal legal barriers to transnational migration exploring the ethical foundations for a socially just immigration policy.  Scaperlanda beings by exposing the weaknesses in the currently fashionable attempt to anchor a socially just immigration policy in some version of liberal egalitarianism.  Scaperlanda then provides a framework that looks beyond liberalism and communitarianism, outlining the contours of a socially just immigration policy founded upon both Catholic and natural law perspectives.  Scaperlanda then makes genera observations about the justness of U.S. immigration policy, concluding with a critique of the "draconian" measures that lead to virtually automatic deportation of the so-called "aggravated felons" under U.S. immigration law.
Immigration Law
325. Schmiesing, Kevin E., Within the Market Strife: American Catholic Economic Thought from Rerum Novarum to Vatican II (Lanham, Md.: Lexington Books, 2004).    WorldCat      [WCat]
Within the Market Strife examines the views of Catholics writing on economic questions in the period 1891- 1962.  Schmiesing argues that those views were dependent in large measure on factors other than the authors' adherence to the authoritative social teaching of the Catholic Church.
Catholic Social Teachings/ Corporations
326. Scholla, Robert W., S.J., Fides Quaerens Iustititiam Socialem: a Jesuit Law School Perspective, 37 Loyola of Los Angeles Law Review 1209-1233 (2004).
Scholla, the chaplain at Loyola Law School in Los Angeles, examines the mission of a Catholic law school within the unique perspective of a Jesuit educational  institution. He elaborates three elements of  the Jesuit experience that shapes its approach to legal education. The first element (explored in Part 2 of the essay) is the "conversion experience” of the founder of the Society of Jesus, Ignatius Loyola. This experience is described and transmitted in his classic text, Spiritual Exercises. Part 3 traces the development of the Jesuit commitment to the poor and the Society's historical duality of serving both the powerful who can effect societal change and poor who are powerless. Scholla concludes that Jesuit law schools can create a unique environment which can foster professional expertise, personal growth, solidarity with the poor and openness to faith.
Catholic Dimensions of Legal Education
327. Silecchia, Lucia A., Environmental Ethics from the Perspectives of NEPA and Catholic Social Teaching: Ecological Guidance for the 21st Century SSRN logo SSRNcat, 28 William and Mary Environmental Law and Policy Review 659-798 (2004).
Over the years, a substantial body of Catholic social teaching has arisen to offer guidance as to the obligations that humanity has as stewards of creation. With ancient roots in Biblical text, and modern exploration in more recent texts, the connection between religious obligation and ecological responsibility has garnered much attention among Catholic thinkers - as well as among religious leaders of other faiths. This article explores the principles of Catholic social thought with respect to the environment and traces the development of those principles from their Biblical origins through the papacy of Pope John Paul II. In tandem with this discussion, the paper also explores the National Environmental Policy Act - the leading secular statement of environmental goals in American law. The paper compares and contrasts the principles of environmental responsibility as found in both Catholic social thought and in the National Environmental Policy Act, and addresses the ways in which they are consistent with each other - and the areas in which they present real tension. (Abstract excerpted in whole or part from the Social Science Research Network)
CUA Law Faculty/ Environmental Law
328. Silecchia, Lucia A., Catholic Social Teaching and its Impact on American Law: Observations on the Past and Reflections on the Future SSRN logo SSRNcat, 1 Journal of Catholic Social Thought 277-312 (2004).
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 to reflection on the impact that Catholic social teaching has had on American law and politics. It will then explore in more depth three obstacles that have been barriers to a greater role for Catholic social thought in American legal and political discourse. (Abstract excerpted in whole or part from the Social Science Research Network)
CUA Law Faculty/ Catholic Social Teachings/ Jurisprudence
329. Skinner, Denise A. and Julie H. Kohler, Parental Rights in Diverse Family Contexts: Current Legal Developments, 51 Family Relations 293-300 (2004).
Skiner and Kohler review current case law as it applies to parental rights. They examine two issues: (a) Who has been awarded the right to parent? and (b) What rights have been given to the parents? Their review shows how family law in the United States "both reflects and perpetuates society's ambivalence about family structure and, subsequently, parental rights and responsibilities."  The authors conclude by recommending "a broadened legal perspective that not only communicates society's expectation of responsible parenting but, in addition, gives legal recognition to diverse family forms in which members carry out these responsibilities."
Family Law
330. Smith, Steven D., Interrogating Thomas More: the Conundrums of Conscience, 1 University of St. Thomas Law Journal 580-609 (2004).
Smith’s participation in the symposium honoring the work of Judge T. Noonan Jr. involves taking a close look at the subjects of Thomas More and his claims of conscience.  He refers specifically to Noonan’s and Edward Gaffney’s book of readings on religious freedom (Religious Freedom: History, Cases and other Materials on the Interaction of Religion and Government), when he states that:  “Thomas More is included in that book as a leading and eloquent example of the commitment to conscience.” Smith also explains to the reader that he follows the Socratic method in his writing and he therefore poses more questions than answers in his article.
Professional Responsibility
331. Stabile, Susan J., Using Religion to Promote Corporate Responsibility, 39 Wake Forest Law Review 839-901 (2004).
Prevailing notions of corporate responsibility and of the role of law in regulating corporations are based on an underlying, but unarticulated, view of the person and the relation between the person and the world. The unarticulated vision is that of an individual independent and separate from others, motivated by self-interest, and possessing an entitlement to all that is in the world. Stabile proposes here an alternative vision of the person, one rooted in religion, that sees the communion and interrelatedness of all beings and that sees the things of the world not as entitlement, but as gift. This religious view of the person generates a very different notion of an ideal political and economic order and of corporate responsibility and the role of law in regulating corporations. Whether or not one is persuaded by the religious view of the person articulated herein, the discussion serves to illuminate the need to broaden the terms of the debate over the appropriate role of the law in regulating corporations by looking at the unexpressed underpinnings of the political and legal systems within which we operate.  Stabile notes that "[a]s expressed by the Catholic Church, regulating the economy solely by the law of the market “fails social justice, for ‘there are many human needs which cannot be satisfied by the market.”’"
Corporations
332. Stanford, John W., The Christian Lawyer: Defending Apparently Guilty Defendants and Using Deceptive Courtroom Strategies and Tactics, 16 Regent University Law Review 275-300 (2004).
From the standpoint of a Christian fundamentalist, Stanford addresses issues involved in the representation of an apparently guilty defendant.  After scriptural examination, he advises that at every stage from the request for representation to the closing of the case, the Christian lawyer must pray to confirm that he is acting according to God’s will.  He concludes that if the attorney complies with that divine guidance and with professional ethical standards, it is his moral obligation to use every available strategy to provide zealous representation for the client.
Professional Responsibility/ Criminal Law and Procedure
333. Steinfels, Margaret O., editor, American Catholics and Civic Engagement: A Distinctive Voice (Lanham, Md.: Rowman & Littlefield Publishers, 2004).    WorldCat      [WCat]
American Catholics and Civic Engagement is a collection articles that attempt to track two parallel yet distinct  aspects of its social thought:  the Church's own institutional activities and its presence in the political arena. The authors examine traditional Catholic participation in modern American society and explore methods to strengthen the engagement of Catholic leaders, secular media, and politicians to revitalize religious good works in America.
Catholic Social Teachings
334. Sweeney, John J., The Worker's Worker, in American Catholics and Civic Engagement: A Distinctive Voice 191-195, edited by Steinfels, Margaret O. (Lanham, MD: Rowman & Littlefield Publishers, 2004).    WorldCat  [WCat]
The author examines how a worker’s participation in the life of the Church and its sacraments can address social issues, provide a model for strong leadership in organized labor, and add to the success of the mission of the Church world-wide. According to Sweeney, God’s love is emulated when these communities strive to promote social justice, honesty, values, and work ethics. He explores how strong democracy and leadership enhance union solidarity, creativity, and ingenuity, which lead to the development of economic benefits to the worker.
Labor Law
335. Uelmen, Amelia J., The Spirituality of Communion: a Resource for Dialogue with Catholics in Public Life, 43 Catholic Lawyer 289- 310 (2004).
Uelmen, the Director of the Fordham University School of Law Institute on Religion, Law & Lawyer’s Work, looks at the relationship between religious belief and the political sphere in the context of three texts: 1) Ecclesia de Eucharistia, on the Eucharist; 2) Faithful Citizenship, the United States Bishop’s guide to political life and Catholic social teaching; 3) John Paul II’s findings in Evangelium Vitae about the responsibility of political leaders to promote life. The essay concludes with an exploration of the 2004 Bishop’s statement on Catholics in Political Life and a call for more dialogue about abortion with Catholics in public life and in broader public conversations.
Professional Responsibility
336. Uelmen, Amelia J., An Explicit Connection Between Faith and Justice in Catholic Legal Education: Why Rock the Boat?, 81 University of Detroit Mercy Law Review 921-938 (2004).
Fearful that integrating religious values into the substantive legal curriculum may be divisive or perceived as religious indoctrination, many Catholic law schools have concluded that the smoothest course for Catholic legal education is to draw only an implicit connection between faith and justice. This essay argues that this failure to draw a more explicit connection between faith and justice in the law school curriculum is ultimately a disservice to students. Equating a commitment to justice exclusively with pro bono and public interest law leaves many young attorneys at a loss for how to integrate into their day-to-day work any notions of justice informed by values other than those of the market. Catholic legal education should "rock the boat" in order to help students develop a robust intellectual framework which would help them to challenge, or at least think about, how their work as lawyers impacts the common good and the poor. Based on our experience at Fordham University School of Law, the essay outlines several practical suggestions for drawing a more explicit connection between faith and justice in curricula, programs and faculty colloquia. It notes that dialogue with other religious traditions and disciplines can do much to set an inclusive and inviting tone in schools with religiously diverse faculties and student bodies. (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Dimensions of Legal Education
337. Uelmen, Amelia J., Toward a Trinitarian Theory of Products Liability, 1 Journal of Catholic Social Thought 603-645 (2004).
Uelman's article explores the Catholic social dimensions of products liability as part of a Symposium on Catholic Thought & the Law. At a time when law school curriculums are heavily sprinkled with "Law &" seminars that explore the rich connections between legal theory and the most varied social sciences and arts, and given that the texts of Catholic Social Thought are pregnant with a profound and multi-layered social critique, it would seem that its robust integration with jurisprudence is long overdue. Among legal specializations, several obvious candidates for integration leap to mind. In the list of obvious candidates, however, many might not include products liability. How would such seemingly technical and scientific standards for the production of material goods intersect with Catholic Social Thought? Similarly, no one would be surprised that legal theorists have not yet identified the deeply mysterious theological doctrine of the Trinity as a lens for products liability analysis. Yet spurred on by the conviction that Catholic Social Thought can offer profound solutions to the knottiest dilemmas in products theory, and encouraged by William Stuntz's recent challenge to move beyond the "ordinary" and "conventional" in order to probe the depths of the unique resources that Christian theology may offer to legal theory, this essay sets out a few initial ideas as a first step toward a "Trinitarian" theory of products liability.   The essay begins with a brief outline of some of the overarching themes in products liability, and a story that illustrates what could be considered one of the principal tensions: the profound disconnect between how economic analysts and ordinary citizens who make up civil juries define the standard for a "reasonably designed" product. The second section aims to show that the philosophical and analytical framework of Catholic Social Thought can do much to help flesh out the critique of predominant products liability theories largely influenced by economic analyses. The final sections move beyond critique to consider what a relatively new current of thought in Catholic theology that sets out the Trinity as a model for social life might offer to products liability theory. Specifically, it considers two hotly debated areas in products theory - the role of cost-benefit analysis, and the Third Restatement's recent formulation of the definition of a defective product - to test whether Catholic Social Thought viewed through a "Trinitarian" lens might promise creative solutions. (Abstract excerpted in whole or part from the Social Science Research Network)
Torts
338. United States Conference of Catholic Bishops, In the Footsteps of Jesus: Resource Manual on Catholic Social Teaching. (Washington, D.C.:: United States Conference of Catholic Bishops, 2004).    WorldCat      [WCat]
This brief overview of the principles of Catholic Social Teaching released by the USCCB is a companion to the USCCB video In the footsteps of Jesus : Catholic social teaching at work today.
Bishops' Statements/ Catholic Social Teachings
339. Vischer, Robert K., Faith, Pluralism, and the Practice of Law, 43 Catholic Lawyer 17-27 (2004).
Vischer examines the dilemmas religious lawyers face when reconciling client-based mandates of the law with their religious beliefs. As part of the examination, Vischer explores the Catholic Church’s Congregation for the Doctrinal Faith Doctrinal Note that outlines the moral responsibilities that should be adhered to by lay Catholics who participate in the legal processes in a secular state. He concludes that the intersection of legal practice and faith requires religious lawyers to make difficult decisions. Visher maintains that examining the practice of law in the light of religious belief is worthwhile.  The message of the CDF's Doctrinal Note encourages lawyers to participate in client-centered practice. The religious lawyer can choose to practice within the bounds of religious faith and still be faithful to the legal needs of his client.
Professional Responsibility
340. Vischer, Robert K., Heretics in the Temple of the Law: The Promise of Peril of the Religious Lawyering Movement, 19 Journal of Law and Religion 427-490 (2004).
The impact of the religious lawyering movement as it pertains to integrating the law with faith is the topic explored as well as its effects on the type of legal services provided to a client when such services are effected by the beliefs a lawyer and of that lawyers ties to a community of lawyers who share the same faith. Vischer's review begins by providing a background of acceptable ethical behavior and the exclusion of religious values, part three which illustrates the benefits of including those religious values into the ethical system and part four which examines the potential threats brought about by the inclusion of the personal religious beliefs of lawyers in how they practice the law. The author concludes that such an incorporation is already underway in certain communities within the profession and should continue in a manner that is respectful to the declining priesthood paradigm which is similarly being effected by the issues of race, gender, political associations and sexual orientation which effect the behavior of lawyers, all under the overarching guidelines and demands of the legal profession.
Professional Responsibility
341. Vischer, Robert. K., Catholic Social Thought and the Ethical Formation of Lawyers: A Call for Community, 1 Journal of Catholic Social Thought 417 (2004).
In our system of professional regulation, where all lawyers in a state receive ethical guidance almost exclusively from state-level sources, it appears that lawyers have entrusted functions to the higher collectivity that are more properly shared with subordinate communities. Specifically, faith communities of lawyers have foregone any sustained or significant formative role in the professional ethics of their members. Such communities are uniquely situated and equipped to shape members' professional lives in ways that the ABA does not even purport to address. Catholic lawyers especially should be inclined to supplement the Model Rules' baseline requirements with a communal life that engages in an organic, interactive and intellectual process of mutual moral influence. This article traces the interplay of Catholic social teaching and governing conceptions of legal ethics, and explores the tensions that arise between a formative role for the faith community and the traditional presumptions of the profession.   (Abstract excerpted in whole or part from the Social Science Research Network)
Catholic Dimensions of Legal Education
342. Wagner, William J., John Noonan on Marriage and the Family: Continuity and Change in Doctrine, 1 University of St. Thomas Law Journal 724-749 (2004).
An article contributed to the Founding Symposium: God, the Person, History and the Law: Themes from the work of Judge John T. Noonan.  Wagner contends that the credibility of Judge Noonan's account of what history has to say about the scope of potential change in Catholic doctrine on marriage and the family depends on the cogency of his moral methodology. This article analyzes and critiques this moral methodology. Its conclusion is that, while Noonan's historical account has considerable usefulness as an important adjunct to philosophical and theological approaches to Christian morality, his implicit moral methodology makes his account less than reliable in formulating abstract and general rules of morality.   In support of its critique, this article first analyzes Judge Noonan's general methodological vantage and shows how he proceeds, within that vantage, to formulate general moral norms. Next, it compares Judge Noonan's work with trends in the reasoning of the United States Supreme Court between 1965 and the present to suggest that some of Noonan's assumptions about the longer-term consequences of his own methodology for stability and continuity in moral theology may be unwarranted. Finally, it argues that Noonan is not justified in assuming that adjudicative reasoning, without more, suffices for the formulation of general moral norms, or that transcendent moral meaning can always be derived from the church's external practice over time. The article concludes that Noonan's adjudicative style of deriving norms does not escape an element of moral relativism, and his concept of the authority of the church, a kind of fideism.
CUA Law Faculty/ Constitutional Law/ Jurisprudence/ Family Law
343. Weigel, George, World Order: What Catholics Forgot, First Things 31-38 (2004).
In the wake of tensions in the dialogue between the Holy See and the Bush Administration over the decision to go to war in Iraq in 2003, Weigel proposes that this difficult period was a by-product of a forty year "time of forgetting" - a "forgetting of the distinctive way Catholics have thought about world politics for centuries."  Weigel argues that a wiser conversation could take place - not just between Washington and Rome, but within the Church itself and within the U.S. government - once there is a retrieval and renewal of what was once called "Catholic international relations theory," which Weigel argues was characterized by a) an appreciation that politics is an arena of rationality and moral responsibility; 2) a classic understanding of power; and 3) a distinctive understanding of peace.
International Law
344. Wiebe, Virgil, Washing Your Feet in the Blood of the Wicked: Seeking Justice and Contending with Vengeance in an Interprofessional Setting, 1 University of St. Thomas Law Journal 182-216 (2004).
Wiebe, Director of Clinical Education and law professor at the University of St. Thomas School of Law, uses the biblical practice of footwashing as a metaphor to address questions such as: “How are wronged and broken individuals best served?  How do professionals address client demands for healing, compensation, retribution and even vengeance?”  In her view the footwashing analogy seems particularly apt to her search for a “faith- inspired interprofessional ethic.” Wiebe sees a related analog in the shoeshining scene in the movie, Shawshank Redemption.  Her examples illustrate and contrast  "the themes of vengeance on the one hand and sacrificial service on the other."
Professional Responsibility
345. Alvare, Helen M., Case for Regulating Collaborative Reproduction: A Children's Rights Perspective, 40 Harvard Journal on Legislation 1-63 (2003).
The greater part of popular and scholarly commentary on the subject of the new reproductive technologies takes one of two general themes: the "miracle of technology" theme, or the "risks to the adult participants" theme. There is too little consideration of the results for children of family formation by means of the new reproductive technologies. This is especially the case with the group of technologies that might be grouped under the heading of "collaborative reproduction," the use of the eggs, sperm, or embryos of a third party to create a child biologically unrelated to at least one intending legal parent. Very little state or federal regulation exists which takes the well-being of such technologically conceived children into account. This dearth is particularly anomalous in the current family law environment wherein increasingly strong preferences are asserted in favor of maintaining biological ties between children and their parents, and in favor of two-parent households. Collaborative reproduction directly challenges each of these preferences. The continuing, unregulated practice of collaborative reproduction also appears to accept a number of the premises of the argument for the cloning of human beings. With respect to collaborative reproduction, this article suggests the effects it might have upon children, considers and rejects the possible constitutional arguments against further regulation of it, articulates the invitation it offers to cloning, and offers several possible regulatory responses to the problems it poses to children and families. (Abstract excerpted in whole or part from the Social Science Research Network)
CUA Law Faculty/ Family Law
346. Araujo, Robert, S.J., The Catholic Neo-Scholastic Contribution to Human Rights: The Natural Law Tradition, 1 Ave Maria Law Review 159-174 (2003).
This historical essay briefly describes the influence of Catholic Neo-Scholastic thinkers in the development of human rights.  Araujo focuses on the work of De Vitoria, particularly his seminal piece, De Indis. The author argues that the teachings and concepts put forth by De Vitoria helped to establish some of the vital principles in the foundation of human rights doctrines.  The essay concludes with a discussion of how the works of Francis Suarez and Robert Bellarmine also serve as foundations for today’s human rights principles.  Araujo recognizes Suarez for contributing the principle of subsidiarity and Bellarmine for his principles of self-determination of peoples. Together these three Catholic Neo-Scholastic thinkers provided the important principles of modern human rights.
Civil Rights
347. Araujo, Robert, S.J., The Meaning of Person in the Context of Human Embryonic Cloning--Evolving Challenges for the Rule of Law in the International Order, 1 University of St. Thomas Law Journal 39-55 (2003).
Notwithstanding these important legal developments in the domestic and international legal arenas, the definition and understanding of the term “person” still retains ambiguities. Might these ambiguities be used to question or deny personhood to other human beings even in the present day? This issue has been raised in the context of abortion--is the fetus, is the unborn child a person before the law? From Roe and its progeny to Carhart the responses have not been promising. But on other fronts, the unborn child has been recognized as a person in the context of having legal rights and therefore status before the law. For example, under some state law in the United States the unborn child has received a variety of protections or legal recognitions, and therefore rights before the law for wrongful death and homicide. Under particular international legal instruments, the fetus has acknowledged rights that strongly suggest something about his or her status under the law. But I do not plan to address the issue of fetal rights, as it has been traditionally presented in the context of abortion, here. Rather, I shall raise and attempt to answer a much newer issue, one of growing and vital significance to us as citizens of various communities and as members of the human family--the issue of human embryonic cloning. This issue again raises the familiar question of who is a person before the law. However, this question now surfaces as a result of the recent, dramatic developments that have taken place in science. The subject of human embryonic cloning--a topic that could hardly have been considered in a practical context a few decades ago--has now acquired prominence in legal discourse because it seems to be approaching the state of reality in medical science.
International Law/ Family Law
348. Beabout, Gregory R. and Kevin E. Schmiesing, Socially Responsible Investing: An Application of Catholic Social Thought, 6 Logos 63-99 (2003).
This paper aims to apply principles given in recent papal encyclicals to social responsible investing (SRI) in the hope that Christians and other well-meaning people will thus be able to think more clearly through the sometimes complicated moral considerations involved in this phenomenon. As part of this discussion, the corporation itself will be examined, with a view to understanding the relationship of investing to corporate governance, labor relations, and corporate social responsibility.
Corporations/ Securities Regulation
349. Bork, Robert H., The Judge's Role in Law and Culture, 1 Ave Maria Law Review 19-29 (2003).
Part of the review's "Symposium: Law and Culture, responding to remarks made by Cardinal Francis George of Chicago."  Brok contends that George's comments about the import of law are timely, because U.S. law, "particularly in its upper reaches, is today in a state of moral chaos."  While he agrees about the odiousness of the Supreme Court decisions that george singles out, however, Bork does not think that "their odiousness is sufficient reason to condemn them as law. They stand condemned because they are not law in any sense other than the fact that the Supreme Court decided them. But the Supreme Court is not supposed to invent law but to apply it, and there is no law that underlies those decisions; they are merely expressions of the judges' will, judicial invasions of territory that belongs to the moral choice of the American people and their elected representatives. "
Jurisprudence
350. Boyle, Joseph, Sanctity of Life and Authorization to Kill: Tensions and Developments in the Catholic Ethics of Killing, 1 University of Saint Thomas Law Journal 217-233 (2003).
The church has not ever taught that capital punishment is as such impermissible.  This assessment has been nuanced--if not contradicted outright--lately. There is at the very least a change of emphasis from the assessments to be found in classical Catholic discussions exemplified by that of St. Thomas. There is, first of all, a heightened wariness about the appropriateness of invoking this punishment, as evidenced by the well known appeals of the pope and many bishops for clemency toward convicted capital criminals. This involves not only concerns about unfairness within the application of this penalty within the criminal justice system, but also pleas for mercy. Following these concerns, there is growing ecclesial support for the abolition of capital punishment, even if the underlying point of moral doctrine--that political society has the authority to kill the guilty as punishment--is not directly challenged.  Moreover, and more significantly, recent papal teaching, notably Pope John Paul II's teaching in The Catechism of The Catholic Church, and more extensively in Evangelium Vitae, places very stringent conditions upon any legitimate use of capital punishment. The trajectory of this movement seems to be in the direction of rejecting completely the permissibility of capital punishment, at least for societies with penal systems like those prevalent in the modern world. Boyle addresses the question of the permissibility of capital punishment not because I think it the most significant of the questions of life and death addressed by church teaching on the sanctity of life: abortion involves the unjustified, and increasingly socially accepted, killing of innocent people on a great scale; euthanasia and suicide have become more socially acceptable; and so, these concerns are central to the teaching of Evangelium Vitae, while capital punishment is an issue considered in a subsidiary way. (Part of Founding Symposium: God, the Person, History, and the Law: Themes from the Work of Judge John T. Noonan, Jr. - Development of Religious Doctrine--Roman Catholic Panel).
Criminal Law and Procedure/ Catholic Social Teachings
351. Brugger, E. Christian, Capital Punishment and Roman Catholic Moral Tradition (Notre Dame, Ind.: University of Notre Dame Press, 2003).    WorldCat      [WCat]
Brugger's book examines Catholic Church's position on capital punishment from both an historical and doctrinal perspective. In Part I, the author examines the Catechism of the Catholic Church's discussion of the three traditional justifications of capital punishment, retribution, redress, and the common good.  His discussion of the illegitimacy of capital punishment is based on the moral reasoning set forth in the encyclicals Evangelium Vitae (1995) and Veritatis Splendor (1993). In Part II, Brugger explains the historical development of the church’s initial support for, and its current opposition to, capital punishment. In Part III, Bugger examines the concept of the “development of doctrine” within the Church and its applicability to the Church's current position against the practice of capital punishment.
Criminal Law and Procedure
352. Cahill, Lisa S., Feminist Theology, Catholicism, and the Family, in Full of Hope: Critical Social Perspectives on Theology 94-111, edited by Thompson, Magdala (New York: Paulist Press, 2003).    WorldCat  [WCat]
Cahill explores how feminist theology can influence relationships in church and family by promoting mutual respect and greater equality between women and men. The author examines Familliaris Consortio, Pope John II's 1991 apostolic exhortation on the family, that invokes biblical authority for equal dignity and reciprocity between spouses, and conveys his admiration of women who succeed in improving their basic social, economic and political rights. Cahill explores the Pope’s view on how motherhood is the special genius of women, and prophetically-based.
Family Law
353. Carmella, Angela C., The Protection of Children and Young People: Catholic and Constitutional Visions of Responsible Freedom, 44 Boston College Law Review 1031-1059 (2003).
Carmella discusses the responsibility of the state to protect children from abuse, noting that while the state’s role inevitably places some limits on the Catholic Church’s autonomy and religious freedom, the Church still retains a measure of independence.  Carmella notes that the Church does have an obligation to exercise this religious freedom responsibly.  Part I explains the constitutional structure that regulates the relationship between church and state.  Part II discusses Catholic social teaching on the relationship between church and state and the necessary limits on religious freedom.  Part III discusses tort litigation regarding church-state agreements and offers examples of how the Church can develop a responsible freedom.
Family Law
354. Cochran, Clarke E. and David C. Cochran, Catholics, Politics, and Public Policy: Beyond Left and Right (Maryknoll, N.Y.: Orbis Books, 2003).    WorldCat      [WCat]
The authors analyze the Catholic Church's policies on welfare and education reform, health care, war, nuclear weapons, criminal justice and the protection of the sanctity of life.  They examine the issues that arise when the Catholic faith intersects with modern politics and the role played by the Church's traditional values and doctrines. The authors explore how contemporary issues of social justice spark needed debate in both the church community and contemporary secular society. Each chapter ends with a bibliography of suggest readings and useful web sites.
Catholic Social Teachings
355. Coleman, John A., American Catholicism, Catholic Charities USA, and Welfare Reform, in Religion Returns to the Public Square: Faith and Policy in America 229-267, edited by Hugh Heclo and Wilfed M. McClay (Baltimore: Johns Hopkins University Press, 2003).    WorldCat  [WCat]
The author uses this chapter to focus on one major public policy discussion: the debates on welfare reform that resulted in the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.  A variety of American Catholic organizations played a major role in these debates as they sought welfare reform.  Coleman outlines four subthemes in the chapter: the role of Catholic social thought in creating background assumptions for policy, the move from background assumptions to policy, Catholic policy proposals, and Catholicism and welfare policy.  This developmental treatment takes the reader through the bill’s passage and concludes that Catholic public policy allows this religious group to operate as a public citizen church in the modern world.
Catholic Social Teachings
356. Coughlin, John J., O.F.M., Pope John Paul II and the Dignity of the Human Being, 27 Harvard Journal of Law and Public Policy 65- 79 (2003).
Coughlin discusses Pope John Paul II’s consistent defense of the dignity and value of the individual human being. The author highlights how the Pope’s beliefs conflict with modern concepts of man’s legal place, both in totalitarian regimes, where the individual has little importance to the state, and in liberal systems of government, where man is too often relegated to his role as consumer. According to Pope John Paul II, legal systems do not adequately acknowledge the spiritual nature of man. Man’s dignity and value can only be properly defended by acknowledging his worth to God, by caring for the disadvantaged in the community, and by fostering a culture of forgiveness instead of a culture of blame.
Civil Rights/ Jurisprudence
357. Curran, Charles E., The Pope's Passions: The Legacy of John Paul II, 120 Christian Century 28-32 (2003).
Curran’s article details the extraordinary influence of Pope John Paul II. The author admires the Pope's voice for peace, human rights, opposition to capital punishment, and furthering Jewish-Catholic relations. On the negative side, the author feels that Pope missed opportunities for change in the areas of ordination of women, artificial contraception, and clergy celibacy. He argues that polls indicate substantial "disenchantment" with the Church among contemporary Catholics. Curran believes the Church became more centralized and authoritarian under Pope’s reign, and he wonders if this trend will continue under a new Pope.
Catholic Social Teachings
358. Elie, Paul, The Life You Save May be Your Own: An American Pilgrimage (New York: Farrar, Straus and Giroux, 2003).    WorldCat      [WCat]
The Life You Save May be Your Own is the story of four 20th Century American Catholic authors: Dorthy Day, Thomas Merton, Walker Percy and Flannery O'Conner.  Elie does not treat the four authors separately, but rather interweaves their individual stories into one "pilgrimage," that the author sees as a dominant metaphor in the work of each. Together, the author contends, their lives and works "achieve a distinctly Catholic outlook." The book's title derives from the title of an O'Conner short story.
Reference Sources
359. Garnett, Richard W., Christian Witness, Moral Anthropology, and the Death Penalty, 17 Notre Dame Journal of Law, Ethics and Public Policy 541 (2003).
Garnett argues, first, that we should resist, as distorting and dishonest, the imposition of such “strict” boundaries between “matters of private faith and political life;” and, second, that in the context of our public arguments about capital punishment, the task for faithful believers is not merely to baptize the policy analyses and preferences of abolitionist or other interest groups, but rather to bear authentic Christian witness to what Pope John Paul II has called the “moral truth about the human person.”(Part of the Symposium on Religion in the Public Square Essays)
Catholic Social Teachings/ Jurisprudence/ Criminal Law and Procedure
360. Garvey, George E., The Theory of the Firm, Managerial Responsibility, and Catholic Social Teaching, 6 Journal of Markets and Morality 525-540 (2003).
The costs of transacting the myriad individual contracts needed to operate a complex productive enterprise are prohibitive. The firm provided the solution, by substituting hierarchy and command for perpetual negotiations. The legal system played its part in the development of firms by establishing a sort of standard-form contract that defines the rights and duties of those operating under the umbrella of the firm. The primary duty of those who manage a firm is to maximize the interests of the firm's shareholders; that is, to maximize profits.Catholic social doctrine, while essentially supporting the critical elements of private enterprise such as private property and profits, does superimpose a higher duty. The firm must ensure that it never undermines the dignity of all who are affected by its economic activities. Workers, managers, and consumers may never be reduced merely to producing or consuming things. Every firm, moreover, has a duty to promote, and not to detract from, the common good. (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations/ Labor Law
361. George, Cardinal Francis, O.M.I., Law and Culture, 1 Ave Maria Law Review 1-17 (2003).
This article is based on remarks delivered at the dedication of the Ave Maria School of Law in Ann Arbor, Michigan on March 21, 2002. In it Francis Cardinal George examines an 1897 speech by Oliver Wendell Holmes in which Holmes reflected upon law and culture at the turn of the century. The author disagrees with Holmes’ theory that American law is separate from morality and truth, leaving law subject to manipulation by pressure groups. Cardinal George concludes his speech by suggesting that Catholic jurists, lawyers, legislators, and judges can work to create a culture  consistent with the truths of faith, and to shape a legal system based on moral principles rather than political expediency.
Jurisprudence
362. Gordon, James D., III, Individual and Institutional Academic Freedom at Religious Colleges and Universities, 30 Journal of College and Unversity Law 1-45 (2003).
This article will discuss individual and institutional academic freedom and will analyze the relationship between the two freedoms. The article will then address institutional academic freedom at religious colleges and universities. The article will also discuss Ex Corde Ecclesiae, the Catholic Church's affirmation of the institutional academic freedom of Catholic colleges and universities. The article will argue that the institutional academic freedom of religious colleges and universities should be respected and that this freedom is protected by the Free Speech and Free Exercise Clauses of the First Amendment. Lastly, the article will address other legal and accreditation issues relating to institutional academic freedom. (Abstract from article)
Catholic Dimensions of Legal Education
363. Heclo, Hugh and Wilfred M. McClay, editors, Religion Returns to the Public Square: Faith and Policy in America (Baltimore: Johns Hopkins University Press, 2003).    WorldCat      [WCat]
This collection of essays attempts to highlight the issues surrounding the national debate over religious liberty.  By grouping the contributions into three distinct parts, the editors offer accounts of where we have come from, where we are today, and where we are going with “public religion.” The first part focuses on the Protestant hegemony that defined religious liberty for much of the country’s first 200 years. The second examines the landmark court decisions of the 1960’s and 1970’s and the push for separation of church and state. The final part addresses the reaction to the possible marginalization of religion’s public role. The authors and editors strive to maintain a balance between protecting religious liberty and the promotion of religion’s free exercise in the public sphere.
Jurisprudence
364. Hittinger, Russell, The First Grace: Rediscovering the Natural Law in a Post-Christian World (Wilmington, Del.: ISI Books, 2003).    WorldCat      [WCat]
Hittinger develops a series of essays which investigate the problems that arise once natural law is understood as "free-floating with regard to authority, whether human or divine." In the first section, Hittinger attempst to define the natural law and considers its proper relationship to moral theology and the positive law, and argues for when and how judges should be guided by natural law considerations.  In the second section, Hittinger examines current legal and cultural issues from a natural law perspective. In particular, in chapter 9, "Dignitatis Humanae, Religious Liberty and Ecclesiastical Self-Government," Hittinger examines the Second Vatican Council's effort to recast the Church's understanding of religious liberty and how it can be reconciled with past Church teachings on the subject, attempting to dispel what he sees as misconceptions about Dignitatis Humanae along the way..
Jurisprudence
365. Holland, Joe, Modern Catholic Social Teaching: The Popes Confront the Industrial Age, 1740-1958 (New York: Paulist Press, 2003).    WorldCat      [WCat]
Holland’s book is a study of  Catholic social teaching, from 1740 to 1958.  The book is divided into two main sections: the first covers the period before Leo XIII (the "premodern" period in the author's designation), the second ends with the pontificate of Pius XII (the "modern" period). In his introduction, Holland indicates that he is working a follow-up volume (1958 to the present) to cover the "postmodern" period.  The book includes extensive endnotes.
Catholic Social Teachings
366. John Paul II, Pope (Karol Wojtyla), Papal Allocution, The Family Requires Special Consideration, Homily in Rijecka, Croatia (2003).     http://www.zenit.org/english/visualizza.phtml?sid=36863
Fewer intact families means not only fewer private resources for the care of children, but fewer private resources for vulnerable adults. This 2003 address by Pope John Paul II to the citizens of Croatia addresses the concern that fewer intact families means not only fewer privat resources for care of childrenbut also for vulnerable adults: “It must not be forgotten that in helping the family, we also help to resolve other important problems, such as providing assistance to the sick and the elderly, stopping the spread of crime and finding a remedy to drug use.”
Papal Teaching Documents/ Family Law/ Catholic Social Teachings/
367. Laurence, Patrick M., He Beareth Not the Sword in Vain: The Church, the Courts, and Capital Punishment, 1 Ave Maria Law Review 215-257 (2003).
Laurence asserts that the encyclical Evangelium Vitae does not find the death penalty evil “per se” and suggests that the most reasonable way to interpret the Catholic Church’s view on capital punishment is that it is a prudent response to circumstances and does not contradict any prior doctrine or traditions.
Criminal Law and Procedure
368. Marcin, Raymond B., Tolstoy and the Christian Lawyer, 52 Catholic University Law Review 327-350 (2003).
Marcin, a law professor at The Catholic University of America, takes a close look at Tolstoy and his views on Christians as lawyers.  Tolstoy essentially argues that the doctrine of Jesus, as described in the Sermon on the Mount, is a doctrine of "nonresistance to evil." Tolstoy then suggests that the courts operate in direct opposition to this doctrine.  The purpose of the court system, in Tolstoy's view, is specifically oriented to resisting evil. In his article, Marcin expounds on Tolstoy's argument and the resulting implications for Christian lawyers.
Professional Responsibility
369. Massaro, Thomas, United States Welfare Policy in the New Millenium: Catholic Perspectives on What American Society Has Learned About Low-Income Families, 23 Journal of the Society of Christian Ethics 97-118 (2003).
Massaro examines the welfare reform law of 1996 as an opportunity for religious social ethicists to evaluate the adequacy of the U.S.'s anti-poverty efforts.  This paper surveys policy developments from 1996 to 2003 and analyzes five key issues in the reauthorization debate: (1) the size and structure of welfare block grants; (2) work requirements; (3) welfare time limits, sanctions, and exemptions; (4) marriage promotion and the family cap; (5) ancillary programs providing work supports such as food stamps, Medicaid, and child care subsidies. A variety of ethical critiques of policy proposals is offered, some of them from the perspective of Catholic social teaching.
Family Law/ Catholic Social Teachings
370. Massaro, Thomas and Thomas A. Shannon, Catholic Perspectives on Peace and War (Lanham, Md.: Rowman & Littlefield Publishers, 2003).    WorldCat      [WCat]
Massaro and Shannon’s book traces the historical development of the theoretical underpinnings and the formal teachings of Catholic Church  on war and peace. The book begins with an examination of early concepts of “just war” in Hinduism, Jainism, Buddhism, Judaism, Zoroastrianism, Islam, and Christianity. The survey concludes by  focusing on recent American Catholic perceptions on peace and war.  Massaro and Shannon provide endnotes and a bibliography.
International Law
371. Mazza, Michael J., May a Catholic University Have a Catholic Faculty, 78 Notre Dame Law Review 1329-1358 (2003).
In this article, Mazza attempts to debunk the myth that civil law limits the ability of administrators at Catholic universities to make personnel decisions.  The author divides the article into three distinct parts: the first focuses on the obligations of the Catholic universities to their church and how church teachings insist on religious grounds for employment decisions.  The second part argues that defenses exist to rebut claims of religious discrimination. The final part of the article examines recent case law and highlights the fact that Catholic universities can abide by Canon law, and not face adverse legal consequences.  The author insists that these religious schools have enough legal protection to make employment decisions on religious grounds.
Catholic Dimensions of Legal Education
372. McGreevy, John T., Catholicism and American Freedom: A History (New York, NY: W.W. Norton & Co., 2003).    WorldCat      [WCat]
The interplay between the American Catholic Church and the United States has long been a source of tension for both church and state. McGreevy, an associate professor of history at the University of Notre Dame, examines the relationship between the two, beginning with the Eliot School Rebellion in Boston in 1859 and extending into the present day, when questions about abortion and human life dominate the church's engagement with American political life. The author begins by exploring efforts by some Catholics to counter the Protestant brand of Christianity being taught in the nation's public schools in the antebellum period, pointing out the sharp division that existed between Protestants and Catholics in the 19th century. He also discusses how Catholics dealt with slavery, then presents the church's stands on behalf of human life, most notably concerning abortion, a debate preceded and affected by an earlier battle over birth control. McGreevy's final chapter combines a discussion of the proposed "consistent life ethic" linking abortion, poverty, the arms race and the death penalty with a sparse treatment of the church's recent sexual abuse crisis. The author sees the scandal as further evidence of a fragile institution trying to distinguish "permanent truths from contingent applications." McGreevy's work is largely academic, and is presented in such a way that it will be of more interest to scholarly readers than ordinary Catholics. Still, it should be a valuable resource for students of modern church history.  (Abstract from Publishers Weekly)
Catholic Social Teachings/ Constitutional Law/ Civil Rights
373. Merz, Michael R., Conscience of a Catholic Judge, 29 University of Dayton Law Review 305-318 (2003).
Merz, a United States Magistrate Judge with responsibility for ruling in death penalty cases in southwestern Ohio, questions whether a faithful Catholic judge can participate in capital cases. Drawing on his own experience as a Catholic judge, Merez argues that the teachings of the Catholic Church as embodied in the encyclical Evangelium Vitae do not require the abolition of the death penalty. Meraz examines the legal approaches of Justices Brennan and Scalia and the spiritual approaches of Cardinal Bernardin and Pope John Paul II. He concludes that a Catholic judge can remain faithful to both his oath to uphold the Constitution of the United States and to his personal commitment to Catholic moral teachings.  He concludes that while the Catholic tradition does not abolish the capital punishment, it does require the Catholic judge to treat capital cases with "the utmost seriousness and care."
Professional Responsibility
374. Morrissey, Daniel J., Bringing the Messiah through Law: Legal Education at the Jesuit Schools, 48 St. Louis University Law Journal 549-585 (2003).
Morrissey's article explores how Jesuit history and traditions "have informed their world vision" and how they have affected American legal culture. Part 2 describes the history of the Jesuits and includes a discussion of Jesuit beginnings, the foundational mission and attitudes of the Jesuits, and early Jesuit social philosophy. Part 2 also describes the backlash against the Jesuits during the 18th and 19th Centuries in Europe and the religious freedom experienced by Jesuits in America during that same time period. Part 3 explores the development of Jesuit law schools and jurisprudence and the rebirth of a “Jesuit humanistic spirit.” Part 4 turns to a discussion of modern challenges to the Jesuit identity and mission. The final section of the essay encourages modern Jesuit scholars to continue that Jesuit mission in legal scholarship and practice.
Catholic Dimensions of Legal Education
375. Oates, Mary J., Faith and Good Works: Catholic Giving and Taking, in Charity, Philanthropy, and Civility in American History 281-299, edited by Lawrence J. Friedman and Mark D. McGarvie (New York: Cambridge University Press, 2003).    WorldCat  [WCat]
Oates examines Catholic social teaching in the American context by tracing its lived experience through the evolution of church charitable institutions over the last two centuries.  Oates looks in particular at the tensions that emerged in the 20th century between Church leaders who came to view small, locally financed benevolent institutions as an inefficient way to allocate charitable resources and collaborate more effectively with government agencies, and those who preferred the more localized approach,
Catholic Social Teachings
376. Oslington, Paul, Economics and Religion (Northhampton, Mass.: Edward Elgar Pub., 2003).    WorldCat      [WCat]
This two volume set, part of The International Library of Critical Writings in Economics series, collects previously published essays examining the relationship between economic theory and religion. Volume I focuses primarily on the historical influence of Christian theology on economic theory. Volume II comprises two sections. Part I deals with studies by modern Christian economists and critics, including articles on both Islamic and Judaic approaches to economics. Part II focuses on contemporary religious economics.
Catholic Social Teachings
377. Reid, Charles J., Jr., The Religious Conscience and the State in U.S. Constitutional Law, 1789-2001, in Religion Returns to the Public Square: Faith and Policy in America 63-110, edited by Heclo, Hugh and Wilfred M. McClay (Baltimore: Johns Hopkins University Press, 2003).    WorldCat  [WCat]
The author divides this chapter into five sections: the first analyzes the Madisonian vision of religious freedom and the creation of the First Amendment.  The second looks at how the Supreme Court balanced the First Amendment’s religious liberty language with unprotected overt acts performed in the name of religion.  The third section takes the reader through the post World War II era and discusses the critical religious liberty decisions of the Court culminating in the 1972 Amish decision.  The next section addresses the Court’s emphasis on distinguishing between the “free exercise clause” and the “establishment clause” of the Constitution.  The chapter concludes by addressing the state of religious freedom in the United States since 1990.
Constitutional Law
378. Rougeau, Vincent D., A Crisis of Caring: A Catholic Critique of American Welfare Reform, 27 Harvard Journal of Law and Public Policy 101-120 (2003).
According to Rougeau, American welfare reform has failed. The U.S.  Government blames the poor for their inability to “make it” and refuses to fund necessary public services. Instead of encouraging social integration, its policies are isolating and degrading.  Catholic social teaching, on the other hand, offers a different vision. It places the blame and the responsibility for the marginalized on the entire society and stresses the value of community integration over personal autonomy. It is a vision that recognizes human potential of the poor and refuses to reduce the crisis of the poor to a cost-benefit analysis.
Catholic Social Teachings
379. Sargent, Mark A., We Hold These Truths: Can a Catholic Law School Make a Difference in the Education of  Lawyers?, 130 Commonweal 14-16 (2003).
Sargent’s article explores the development of Catholic law schools and asserts that they can educate students to be both good Catholics and good lawyers. He reinforces the traditional Catholic vision that human dignity is achievable through justice, and suggests that an open ecumenical community can further clarify the Church’s mission. Drawing from Catholicism’s traditions, Sargent explains how religiously educated lawyers can promote truth and justice in society.
Catholic Dimensions of Legal Education
380. Shaffer, Thomas L., Lawyers and the Biblical Prophets, 17 Notre Dame Journal of Law, Ethics and Public Policy 521-540 (2003).
Shaffer states that his essay is part of a broader exploration of the idea that the biblical prophets can serve as moral examples and sources of ethical reflection for modern-day lawyers in the United States.  In fact, Shaffer describes the biblical prophets (including Moses, Isaiah, and others) as lawyers.  He compares the actions of early civil rights lawyers, for example, to the biblical prophets who spoke out against injustice.  In his article, Shaffer discusses his observations on "prophetic politics."
Professional Responsibility
381. Shaffer, Thomas L., Lawyers as Prophets, 15 Saint Thomas Law Review 469-484 (2003).
Shaffer addresses the question of how it is possible simultaneously to be a lawyer and a good person, and answers the question theologically: to be a faithful Jew or Christian.  Shaffer examines the question with reference to the prophets of Hebrew Scripture - Moses, Jeremiah, Isaiah, Amos, Ezekiel, etc.  These prophets, Shaffer argues, are not only sources of legal ethics and of jurisprudence for Jews and Christians, but lawyers themselves.
Professional Responsibility
382. Smith, Stephen F., Cultural Change and 'Catholic Lawyers', 1 Ave Maria Law Review 31-59 (2003).
Based on remarks delivered at the University of Virginia in the fall of 2000, Stephen Smith articulates why and how students should become distinctly Catholic lawyers.  Smith focuses on the need for lawyers to be motivated by a “spiritual culture” and the importance of Catholic legal education in the development of that culture.  Smith articulates practical steps for law students to follow in the process of becoming distinctly Catholic lawyers.
Catholic Dimensions of Legal Education/ Professional Responsibility
383. Uelmen, Amelia J., A View of the Legal Profession from a Mid-Twelfth-Century Monastery, 71 Fordham Law Review 1517-1541 (2003).
Uelmen searches for the so-called “golden age” of legal professionalism by taking the reader back to the twelfth century and particularly the writings of Bernard of Clairvaux.  The author grants that the writings of an 800 year-old Cistercian monk seem an unlikely place to look for a critical examination of the legal profession. However, she asserts that Bernard’s writings “reveal a surprising openness, breadth and flexibility that enlightens some of the timeless themes of legal ethics.” Among these themes is a religious vision of lawyers as public servants, a searching examination of the distortions of greed and ambition, and a recognition of the limitations of litigation.
Professional Responsibility
384. United States Conference of Catholic Bishops, Faithful Citizenship: A Catholic Call to Political Responsibility (2003).     http://www.usccb.org/faithfulcitizenship/bishopStatement.html
U.S. bishops guide to voters. "Faithful citizenship calls Catholics to see civic and political responsibilities through the eyes of faith and to bring our moral convictions to public life. People of good will and sound faith can disagree about specific applications of Catholic principles. However, Catholics in public life have a particular responsibility to bring together consistently their faith, moral principles, and public responsibilities." The document offers a series of ten questions to help guide Catholic voters in shaping their votes in conformity with Church teachings.
Bishops' Statements/ Catholic Social Teachings
385. United States Conference of Catholic Bishops, Between Man and Woman: Questions and Answers About Marriage and Same-Sex Unions (2003).     http://www.usccb.org/laity/manandwoman.shtml
In this November, 2003 document of its Committee on Marriage and Family, the United States Conference of Catholic Bishops restates its opposition to the recognition of same-sex marriage.
Catholic Social Teachings/ Bishops' Statements/ Family Law/ Civil Rights
386. United States Conference of Catholic Bishops and Conferencia del Episcopado Mexicano, Strangers No Longer: Together on the Journey of Hope (2003).     http://www.usccb.org/mrs/stranger.shtml
Joint statement of the episcopal conferences of the U.S. and Mexico, addressed to migrants, public officials, and government workers of both nations, "to measure the interests of all parties in the migration phenomenon against the guidelines of Catholic social teaching and to offer a moral framework for embracing, not rejecting, the reality of migration between our two nations. We invite Catholics and persons of good will in both nations to exercise their faith and to use their resources and gifts to truly welcome the stranger among us (cf. Mt 25:35)."
Catholic Social Teachings/ Bishops' Statements/ Immigration Law/ International Law/ Labor Law
387. United States Conference of Catholic Bishops. Office of Finance/Accounting Services., Socially Responsible Investment Guidelines (2003).     http://www.nccbuscc.org/finance/srig.shtml
From the introduction: "The United States Conference of Catholic Bishops ("USCCB", "Conference") is called to exercise faithful, competent and socially responsible stewardship in how it manages its financial resources. As a Catholic organization, the Conference draws the values, directions and criteria which guide its financial choices from the Gospel, universal church teaching and Conference statements. In order to function effectively and to carry out its mission, the Conference depends on a reasonable return on its investments and is required to operate in a fiscally sound, responsible and accountable manner. The combination of religious mandate and fiscal responsibilities suggests the need for a clear and comprehensive set of policies to guide the Conference's investments and other activities related to corporate responsibility."
Catholic Social Teachings/ Bishops' Statements/ Securities Regulation/ Corporations
388. Alvare, Helen M., Catholic Teaching and the Law Concerning the New Reproductive Technologies, 30 Fordham Urban Law Journal 107-134 (2002).
This Article will set forth the fundamental teachings from which the Roman Catholic Church derives its positions on the NRTs. It will further demonstrate the application of these teachings to some of the specific medical techniques commonly used in the course of NRTs. The Church's legislative recommendations will then be summarized. For the most part, these recommendations have not found their way into law or practice. Still, it will be explained that many of the Church's most deeply-rooted concerns about both the processes and effects of NRTs are echoed by legal scholars and others who ground these concerns not in Catholic, but in "human" terms. At the same time, these secular voices often come to different conclusions than those reached by the Church. This Article will explain how these diverging views develop from fundamental differences in starting points. They flow also from perceptions about the Church's "agenda" in proposing legislation concerning NRTs. (Abstract from article)
CUA Law Faculty/ Family Law
389. Bainbridge, Stephen M., The Bishops and the Corporate Stakeholder Debate, Villanova Journal of Law and Investment Management (2002).
Prepared for a conference on faith-based investing practices, this essay critiques Catholic social teaching on corporate social responsibility. Specifically, Bainbridge's essay focuses on one of the policy recommendations made by the U.S. Bishops in their pastoral letter on economic justice, Economic Justice for All: Pastoral Letter on Catholic Social Teaching and the U.S. Economy. In that letter, the Bishops addressed the so-called stakeholder debate; i.e., whether decisionmaking by directors of public corporations should take into account the interests of corporate constituencies other than shareholders. This essay focuses on the Bishops' position as matter of public policy rather than as a matter of theology. The essay evaluates three ways in which the Bishops' position might be translated into public policy: (1) directors could be given nonreviewable discretion to make trade-offs between shareholder and stakeholder interests; (2) directors could be given reviewable discretion to make such trade-offs; or (3) directors could be required to make such trade-offs subject to judicial (or regulatory) oversight. None of these approaches is an improvement on current law; to the contrary, all are worse. The first approach would be toothless, the second would increase agency costs, and the third would either prove unworkable or pose an unwarranted threat to economic liberty (or both). (Abstract excerpted in whole or part from the Social Science Research Network)
Corporations
390. Baird, Charles W., Liberating Labor: A Christian Economists's Case for Voluntary Unionism (Grand Rapids, Mich.: Acton Institute, 2002).     http://www.hrnicholls.com.au/articles/hrn-baird2.pdf
Liberating Labor is the second essay of the Acton Institute's Christian Social Thought series. Charles Baird, Professor of Economics at California State University, rebuffs the belief that Catholic social teaching supports all forms of trade unionism.  In his essay, he describes various approaches to the economy and unionism that are, in his opinion, contrary to Catholic social teaching. The author concludes with his own model of trade unionism that he believes is more consistent with Catholic doctrine.
Labor Law
391. Bradley, Gerard V., Liberalism and Marriage: The Pluralist Game Revisited, in A Moral Enterprise: Politics, Reason, and the Human Good 185- 202, edited by Kenneth L. Grasso and Robert P. Hunt (Wilmington, Del.: ISI Books, 2002).    WorldCat  [WCat]
This essay is one of a collection in honor of Francis Canavan, S.J., professor emeritus of political science at Fordham University.  Bradley discusses and expands on Canavan’s ideas concerning political liberalism, applying these ideas to the issues of abortion and same-sex marriage.  Bradley begins by comparing Father Canavan’s 1965 essay “Law and Morals in a Pluralist Society” with Joseph Cardinal Ratzinger’s thoughts on metaphysics, positive law, and natural moral law.  Bradley then expands on these ideas in a discussion of “moral neutrality” regarding abortion and same-sex marriage.  Bradley concludes that positive law is fundamentally moral in nature and should be embraced by Roman Catholic traditionalists.
Family Law
392. Bush, George W., Faith, Compassion, and the War on Poverty, 16 Notre Dame Journal of Law, Ethics and Public Policy 329-335 (2002).
President Bush’s 2001 Notre Dame commencement address stresses that the nation must recommit itself to faith-based organizations, charities, and community groups to improve the lives of its citizens. He explains his administration’s efforts in this area, focusing on the creation of a White House Office of Faith-based and Community Initiatives and its goals of providing local community volunteer programs with federal dollars and fewer bureaucratic barriers.
Catholic Social Teachings
393. Cahill, Lisa S., Toward Global Ethics, 63 Theological Studies 324-344 (2002).
Responding to earlier essays in Theological Studies that considered whether it is possible to speak of intercultural dialogue about the common good in an era of globalization, or whether it is even possible to seek a "global ethics," Cahill argues that a revised concept of the common good can still be useful.  Cahill brings to bear on global ethics some aspects of Thomas Aquinas's view of practical reason, especially its historical contextuality and its interdependence with moral virtue.  A global ethics, Cahill argues, can begin to correct the disordered situation in contemporary society where basic human material and social goods are rarely equitably available, by encouraging solidarity in moral attitudes, moral recognition or knowledge, and moral practices.
Catholic Social Teachings
394. Calvez, Jean-Yves and Michael J. Naughton, Catholic Social Teaching and the Purpose of the Business Organization: A Developing Tradition, in Rethinking the Purpose of Business: Interdisciplinary Essays from the Catholic Social Tradition 3-19, edited by Cortright, Steven A. and Michael Naughton (Notre Dame, Ind.: University of Notre Dame Press, 2002).    WorldCat  [WCat]
In this brief survey of official Catholic social teachings the authors attempt to answer two questions: how is the corporation understood from a societal perspective, and does the corporation have the capacity to help people grow?  In answering these questions Calvez and Naughton engage in a discussion between the intellectual depth of the Catholic social tradition and the complexities of a business organization.  Beginning with the Rerum Novarum the authors trace the church’s teachings on the business organization from Pope Leo XIII through Pope John Paul II.  They conclude that although the corporation does serve a social function in the eyes of the Church, they also acknowledge that corporations have fallen short in their capacity to develop people.  The individual must therefore engage in other social structures outside of the corporation in order to realize their full humanity.
Corporations
395. Catholic Church, The Catechism of the Catholic Church (Vatican City: Libreria Editrice Vaticana, 2002).    WorldCat      [WCat]  http://www.vatican.va/archive/ccc_css/archive/catechism/ccc_toc.htm
The Catechism is an official statement of the Catholic Church's faith. The drafting of this document was inspired by the Vatican Council II and authorized by an Extraordinary Synod of Bishops in 1985. The text of the first edition was approved by Pope John Paul II in 1992. This second edition of the Catechism  was approved in 1997. A Web version is available at http://www.vatican.va/archive/ccc_css/archive/catechism/ccc_toc.htm and at  http://www.scborromeo.org/ccc.htm.
Reference Sources
396. Catholic University of America, New Catholic Encyclopedia (2nd Edition) (Washington, DC: Gale, 2002).    WorldCat      [WCat]
Prepared at the Catholic University of America and published jointly by CUA and the Gale Group, this 15 volume standard reference work is a new update of the 1967 New Catholic Encyclopedia and, in essence, the third edition of the 1913 Catholic Encyclopedia. This edition includes updates from the 1972, 1978, 1988 and 1995 supplements to the 1967 Edition.
Reference Sources
397. Cortright, Steven A. and Michael Naughton, editors, Rethinking the Purpose of Business: Interdisciplinary Essays from the Catholic Social Tradition (Notre Dame, Ind.: University of Notre Dame Press, 2002).    WorldCat      [WCat]
This work, volume two of the Catholic Social Tradition Series, is a collection of interdisciplinary essays dealing with integrating management theory with Catholic social principles. The book's 13 essays were selected from papers presented at a follow-up seminar to the Second International Symposium on Catholic Social Thought and Management Education. These essays are divided into three sections: Section I: Engaging the Shareholder Model of the Firm; Section II: Adding the Stakeholder Model to the Debate;section III: Managerial Practices Informed by Catholic Social Thought.
Corporations
398. Curran, Charles E., Catholic Social Teaching 1891-Present: A Historical, Theological, and Ethical Analysis (Washington, D.C.: Georgetown University Press, 2002).    WorldCat      [WCat]
In his introduction, Curran, a moral theologian, states his intention to "discuss the major issues developed in Catholic social teaching." Part I approaches Catholic social thought on a theoretical basis using theological, ethical and ecclesial methodologies. Part II examines the content of Catholic teaching and has separate chapters on anthropology, the political order, economics, and specific political rights, such as religious freedom and human rights.
Catholic Social Teachings
399. Dolan, Jay P., In Search of an American Catholicism: A History of Religion and Culture in Tension (New York: Oxford University Press, 2002).    WorldCat      [WCat]
According to Dolan,  American Catholics have grappled with the differences between traditional Roman Catholic values and contemporary American culture since the 18th century.  Borrowing from W.E.B. DuBois’ idea of two-ness-- “two souls, two thoughts, two unreconciled strivings”--he suggests that Catholic and American cultures complement and enrich each other through shared ideals, concerns and goals. He examines how societal concerns of war and peace, abortion, gender issues and the death penalty provide a fertile ground for sharing core values and beliefs.
Jurisprudence
400. Dulles, Cardinal Avery, Catholic Social Teaching and American Legal Practice, 30 Fordham Urban Law Journal 277-289 (2002).
Dulles examines how the connections between personal faith and legal practice affect society and the nature of justice. He contends that faith-based social theory offers many significant contributions to Christian or Catholic law schools, and to the establishment of norms of social and ethical behavior.  Dulles emphasizes how relevant ethical principles taught in law schools benefit social order and encourage citizens to create a just and healthy public order.
Catholic Dimensions of Legal Education/ Catholic Social Teachings
401. Eterno, John A., Justice from a Higher Power: On Being a Catholic Police Officer, in Professions of Faith: Living and Working as a Catholic 41-54, edited by Martin, James, S.J. and Langford, Jeremy (Franklin, Wis.: Sheed & Ward, 2002).    WorldCat  [WCat]
A reflective essay written on how the Catholic faith should shape the conduct of police oficers in their duties, and how the very qualities that make police officers effective - restraint, order, selflessness - are consonant with Catholic moral virtues.
Criminal Law and Procedure
402. Feerick, John D., A Response to Avery Cardinal Dulles, 30 Fordham Urban Law Journal 291-297 (2002).
Feerick, a professor at Fordam University Law School, responds to an address delivered by Cardinal Avery Dulles at the Inauguration of the Catholic Lawyers' Program of the Institute on Religion, Law Program of the Institute on Religion, Law and Lawyers' Work. Feerick lauds Dulles's exposition of the principles of Catholic Social Teaching, noting that the difficulty "is in the application of these principles to the concrete." Feerick discusses in greater detail Dulles' discussion of the risks of the entanglement of Church and state, and the role of Catholic legal education in furthering the Church's principles.
Catholic Dimensions of Legal Education/ Catholic Social Teachings
403. Ferrari, Silvio, Canon Law as a Religious Legal System, in Religion, Law and Tradition: Comparative Studies in Religious Law 49-60, edited by Huxley, Andrew (London: RoutledgeCurzon, 2002).    WorldCat  [WCat]
This short chapter is divided into two sections.  The first section discusses the religious nature of the canon law legal system, while the second section provides a comparative discussion of canon law and other religious legal systems.  Throughout this piece the author makes it clear that while canon law can be differentiated from secular legal systems, the differences are based more upon the supernatural orientation of canon law than its divine foundation.  Equally, he is quick to point out that while other religious legal systems may at first glance appear similar to canon law, under closer examination they prove to be extremely different in nature.
Jurisprudence
404. Fishman, Clifford, Old Testament Justice, 51 Catholic University Law Review 405-23 (2002).
Fishman, a criminal law professor, examines the perception that the concept of justice in the Old Testament was "harsh, cruel and unyielding." He finds in the Torah a robust criminal law with a nuanced approach to issues of privacy, evidence, fairness, and punishment.
Criminal Law and Procedure
405. Fletcher, Galen L. and Jane H. Wise., editors, Life in the Law: Answering God's Interrogatories (Provo, Utah: J. Reuben Clark Law Society, Brigham Young University Law School, 2002).    WorldCat      [WCat]
In this collection of essays,  the authors examine personal and professional issues of devotion and duty to God through the use of theological questions or "interrogatories." In Part I, they examine how integrity and purpose prepare lawyers to better assess the role that faith plays in their professional lives.  In Part II, the authors explore the influence of secular materialism, economic issues, and greed in a lawyer’s life. In Part III, the authors analyze professional attitudes, obligations, practices, and other responsibilities that Christian lawyers owe to society. In Part IV, they examine how moral duty and devotion to God can be realized through good works and personal faith.
Professional Responsibility
406. Formicola, Jo R. and Mary Segers, Bush Faith-Based Initiative: The Catholic Response, 44 Journal of Church and State 693-715 (2002).
The authors examine the Bush administration’s government funding of faith-based initiatives, and how these programs can improve the funding to the poor and under-served members of U.S. society. Formicola and Segers detail how Catholic bishops hope the Bush administration’s new initiatives will lead to a more favorable church and state relationship in American society.
Catholic Social Teachings
407. Garnett, Richard W., Sectarian Reflections on Lawyers' Ethics and Death Row Volunteers, 77 Notre Dame Law Review 795-828 (2002).
Garnett examines the role of an attorney in the representation of death row defendants.  He focuses particularly on the situation where political realities and religious perspectives conflict.  Garnett analyzes ethical and moral obligations of a death row volunteer attorney, and the tension between personal conscience and professional interest. In particular, he explores the difficult issues attorneys and judges face when the accused pleads guilty, and then instructs his lawyer not to present possible mitigating evidence to save his life.
Professional Responsibility/ Criminal Law and Procedure
408. Garvey, John H., Catholic Law Schools and the Church Crisis, 2 Boston College Chronicle (2002).
Garvey offers a brief essay discussing the role of Catholic law schools in the unfolding Catholic Church sexual abuse scandal. Garvey concludes: "The current crisis in the Church is an unhappy occasion for reviewing our role as a Catholic institution. But I think we are in a position to render a real service in this affair, because our concern for the welfare of the Church is coupled with those qualities that mark a great educational institution: a commitment to truth, a spirit of free inquiry, an inclusive community, and a love of justice that is personal and not just intellectual."
Catholic Dimensions of Legal Education
409. Grabill, Stephen J., Kevin E. Schmiesing, and Gloria L. Zuniga, Doing Justice to Justice: Competing Frameworks of Interpretation in Christian Social Ethics (Grand Rapids, Mich.: Acton Institute, 2002).    WorldCat
            [OclcCat]
Doing Justice to Justice is part of the Acton’s Institute’s Christian Social Thought Series. The first section of this brief essay provides a survey of the major documents of Catholic social teaching. It also provides an analysis of the ideas of three major thinkers--John A. Ryan, Johannes Messner and David Hollenbach-- who exemplify what the authors describe as the “three most prominent frameworks of interpretation” of the meaning of the term social justice. The essay’s second part explores the distinctions between social justice and economic justice in the United States Bishops’ pastoral letter, Economic Justice for All.
Catholic Social Teachings
410. Grasso, Kenneth L. and Robert P. Hunt, A Moral Enterprise: Politics, Reason, and the Human Good (Wilmington, Del.: ISI Books, 2002).    WorldCat      [WCat]
This collection of essays honors the contributions of Fr. Francis Canavan, S.J.  The introduction discusses Fr. Canavan's intellectual accomplishments and publications. The collection also contains a complete bibliography of his works. The editors have collected a wide variety of essays written by legal, government, and philosophy scholars who admire Father Francis Canavan and his work on Catholicism and the Catholic intellectual tradition.
Jurisprudence
411. Hamill, Susan S., An Argument for Tax Reform Based on Judeo-Christian Ethics, 54 Alabama Law Review 1-111 (2002).
Hamill examines the current tax policies in the state of Alabama in light of the principles of Judeo-Christian ethics. She concludes that  reform is needed to remedy inequalities and imbalance in the imposition of taxes upon Alabamians. In part one of the essay, the author examines the ability of Alabama to collect revenues in the form of income, sales and property taxes. She compares these taxation policies with those of neighboring states and concludes that they favor the wealthy and corporation and  fail to raise the revenue needed to adequately fund the state's educational system. Part two examines the fairness of tax structures and concludes that they are inequitable and overburden low-income taxpayers. Hamil concludes that these inequities are inconsisent with the requirements of fairness and justice that lay at the core of the Judeo-Christian.
Taxation
412. Hart, John, Care for Creation: Catholic Social Teaching on the Environment, 9 Josephinum Journal of Theology 120-145 (2002).
This article provides a succint overview of Catholic social teaching as it relates to man's stewardship of the planet.  In particular Hart focuses on the Church's teachings since Vatican II and the transformation of the Christian anthropocentric view of creation since Gaudium et Spes in 1965. One by one, the author briefly outlines and analyzes the key documents promulgated by the Vatican in this area.  Included are the relevant sections of the Catechism of the Catholic Church, Pope John Paul II's landmark 1990 statement, The Ecological Crisis: A Common Responsibility, the U.S. Bishops declaration in 1991 that the environmental crisis is a moral crisis, and a selection of pastoral letters from regional bishops. In concluding, Hart acknowledges that while the Chruch's teachings on the environment are not new, they now take a less anthropocentric view and have adopted a stance that places more emphasis on the caring and stewardship of our environment.
Environmental Law
413. Hooper, J. Leon, Dorothy Day's Transposition of Therese's 'Little Way', 63 Theological Studies 68-86 (2002).
Hooper examines Dorothy Day's adoption of St. Therese of Lisiuex's "little way" as the method par excellence of the social transformation practiced by Catholic Workers.   While some critics contend that St. Therese's spirituality seemed both trivieal and even excessively encouraged passivity in response to death and starvation rather than action, Hooper contends that Day's appropriation of the "little way" was in fact distinctively Catholic, and effective in helping create positive social transformation.
Catholic Social Teachings
414. Keane, Philip S., Catholicism and Health-Care Justice: Problems, Potential, and Solutions (New York: Paulist Press, 2002).    WorldCat      [WCat]
Keane offers a Catholic perspective on the moral state of health care in the United States.  Chapter 1 covers topics such as justice and care for the poor, the rights and responsibilities of employees and the meaning of sickness and death.  Chapters 2-6 discusses various health care trends (such as managed care, government intervention, and cost of prescriptions) from a Roman Catholic theological viewpoint.  The final chapter “offers some tentative conclusions about the future of U.S. health care, based upon the Catholic principles and on their application to current health-care questions.”
Catholic Social Teachings
415. Knitter, Paul and Chandra Muzaffar, editors, Subverting Greed: Religious Perspectives on the Global Economy (Maryknoll, N.Y.: Orbis Books, 2002).    
The most relevant entry in this collection is the chapter by Sallie McFague.  The article focuses on Christianity and argues that there are two views of economic rules for planetary living: the neoclassical market model with its emphasis on greed and devotion to growth, and the ecological economic model with its message of interdependence and its long-term goal of planetary sustainability.  McFague refers to these two models as the consumer society and the just society.  She makes it clear that Christians need to turn from the consumer society in which they are immersed and embrace the just society with its focus on ecologically sound principles.  The author concludes by arguing that the model one adopts is a reflection of how one views God, and that Christians should adopt the just society model because it more accurately portrays the Christian view of God.
Catholic Social Teachings
416. Kreeft, Peter, Catholic Christianity: A Complete Catechism of Catholic Beliefs Based on the Catechism of the Catholic church (San Francisco: Ignatius Press, 2002).    WorldCat      [WCat]
Catholic Christianity is a summary of the doctrines and practices of the Catholic Faith based on the exposition of the official Catechism of the Catholic Church.
Reference Sources
417. Leyh, Morgan, Finding Social Justice at the Point Where the Legal System and Christianity Meet: The Role of the Christian Attorney in Seeking Justice for the Poor., 15 Regent University Law Review 153-173 (2002).
In this article, Leyh addresses the issue of access to justice in the United States Legal system and how that access is affected by poverty.  As background, the author provides an overall view of poverty in the United States and explains in some detail the manner in which poverty statistics are calculated.  Leyh also discusses the need for public interest lawyers, the biblical basis for providing legal representation for the poor, the mandatory pro-bono debate, and her concept of "holistic advocacy."
Professional Responsibility/ Catholic Social Teachings
418. Martin, James, S.J. and Langford, Jeremy, editors, Professions of Faith: Living and Working as a Catholic (Franklin, Wis.: Sheed & Ward, 2002).    WorldCat      [WCat]
Professions of Faith is an anthology of short reflections on spirituality and work. Thirteen individuals -- a teacher, architect, artist, spouse, business person, police officer, doctor, lawyer, parent, actress, social worker, writer, and journalist  reflect on what makes their “calling” special.  Each shares how their faith influences their work and how their work influences their faith. Each chapter ends with questions for reflection.
Labor Law
419. Massaro, Thomas J. and Thomas A. Shannon, editors, American Catholic Social Teaching (Collegeville, Minn.: Liturgical Press, 2002).    WorldCat      [WCat]
Volume I of this book is a selection of significant social documents (in CD Rom format) written by U.S. Catholic bishops throughout U.S. history.  Volume II is a selection of essays that address the various issues raised in the documents, such as racism, war and peace, mass media, and the environment. Four of the documents were written prior to 1900; the remaining were written in the 20th century.  The book focuses on Catholic social teaching at the local level, but also discusses the history of Catholic social teaching and the role of the laity in the application of social teaching.
Catholic Social Teachings
420. McKenna, Kevin E., A Concise Guide to Catholic Social Teaching (Notre Dame, Ind.: Ave Maria Press, 2002).    WorldCat      [WCat]
McKenna discusses the meaning and foundations of Catholic social thought and suggests methods of presenting major papal teachings in a pastoral setting. He explores how a parish can use encyclicals in the Christian formation process to instruct in principles of human dignity, respect for life, and economic justice. McKenna examines how the Second Vatican Council encourages parishes to use papal documents to expand Catholic consciousness and enrich parish life. The author includes an appendix of lessons for continuing education and retreats, as well as a glossary of terms.
Catholic Social Teachings
421. Migliazzo, Arlin C., editor, Teaching as an Act of Faith: Theory and Practice in Church-related Higher Education (New York: Fordham University Press, 2002).    WorldCat      [WCat]
This work, a collection of fourteen essays by contributors of different Christian faiths, is intended to examine the relationship between Christian faith and higher education. These essays, organized into four sections: social sciences, natural sciences, fine arts and humanities, provide the reader with a variety of teaching strategies for relating faith and teaching. Also included is an extensive bibliography on Christianity and higher education and a list of Ecumenical Christian Professional Associations.
Catholic Dimensions of Legal Education
422. Mone, Jennifer M., Catholic Social Teaching and American Legal Practice: A Practical Response, 30 Fordham Urban Law Journal 299-303 (2002).
Mone explores Dulles’ position that a lawyer's professional life can be enhance by religious beliefs, and how blind support of client greed not only contradicts religious teachings, but does so at the expense of justice. She opposes Dulles’ view by arguing that a lawyer must represent the interests of the client and allow the judge to best decide the interests of all parties based on secular law. Mone explains how lawyers can promote common good in society by forcefully representing a  client’s interest.  She discusses that society benefits when personal beliefs remain in church and legal decisions remain in court.
Catholic Dimensions of Legal Education/ Catholic Social Teachings
423. Peach, Lucinda J., Legislating Morality: Pluralism and Religious Identity in Lawmaking (New York: Oxford University Press, 2002).    WorldCat      [WCat]
This text attempts to explore a variety of resolutions to the dilemma of religious lawmaking proposed by liberal and communitarian theorists.  By examining the work of such scholars as Kent Greenawalt and Michael Perry, the author provides an overview of the ways in which religion has influenced lawmaking at various levels, including the insertion of religion into the daily lives of politicians.  Peach spends the majority of the last few chapters in the book offering her own suggestions as to how to resolve this intriguing dilemma.  First, she offers the theory of the social self in which public officials are required to take into account the attitudes of their constituents, including their religious beliefs.  The author’s second suggestion is the “legal assessment” model, a practical framework for resolving the constitutional problems surrounding religious lawmaking.  This model subjects religious lawmaking to a higher standard of scrutiny in areas such as abortion rights, environmental law, and homosexual conduct.  In concluding the author examines the impact religious lawmaking has on minorities, and how her suggestions may help resolve some of the disparities that exist.
Jurisprudence
424. Rico, Herminio, John Paul II and the Legacy of Dignitatis Humanae (Washington, D.C.: Georgetown University Press, 2002).    WorldCat      [WCat]
Rico’s book attempts a comprehensive analysis of the teaching of John Paul II on religious freedom and the dignity of the human person. The author examines how John Paul II has appropriated, interpreted, and developed the doctrine of Pope Paul VI’s declaration on freedom of religion, Dignitatis Humanae.” The author provides an historical overview and his own interpretation of the declaration. He concludes with his thoughts on “which kind of interpretation ... will be most helpful to the church in [engaging] secular liberal and pluralistic societies."
Jurisprudence/ Civil Rights
425. Rousseau, Richard W., Human Dignity and the Common Good: The Great Papal Social Encyclicals from Leo XIII to John Paul II (Westport, Conn.: Greenwood Press, 2002).    WorldCat      [WCat]
This book , part of the publisher's Contribution to the Study of Religion series, examines the major documents of Catholic social teaching from Leo XIII’s Rerum Novarum to John Paul II’s Sollicitudo Rei Socialis. The book's primary purpose is the provide the text of these documents in a single volume.  As an introduction to the full text of each document, the author provides an outline and a "summary interpretation" of its major features. There is an extensive bibliography of books and articles that discuss the documents included in the volume.
Vatican Documents/ Catholic Social Teachings
426. Scalia, Antonin, God's Justice and Ours, First Things 17-21 (2002).
Remarks given by Justice Scalia at a conference sponsored by the Pew Forum on Religion and Public Life justifying the Death Penalty.  Scalia notes the Church's toughened skepticism toward the death penalty as enunciated by John Paul II in Evangelium Vitae and the new Catechism of the Catholic Church, which states that "as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically nonexistent" - and concludes that it is not binding on him as a Catholic and judge, and that he disagrees with it in good conscience. "That is not to say I favor the death penalty (I am judicially and judiciously neutral on that point); it is only to say that I do not find the death penalty immoral. I am happy to have reached that conclusion, because I like my job, and would rather not resign."  For responses to Scalia's position, see also Avery Cardinal Dulles, S.J. et al., Antonin Scalia and His Critics: An Exchange on the Church, the Courts, and the Death Penalty, First Things, Oct. 2002, at 8, 8-18.
Jurisprudence
427. Scaperlanda, Michael A., Kulturkampf in the Backwaters: Homosexuality and Immigration Law, 11 Widener Journal of Public Law 475-514 (2002).
Scaperlanda provides a brief historical overview of the treatment of homosexuals under U.S. immigration laws and policy. He then explores how gay non-citizens benefit from current laws based on familial relationships. Scaperlanda explores the judicial deficiencies in immigration law relating to treatment of homosexuality and sexual identity generally, and suggests that asylum and refugee laws may potentially undermine the traditional concept of marriage, family and sexuality.
Immigration Law/ Civil Rights
428. Smith, Patricia, Theoretical and Practical Understanding of the Integral Reordering of Canon Law (Lewiston, N.Y.: Edwin Mellen Press, 2002).    WorldCat      [WCat]
Smith’s work, volume 16 in the publisher's Roman Catholic Studies series, analyzes the canonical doctrine of integral reordering, the revocation of an earlier law by a later law’s restructuring of the law’s subject. Chapter 1 deals with the concept of integral reordering in primarily theoretical terms. Chapter 2 focuses on eight principles of integral reordering developed by Smith to indicate if a law has been integrally reordered. Chapter 3 then applies these principles to religious law. Extensive footnotes, as well as a list of sources and a select bibliography, are included in this work.
Jurisprudence
429. Tavis, Lee A., Modern Contract Theory and the Purpose of the Firm, in Rethinking the Purpose of Business: Interdisciplinary Essays from the Catholic Social Tradition 215-236, edited by Cortright, Steven A. and Michael Naughton (Notre Dame, Ind.: University of Notre Dame Press, 2002).    WorldCat  [WCat]
This essay attempts to analyze the “two dominant theories of the firm and their relationship to Catholic social thought.” The shareholder theory places the emphasis on how corporate wealth is translated to shareholder profits, while the stakeholder theory stresses the fairness of contracts between the firm and its constituents.  In analyzing these concepts Tavis relates them to Catholic social thought and the principles of solidarity and subsidiarity, and in so doing he draws upon some of the primary documents of the Church.  The essay is essentially organized into two parts: the first provides an explanation of the shareholder and stakeholder theories, while the second looks at the Catholic social principles and how they relate to the firm as a community.  The issues of the individual in a community as it relates to solidarity, and institutional decision making as it relates to subsidiarity are explored before the author concludes that Catholic social thought provides an important contribution to the practice of management.
Contracts/ Corporations
430. Tropman, John E., The Catholic Ethic and the Spirit of Community (Washington, D.C.: Georgetown University Press, 2002).    WorldCat      [WCat]
In this text Tropman seeks to address the issue of Protestant and Catholic notions of "helping" and "social welfare."  He contrasts the Protestant esteem for individualism, work and wealth with the Catholic social traditions of communal responsibility, social justice and respect for the poor.  Tropman outlines a Catholic ethic that is very distinctive in its outreach to the poor and its emphasis on family and community over economic success.  He concludes by arguing that the Catholic ethic complements the Protestant ethic described by Max Weber and creates a better society than either ethic could on its own.
Catholic Social Teachings
431. United States Conference of Catholic Bishops, When I Call for Help: A Pastoral Response to Domestic Violence Against Women (2002).     http://www.usccb.org/laity/help.shtml
While not intended as a definitive statement on domestic abuse, the Bishops' statement attempts to define the problem, bring Church teaching to bear on it, and to provide practical guidance to Catholics on how they can help both victims and abusers.
Catholic Social Teachings/ Bishops' Statements/Family Law
432. Varacalli, Joseph A., Catholic Social Thought and American Civilization, 103 Homiletic & Pastoral Review 11-19 (2002).
In this short piece Varacalli outlines his thoughts on why American civilization is "on the ropes," and why it has failed to embrace Catholic social thought. He begins by describing what he calls America's "culture of death:" the abandonment of Judeo-Christian beliefs in favor of a more secular, morally dysfunctional culture that isolates the leaders and the bureaucracy from the citizenry.  In the second part of the article, the author provides an overview of the mission of Catholic social thought.  In this section he describes how the Catholic commitment to both the social reconstruction of society and the salvation of one's soul are not in conflict with one another. Catholicism, he maintains, has the potential to benefit American culture through its interpretation of natural law and its application of social doctrine. Through a short historical survey of the Church in the United States Varacalli describes why Catholic social thought has failed to gain acceptance in this country's culture. He concludes by offering some hope for a greater acceptance of the Church's teachings due to the ascendancy of the Catholic restorationist movement.
Catholic Social Teachings
433. Wagner, William J., Ethics, Faith and Catholic Lawyers, 25 Legal Times 42-3 (2002).
Wagner addresses the legal and moral issues surrounding a Catholic attorney's representation of parties in divorce and involvement on various levels in death penalty cases. With regard to divorce Wagner emphasizes that the attorney must respect the marital bond and seek fairness in the disposition of marital assets and provision for children. Wagner views this moral dimension as consistent with the requirements of the Model Rules of Professional Responsibility, though he emphasizes that the attorney must disclose to the client any personal moral limitations that may effect the "client's access to otherwise-available legal remedies." Wagner sees similar tensions in death penalty cases. He examines the implications of the Catholic view on the death penalty on judges, prosecutors, legislators and prospective jurors.
CUA Law Faculty/ Family Law/ Criminal Law and Procedure/ Professional Responsibility
434. Weigel, George, Just War Tradition and the World After September 11, 51 Catholic University Law Review 689-714 (2002).
This article originated as a lecture given at The Catholic University of America's Columbus School of Law in March 2002.  Weigel discusses the classic Catholic just war tradition, noting that it has been the means for addressing questions of statecraft, war, and peace for 1500 years.  Weigel believes that this classic tradition has been abandoned in the last twenty-five years, replaced by “a species of functional or de facto pacifism.” Weigel argues that the Catholic Church can contribute to the war on terrorism only by reclaiming and teaching the principles of the classic just war tradition, thereby providing the basis for an all-inclusive and moral approach to world politics.
International Law
435. Witte, John, Jr., Law and Protestantism: The Legal Teachings of the Lutheran Reformation (New York: Cambridge University Press, 2002).    WorldCat      [WCat]
The Lutheran Reformation of the early sixteenth century brought about immense and far-reaching change in the structures of church and state, and in religious and secular ideas. This book investigates the relationship between the law and religious ideology in Luther's Germany, showing how they developed in response to the momentum of Lutheran teachings and influence. John Witte, Jr. argues that it is not enough to understand the Reformation in either only theological or legal terms but that a perspective is required which takes proper account of both.
Jurisprudence
436. Wolfteich, Claire E., Navigating New Terrain: Work and Women's Spiritual Lives (New York: Paulist Press, 2002).    WorldCat      [WCat]
Wolftiech's book examines two questions:  what are the spiritual and theological issues raised by women’s changing work roles and what resources are available to address these issues?  The author approaches the topic from a sociological, historical and theological perspective and considers the views of a widely diverse group of women. A bibliography is provided.
Labor Law
437. Cafardi, Nicholas P., Catholic Law Schools and Ex Cordae Ecclesiae, Or What Makes a Law School Catholic?, 33 University of Toledo Law Review 7-17 (2001-2002).
Cafardi both poses and answers the question of "what does it mean to be a Catholic law school in the United States today?"  He analyzes the developments following the 1983 Code of Canon Law and the extent that Catholic rules and laws bind Catholic universities.  He  supplies examples of how law schools can abide by the rules of the Church.  He concludes by arguing that, while not easy, it is essential for a Catholic law school not just to identify with the Catholic Church, but also adhere to Catholic law.
Catholic Dimensions of Legal Education
438. Abela, Andrew V., Profit and More: Catholic Social Teaching and the Purpose of the Firm, 31 Journal of Business Ethics 107-116 (2001).
The empirical findings in Collins and Porras' study of visionary companies, Built to Last, and the normative claims about the purpose of the business firm in Centesimus Annus are found to be complementary in understanding the purpose of the business firm. A summary of the methodology and findings of Built to Last and a short overview of Catholic Social Teaching are provided. It is shown that Centesimus Annus' claim that the purpose of the firm is broader than just profit is consistent with Collins and Porras empirical finding that firms which set a broader objective tend to be more successful than those which pursue only the maximization of profits. It is noted however that a related finding in Collins and Porras, namely that the content of the firm's objective is not as important as internalizing some objective beyond just profit maximization, can lead to ethical myopia. Two examples are provided of this: the Walt Disney Company and Philip Morris. Centesimus Annus offers a way to expose such myopia, by providing guidance as to what the purpose of the firm is, and therefore as to what kinds of objectives are appropriate to the firm.
Corporations/ Catholic Social Teachings
439. Alexander, F. King and Klinton W. Alexander, The Reassertion of Church Doctrine in American Higher Education: The Legal and Fiscal Implications of the Ex Corde Ecclesiae for Catholic Colleges and Universities in the United States., 29 Journal of Law and Education 149-173 (2001).
The authors examine the recent history of Catholic higher education and the potential implications Ex Corde Ecclesiae, the 1990 papal directive that sought to increase the "Catholic identity" of Catholic colleges and universities. They explore the legal issues that may be affected by the document, including free speech issues, hiring of faculty, and federal aid to Catholic institutions and their students. The authors express concern that an overly-aggressive implementation of Ex Corde Ecclesiae may open up new  Church-state legal challenges.
Catholic Dimensions of Legal Education
440. Alford, Helen J. and Michael Naughton, Managing as If Faith Mattered: Christian Social Principles in the Modern Organization (Notre Dame, Ind.: University of Notre Dame Press, 2001).    WorldCat      [WCat]
Managing As If Faith Mattered, the first volume of the publisher's Catholic Social Tradition Series, focuses on how Catholic social teaching can influence people and organizations in every day life.  It also provides specific guidelines on how Catholic social teaching can be integrated on the personal and corporate level.  The authors question why Judeo-Christian ideals have been removed from the corporate world, and give suggestions on how people can reintegrate Church teachings into their personal and professional lives.  Specifically, Part One explains how Catholic social teachings apply to management theory.  Part Two examines how Church social doctrine plays an integral role in business topics such as human resources, finance and marketing.  Part Three concludes the volume with how people can incorporate spirituality into modern day life on a daily basis.
Corporations/ Labor Law
441. Allegretti, Joseph G., Can Legal Ethics Be Christian?, in Christian Perspectives on Legal Thought 453-469, edited by Michael McConnell, Robert F. Cochran, Jr. & Angela C. Carmella (New Haven: Yale University Press, 2001).    WorldCat  [WCat]
Professor Allegretti answer to the question--can legal ethics be Christian?-- comes in three parts.  In the first part, Allegretti reflects on whether there is a role for religion in the substantive area of legal ethics or professional responsibility.  Assuming that there is a role for religion in legal ethics, Allegretti shifts his focus in the second part of his article to the contribution that Christianity can make in this area. The article ends with a summary of his own conclusions on the matter.  Allegretti indeed believes that legal ethics can be Christian.  In fact, he states that the most important thing he can do for law students is "not to teach them the law of lawyering, or to teach them anything at all, but to model for them the kind of person and lawyer that I am called to be as a disciple of Jesus."
Professional Responsibility
442. Angosino, Michael V., Catholic Social Policy and U. S. Health Care Reform: A Relationship Revisited, 15 Medical Anthropology Quarterly 312 (2001).
The Roman Catholic Church is the single largest denomination in the United States and the one with the most extensive provider stake in health (and related social service) care. As a follow-up to an earlier analysis of the Catholic role in the thwarted health care reform effort of 1993-94, this article looks at the revival of interest in reform and at the rationale behind and strategy of the Catholic Church's current agenda-setting initiative. The emphasis in this article is on the delicate relationship between organized religion and social policy in a society with an officially secular culture.
Health Law
443. Barbieri, William A., Jr., Beyond the Nations: The Expansion of the Common Good in Catholic Social Thought, 63 Review of Politics 723-754 (2001).
Barbieri explores the concept of expanding the notion of the common good-- actions benefitting society as a whole-- from one advanced by the nation state to one advanced by Catholic social thought.  In so doing, the author highlights the works of Jacques Maritain, Johannes Messner, and John Courtney Murray. He views these three as examples of how Catholic thought evolved during the 20th Century, and how it became primed to tackle the issue of the political common good.  Barbieri then turns his attention to papal teachings on the subject, and provides an overview of how the encyclicals developed a supranational concept of the common good.  In the second half of the article, the author addresses the problems and prospects associated with implementing this Catholic concept.  This requires the author to explore the scope and organization of the concept on a theoretical basis, and then describe in concrete terms how the Catholic Church would apply the common good to communities.
International Law
444. Barrera, Albino, Modern Catholic Social Documents and Political Economy (Washington, D.C.: Georgetown University Press, 2001).    WorldCat      [WCat]
The author examines modern Catholic social teachings on the topic of political economy.  The book is divided into five parts. The first provides an historical context by discussing the economic dimensions of social questions addressed in the Twentieth Century.  Part two highlights differences between the principal Catholic social documents and the economic ethics of scholasticism.  In part three Barrera offers contrasts between the economic thought of modern social documents in the Catholic Church and normative economics.  The fourth part of the book focuses on the future and draws from principles imbedded in the church’s social documents.  The final part concludes with a “conceptual synthesis of the modern social documents’ norms.”
Catholic Social Teachings
445. Bassett, William W., Private Religious Hospitals: Limitations Upon Autonomous Moral Choices in Reproductive Medicine, 17 Journal of Contemporary Health Law and Policy 455-583 (2001).
Because of the loss of patient autonomy in coping with highly technologized medical systems, Bassett argues that the federal and state legislation that provides statutory rights to private, religiously affiliated hospitals to refuse patient requests for health care services must now be reconsidered, especially where those services are legally permissible, medically indicated and reasonably expected by insurance purchasers. This is particularly important in the area of reproductive medicine, where the ethical exemptions protecting private religious hospitals are virtually unlimited.   Bassett contends that in the balanceof hospital exemptions and diminished patient rights, institutional privileges cannot remain absolute.
Family Law
446. Bellacosa, Joseph W., Ex Corde Ecclesiae: Reflections, Perspectives and Proposal, Catholic Lawyer 313-322 (2001).
Bellacosa, then the dean of St. John's law school,  seeks to evaluate how to balance the preservation of Catholic beliefs and academic freedom in Catholic higher education. He examines the role Ex Corde Ecclesiae (Pope John Paul II's Apostolic Constitution) plays in the preservation of a distinct Catholic identity. Bellacosa notes that Catholic institutions endorse vital ecumenism and respectful tolerance of diversity while striving to preserve specific societal and spiritual values as a counter-cultural voice in a materialistic and secular world.  Bellacosa explains how Catholic virtues of simplicity and humility are compatible with the intellectual pursuits of a higher education and are, in fact, woven into the very fabric of Ex Corde Ecclesiae.
Catholic Dimensions of Legal Education
447. Berrigan, Helen, Legal Ethics & Religion: An Oxymoron, 13 Saint Thomas Law Review 609-617 (2001).
This article originated as a CLE lecture.  Berrigan examines the potential conflicts that may arise between various religious beliefs and the ABA Code of Conduct, and the challenges facing religious lawyers.  Berrigan discusses the merits of including religion in the code of conduct and explores the possibility of finding common ground between various religions, the non-religious lawyer, and the code of conduct.  Berrigan concludes by discussing several themes common to many religions and how they might enhance legal ethics.
Professional Responsibility
448. Boswell, Jonathan., Francis P. McHugh, Francis P. and Johan Verstraeten, editors, Catholic Social Thought: Twilight or Renaissance? (Bibliotheca Ephemeridum Theologicarum Lovaniensium) (Leuven, Belguim: University Press, 2001).    WorldCat      [WCat]
Written by eighteen Catholic intellectuals (mostly European), these essays explore traditional and contemporary approaches to a range of issues, including public policy, social ethics, political philosophy, economics, history and sociology.  The authors compare traditional Catholic social thought to contemporary Catholic “non-social”  theories. They discuss how the teachings and concepts from varying regions and cultures have effected change in the traditional approach to social problems worldwide. They provide alternative resolutions to modern political, economic and social problems.
Catholic Social Teachings
449. Boxx, T. William, Catholic Moral Teachings: Subsidiarity, in Building a Healthy Culture: Strategies for an American Renaissance 260-79, edited by Eberly, Don E. (Grand Rapids, Mich.: W.B. Eerdmans Pub. Co., 2001).    WorldCat  [WCat]
Boxx argues that social order comprises the collective sense of the norms and values of the people.  These are themselves rooted in the interaction of beliefs and practices of society, and at the heart of this is morality.  The author describes how the Catholic teachings of "subsidiarity" could be applied to help restore the connection between morality and social order.  He concludes by stating that empowerment, liberty and individual responsibility are cornerstones of social governance.
Catholic Social Teachings
450. Breen, John M., The Catholic Lawyer and the Meaning of 'Success', 40 Catholic Lawyer 227-37 (2001).
Breen discusses the common definition of success in American society versus success as defined by Christian faith.  How does a Catholic lawyer strike a balance between these two definitions of success?  Breen states that while lawyers have a vocation to serve others through the practice of law, Catholic lawyers have a "vocation to serve others in love in the imitation of Christ."  Responding to the Catholic vocation, Breen argues, will result in true success for the Catholic lawyer.
Professional Responsibility
451. Carmella, Angela C., A Catholic View of Law and Justice, in Christian Perspectives on Legal Thought 255-76, edited by Michael McConnell, Robert F. Cochran, Jr. & Angela C. Carmella (New Haven: Yale University Press, 2001).    WorldCat  [WCat]
Beginning with an overview of the theological basis for Catholic social thought, Carmella explains the role of the person, society and the state in Catholic teaching.  The second half of the article focuses on Catholic jurisprudence and the meaning of "justice" in Catholic social thought.  The author concludes by contrasting the Catholic view of justice with the natural law view of justice. The article focuses on the Catholic view of property in the section entitled "A Catholic Anthropology" (especially pp. 264-5).
Property/Jurisprudence/Catholic Social Teachings
452. Celichowski, John, Bring Penance Back to the Penitentiary: Using the Sacrament of Reconciliation as a Model for Restoring Rehabilitation in the Criminal Justice System, 40 Catholic Lawyer 239-70 (2001).
Of the four "traditional justifications for punishment" (deterrence, incapacitation, rehabilitation and retribution) Celichowski argues that rehabilitation should be made a priority.  The author demonstrates how the Sacrament of Penance may be used as a model to rehabilitate prisoners, while satisfying the other justifications more humanely.
Criminal Law and Procedure
453. Cimino, Carol, Regina Haney and Joseph O'Keefe, editors, Integrating the Social Teaching of the Church into Catholic schools: Conversations in Excellence 2000 (Washington, D.C.: National Catholic Educational Association, 2001).    WorldCat      [WCat]
This publicaton by SPICE--Selected Programs for Improving Catholic Education--is an outgrowth of the organization's 2000 meeting that was sponsored by the National Catholic Educational Association and the Lynch School of Education at Boston College. Its primary focus is how Catholic social teaching should be implemented in the parochial school system.  Of particular interest are Chapter Two that describes model programs and  Chapter Six that focuses on Catholic social teaching from the African American point of view.
Catholic Social Teachings
454. Cochran, Robert F., Jr., Tort Law and Intermediate Communities: Calvinist and Catholic Insights, in Christian Perspectives on Legal Thought 486-504, edited by Michael McConnell, Robert F. Cochran, Jr. & Angela C. Carmella (New Haven: Yale University Press, 2001).    WorldCat  [WCat]
Drawing from the theories of Calvin and Catholic social thought, Cochran proposes an "intermediate communitarian" theory of tort law.  In contrast with traditional, individualist theories of tort law, Cochran argues that tort rules also protect and apply to intermediate communities such as the family, the congregation, and similar associations.
Torts
455. Cortright, Steven A., editor, Labor, Solidarity, and the Common Good: Essays on the Ethical Foundations of Management (Durham, N.C.: Carolina Academic Press, 2001).    WorldCat      [WCat]
The papers in this book were originally presented at a conference in January 1997 at Saint Mary’s College of California.  There are five essays, each accompanied by a response that analyzes the content of the essay.  Essays include discussions of the value of work from ancient and modern viewpoints, the absence of a balanced appraisal of work, an examination of contractual justice and the current trends in the courts’ decision-making, and an analysis of just wages from a Catholic social teaching perspective.  Select indexes of names, sources, and topics are included.
Labor Law
456. Coughlin, John J., O.F.M., Catholic Health Care and the Diocesan Bishop, 40 Catholic Lawyer 85-95 (2001).
Coughlin examines how the impact of the dominance of health maintenance organizations (HMO)'s is affecting the ability of Catholic health care institutions to fulfill their mission. HMO's practices designed to contain costs can often have the effect of forcing care- givers to reduce services offered. Catholic hospitals have always had as primary missions the provision of care for the poor and forgotten of society, as well as upholding of a consistent ethic of life. Catholic hospitals have consistently refused to permit the killing of the unborn as well as physician-assisted suicide of the elderly and terminally ill.  As a result of the growing role of HMO's, Catholic leaders now worry that these missions of Catholic hospitals may become compromised.  In this context, Coughlin examines the role of Catholic bishops in preserving these missions, and in upholding Catholic teachings in health care ethics.
Health Law
457. Coughlin, John J., O.F.M., The Practical Impact of the Common Good in Catholic Social Thought, 75 St. John's Law Review 293- 295 (2001).
In this short introduction to a panel discussion on the common good, Coughlin asks the panelists to consider whether the idea of the common good, as discussed in Catholic social teaching, has any practical impact.  Coughlin offers a very brief account of what he believes was a “practical consequence” of Catholic social teaching:  the fall of Soviet Communism.  Coughlin notes that respect for the common good, a core principle of Catholic social teaching, leads to conditions which enable humans to grow individually and in unity with others.
Catholic Social Teachings
458. Curran, Charles E., George Higgins and Catholic Social Teachings, 19 U. S. Catholic Historian 59-72 (2001).
In this article Curran takes a biographical approach to the life and writings of George Higgins. The author describes Higgins' contributions to Catholic social teaching by focusing on essential Church documents and how they have been interpreted and applied by Higgins during his long career. In the process of recognizing Higgins' contributions, a number of subjects are addressed: Catholic social teaching on the role of the state, the principles of subsidiarity and socialization, interracial justice, and the Catholic pro-life movement.  In concluding, the author emphasizes the contributions of Higgins in the context of the social mission of the Church.
Catholic Social Teachings
459. Curran, Charles E. and Leslie Griffin, editors, The Catholic Church, Morality, and Politics (New York: Paulist Press, 2001).    WorldCat      [WCat]
This book, a compilation of previously published articles and chapters, "addresses the role of the Catholic Church as a public actor with regard to law and public policy in the United States." Part I discusses the use and misuse of work of theologian John Courtney Murray; Part II explores the Church’s role in public life in the United States; Part III discusses the role of the United States Catholic Bishops. The final part discusses specific issues, such as abortion and gay rights, from a Catholic perspective.
Catholic Social Teachings
460. Denzinger, Heinrich and Roy J. Deferrari, The Sources of Catholic Dogma (Enchiridion symbolorum) (Fitzwilliam, NH: Loreto Publications, 2001).    WorldCat      [WCat]
The Sources of Catholic Dogma is translated into English by Roy J. Deferrari from the thirtieth edition of Heinrich Denzinger's Enchiridion Symbolorum, one of the best known regularly updated collections of Church magisterial teachings in the pre-conciliar era, organized chronologically and indexed by subject area.  While it does not include teachings from the Second Vatican Council or popes from that time onward, it is an indispensable reference for Church teachings up until 1957.
Catholic Social Teachings/ Reference Sources/ Vatican Documents/ Papal Teaching Documents
461. Dias, Noel, Roman Catholic Church and International Law, 13 Sri Lanka Journal of International Law 107-135 (2001).
Dias discusses and explains the unique identities of the Roman Catholic Church, the Holy See, and Vatican City and how they function as a single entity. His focus is how the Church has addressed the question of international human rights.  Dias explores the relationship between the Church and the Holy See, the international presence of the Holy See, and the “international personality” of Vatican City.  Dias then discusses the Church and human rights, providing a brief history of the Church’s involvement in human rights issues before focusing on human rights in the post-Vatican II era.  Dias concludes that while the Church has achieved a great deal in its history, but has “sinned” and must work to remain aligned with the teachings of Jesus Christ.
International Law
462. Dulles, Cardinal Avery, Catholicism and Capital Punishment, First Things 30-35 (2001).
Dulles traces the history of the Catholic Church's position capital punishment,attempting to reconcile the Church's long-standing endorsement of civil authorities' right to resort to the death penalty with recent statements by Pope John Paul II and U.S. bishops which seem to argue for an effective end to use of the death penalty.   Dulles notes that the Catholic magisterium "does not, and never has, advocated unqualified abolition of the death penalty," and that the USCCB acknowledge that Catholic teaching accepts this principle. Instead, the Church has adopted a position that maintains this principle while holding that in contemporary society ought not to be invoked because "on balance, it does more harm than good."  Dulles concludes with ten theses summarizing the Church's doctrine on capital punishment.
Criminal Law and Procedure
463. Eberly, Don E., editor, Building a Healthy Culture: Strategies for an American Renaissance (Grand Rapids, Mich.: W.B. Eerdmans Pub. Co., 2001).    WorldCat      [WCat]
In this collection of essays the editor has brought together a number of authors who argue that much of the moral and social breakdown in American has been fueled by cultural influences.  Popular culture and "defective elites" from numerous professions and fields are identified as the major culprits.  Throughout the book the authors challenge society to consider more seriously the role of culture.  Beginning with a description of the societal ramifications of cultural decay, the authors then provide historical models for cultural transformation, and conclude with proposed strategies for cultural renewal.
Catholic Social Teachings
464. Fitzgerald, John J., Today's Catholic Law Schools in Theory and Practice: Are We Preserving Our Indentity?, 15 Notre Dame Journal of Law, Ethics and Public Policy 245-306 (2001).
Fitzgerald contends that Catholic law schools that train future lawyers have a fundamental responsibility to take up Christ's call so that they may in turn inculcate a sense of Christian mission in their students.  One school that professes to have taken up this call is Ave Maria School of Law, which opened in 2000.  The debate over Ave Maria has raised some interesting questions about the nature of Catholic legal education in an attempt to answer the question of what exactly makes a law school distinctively Catholic.  At the end of Part I, Fitzgerald addresses the question of whether a law school with  distinctively Catholic features is a good thing for students, for the legal community, and for the general public.  Finally, Fitzgerald examines the existing twenty eight Catholic law schools in the U.S. and analyzes the extent to which they have preserved a distinctively Catholic identity.
Catholic Dimensions of Legal Education
465. Fitzgibbon, Scott, 'True Human Community': Catholic Social Thought, Aristotelean Ethics, and the Moral Order of the Business Community, 45 St. Louis University Law Journal 1243-1279 (2001).
Drawing from Catholic social teachings and the works of Aristotle the author describes two types of morally commendable business organizations.  For a "true human company" to exist, as posited by the encyclicals, Fitzgibbon argues that the company should be bonded through either "affiliations of unity," or "political friendship."  He concludes by warning others to stay away from companies based on "illusory" or "insufficient" goods.
Contracts/ Corporations
466. Fort, Timothy L, Ethics and Governance: Business as Mediating Institution (New York: Oxford University Press, 2001).    WorldCat      [WCat]
Fort discusses the role of business in ethics and government.  Chapters include: Pt. I Business as Mediating Institution: Some Catholic Notions; Natural Law and Laws of Nature; Nature and Self-Interest; The Velvet Corporation. Pt. II Business as Mediating Institution and Other leading Business Ethics Frameworks; Stakeholder Theory; Social Contracting; Business as Community. Pt. III Theology and Business: Theological Naturalism; The Dark Side of Religion in the Workplace and Some Suggestions for Brightening; Bright Dots, Dot Coms, and Camelot?  In Chapter Two, entitled "Some Catholic Notions," the author argues that "compassion and empathy are Catholic principles" and explains "how Catholic social thought has emphasized the importance of mediating institutions to develop the responsible exercise of these principles."
Contracts/Corporations
467. Garnett, Richard W., A Quiet Faith? Taxes, Politics, and the Privitization of Religion, 42 Boston College Law Review 771-802 (2001).
Garnett’s article examines ways that the government’s tax-exempt programs can assert control of a religious organization’s political expressions and activities. He explains how in their endeavor to obtain tax-exempt status, religious organizations may reshape their policies and practices to better suit the government. Further, he examines the dichotomy created by the government between a religious organization's "private" and "public" spheres and the tension created between the political rights of the organization and its religious mission.
Constitutional Law/Taxation
468. Garvey, George E., A Catholic Social Teaching Critique of Law and Economics, in Christian Perspectives on Legal Thought 224-241, edited by Michael McConnell, Robert F. Cochran, Jr. & Angela C. Carmella (New Haven: Yale University Press, 2001).    WorldCat  [WCat]
Garvey seeks to critique theories of law and economics from the perspective of Catholic social teachings.  He provides individual overviews of the development of law and economic theories and the structure of Catholic social teaching.  He concludes by acknowledging the compatibility of the two movements, particularly with respect to the Chicago School economists.  While recognizing the differences, the author’s focus is on highlighting the similarities between law and economics and the Catholic tradition.
Property/Catholic Social Teachings/Corporations
469. George, Robert P., The Clash of Orthodoxies: Law. Religion, and Morality in Crisis (Wilmington, Delaware: ISI Books, 2001).    WorldCat      [WCat]
Robert George applies primarily new natural law thinking to a range of policy questions in order to question the "secular orthodoxy" that prevails in the public square.  Primary expositors of such orthodoxy include, in differing ways, Robert Nozick,  John Rawls, and Peter Singer.   George's critique also extends to statements made by the U.S. Conference of Catholic Bishops and its staff, particularly under the leadership of Cardinal Joseph Bernardin.
Constitutional Law/ Jurisprudence
470. Himes, Kenneth R., Responses to 101 Questions on Catholic Social Teaching (New York: Paulist Press, 2001).    WorldCat      [WCat]
Responses to 101 Questions on Catholic Social Teaching is part of the publisher's series of the same name. It provides introductory information about the tradition of Catholic social teaching. Himes divides the responses into seven divisions: General Background, Ecclesiological Issues, Foundational Themes, Political Life, Economic Life, International Life, and Social Life. Each of the divisions contains a wide range of questions to which the author provides brief answers.  Himes provides a short bibliography and a list of the other books series.
Catholic Social Teachings
471. Johnson, Phillip E., Human Nature and Criminal Responsibility: The Biblical View Restored, in Christian Perspectives on Legal Thought 426-35, edited by Michael McConnell, Robert F. Cochran, Jr. & Angela C. Carmella (New Haven: Yale University Press, 2001).    WorldCat  [WCat]
Johnson’s essay, from a collection that explores different Christian perspectives on legal principles and substantive law, compares human nature and criminal responsibility from a scientific and religious viewpoint. He contracts the secular view that human nature and behavior is due to environmental circumstances and genetics with the biblical view of human nature and the individual’s awareness of his or her moral wrongfulness. The author uses the M’Naghten insanity defense rule as the focus of his discussion.
Criminal Law and Procedure
472. Juarez, Jose R., Jr., Hispanics, Catholicism, and the Legal Academy, in Christian Perspectives on Legal Thought 163-177, edited by Michael McConnell, Robert F. Cochran, Jr. & Angela C. Carmella (New Haven: Yale University Press, 2001).    WorldCat  [WCat]
The author uses this short article to explore the relationship between Catholicism and the Hispanic community, and how religion has played a role in their empowerment.  Juarez takes time to describe his childhood and how religion played an important role in empowering the Chicano community in which he grew up.  He continues with a description of the clinical programs at St.Mary’s Law School, the country’s largest concentration of Chicano law students and faculty. While adhering to Catholic social teachings, these programs were attacked for being either too liberal or too conservative. The author concludes that the church plays an integral part in defining the Hispanic community, and thus religion cannot be excluded from any discussion of Latino critical theory.
Catholic Social Teachings
473. Kaveny, M. Cathleen, Billable Hours in Ordinary Time: A Theological Critic of the Instrumentalization of Time in Professional Life, 33 Loyola University of Chicago Law Review 173-220 (2001).
Kaveny discusses the demands of the billable hour and the distorted view it gives of a lawyer’s time.  Kaveny "explores how Catholic doctrine and ritualized practices can be read to provide both a critique and an alternative" to the traditional view of the billable hour.  In the first part of the article, Kaveny discusses the view of time within the billable hours framework, noting five distinct characteristics.  The second part of the article discusses time as viewed from a Catholic perspective, where time "is perceived to have intrinsic value rather than merely instrumental value."  Kaveny concludes that lawyers must look to their respective faiths for help in dealing with the view of time in the modern law firm.
Professional Responsibility
474. McCauliff, C.M.A., A Historical Perspective on Anglo-American Contract Law, in Christian Perspectives on Legal Thought 470-485, edited by Michael McConnell, Robert F. Cochran, Jr. & Angela C. Carmella (New Haven: Yale University Press, 2001).    WorldCat  [WCat]
McCauliff’s essay discusses the development and history of modern contract law from a natural law perspective using Christian principles. The author discusses the effect the Christian tradition of justice and Jesus’ exhortation to love thy neighbor and to focus on the “community’s good” has had on modern contract law.
Contracts
475. McConnell, Michael, Robert F. Cochran, Jr. & Angela C. Carmella, editors, Christian Perspectives on Legal Thought (New Haven: Yale University Press, 2001).    WorldCat      [WCat]
The editors have gathered together a collection of essays from well-known legal scholars, such as Thomas Shaffer, Stephen Carter, and Elizabeth Mensch.  The essays discuss how Christian ideals intersect with American legal theory. The writers discuss and explore how different Christian faiths--Calvinist, Lutheran, Anabaptist, and Catholic-- interpret law and justice.
Jurisprudence
476. Meilaender, Gilbert, Capital and Other Punishments, First Things 8-10 (2001).
Meilander discusses why it may be appropriate, in Christian moral understanding, for the state to make use of capital punishment.   Meilander emphasizes that in the Christian understanding, capital punishment should be understood as public, not private action, because the punishment is meant to serve the common good, not private revenge or satisfaction.   Meilander contends that Roman Catholic teaching in recent years has "teetered dangerous close" to losing the centrality of this distinction.
Criminal Law and Procedure
477. Miles, Veryl V., Raising Issues of Property, Wealth and Inequality in the Law School: Contracts and Commercial Law School Courses, 34 Indiana Law Review 1365-75 (2001).
This short article explores the experiences of introducing the discussion of the great wealth disparity between whites and African-Americans (particularly with regard to housing and lending practices) into traditional law school courses.  The author guides the reader through the process of applying these issues to contracts and commercial law courses.  Miles concludes that the most significant benefit of raising these issues is the heightened student compassion for the disadvantaged client who is lacking legal awareness.  Miles also suggests that students may wish to commit to pro-bono services once they enter the profession.
Commercial Transactions/ Contracts/ Catholic Dimensions of Legal Education
478. Miller, Michael J., editor, The Encyclicals of John Paul II (Huntington, Ind.: Our Sunday Visitor Inc., 2001).    WorldCat      [WCat]
Miller's book is a compilation of the thirteen encyclical letters written by John Paul II between 1979 and 2001, from Redemptor Hominis to Fides et Ratio. The official Vatican translation for each letter is presented, along with Miller’s description of the historical and theological development of the work.  An introductory chapter explains the origin, history, structure and classification of papal encyclicals, and examines their influence on church life.  The volume concludes with an index by topic and biblical citation.
Papal Teaching Documents/ Reference Sources
479. Nagle, John C., Christianity and Environmental Law, in Christian Perspectives on Legal Thought 435-452, edited by Michael McConnell, Robert F. Cochran, Jr. & Angela C. Carmella (New Haven: Yale University Press, 2001).    WorldCat  [WCat]
This book contains a collection of essays that seek to provide a Christian perspective on several areas of law.  Nagle has written a chapter focusing specifically on the issue of Christianity and environmental law.  He explains that his essay attempts to answer a number of questions.  For instance, Nagel asks: "How would environmental law be different if it were purposely founded on Christian principles?"  He also states that he will "discuss the relation between people and other creatures, the relation between Christian teaching and legal obligations to protect the environment, and the legal consequences of the Christian obligation to care for those most in need."
Environmental Law
480. National Conference of Catholic Bishops. Committee on Doctrine, Ethical and Religious Directives for Catholic Health Care Services (Washington, D.C.: United States Conference of Catholic Bishops, 2001).    WorldCat      [WCat]
2001 revision of the USCCB's Ethical and Religious Directives for Catholic Health Care Services, outlining "theological principles that guide the church's vision of health care, called for all Catholics to share in the healing mission of the church, expressed our full commitment to the health care ministry and offered encouragement to all those who are involved in it." The directives are concerned "primarily with institutionally based Catholic health care services. They address the sponsors, trustees, administrators, chaplains, physicians, health care personnel, and patients or residents of these institutions and services."  Electronic copy available at: http://www.usccb.org/bishops/directives.htm
Bishops' Statements/ Catholic Social Teachings/ Health Law
481. Nemeth, Charles P., Lawyers and Advocates in the Jurisprudence of St. Thomas Aquinas, 40 Catholic Lawyer 271-93 (2001).
Nemeth compares and contrasts the modern lawyer and legal system with the lawyer in the conception of St. Thomas Aquinas. Nemeth focuses on three topics: the lawyer in Thomistic jurisprudence, the lawyer as advocate, and the lawyer's interaction with truth and falsehood.
Professional Responsibility
482. Perez, Antonio F., The Modern Relevance of Legitimate Authority and Right Intention in the Just War Tradition, 51 Catholic University Law Review 15-26 (2001).
Antonio Perez reflects on the lecture by Fr. James Schall, "On the Justice and Prudence of This War," discussing the justness of the just-launched war in response to the Sept. 11, 2001 attacks. Perez praises Schall's lecture as a valuable contribution which helps explain the philosophical roots of the just war tradition, as well as the conceptual framework for understanding the U.S. bishops statement on November 14, 2001.  However, Perez criticizes Schall's lecture for failing to extract from just war tradition principles which could guide the U.S. and allied governments in making decisions in the course of this war. In response, Perez argues that, "without making any definite judgments about the current situation, that our understanding of the just war should pay attention to the questions of legitimate authority and right intention for use of force."
CUA Law Faculty/ International Law
483. Perl, Paul and Jamie S. McClintock, Catholic "Consistent Life Ethic" and Attitudes Toward Capital Punishment and Welfare Reform, 62 Sociology of Religion 275-299 (2001).
Perl and McClintock examine the “consistent life ethic” doctrine, which they assert has failed to find wide acceptance since it combines the “conservative” position against abortion with a “liberal” stance opposing the death penalty and cuts to benefits for welfare mothers.  The authors seek to measure the effect of advocacy by the American Catholic Bishops, challenging assertions of prior researchers that teachings in support of the consistent life ethic have had no impact on public opinion.  With data gathered from the 1996 National Election Studies, they show that those most likely to hold this set of beliefs are Catholics who frequently attend mass.  Reasoning that this is the group with the most exposure to Church teachings, the authors conclude that “advocacy by the Catholic Bishops has successfully influenced the attitudes of some lay Catholics."
Catholic Social Teachings/ Professional Responsibility
484. Perry, Michael, Catholics, the Magisterium, and Moral Controversy: An Argument for Independent Judgment (With Particular Reference to Catholic Law Schools), 26 University of Dayton Law Review 293-325 (2001).
In this article the author explores two distinct and yet related issues: the role of religion in politics, and the implications for a university that identifies itself as Catholic.  Perry argues in the first part of the article that the concept of  "faithful Catholics" is not in conflict with the ideas of a free democracy.  In the second part, he maintains that Catholic law schools help prepare students, regardless of their religious beliefs, for the ethical and moral issues they will confront in their professional life.
Catholic Dimensions of Legal Education
485. Reid, Charles J., Jr., John T. Noonan, Jr.: On the Catholic Conscience and War: Negre v. Larsen, 76 Notre Dame Law Review 881- 959 (2001).
Reid uses this article to take the opportunity to examine Judge Noonan’s contribution to the debate over whether Catholics had a right to object to serving in the Vietnam War based on just war grounds.  The author molds the article along the lines of Noonan’s methodology employed in his seminal works of legal history. The case of Negre v. Larsen is used to highlight the issues of constitutional law and Catholic moral teaching that come into play in this treatment of the rights and wrongs of the Vietnam war.  By focusing on Noonan’s involvement with, and reaction to, the Negre case, Reid provides a clear picture of the scholar’s beliefs in the First Amendment.  He also highlights the failure of the branches of government to adhere to Constitutional principles at times of national security.
International Law/ Constitutional Law
486. Riga, Peter J., The Spirituality of Lawyering, 40 Catholic Lawyer 295-308 (2001).
Referring to a North Carolina Bar Association survey, Riga asserts his belief that lawyer burnout is "directly related to a lack of spirituality and superior meaning in the profession."
Professional Responsibility
487. Riga, Peter J., Capital Punishment: Is the Catholic Church Abolitionist?, 41 Catholic Lawyer 241-254 (2001).
Two recent documents at the highest level of the Catholic Church, Catechism of the Catholic Church (1997 revised edition) and Evangelium Vitae (1995) have brought Catholic thinking on capital punishment into more precise focus.  Riga's article examines and compares these two documents, and ultimately contends that capital punishment, while remaining a theoretical possibility, is in fact practically and morally abolished in the Catholic view.    Riga also examines parallel recent statements by U.S. bishops and new declarations in international and European law against capital punishment, suggestive of the general trend in western society against capital punishment.
Criminal Law and Procedure
488. Russo, Charles J. and David L. Gregory, The Constitutional Vitality of Ex Corde Ecclesiae and a Response to the Alexander's Despair, 30 Journal of Law and Education 307-315 (2001).
Russo and Gregory provide a response to the F. King and Klinton Alexander's essay “The Reassertion of Church Doctrine in American Higher Education: The Legal and Fiscal Implications of the Ex Corde Ecclesiae for Catholic Colleges and Universities in the United States,” 29 J.L. & Educ. 149 (2000). Like the Alexanders’ article, they discuss the impact of the Vatican’s new directive Ex Corde on academic freedom, but reach a much different conclusion. Russo and Gregory’s analysis of recent federal court decisions do not foresee a problem in financial aid to religiously affiliated institutions because of Ex Corde’s call for an enhancement of Catholic identity in its colleges and universities. The authors claim the implementation of Ex Corde will reinvigorate Catholic colleges and universities by supporting America’s fundamental regard for the importance of religion and religious values.
Catholic Dimensions of Legal Education
489. Sargent, Mark A., An Alternative to the Sectarian Vision: The Role of the Dean in an Inclusive Catholic Law School, 33 The University of Toledo Law Review 171-88 (2001).
Sargent discusses the role of the law school dean in the aftermath of Ex Corde Ecclesiae and the subsequent reconsideration of what it means for an educational institution to be "Catholic."  He argues that the realization of a genuinely Catholic identity in today’s law school can be broadly inclusive. However in doing so, he also explores the strengths and weaknesses of the sectarian view of the Catholic law school.  The author concludes by suggesting ways in which Catholic law schools can serve God according to the sectarian model.
Catholic Dimensions of Legal Education
490. Shaffer, Thomas L., Legal Ethics and Jurisprudence from within Religious Congregations, 76 Notre Dame Law Review 961-992 (2001).
Shaffer's essay focuses on the moral and ethical problems that money poses for lawyers, and how lawyers could be a positive influence on those who control the wealth of American society. Shaffer takes as his starting point the thought of Catholic thinker Michael Scanlon, who assumes a community for moral discernment as key for ethical development of its members.  Rules alone are not enough. Shaffer adds to Scanlon's anthropology a more explicit sectarian bias, approaching the question from a Catholic perspective, and how it can inform the lives of Catholic lawyers.
Professional Responsibility
491. Smith, George P., II, Law, Science and Religion in a Changing World Order. (Cambridge, England: School of Divinity, Cambridge University, 2001).    WorldCat    [OclcCat]
Smith's short monograph examines the individual roles of science and religion and their interplay --or "commonality" in the author's words--as they confront contemporary biotechnology.
CUA Law Faculty/ Jurisprudence
492. United States Conference of Catholic Bishops, Statement of U.S. Conference of Catholic Bishops' President on the Execution of Timothy McVeigh by Most Reverend Joseph A. Fiorenza (2001).     http://www.nccbuscc.org/comm/archives/2001/01-104.shtml
This June 11, 2001 statement by Joseph A. Fiorenza, Bishop of Galveston-Houston, and President of the United States Conference of Catholic Bishops, expresses the regret of the Bishops' Conference on the execution of Timothy McVeigh. It restates the Church's opposition to the death penalty because it fosters a culture of violence and is inconsistent with the "profound respect for the inherent value God confers on every human life."
Catholic Social Teachings/ Bishops' Statements/ Criminal Law and Procedure
493. United States Conference of Catholic Bishops, Renewing the Earth: An Invitation to Reflection and Action on Environment in Light of Catholic Social Teaching (Washington, D.C.: Office for Publishing and Promotion Services, United States Catholic Conference, 2001).    WorldCat      [WCat]  http://www.nccbuscc.org/sdwp/ejp/bishopsstatement.shtml
This document presents the U.S. bishops' reflections on current environmental problems. It is also available on the web at http://www.nccbuscc.org/sdwp/ejp/bishopsstatement.shtml
Catholic Social Teachings/ Bishops' Statements/ Environmental Law
494. United States Conference of Catholic Bishops., Global Climate Change: A Plea for Dialogue, Prudence and the Common Good (Washington, D.C.: United States Conference of Catholic Bishops, 2001).    WorldCat      [WCat]  http://www.nccbuscc.org/sdwp/international/globalclimate.shtml
While not adopting any specific treaties or public policy tenets, the Catholic Bishops statement is a call for honest and productive dialogue "about the nature of God's creation and the one human family. It is about protecting both "the human environment" and the natural environment. It is about our human stewardship of God's creation and our responsibility to those who come after us." It is also available on the web at http://www.nccbuscc.org/sdwp/international/globalclimate.shtml
Catholic Social Teachings/ Bishops' Statements/ Environmental Law
495. Vischer, Robert K., Subsidiarity as a Principle of Goverance: Beyond Devolution, 35 Indiana Law Review 103-142 (2001).
Vischer examines the origins of subsidiarity in Catholic social theory and distinguishes it from the increasingly current view conservative portrayal and perspective which alters these fundamental principles, equates them with devolution and enforces a separation from government influence in order to fulfill political objectives. He presents his argument in four parts.  The provides an overview of the influence of subsidiarity on the role of government.  Part two examines the Catholic origins of the theory and its transcendence beyond the current conservative interpretation. Part three illustrates the real world impact of this theory through examples such as the European Union. Finally, part four stresses the limitations of subsidiarity and the need for an active role of the federal government in implementing its goals. The author concludes that subsidiarity is a concept that is larger than its political implications and should be utilized to its full potential based on its original meaning rather than its current conservative interpretation.
Catholic Social Teachings
496. Witte, John, Jr., God's Joust, God's Justice: An Illustration from the History of Marriage Law, in Christian Perspectives on Legal Thought 406-425, edited by Michael McConnell, Robert F. Cochran, Jr. & Angela C. Carmella (New Haven: Yale University Press, 2001).    WorldCat  [WCat]
Witte’s essay discusses the history of marriage in western culture from early Christianity to the modern privatization of marriage and the new covenant marriage in the United States today. The author discusses marriage from four different perspectives: spiritual, social, contractual, and naturalist. The article includes discussions of the developments in both Catholic and Protestant views.
Family Law
497. Witte, John, Jr., The Goods and Goals of Marriage, 76 Notre Dame Law Review 1019 (2001).
New research has demonstrated that marriage is a good institution. It is healthier to be married or remarried than to be single, widowed, or divorced. Two parents raising a child is better than one, and marital cohabitation is better than non-marital cohabitation. This is general data that does not teach us about specifics. In this article, Witte attempts to compare new social science data with some of the traditional Western legal and theological formulation of the goods and goals of marriage and to explore the roles of law in defining and defending these marital goods and goals. Witte traces the development of marriage from Roman law through the Papal Revolution to Protestant conceptions in the Reformation, and continued development of the Catholic understanding in the wake of the Second Vatican Council. Witte concludes that current social science and law can learn from these traditions to appreciate the value to society of strong, stable marriages. (Abstract excerpted in whole or part from the Social Science Research Network)
Family Law
498. Wolfteich, Claire E., American Catholics Through the Twentieth Century: Spirituality, Lay Experience, and Public Life (New York: Crossroad Pub. Co., 2001).    WorldCat      [WCat]
Wolfteich's book chronicles the development of Catholic lay spirituality in Twentieth Century America. Her first chapter delves into developments before the Second Vatican Council and includes discussions of movements within the Church as divergent as the Catholic Worker and Opus Dei.  Chapter Two focus on Vatican II and it aftermath and addresses the contributions of John Courtney Murray and Teilhard de Chardin and the emergence of the civil rights movement.  Chapter Four is of particular interest because of its examination of public and private faithfulness to Catholic principles in a pluralistic and secular society.  A bibliography is included.
Catholic Social Teachings
499. Worland, Stephen T., Just Wages, First Things 14-17 (2001).
In 2001, the National Conference of Catholic Bishops (NCCB) issued a statement, Faithful Citizenship, calling for "policies that increase the minimum wage so that it becomes a living wage."  Worland argues that this position reflects the Marxist theory of surplus value and as such, is at risk for engendering dangerous class animosities.   Further, this position does not, Worland argues, reflect the understanding of just wages developed by Popes Leo XIII and Pius XI.  In Pius XI's view, delineated in his encyclical Quadragesimo Anno (1931), just wages reflect accumulated experience of the community that provides guidance for individual conduct, whereas codification, legislative enactment and formal procedures are secondary and derivative.
Labor Law
500. Younger, Stephen P., Spirituality and Lawyering: A Practitioner's Approach, 28 Fordham Urban Law Journal 1069-71 (2001).
This very short piece explores three issues: how a higher calling can provide more job satisfaction for attorneys (e.g. pro bono work); how our faith can assist when confronted with an ethics problem; and that attorneys should be more than just litigators, they should be problem solvers.  The author concludes by stating the spiritual values provide guidance for creating better lawyers.
Professional Responsibility
501. Zacharias, Fred C., The Lawyer as Conscientious Objector, 54 Rutgers Law Review 191-219 (2001).
Zacharias examines the case law governing conscientious objection, comparing it to other conflicts that often arise between religious beliefs and legal ethics.  Zacharias discusses various means of reconciling these conflicts, focusing on the extent to which professional responsibility rules should override a lawyer’s religious beliefs.  Zacharias also examines when it might be appropriate for a lawyer not to comply with professional responsibility rules, and what steps a lawyer should take when not complying.
Professional Responsibility
502. Coughlin, John J., O.F.M., Comparison of the Administrative Law of the Catholic Church and the United States, 34 Loyola University of Los Angeles Law Review 81-196 (2000-2001).
In this article, Coughlin explores the similarities and differences between American and Roman Catholic administrative law. While both seek to balance the common good against individual rights, these two bodies of law have very different philosophies about the relationship between individuals and the organization. American administrative law focuses on protecting individual autonomy from excessive government power, whereas administrative canon law sees each individual as a member of a holy community, the Body of Christ. Coughlin analyses how these philosophies result in procedural differences.
Administrative Law
503. Allegretti, Joseph G., Loving Your Job, Finding Your Passion: Work and the Spiritual Life (New York: Paulist Press, 2000).    WorldCat      [WCat]
Loving Your Job is a primer on how to find spirituality in the work place.  In Part I, the author looks at the various ways to think about work, examines the notion of work as a “calling” and addresses the perennial problem of balancing work and home.  Part II offers some concrete ways to help us find spirituality in work.  Exercises and questions are included at the end of each chapter. A bibliography is included.
Labor Law
504. Araujo, Robert, S.J., Realizing a Mission: Teaching Justice as "Right Relationship", 74 St. John's Law Review 591-608 (2000).
Justice is a communal virtue, not limited to individuals, according to Araujo, and should reflect a ‘right relationship’ between parties. Catholicism calls for justice between man and man and between man and God. Araujo insists that Catholic teachers of law should impress upon their students that the justice of God is an acknowledgement of what each individual is due and is more than a concept of fairness before the law. According to Araujo, it is difficult for Catholic teachers of law to hold true to a Catholic concept of justice, but he maintains that it is more important than ever.
Jurisprudence
505. Araujo, Robert, S.J., Justice as Right Relationship: A Philosophical and Theological Reflection on Affirmative Action, 27 Pepperdine Law Review 377-476 (2000).
The purpose of this essay is to come to grips with the term justice and to establish a better understanding of this important expression that penetrates much of legal, political, and human history. Throughout life, most of us participate in the search for justice. It is something to which we believe we are entitled because we are individuals who exist in community with other human beings. Each of us relies on others to do some things, and to refrain from doing others. In order to regulate these relationships, we establish publicly recognized rules identified as laws.  It is through these laws that many seek what they believe is just. But, is there any association between these laws, their application and the expected ends or results we deem to be just? These questions are at the heart of the following investigation that will examine the correlation between the law and justice. Indeed, it has been suggested by others that the law and what is legal does not necessarily coincide with justice in spite of the inscription over the main portal of the United States Supreme Court—“Equal justice under law.” (Abstract from article)
Labor Law
506. Beal, John P., James A. Coriden and Thomas J. Green, editors, New Commentary on the Code of Canon Law (New York: Paulist Press, 2000).    WorldCat      [WCat]
Commissioned by the Canon Law Society of America, the New Commentary is a comprehensive, single- volume explanation of the Code of Canon Law. An earlier commentary--Code of Canon Law: A Text and Commentary--was published by the Society in 1985.
Reference Sources
507. Berg, Thomas C., Religious Conservatives and the Death Penalty, 9 William and Mary Bill of Rights Journal 31-60 (2000).
With the increased fervor surrounding the death penalty, many religious sects have re-examined their position on this issue. New statistics concerning possible discrimination in the application of the death penalty prompted several religious groups to call for a moratorium on the death penalty. In this Essay, Professor Thomas C. Berg examines how religious conservatives, especially Roman Catholics and evangelical Protestants, have dealt with the recent concerns over the death penalty. Part I of the Essay documents how Roman Catholics and evangelical Protestants traditionally approach the death penalty. In this section, Professor Berg concludes that critics of the death penalty can use theological arguments, as well as practical concerns about the death penalty, to persuade both groups to oppose the death penalty. Part II analyzes the particular theological arguments and practical concerns that will be most effective in persuading religious conservatives to oppose the death penalty.  (Abstract from article)
Criminal Law and Procedure
508. Cahill, Lisa S., Family: A Christian Social Perspective (Minneapolis, Minn.: Fortress Press, 2000).    WorldCat    [OclcCat]
The author explores how the changes within the traditional Christian family affected civil society in the 1990’s. Modern divorce rates and the rise in illegitimacy, provide Cahill with the opportunity to discuss how individualism, narcissism, moral laxity, and hedonism lead to the disintegration of the family unit and depletion of social capital. The author maintains that traditional Christian values promote moral responsibility and strengthen  common good.  She intimates that a substantial redistribution of world resources would help strengthen traditional family structure.
Family Law
509. Collett, Teresa S., 'The King's Good Servant, But God's First': The Role of Religion in Judicial Decisionmaking, 41 South Texas Law Review 1277-1300 (2000).
Collett examines how religious beliefs of government officials, particularly candidates for judicial office, may influence their professional conduct. The author explores why candidates for judicial office need to be considered “safely devout” and capable of being objective when rendering official decisions.  In Section II, the author analyzes and comments on the growing body of literature discussing the broader question of the proper role religious beliefs have in adjudicating cases, and how such beliefs may lead to the disqualification of a candidate’s nomination for the position on the bench.  In Section III, Collect is skeptical of “religious neutrality” and how it can be used to mute those ideas grounded in human accountability to a transcendent authority. She concludes with the question: if religious neutrality is desireable, but not attainable, should judges reveal their reliance upon religious principles in their opinions?
Jurisprudence/ Professional Responsibility
510. Coonan, Terry, There are No Strangers Among Us: Catholic Social Teachings and U.S. Immigration Law, 40 Catholic Lawyer 105-64 (2000).
Coonan examines Catholic social teachings and their significance to U.S. immigration law.  Coonan focuses on modern teachings, beginning with Pope Leo XIII’s encyclical Rerum Novarum.  He includes discussion of how Catholic social teachings are applied by U.S. Catholic Bishops.  Coonan states that the Church’s teachings are strongly counter- cultural, noting that the Church "recognizes rights for immigrants that few nations would recognize for their own citizens."
Immigration Law
511. Craughwell, Thomas J., editor, The Wisdom of the Popes (New York: St. Martin's Press, 2000).    WorldCat      [WCat]
Craughwell's book attempts to compile in a single volume a useful collection of the "most important, inspiring, and influential" quotations of the Pope's through the ages of the Catholic Church. The sayings are arranged topically in 31 chapters. Of particular interest are the chapters on human rights (Chapter 25- 28), labor (Chapter 29), and charity and good works (Chapters 15 and 16).  A bibliography of sources is included.
Reference Sources
512. Daoust, Joseph P., S.J., Legal Education in a Catholic University Mission and Possibilities, 78 University of Detroit Mercy Law Review 27-39 (2000).
Daoust explores the issue of whether being Catholic makes a difference to a law school.  While recognizing some of the challenges facing a Catholic educational institution, the author maintains that the "open circle" model of Catholic universities provides a workable model for adhering to the core vision of these institutions (as identified in Ex Corde Ecclesiae).  He highlights the work of the Jesuit educational facilities and how they have successfully developed a mission that is fundamentally based on learning, while still integrating faith and justice.
Catholic Dimensions of Legal Education
513. Dougherty, Jude P., in Western Creed, Western identity: Essays in Legal and Social Philosophy (Washington, D.C.: Catholic University of America Press, 2000).    WorldCat  [WCat]
Dougherty's book is a collection of essays applying Thomistic natural law jurisprudence to a number of contemporary issues, including torts, criminal law, and professional responsibility.
Jurisprudence
514. Dougherty, Jude P., Necessity of Punishment, in Western Creed, Western identity: Essays in Legal and Social Philosophy 156-67, (Washington, D.C.: Catholic University of America Press, 2000).    WorldCat  [WCat]
Dougherty's essay examines the philosophy of punishment, particularly in the works of St. Thomas Aquinas.
Criminal Law and Procedure
515. Dougherty, Jude P., Accountability Without Causality: Tort Litigation Reaches Fairy-Tale Levels, in Western Creed, Western identity: Essays in Legal and Social Philosophy 136-54, (Washington, D.C.: Catholic University of America Press, 2000).    WorldCat  [WCat]
Dougherty's essay criticizes contemporary notions of expanded tort liability that he contends disregard the philosophical foundation of causality as an essential element of that liability.
Torts
516. Douglas, Davison M., God and the Executioner: The Influence of Western Religion on the Use of the Death Penalty, 9 William and Mary Bill of Rights Journal 137 (2000).
Davison's essay contains an historical review of religious attitudes towards capital punishment and the influence of those attitudes on the state’s use of the death penalty. The Christian Church has expressed strong support for capital punishment throughout most of its history, but in recent decades, opposition to the death penalty within the Catholic Church and many Protestant groups has emerged. The same is true with Judaism. Despite this recent abolitionist sentiment from an array of religious institutions, there has been a divergence of opinion between the "pulpit and the pew" as the laity in the United States continues to support the death penalty in large numbers. This divergence is due in part to the declining influence of religious organizations over the social policy choices of their members. Consequently, the fate of the death penalty in the United States will most likely be resolved in the realm of the secular rather than the sacred. (Abstract excerpted in whole or part from the Social Science Research Network)
Criminal Law and Procedure/ Civil Rights
517. Feldman, Stephen M., editor, Law and Religion: A Critical Anthology (New York: New York University Press, 2000).    WorldCat      [WCat]
This collection of essays addresses many issues of law and religion. The twenty-two contributions are arranged into five parts. These divisions include:  general perspectives on law, religion and politics; religion and the public square; religion and Supreme Court doctrine; outsider views of the separation of church and state; and religion and liberal political theory.  The essays provide both competing views on the topics and a multitude of perspectives.  However the editor seeks to intertwine the various themes throughout the text.
Jurisprudence
518. Gregory, David L. and Charles J. Russo, Proposals To Counter Continuing Resistance to the Implementation of Ex Corde Ecclesiae, 74 St. John's Law Review 629-654 (2000).
According to Gregory and Russo, Catholic institutions of higher learning are in danger of losing their Catholic identity altogether if care is not taken to hire more Catholic faculty. The authors of this article, professors of law and graduates of Catholic institutions, call on the American Catholic Bishops to support Ex Corde Ecclesiae by encouraging the hiring of Catholic law faculty. By doing so, the Bishops will fulfill their role as pastors and ensure the witnessing of the Faith in Catholic law schools.
Catholic Dimensions of Legal Education
519. Hegy, Pierre and Joseph Martos, editors, Catholic Divorce: The Deception of Annulments (New York: Continuum, 2000).    WorldCat      [WCat]
Catholic Divorce is a collection of essays that discuss important developments in the Church’s approach to marriage and divorce. The context is the pontificate of  Pope John Paul II, during which time the rate of Catholic weddings is down, while the rate of Catholic annulments is up. Essays explore divorce among Catholics through various perspectives, from Biblical interpretations of marriage, to theological histories, as well as alternative theologies and practices.
Family Law
520. Hittinger, Russell, Natural Rights and the Limits of Constitutional Law, in Common Truths: New Perspectives on Natural Law edited by Jenkins, John, C.S.C (Wilmington, Delaware: ISI Books, 2000).    WorldCat  [WCat]
Hittinger attempts to frame "at least the beginnings" of an answer to the question: "Why is the U.S. Constitution so abstemious  in its reference to the moral grounds of positive law?" In this regard Hittinger particularly examines the problem of underspecified rights, and the dangers they pose when not bounded to an objective order of justice law - such as that delineated in classical natural law accounts. Hittinger examines in particular Aquinas's account of natural as developed by Jacques Maritain.
Jurisprudence/ Constitutional Law
521. Holy See. Vatican. Pontifical Council for Justice and Peace, The Social Agenda: A Collection of Magisterial Texts (00120 Ciita del Vaticano: Libreria Editrice Vaticana, 2000).    WorldCat      [WCat]
A compilation of the Church's social teachings, organized by subject area: 1) The Nature of Catholic Social teaching, 2) The Human Person, 3) The Family, 4) The Social Order, 5) The Role of the State, 6) The Economy, 7) Work and Wages, 8) Poverty and Charity, 9) The Environment, and 10) The International Community.  Excerpts of relevant Church teaching documents are assembled by topic area.
Vatican Documents/ Catholic Social Teachings
522. Incandela, Joseph M., Education for Justice: Stitching a Seamless Garment, 27 Horizons 296-310 (2000).
This article examines the challenges of teaching social justice to undergraduates in a Catholic college.  It begins by considering the three pillars of Catholic social teaching: dignity, community and preference for the poor.  He then examines the obstacles inherent in teaching such a course: the prevalence of stereotypes, emphasis of charity rather than justice, and the reluctance to allow one’s faith to challenge governmental policies.
Catholic Social Teachings
523. Jenkins, John, C.S.C., Aquinas, Natural Law, and the Challenges of Diversity, in Common Truths: New Perspectives on Natural Law edited by McLean, Edward B. (Wilmington, Delaware: ISI Books, 2000).    WorldCat  [WCat]
In this essay, Jenkins focuses on certain aspects of the views of St. Thomas Aquinas on natural law, and discusses the ways in which Aquinas's account is similar to, though different from, certain contemporary jurisprudential views.  Jenkins focuses particularly on Aquinas's views on the challenges of a society  in which diverse views are represented.  Jenkins argues that Aquinas was an advocate of diversity in public debate, succeeding in moving away from a sectarian, exclusionist Christianity.
Jurisprudence
524. Jones, Rhidian, The Canon Law of the Roman Catholic Church and the Church of England: A Handbook (Edinburgh: T&T Clark, 2000).    WorldCat      [WCat]
This handbook provides easy reference to terms and topics in current Roman Catholic and Church of England canon law. Some terms from the Eastern Catholic Churches and the wider Anglican Communion are also included.  The appendices offer the text of changes in the Universal Law of the Roman Catholic Church on causes for the canonization of saints, military ordinariates, and the reorganization of the Roman Curia. The book opens with a list of primary documents the terms are drawn from, and it closes with bibliographies of dictionaries, other reference works, textbooks, booklets, commentaries and articles.
Reference Sources
525. Kmiec, Douglas W., The Supreme Court 2000: Mitchell v. Helms--School Choice & the End of Discrimination Against Religion, First Things 30-33 (2000).
Kmiec argues that the Supreme Court's largest doctrinal shift in the 1999-2000 term was in the area of aid to religious schools. In the case of Mitchell v. Helms, the majority held that government benefits may be allocated to religious and public schools without contravening the establishment clause.  The author provides a brief history of Supreme Court decisions in this area and is critical of several opinions that pre-date Mitchell.  He also explains the rationale behind the court's new decision and offers hope that this opens the door for a complete re-examination of school choice.
Constitutional Law
526. Krietemeyer, Ronald, Leaven for the Modern World: Catholic Social Teaching and Catholic Education (Washington, D.C.: National Catholic Educational Association, 2000).    WorldCat      [WCat]
Krietemeyer, Director of the Office for Social Justice in the Archdiocese of Saint Paul and Minneapolis, reflects on his own personal experience and research regarding Catholic social teaching.  In his work, Krietemeyer discusses the process in which Church leaders can integrate Catholic social teaching in a wide spectrum of educational settings with specific steps and examples.
Catholic Social Teachings
527. Kuehn, R. John, Legally True But Misleading Statements: A Moral Dilemma, 14 Notre Dame Journal of Law, Ethics and Public Policy 589-619 (2000).
Kuehn explores how the legal profession can restore a sense of moral consciousness by striving to adhere to the traditional responsibilities of the legal professional rather than practicing law based solely on a client’s needs or desires. He maintains that lawyers have created a legal culture more concerned with success than ethical conduct. Kuehn maintains that Catholic natural law principles can  help effect change in the legal system.
Professional Responsibility
528. Lannan, Robert W., Catholic Tradition, and the New Catholic Theology and Social Teaching on the Environment, 39 Catholic Lawyer 353-88 (2000).
Focusing on the teachings and writings of the Catholic Church, Lannan seeks to provide an overview of the faith’s theology toward the environment and the stewardship of the planet.  The author begins by describing the traditions of creation and redemption, and later provides an overview of the Catholic theories of mankind and the environment.  In concluding he argues that humanity’s environmental responsibilities are tied to the stewardship of creation handed to man by God.
Environmental Law
529. Lavastida, Jose I., Health Care and the Common Good: A Catholic Theory of Justice (Lanham, MD: University Press of America, 2000).    WorldCat      [WCat]
This book takes a close look at the system of health care in the United States and examines the issue of “just access” to health care for all citizens.  Lavastida offers four proposals that he believes would promote such “just access” to health care.  He does this by “using an ethical approach which would be nourished according to the guidance offered by the teaching of the Catholic Church”.  Lavastida has divided the book into four units, and he devotes one unit specifically to the Catholic theory of justice.
Catholic Social Teachings
530. Levine, Samuel J., Capital Punishment and Religious Arguments: An Intermediate Approach, 9 William and Mary Bill of Rights Journal 179-90 (2000).
Levine argues that applying religious thought to legal issues is sometimes helpful, particularly when the issue is as controversial as capital punishment.  He suggests that while religion should not have an undue influence on American legal reasoning, it can offer thoughtful, logical and relevant arguments that can be useful in deciding current legal issues such as the death penalty.
Criminal Law and Procedure
531. MacIntyre, Alasdair, Natural Law in Advanced Modernity, in Common Truths: New Perspectives on Natural Law edited by Jenkins, John, C.S.C (Wilmington, Delaware: ISI Books, 2000).    WorldCat  [WCat]
MacIntyre argues that modern theories of natural law currently flourishing in the modern world "all fail and that they fail in just those respects in which their adaptation to what is distinctively modern in modern culture is most evident." MacIntyre contrasts the thought of a prominent contemporary natural law theorist, H.L.A. Hart, with the classical thomistic conception of natural law, particularly as interpreted by modern Thomistic thinkers such as Jacques Maritain, German Grisez, and John Finnis, outlining implications for contemporary legal debate.
Jurisprudence
532. Massaro, Thomas, Living Justice: Catholic Social Teaching in Action (Franklin, Wis.: Sheed & Ward, 2000).    WorldCat      [WCat]
Massaro describes his book as “an introduction to the tradition of social ethics within the Roman Catholic Church.” His main goal for Living Justice is to have it be a starting point for the analysis of Catholic social teachings on justice, peace, and other social issues. Each of the book's seven chapters ends with “Questions for Reflections,”designed to spark personal reflection or group discussion.  Massaro provides a brief section at the end of the book for individuals interested in exploring more about Catholic social teachings.
Catholic Social Teachings
533. McLean, Edward B., Common Truths: New Perspectives on Natural Law (Wilmington, Delaware: ISI Books, 2000).    WorldCat      [WCat]
Common Truths comprises lectures delivered as part of the Goodrich Lecture Series at Wabash College. The lectures are divided into four key areas, each predicated on the desirability of replacing the dominant school of positive law and its majoritarian legitimating principle with a commitment to natural law doctrines: I) Natural Law and History; II) Topics in Natural Law Theory; III)The Praxis of Natural Law; and IV) Prospects for the Twenty-First Century.  Essays with a particular emphasis on Catholic social teaching and its relevance to the natural law tradition include: "Aquinas, Natural law, and the challenges of diversity" by John Jenkins; "Theories of natural law in the culture of advanced modernity" by Alasdair MacIntyre; "Natural rights and the limits of constitutional law" by Russell Hittinger; "Natural law and sexual ethics" by Janet E. Smith; "Tort law and natural law" by William N. Riley; and "Natural law in the twenty-first century" by Charles E. Rice.
Jurisprudence/ Family Law/ Contracts/ Torts
534. National Conference of Catholic Bishops, Resolution on Immigration Reform (2000).     http://www.usccb.org/mrs/reform.shtml
This resolution by the National Conference of Catholic Bishops was issued on November 16, 2000. It calls upon lawmakers to enact reforms that "uphold the basic dignity and human rights of immigrants and preserve the unity of the immigrant family."
Bishops' Statements/Immigration Law
535. National Conference of Catholic Bishops, Abortion and the Supreme Court: Advancing the Culture of Death (2000).     http://www.usccb.org/prolife/issues/abortion/culture.shtml
Statement of the U.S. bishops committing to reversing Supreme Court precedents on abortion, and building a pro-life culture in the United States.
Civil Rights/ Family Law/ Bishops' Statements
536. National Conference of Catholic Bishops, The Application of Ex corde Ecclesiae for the United States (Washington, D.C.: United States Catholic Conference, 2000).    WorldCat      [WCat]  http://www.usccb.org/bishops/application_of_excordeecclesiae.shtml
The Application of Ex corde Ecclesiae for the United States was issued by the National Conference of Catholic Bishops on November 17, 1999, implements the Apostolic Constitution Ex corde Ecclesiae, and outlines the nature of Catholic higher education in the United States.  It discusses the history of Catholic higher education from the opening of Georgetown in 1789 to the present with over 230 Catholic colleges and universities.  This document is devoted especially to the ideal of preserving the Catholic identity of these institutions. The history and theological principles of Ex corde Ecclesiae are outlined.  The relationship of the Catholic University with the life of the universal church and with the civic community is explored.  The responsibility of Bishops to promote Catholic Universities is reinforced, as is the need for mutual trust between university and church authorities.  A list of characteristics that define catholic identity are given and discussed. The document states that the norms of Ex corde Ecclesiae must be upheld by the university community, especially by the Board of Trustees, the administration and staff, the faculty, and by the students.  The role and support of the universal and local church to the university is also discussed.  The pastoral ministry of the diocesan bishop, the role of campus ministry, and ecumenical and interfaith collaborations in ministry are also discussed.   The role of the Church’s social teaching is also an important part of Catholic higher education. This document is most valuable for its definition of Catholic identity and for outlining the relationships and tensions within and without the Church as they regard Catholic higher education.
Bishops' Statements/ Catholic Dimensions of Legal Education
537. Pennock, Michael, Catholic Social Teaching: Learning and Living Justice (Notre Dame, Ind.: Ave Maria Press, 2000).    WorldCat      [WCat]
Pennock’s work is intended to be an introduction to the “principles, criteria and guidelines” of Catholic social justice, the Church’s teachings on moral principles and values. The book is divided into ten chapters, each of which deals with a different aspect of Catholic social justice, e.g., racism, poverty, and labor. Each chapter includes an overview, references to scripture, a chapter summary, review questions, an internet research section, and endnotes.
Catholic Social Teachings
538. Rice, Charles E., Natural Law in the 21st Century, in Common Truths: New Perspectives on Natural Law edited by Jenkins, John, C.S.C (Wilmington, Delaware: ISI Books, 2000).    WorldCat  [WCat]
Examining what he perceives as the disconnect between abundant documentation is murder and the continuing public acceptance of at least some abortion under law, Rice contends that "something is clearly amiss in our perception of the relation between law and morality."  This loss of an adequate conception of the natural law is traced by Rice to three aspects of the Enlightenment era: secularism, relativism, and individualism.  The combined effect of these strains of thought has been a triumph of legal positivism.   Rice urges a recovery of the classical natural law tradition, one not merely a sectarian Catholic conception albeit one confirmed by it.  Rice examines how this conception of the natural law is developed in the thought of Thomas Aquinas, and by Pope John Paul in his encyclical Veritatis Splendor.
Constitutional Law/ Jurisprudence
539. Riley, William N., Tort Law and Natural Law, in Common Truths: New Perspectives on Natural Law edited by Jenkins, John, C.S.C (Wilmington, Delaware: ISI Books, 2000).    
Riley's essay examines the interaction of tort law with the natural law.  Riley particularly examines the relevant natural law thought of Thomas Aquinas as developed by Catholic moral theologian Germain Grisez.
Jurisprudence/ Torts
540. Rodgers, Charles, S.J., An Introduction to Catholic Social Teaching (San Francisco: Ignatius Press, 2000).    WorldCat      [WCat]
In this short work, Rodgers provides an overview of the development and tenets of Catholic Social Teaching, providing a general introduction to the ethics of decision making in the civic, political, and economic spheres of human society.
Catholic Social Teachings
541. Silecchia, Lucia A., Integrating Spiritual Perspectives with the Law School Experience: An Essay and Invitation, 23 San Diego Law Review 167-209 (2000).
This article reflects on the ways in which the traditional life of law schools may be colored by a new emphasis on spirituality.  Beginning with a general discussion of spirituality in professional life, Silecchia then tackles the issue of spirituality in the context of law practice and legal education.  The author acknowledges the apparent difficulties in integrating spirituality with the profession and the law school, but argues that some of the incompatibility is more perceived than actual.  She concludes by inviting those who can to help enrich the spirit of the legal profession.
CUA Law Faculty/ Catholic Dimensions of Legal Education
542. Silecchia, Lucia A., Reflections on the Future of Social Justice SSRN logo SSRNcat, 23 Seattle University Law Review 1121-54 (2000).
Silecchia examines social issues from the perspective of the Catholic social tradition. She begins the article with a description of some of the social problems facing today’s society and then focuses on five principles of Catholic social doctrine and how they might provide guidance in addressing these problems.  The five principles explored by Silecchia are human dignity, human rights, solidarity and the preferential option for the poor, subsidiarity, and sacrificial charity.  She concludes by challenging today’s law students with a call to action.
CUA Law Faculty/ Catholic Social Teachings
543. Skotnicki, Andrew, Religion and the Development of the American Penal System (Lanham, Maryland: University Press of America, 2000).    WorldCat      [WCat]
In Religion and the Development of the American Penal System, Skotnicki surveys the role of religion in the history of the U.S. penal system, contending that religion was not an external force outside the system, but rather an "integral part of he logic by which the prisons were governed."  Skotnicki surveys growing divisions within the churches themselves, especially Protestant ones in the wake of the growth of the Social Gospel, and how these tensions were both driven by and helped shape the transformation of the old U.S. penitentiary system into the modern prison systems of the 20th century.  Catholic reformers play a secondary role in Skotnicki's narrative, but still an essential one.
Criminal Law and Procedure
544. United States Catholic Conference, Welcoming the Stranger Among Us: Unity in Diversity (2000).     http://www.usccb.org/mrs/unity.shtml
This 2000 statement of the U.S. Bishops statement on immigration is a call to "all people of good will, but Catholics especially, to welcome the newcomers in their neighborhoods and schools, in their places of work and worship, with heartfelt hospitality, openness, and eagerness both to help and to learn from our brothers and sisters, of whatever race, religion, ethnicity, or background."
Catholic Social Teachings/ Immigration Law/Bishops' Statements
545. United States Conference of Catholic Bishops, Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice (2000).     http://www.usccb.org/sdwp/criminal.shtml
In this November 2000 statement the U.S. Bishops' present a comprehensive view of current issues in criminal justice. While recognizing society's need to protect its citizens and victim's rights to restorative justice, the Bishops' urges policy makers to look beyond facile solutions like "three strikes, you're out." It emphasizes the Church's responsibility to preach respect for life, to contribute to building a just society, and to support efforts toward rehabilitation and reformation.
Catholic Social Teachings/ Bishops' Statements/ Criminal Law and Procedure
546. Yuengert, Andrew, Catholic Social Teaching on the Economics of Immigration, 3 Journal of Markets and Morality 88-99 (2000).
Catholic social teaching and the economics literature take very different approaches to immigration policy. This article is both a rereading of the economics of immigration in light of Catholic social teaching, and a rereading of Catholic social teaching on immigration in light of the economics literature. Catholic social teaching provides a normative framework for immigration policy that is strikingly different from the secular framework within which economics currently operates. For example, the Catholic assertion that migration is a right contrasts sharply with the direction of economics research, which assumes the right of the state to curtail immigration. For its part, the economics literature suggests a new set of pressing questions for Catholic social teaching. Economics raises important questions about policies proposed by Catholic social teaching, and offers a subtler understanding of the effects of immigration in a economy with few barriers to capital, labor, and goods flows.
Immigration Law
547. Allsopp, Michael E., editor, Ethics and the Catechism of the Catholic Church (Scranton, Pa.: University of Scranton Press, 1999).    WorldCat      [WCat]
Ethics in the Catechism is a collection of essays focusing on Part Three of the Catechism of the Catholic Church. Part Three, entitled "Life in Christ", is the section of the Catechism dealing teachings on morals. The essays are designed to highlight the moral teachings of the Catechism by "providing background, analysis, explanation and critique."
Reference Sources
548. Araujo, Robert, S.J., The Lawyer's Duty to Promote the Common Good: The Virtuous Law Student and Teacher, 40 South Texas Law Review 83-135 (1999).
Araujo believes that law schools need to rethink their approach to legal education. The current system produces lawyers who value victory above all else. Society would be better served, he suggests, if lawyers were less concerned about winning and more concerned about justice and the common good.
Professional Responsibility
549. Araujo, Robert, S.J., Ex Corde Ecclesiae and Mission-Centered Hiring in Roman Catholic Colleges and Universities: To Boldly Go Where We Have Gone Before, 25 Journal of College and University Law 835-864 (1999).
The purpose of this article is to investigate some principal legal issues relevant to employment practices--particularly hiring--in Catholic universities. One of these questions is how can a Catholic school raise with prospective candidates for appointment to faculty or administrative positions questions concerning their understanding of the school's mission and their ability to support and contribute to it. A further area of investigation concentrates on how Catholic institutions may rely on statutory provisions to employ faculty and administrators who would actively support and contribute to the Catholic institution's mission. Such employment practices can be developed to observe the requirement not to discriminate unlawfully against others while at the same time recognizing the need to ensure that these schools are Catholic institutions. These mission-centered hiring practices would promote and sustain the diversity that is important to American culture and education vis-a-vis race, ethnic heritage, color, sex, and even religion. Mission sensitive hiring practices can acknowledge that while some private and public institutions will and ought to remain secular, others need and should not. Diversity is enhanced, and pluralism is protected. If affirmative steps are not taken to address the erosion in religiously affiliated higher education, it is quite possible, perhaps even inevitable, that the Catholic university will become extinct not because of voluntary decision but because critical employment appointments could not be made with mission-oriented goals in mind. (Abstract from article)
Catholic Dimensions of Legal Education
550. Barrera, Albino, The Evolution of Social Ethics: Using Economic History to Understand Economic Ethics, 27 Journal of Religious Ethics 285-304 (1999).
This article attempts to examine the evolution of economic ethics from the scholastic doctors of the Middle Ages to the modern Catholic social documents. Barrera seeks to identify particularly some of the shifts that have occurred in normative economics between these two periods, using economic history to account for the discontinuities.  Of particular note is Barrera's treatment of the profound shift, as he perceives it, of scholastic skepticism toward trade guilds to the Church's modern embrace of trade unions.
Labor Law/ Catholic Social Teachings
551. Black, Peter, S.Ss.R., Do Circumstances Ever Justify Capital Punishment?, 60 Theological Studies 338-345 (1999).
The author tackles the subject of the moral justifications for capital punishment by analyzing the teachings of Thomas Aquinas.  Back contends that Aquinas' justifications are based upon the supposition that an otherwise evil act is rendered good when applied to the punishment of sinners.  In essence, Aquinas' theory posited in the article relies upon the nature of the circumstances changing the moral nature of the act. Countering this argument is the more recent discussion in theological literature that centers on the three justifications for capital punishment: deterrence, retribution, and rehabilitation. The author concludes by returning to his central theme: whether an immoral act can become good.  Black relies upon the natural law principle of contra naturam and in so doing leaves the reader pondering the issue of an immoral act serving a moral purpose.
Criminal Law and Procedure
552. Brauch, Jeffrey A., Is Higher Law Common Law?: Readings on the Influence of Christian Thought in Anglo-American Law (Littleton, Colo.: Fred B. Rothman and Co., 1999).    WorldCat      [WCat]
The author divides the work into three parts.  The first reveals how legal philosophy has shifted since 1050 A.D. from a God-centered view to a man-centered view. The second part discusses how these ideas have affected law and legal doctrines (e.g. torts, contracts, property, etc.).  The final part of the book addresses the relevance of scripture and Christian teachings to current legal debate, and how the legal system should be guided by the Christian view of the world.
Jurisprudence
553. Breen, John M., The Catholic Lawyer: Justice and the Incarnation, 39 Catholic Lawyer 269-275 (1999).
The author shares his reflections on the connections between practicing law and practicing Catholicism with law students at Loyola University Chicago at their 1999 Baccalaureate Mass.  Included in this address is the sense of responsibility to make sure that justice, both legal and moral, prevails.  Breen argues that it is incumbent upon Christians to make sure that good triumphs over evil, and that as attorneys they must not lose sight of this aspect of their faith.  The author then reflects on the connection between the mystery of the Incarnation and the practice of law. By graduating from law school, Breen contends the students are moving from the hypothetical world of the law school into the concrete world of legal practice. In much the same way we see in the incarnation the embodiment of a real, concrete person; Christ is no longer abstract, but has become reality. The author concludes by reassuring the students that in pursuing their new career path they will not be alone; Christ will be there with them and for them.
Professional Responsibility
554. Cascarelli, Joseph C., The Catholic's Role in the Legal Profession in Republican Government, 39 Catholic Lawyer 291-316 (1999).
Cascarelli's essay attempts to promote discussion among Catholic lawyers on one question in light of the Pope John Paul II's then-recent pronouncement that the Catholic Church has an obligation to make the Gospel relevant equally to the few as to the many, to the leaders as much as to the led.  Since American Catholic lawyers are constrained to act properly within bounds of the Federal Constitution as much as they are constrained to act properly within the bounds of the teachings and traditions of the Magisterium, Cascarelli reframes the question as: What is the role of the Catholic legal professional in republican government?  Cascarelli concludes that "[s]afeguarding and advocating natural law-- some of those principles of natural justice embodied in the Constitution and examined earlier in this article--discharge an office that is consistent with both the Constitution and the Holy Father's recent pronouncement that the Church has an obligation to make the Gospel relevant equally to the few as to the many, to leaders as much as to the led."
Jurisprudence/ Constitutional Law/ Professional Responsibility
555. Catholic Church, Code of Canon Law (Washington, DC: Canon Law Society of America,, 1999).    WorldCat      [WCat]
This 1999 translation from the Canon Law Society of America is the most recent version of the Catholic Church's Code of Canon Law. The 1917 Code was completely revised in 1983 to reflect the changes introduced by Vatican Council II. This 1999 version reflects changes since 1983, especially those contained in the encyclical, Ex Corde Ecclesia, which concerns Catholic higher education. It contains both Latin and English text.
Reference Sources
556. Cochran, Clarke E., Sacrament and Solidarity: Catholic Social Thought and Health Care Policy Reform, 41 Journal of Church and State 475-498 (1999).
Cochran argues that American health care is a disaster from the perspective of Catholic social thought, as it violates principles of justice, stewardship, and care of the poor, making into a market commodity what should be a social good. Unfortunately, the Church and Catholic health care are deeply planted in the very system that violates their principles.  Cochran centers his analysis on two aspects of Church teaching: solidarity and sacramentality.  If the Catholic tradition of social thought is to develop a distinctive voice and critical edge necessary to witness to and go beyond its rootedness in the current health care system, Cochran concludes, sacrament and solidarity provide a way to help reform U.S. health care.
Catholic Social Teachings
557. Coppa, Frank J., Encyclopedia of the Vatican and Papacy (Westport, Conn.: Greenwood Press, 1999).    WorldCat      [WCat]
This 483-page reference guide contains hundreds of alphabetically arranged entries, each with bibliographic sources. The focus is on the social, political and cultural role of the Vatican in the post-Renaissance world.  Topics examined include reaction to key historical events such as the French and Russian revolutions, the Spanish civil war, the World Wars and the Holocaust. The Vatican attitude toward ideological movements like Gnosticism, nationalism, fascism and Zionism is explored.  Current issues such as the papal position on capital punishment, abortion, homosexuality and birth control are also included.
Reference Sources
558. DeWolf, David K. and Araujo, Robert, S.J., And God's Justice Shall Become Ours: Reflections on Teaching Law in a Catholic University, 11 Regent University Law Review 37-48 (1999).
DeWolf and Araujo argue that legal education at a Catholic university has a distinct mission. That distinctly Catholic mission calls for more than the commitment to service and social justice that is shared by many secular law schools.  The authors contend that the curriculum at a Catholic institution must actively promote a full “culture of life,” including the preservation of human dignity, protection of nature and a more just sharing of the world’s resources. They reject the notion that religious identification should be avoided as a possible hindrance to the university’s national status ambitions.
Catholic Dimensions of Legal Education
559. Gregg, Samuel, Challenging the Modern World: Karol Wojtya/John Paul II and the Development of Catholic Social Teaching (Lanham, Md.: Lexington Books, 1999).    WorldCat      [WCat]
Challenging the Modern World, a part of the publisher's series Religion, Politics, and Society in the New Millenium, seeks to examine the contribution of Pope John Paul II to the development of Catholic social teaching and to explore how his contribution was influenced by the his personal philosophy that pre-date his election to the papacy. The book examines the influence of the Vatican Council's Pastoral Constitution on the Church in the Modern World, the philosophical background of Karol Wojtyla, and the primacy of his major themes of work and international  justice.
Catholic Social Teachings
560. Gregory, David L., Dorothy Day, Workers' Rights and Catholic Authenticity, 26 Fordham Urban Law Journal 1371-1392 (1999).
The winter of 1999 marks the fiftieth anniversary of a defining moment in the history of Catholic Worker.  In 1949, then-Archbishop of New York Francis Spellman broke a strike by Catholic cemetery workers at the largest Catholic cemetery in New York City. Dorothy Day, Catholic Worker, and 'the Association of Catholic Trade Unionists all unequivocally supported the strike. Gregory examines the background of the labor dispute of 1949. Indeed, at the time Catholic Worker and Cardinal Spellman could not have been more diametrically opposed than they were during this bitter and tragic labor strike. Gregory then discusses Dorothy Day and the example she provides for all Catholics, and persons of all faiths. This Part also discusses the eventual resolution of the strike and the role Catholic Worker took in bringing about the end of the dispute. Part III then applies the lessons of Dorothy Day to current issues of dialogue in Catholic life.
Labor Law
561. Gregory, David L. and Charles J. Russo, The First Amendment and the Labor Relations of Religious-Affiliated Employers, 8 Boston University Public Interest Journal 449-467 (1999).
Upon the twentieth anniversary of the problematic 1979 NLRB v. Catholic Bishop decision by the U.S. Supreme Court - a decision which essentially gave carte blanche to religiously-affiliated employers to conduct their labor and employment relations and personnel practices, effectively exempt from their employees' legal challenges - Gregory and Russo assess these core tensions between the important prerogatives of the religiously-affiliated institutional employers and the human, civil, and labor rights of their employees. Initially, the authors review the background leading up to the recent decisions of the highest courts of New York and New Jersey. These decisions suggest that it is possible to reconcile these tensions and to protect the fundamental rights of both employers and workers. The authors then situate these recent state court decisions within the larger architecture of Catholic Bishop. This suggests how these recent cases may positively reconfigure the labor and employment relations dynamics of religiously-affiliated institutions, while simultaneously respecting their authentic religious mission, and ministry, as well as their necessary managerial prerogatives. While the authors' analysis is primarily, but not exclusively, from their perspective as Roman Catholic professors teaching at Catholic universities, it effectively applies to most major religiously-affiliated institutional employers and their employees.
Constitutional Law/ Labor Law
562. Lee, Randy, Faith Through Lawyering: Finding and Doing What is Mine to Do, 11 Regent University Law Review 71-135 (1999).
In the process of reviewing Joseph Allegretti’s book The Lawyer’s Calling: Christian Faith and Legal Practice, Lee discusses the challenges facing Christian attorneys face in their professional and personal roles. Lee evaluates how the standard vision of a lawyer as a neutral partisan can create a “separation of law from the religious and spiritual side of life.” According to Allegretti this “rigid compartmentalization.” lies at the root of many problems within the American legal system. The author studies Allegretti’s premise that a Christian-educated attorney has a unique opportunity to balance professional integrity and theological vision in the practice of law.  Lee agrees with Allegretti’s contention that a faith-based legal education can be the instrument for creating a unique role for the Christian lawyer.
Professional Responsibility
563. Lee, Randy, Lawyers and the Uncommon Good: Navigating and Transcending the Gray, 40 South Texas Law Review 207-226 (1999).
Lee's article examines the moral and ethical issues of Harper Lee's novel, To Kill a Mockingbird. He describes both Alabama town and the character of Atticus Finch as "gray and ambiguous."  Lee insists that one must understand that in today's world -- from a lawyer's perspective -- that grayness is still present.  He urges the reader to understand that the role of lawyers is to transcend and navigate the ambiguity and the gray, much like Atticus did in the novel.  In addition to using Atticus Finch as an example, Lee also focuses on Mother Teresa as an example of someone who not only navigated the gray -- but heroically transcended it as well.
Professional Responsibility
564. National Conference of Catholic Bishops, In All Things Charity: A Pastoral Challenge for the New Millennium. (Washington, D.C.: United States Catholic Conference, 1999).    
The text of In All Things Charity: A Pastoral Challenge for the New Millennium was developed by the Ad Hoc Committee for a Pastoral Message on Charity of the National Conference of Catholic Bishops. It was adopted in November 1999 by the full body of bishops at their general meeting. This document tackles the command Jesus left us to love both God and our neighbor. Carrying out of this commandment in a complex world full of poverty, repression, hunger, and disease is recognized as no easy task.  It asks the Church to do its part to eradicate these problems. In short, it asks all Catholics to participate in the sharing of the “Good News” and in the relief of global human problems.
Catholic Social Teachings
565. O'Brien, Raymond C., The Reawakening of Marriage, 102 West Virginia Law Review 339-91 (1999).
O'Brien's article surveys developments in marriage legislation, including those involving "faith-based" principles. He sees that state-sanctioned covenant marriages and a greater involvement of religion in marriage preparation and divorce counseling will lead to a reawakening of marriage.
CUA Law Faculty/ Family Law
566. Oven, Kristina M., The Immigrant First as Human: International Human Rights Principles and Catholic Doctrine as New Moral Guidelines for U.S. Immigration Policy, 13 Notre Dame Journal of Law, Ethics and Public Policy 499-540 (1999).
Oven argues that three national influences on immigrants need to be "humanized:" society’s attitude toward immigration and immigrants, immigration legislation and policy, and the INS.  In addressing these issues the author focuses on two recent pieces of legislation and how they dehumanize the immigrant: the Personal Responsibility and Work Opportunity Reconciliation Act 1996, and the Illegal Immigration Reform and Immigrant Responsibility Act 1996.  She concludes by comparing the government’s policy toward immigrants with the Catholic Church’s social teachings on human dignity.
Immigration Law
567. Pawlikowski, John T., Catholic Social Teaching in the Catechism, in Ethics and the Catechism of the Catholic Church edited by Allsopp, Michael E. (Scranton, Pa.: University of Scranton Press, 1999).    WorldCat  [WCat]
In the first part of his essay, Pawlikowski traces the development of Catholic social teachings from Leo XIII through John Paul II. While admitting differences in emphasis in various pronouncements, the author maintains that there is a "basic consistency in outlook that runs through the social encyclicals." The remainder of the essay examines how the doctrines derived from these encyclicals have been synthesized and expressed in the Catechism.
Catholic Social Teachings
568. Perricone, John A., Catholic Theology of Work and Worship, 73 St. John's Law Review 821-827 (1999).
Perricone addresses Catholic teaching regarding the value and purpose of work. He emphasizes that Catholic teaching is based on the dignity of the person performing the work, not on work as an end in itself. One's labor is an expression of  the dignity of the human person and allows the individual to participate in the divine work of creation. Perricone uses Pope Leo XIII's encyclical, Rerum Novarum, as the centerpiece of his reflection.
Labor Law
569. Pertnoy, Leonard and Daniel Gordon, Would Alan Dershowitz Be Hired to Teach Law a Catholic Law School? Catholicizing, Neo- Brandeising, and an American Constitutional Policy Response., 23 Seattle University Law Review 355-380 (1999).
The authors, Jewish law professors at St. Thomas University School of Law, explore the impact of Ex Corde Ecclesiae (Pope John Paul II’s apostolic constitution on Catholic higher education) on Jewish law faculty.  The authors focus on “the religious and demographic regimentation of Catholic universities and law schools” and the potential implications of a Jewish quota at Catholic law schools.  The authors conclude that although Ex Corde Ecclesiae offers a “message of hope” and the chance to creating an exciting dialogue between cultures, it also presents complicated choices for Catholic law schools.
Catholic Dimensions of Legal Education
570. Reza, Sadiq, Religion and the Public Defender, 26 Fordham Urban Law Journal 1051-1154 (1999).
Reza explores the unique position public defenders have in our legal system. She contends these defenders perform God’s work by providing compassion and understanding to those most in need.  Reza explores the role religion plays in the work of a public defender, and examines what motivates a public defender to effect change in the criminal justice system itself.  She examines difficult issues of legal ethics, including a public defender’s silence while a client commits perjury and harsh cross-examination of a truthful witness.
Professional Responsibility
571. Roets, Perry J., Pillars of Catholic Social Teachings: A Brief Social Catechism (Lanham, Md.: International Scholars Publications, 1999).    WorldCat      [WCat]
Roets provides the reader with a quick guide to Catholic social teaching.  Within the text he posits questions, supplies answers, and provides interpretation for the various social documents issued by the Church over the past 100 years.  The conclusion drawn by the author is that the body of work supplied by the Church can act as building blocks for the renewal of humanity.
Catholic Social Teachings
572. Sanks, T. Howland, S.J., Globalization and the Church's Social Mission, 60 Theological Studies 625-651 (1999).
Sanks argues that the Church's social mission has always been historically, socially and culturally contextualized and that the current context  is aptly described as globalization. With the help of some social scientists, he analyzes the recent phenomenon of globalization and draws out from it various implications for the Church's social mission.
Catholic Social Teachings/ International Law
573. Sirico, Bruce D., Economic Thinking in Classical and Medieval Christianity, in Religious Belief and Economic Behavior: Ancient Israel, Classical Christianity, Islam, and Judaism, and contemporary Ireland and Africa 93-107, edited by Neusner, Jacob (Atlanta, Ga.: Scholars Press, 1999).    WorldCat  [WCat]
In this short essay Sirico seeks to achieve a unity between the practice of economic science and moral concerns.  He devotes much of the piece to a discussion of how the two areas view themselves as exclusive of each other, though he does point to the writings of the “Late Scholastics” as examples of how they come together. These thinkers, he argues, saw no inconsistency between the scientific observation of the market and moral instruction in what people should do.  Sirico concludes that late Scholastic thinking on economics is making headway into modern social teaching on economics, and he points to Pope John Paul II’s encyclicals as examples of how this is occurring.
Catholic Social Teachings
574. United States Catholic Conference, A Fair and Just Workplace: Principles and Practices for Catholic Health Care (1999).     http://www.usccb.org/sdwp/national/workplace.shtml
The working paper A Fair and Just Workplace: Principles and Practices for Catholic Health Care, is the result of a candid and constructive dialogue among leaders of Catholic Health Care, the AFL-CIO, and the Catholic Bishops' Conference. The following groups were represented on the working group: Catholic Health Association, Leadership Conference of Women Religious, the USCC Committee for Domestic Policy, the AFL-CIO, and the Service Employees International Union. The working paper is a statement of principles from Catholic social teaching about the dignity of work and the rights of workers, not a response to a particular situation. It is an attempt to find common ground, not an opportunity to advance the agenda of either side.
Catholic Social Teachings/ Health Law/Bishops' Statements
575. United States Catholic Conference, Faithful Citizenship: Civic Responsibility for a New Millennium (1999).     http://www.usccb.org/faithfulcitizenship/1999-faithful-citizenship.pdf
Marking the 2000th anniversary of the birth of Jesus Christ, this U.S. Bishops' document attempts to bring together "the guidance of the Gospel and the opportunities of our democracy to shape a society more respectful of human life and dignity, and more committed to justice and peace." Among the major themes addressed are:  the dignity of human life, the promotion of family and community life, the dignity of work, the care for the poor and oppressed, and the care for creation. The document includes a list of major Catholic documents on public policy and moral issues.
Constitutional Law/ Bishops' Statements
576. United States Conference of Catholic Bishops, A Good Friday Appeal to End the Death Penalty (1999).     http://www.nccbuscc.org/sdwp/national/criminal/appeal.shtml
This statement of the Administrative Board of the United States Conference of Catholic Bishops was issued on April 2, 1999. It calls for the abolition of the death penalty as contrary to the Church's fundamental principle of respect for human life.
Criminal Law and Procedure/ Bishops' Statements
577. Wolfe, Regina W. and Christine E. Gudorf, Ethics and World Religions and Cross-Cultural Case Studies (Maryknoll, N.Y.: Orbis Books, 1999).    WorldCat      [WCat]
This book uses case studies as a method for readers to examine ethical issues from a number of different religious perspectives.  Eighteen "real-life" ethical problems are presented and responses to those ethical problems by different religions are described. In terms of responses from a Christian perspective, the author explains that not all of the Christian denominations are represented in the book.  Although some responses may be from a specific point of view (i.e., Catholic or Orthodox), other responses are from a general Christian perspective.
Jurisprudence
578. Anderson, Andrew L., Ex Corde Ecclesiae: Obstacle or Opportunity for Catholic Affiliated Law Schools?, 34 Gonzaga Law Review 103-156 (1998).
Anderson discusses Pope John Paul II’s Ex Corde Ecclesiae (the Apostolic Constitution on Catholic universities) and the challenges it presents to Catholic law schools.  Anderson focuses on several important areas.  He examinies the mandate for Catholic teachers to be faithful to Catholic doctrine and morals, and for non-Catholic teachers to respect Catholic doctrine and morals.  He explores the rules of the ABA and AALS and their impact on the mandates of Ex Corde Ecclesiae. The status and role of non-Catholic faculty, and the university's concurrent commitment to the Roman Catholic tradition and to academic freedom are treated in detail.  Anderson concludes that while the application of Ex Corde Ecclesia can be complex, it helps to ensure diversity by making a school’s Catholic identity more apparent.
Catholic Dimensions of Legal Education
579. Baker, Thomas E. and Timothy W. Floyd, editors, Can a Good Christian be a Good Lawyer?: Homilies, Witnesses, and Reflections (Notre Dame, Ind.: University of Notre Dame Press, 1998).    WorldCat      [WCat]
This collection consists of short personal narratives written by lawyers reflecting on the relationship of their religious commitment to their practice of law.
Professional Responsibility
580. Beaumont, Paul R., editor, Christian Perspectives on Human Rights and Legal Philosophy (Carlisle, England: Paternoster Press, 1998).    WorldCat      [WCat]
This collection of essays explores various issues surrounding human rights and legal philosophy.  This includes the problems that arise in the clash of human rights, a critique of liberalism, whether human rights have a Christian foundation, blasphemy, whether war can be justified, and a call for a Christian philosophy of law.  Each author provides their own conclusions; however a constant theme of the book is that despite their imperfections, current legal standards of human rights are somewhat consistent with Christian views on the subject.
Jurisprudence/Civil Rights
581. Bernardin, Cardinal Joseph L., A Moral Vision for America (Washington, D.C.: Georgetown University Press, 1998).    WorldCat      [WCat]
This work is a collection of the major addresses of Joseph Cardinal Bernardin, the archbishop of Chicago from 1982 until his death in 1996. These addresses deal primarily with the topics of public policy, ethics, and the Church’s role in American public life.
Catholic Social Teachings
582. Blouin, Francis X., Jr., editor, Vatican Archives: An Inventory and Guide to Historical Documents of the Holy See (New York: Oxford University Press, 1998).    WorldCat      [WCat]
This comprehensive guide is the product of the Vatican Archives Project of the University of Michigan, which was conducted from 1989 to 1996.  The framework of the guide is based on the organizational structure of the Holy See. In over five hundred entries, the history, purpose and functions of each office or administrative agency are described, along with a list of the official records it produced. Inventoried documents date from the ninth century to January 22, 1922.  Records created after that date are closed to research in the archives and repositories.
Reference Sources
583. Boileau, David A., editor, Principles of Catholic Social Teaching (Milwaukee, Wis.: Marquette University Press, 1998).    WorldCat      [WCat]
Boileau's collection explores the body of Catholic social teaching from Clement XIII to John Paul II. The individual essays are thematic in approach, focusing on specifically Catholic principles developed in the pronouncements and documents of the hierarchy. There are separate chapters on the human person as the basis of social doctrine, the concept of justice, the common good, and subsidiarity. Fred Crosson's chapter focuses specifically on the American Catholic experience.
Catholic Social Teachings
584. Bokenkotter, Thomas S., Church and Revolution: Catholics in the Struggle for Democracy and Social Justice (New York: Image Books, 1998).    WorldCat      [WCat]
Bokenkottor's Church and Revolution studies the development of social justice in the Catholic Church since the French Revolution. Each of the sixteen chapters is devoted to a different prominent figure whose political and social ideals helped not only shape world civilization but influenced Catholic social teaching as well.  Some of the figures discussed in the book include Karl Marx, Henry Edward Manning and Lech Walesa.
Catholic Social Teachings
585. Brady, Bernard V., The Moral Bond of Community: Justice and Discourse in Christian Morality (Washington, D.C.: Georgetown University Press, 1998).    WorldCat      [WCat]
In this examination of moral discourse and justice, Brady's two main purposes are to explore types of moral discourse and to develop a "conceptualization"of justice influenced both by the Bible and human relationships. The author identifies four different forms of moral discourse: narrative, prophetic, ethical and policy and explores the contribution each to the concept of justice.
Catholic Social Teachings
586. Breger, Marshall, An Introduction to the Symposium on the Fundamental Agreement Between the Holy See and the State of Israel., 47 Catholic University Law Review 369-84 (1998).
In his introduction to this symposium, Breger highlights the radical change in the attitude of the Holy See toward Judaism and the Jewish people embodied the Vatican-Israel Accord of 1993.
 
587. Breshahan, James, Catholic Spirituality and Medical Interventions in Dying, in On Moral Medicine: Theological Perspectives in Medical Ethics 642-, edited by Stephen E. Lammers and Allen Verhey (Grand Rapids, Mich.: William B. Eerdmans Pub., 1998).    WorldCat  [WCat]
Bresnahan explores the dilemmas that Catholics confront when preparing for their death in this age of modern technology.  The author discusses Catholic medical ethics on euthanasia, advance directives, living wills, and durable powers of attorney, noting that Catholic moral theology teaching implies a “responsible freedom in preparation for our dying.”  Bresnahan believes that Catholics can and should use advance directives and living wills, but only with careful, prayerful reflection.   Bresnahan concludes that contemplation of Christ’s life and death should shape one’s own decisions regarding suffering and dying.
Health Law
588. Byron, William J., S.J., Ten Building Blocks of Catholic Social Teaching (1998).    WorldCat    [OclcCat] http://www.americapress.org/articles/Byron.htm
This article by the former president of The Catholic University of America originally appeared in America magazine in October of 1998 and provides a concise view of the foundations of Catholic social doctrine.
Catholic Social Teachings
589. Cahill, Lisa S., Goods for Whom?: Defining Goods and Expanding Solidarity in Catholic Approaches to Violence, 25 Journal of Religious Ethics 183-219 (1998).
Roman Catholic social ethics traditionally has affirmed moral objectivity, universal moral goods, and progressive social reform - premises that guide just war theory. In recent decades these guiding values have been challenged by contemporary critical philosophies, confessional or communitarian religious ethics, and the fact of cultural pluralism.  In the middle of this century, thinkers like John Courtney Murray gave Catholic ethics a more historical turn, while retaining an essentially realist and meliorist approach to morality and politics.  Now this confidence and optimism are questioned anew by ethnopolitical violence, the ambiguities of humanitarian intervention, and uncertain attempts at reconciliation and restoration.  Such developments show that the central quandary of Christian and political ethics is not the achievement of agreement on basic human goods; it is the expansion of the circle of solidarity in which the basic goods are shared in practice.  Cahill suggests that Christian symbols can help evoke the sense of human solidarity that is necessary to sustain peace, and that the transformative efforts toward peace in violence-torn societies can be successful.
Catholic Social Teachings/ International Law
590. Campaign for Human Development, United States Catholic Conference, Being Neighbor: The Catechism and Social Justice (Washington, D.C.: United States Catholic Conference, 1998).     http://www.usccb.org/cchd/neighb.pdf
Being Neighbor is a brief work that attempts to highlight the major features of Catholic teachings on social justice taken from the Catechism of the Catholic Church. Its stated intention is to be a “prayer resource” for individual devotion or in a study group or liturgical setting. An abridged edition is available in PDF format at http://www.nccbuscc.org/cchd/neighb.pdf.
Catholic Social Teachings
591. Carroll, Donald C., Economic Justice and American labor Law, 6 Journal of Law and Religion 201-208 (1998).
Donald Carroll provides an overview and commentary on the U.S. Bishops' Pastoral Letter on Catholic Social Teaching and the U.S. Economy.  Carroll examines the letter in the light of current U.S. federal labor policy and law on plant closings, and the U.S. bishops' advocacy for worker input into such management decisions.  Carroll expresses regret that such a position has not been adopted by administrations from either political party or by Congress. Carroll also singles out the U.S. Supreme Court, which has erected new barriers to this goal through cases such as First National Maintenance v. NLRB, 452 U.S. 666 (1981).
Labor Law
592. Charles, Rodger, St. Thomas on Private Property, in Christian Social Witness and Teaching: The Catholic Tradition from Genesis to Centesimus Annus, Volume 1 206-210, (Leominster, Herefordshire: Gracewing, 1998).    
Charles summarizes the views of St. Thomas Aquinas on private property as expressed in his Summa Theologica. He examines St. Thomas' use of natural law and his views of the right to own property and the limits on such ownership imposed by the demands of distributive justice.
Property
593. Charles, Rodger, Christian Social Witness and Teaching: The Catholic Tradition from Genesis to Centesimus Annus. Volume 1: From Biblical Times to the Late Nineteenth Century (Leominster, Herefordshire: Gracewing, 1998).    WorldCat      [WCat]
Volume 1 examines the social teachings of the Church as derived from the Old and New Testaments, the Fathers of the Church, and the theology of the Middle Ages. The volume ends with the papacy of Leo XIII. The modern period is treated in volume 2 of the set.
Catholic Social Teachings
594. Charles, Rodger, Christian Social Witness and Teaching: The Catholic Tradition from Genesis to Centesimus Annus, Volume 2: The Modern Social Teaching Contexts, Summaries, Analysis (Gracewing Publishing, 1998).    WorldCat      [WCat]
The second volume of Rodger Charles' two volume presentation of the Catholic Tradidition from Genesis to Centesimus Annus addresses the Modern Social Teaching of the Church from the reign of Pope Leo XIII through Pope John Paul II's 1991 encyclical, Centesimus Annus.
Catholic Social Teachings
595. Collett, Teresa S., Speak No Evil, Seek No Evil: Client Selection and Cooperation with Evil, 66 Fordham Law Review 1339-1381 (1998).
Collett presents an overview of the relevancy of a lawyer’s religious beliefs in the client selection process. After discussing the philosophical background in the first two sections of the article, Part III contrasts the author's interpretation of the Christian duty to avoid cooperation with evil and the application of specific principles in the client-selection process.  The author concludes that a lawyer’s religious beliefs can be determinative in his selection of clients.
Professional Responsibility
596. Curran, Charles E., Sexual Orientation and Human Rights in American Religious Discourse: A Roman Catholic Perspective, in Sexual Orientation & Human Rights in American Religious Discourse 85-100, edited by Saul M. Olyan and Martha C. Nussbaum (New York: Oxford University Press, 1998).    WorldCat  [WCat]
In contrast to the Church’s teaching, Curran sees "homosexual unions as morally good but lacking something that is found in heterosexual marriage."  Curran chooses not to examine the question of the morality of homosexuality from a Catholic perspective and instead focuses on "the Catholic understanding of the relationship between morality and law in general and how it bears on civil rights for gays and lesbians when one begins with the moral position of the hierarchical magisterium."  Curran finds that the approach to morality and the law found in Vatican II "offers a very firm foundation for laws protecting gays and lesbians against discrimination" but does not offer much support for same-sex partnership legislation.
Civil Rights
597. Destro, Robert A., Introduction to the Symposium: Law and the Politics of Marriage: Loving v. Virginia After 30 Years, 47 Catholic University Law Review 1207-30 (1998).
This paper was presented as an introduction to the 1997 conference held at Catholic University’s Columbus School of Law, commemorating the thirtieth anniversary of the Supreme Court’s decision in Loving v. Virginia, which invalidated anti-miscegenation laws in sixteen states.  Destro examines the legacy of Loving in the area of race discrimination, but also considers the extent to which it has imposed constitutional constraints on state laws restricting marriage on other grounds, particularly those that prohibit same-sex unions.
CUA Law Faculty/ Constitutional Law/ Family Law
598. Doyle, Kevin M., A Catholic Lawyer's View of the Death Penalty, 29 St. Mary's Law Journal 949-56 (1998).
Doyle, a Catholic and Capital Defender of New York State, bases his opposition to the death penalty to three factors that he maintains have a special resonance in the Catholic tradition: human beings are fallible; racism is mortally sinful; and human life is sacred. This article is a text of a short speech given by Doyle at a symposium entitled "Thoughts on Death Penalty Issues."
Criminal Law and Procedure
599. Farley, Margaret A., Response to James Hanigan and Charles Curran (On Sexual Orientation), in Sexual Orientation & Human Rights in American Religious Discourse 101-12, edited by Saul M. Olyan and Martha C. Nussbaum (New York: Oxford University Press, 1998).    WorldCat  [WCat]
Farley discusses the implications of Hanigan’s and Curran’s positions, while focusing attention on the Church’s teachings on human sexuality and the way those teachings have been applied "differentially to same-sex orientation, behavior, and relationships" as compared to heterosexual orientation, behavior, and relationships." Farley concludes that domestic partnership legislation is a response to human wants and needs and therefore supports the common good.
Civil Rights
600. Forte, David F, editor, Natural Law and Contemporary Public Policy (Washington, D.C.: Georgetown University Press, 1998).    WorldCat      [WCat]
Forte's book is a collection of essays presented at a conference at the Cleveland-Marshall College of Law at Cleveland State University in April 1996.
Jurisprudence
601. Freedman, Monroe H., Religion is not Totally Irrelevant to Legal Ethics, 66 Fordham Law Review 1299-1319 (1998).
This article is part of a symposium entitled “The Relevance of Religion to a Lawyer’s Work: An Interfaith Conference  The Legal Perspective.”  Freedman responds to several points made by another participant in the symposium, Professor Leslie Griffin, specifically her statement that “philosophical and religious ethics should have equal status in the legal profession.”  Freedman argues that religion, like legal ethics, does not provide clear-cut answers to moral dilemmas.  Freedman also observes that it is impossible to choose which religion to apply in discussions of legal ethics, noting that even people who share similar religious beliefs often cannot agree on which are the most important principles of their beliefs.  Freedman concludes that religion should remain a personal issue of morality for lawyers.
Professional Responsibility
602. Garvey, John H. and Amy V. Coney, Catholic Judges in Capital Cases, 81 Marquette Law Review 303-50 (1998).
The Catholic Church's opposition to the death penalty places Catholic judges in a moral and legal bind. While these judges are obliged by oath, professional commitment, and the demands of citizenship to enforce the death penalty, they are also obliged to adhere to their church's teaching on moral matters. Although the legal system has a solution for this dilemma by allowing the recusal of judges whose  convictions keep them from doing their job, Catholic judges will want to sit whenever possible without acting immorally. However, litigants and the general public are entitled to impartial justice, which may be something a judge who is heedful of ecclesiastical pronouncements cannot dispense. Therefore, the authors argue, we need to know whether judges are legally disqualified from hearing cases that their consciences would let them decide. While mere identification of a judge as Catholic is not sufficient reason for recusal under federal law, the authors suggest that the moral impossibility of enforcing capital punishment in such cases as sentencing, enforcing jury recommendations, and affirming are in fact reasons for not participating.  (Abstract excerpted in whole or part from the Social Science Research Network)
Civil Rights/ Criminal Law and Procedure
603. Giba-Matthews, F., A Catholic Lawyer and the Church's Social Teaching, 66 Fordham Law Review 1541-55 (1998).
The author examines the Church’s social doctrine and its implications for Catholic lawyers.  Part I discusses the "relevance of faith to a Catholic attorney’s work"; Part II provides a hypothetical scenario and recommendations for action, judgment and reflection. Giba-Matthews concludes that a Catholic lawyer may gain salvation only by finding "some expression of concern for the poor in her legal work."
Professional Responsibility/Catholic Social Teachings
604. Hanigan, James P., Sexual Orientation and Human Rights: A Roman Catholic View, in Sexual Orientation & Human Rights in American Religious Discourse 63-84, edited by Saul M.Olyan and Martha C. Nussbaum (New York: Oxford University Press, 1998).    WorldCat  [WCat]
Hanigan notes that while the Roman Catholic Church has a long tradition of thought on sexual morality and the role of the state in human affairs, it does not yet have a "well-established tradition of thought about sexual orientation." On the topic of sexual orientation and human rights, Hanigan believes that the main issue is the "role of the state in human affairs."  Hanigan examines how the Catholic religious tradition may be helpful in determining when, if ever, the government has grounds to "intrude into the sexual lives of its citizens."  Hanigan concludes that the state does not have grounds to sanction same-sex relationships and believes that Catholics should resist  "the state as the ultimate arbiter of our personal morality in our sexual lives."
Civil Rights
605. Hittinger, John P., Just War and Defense Policy, in Natural Law and Contemporary Public Policy 333-360, edited by Forte, David F. (Washington, D.C.: Georgetown University Press, 1998).    WorldCat  [WCat]
This short essay describes the application of natural law principles in the use of military force, what is often referred to as “just war.”  The author draws from the teachings of, among others, Saint Thomas Aquinas in exploring the natural law approach to war and peace.  In so doing he provides key distinctions for an understanding of natural law, offers a natural law rationale for limited war, describes the challenge of limiting modern war, and applies natural law to specific contemporary policy.  Hittinger concludes by addressing the need for further application of natural law principles to human affairs.
International Law
606. Hutter, Reinhard and Theodor Dieter, editors, Ecumenical Ventures in Ethics: Protestants Engage Pope John Paul II's Moral Encyclicals (Grand Rapids, Mich.: W.B. Eerdmans, 1998).    WorldCat      [WCat]
This work, a project of the Institute for Ecumenical Research, is a collection of essays which provides a Protestant examination of Veritatis Splendor and Evangelium Vitae, two recent moral encyclicals by Pope John Paul II. The purpose of this volume is to examine the “biblical, theological, and philosophical foundations” of the encyclicals and to explore areas of similarity between Roman Catholic and Protestant theological and ethical perspectives.
Catholic Social Teachings
607. Hyde, Henry J., Contemporary Challenges to Catholic Lawyers, 38 Catholic Lawyer 75-86 (1998).
: In this short essay Hyde, the chairman of House Judiciary Committee, addresses the increasingly negative attitude in this country towards religion and, in particular, towards Christianity.  He begins by holding up academia and Hollywood as examples of arena where religion has been systematically marginalized. Hyde critically examines the role the Supreme Court has played in "distorting, and then inverting the First Amendment's provision for a robust national religious life."  He clearly shows his disapproval for the Court's jurisprudence on law and religion by continuing this theme into a discussion of abortion and personal freedom. In concluding, he expresses his belief that attorneys will play an important role in restoring the moral content of an increasingly secular America.
Professional Responsibility
608. Kelley, Patrick J., Tort Reform, in Natural Law and Contemporary Public Policy edited by David F. Forte (Washington, D.C.: Georgetown University Press, 1998).    WorldCat  [WCat]
The author uses natural law analysis to try to shed some light on the issue of  tort reform and the inherent problems in the tort liability system.  He also seeks to avoid the usual confrontational approach adopted by special interest groups and personal injury lawyers.  Kelley refers to the work of Finnis and others in surveying the field of tort law and highlighting its problems.  In conclusion, he outlines specific reforms that should take place.
Jurisprudence/ Torts
609. Lee, Randy, The Immutability of Faith and the Necessity of Action, 66 Fordham Law Review 1455-1467 (1998).
Lee’s paper summarizes the views of an interfaith conference on the role of religion in the lives of lawyers. Lee reports that most attendees felt that although religious diversity is here to stay, religious differences should be erased in the workplace. Each faith tradition provides solace in times of stress for practitioners of the legal profession, and disregarding one’s faith in the workplace is impossible for one whose religion informs daily life. Lee concludes that a pluralistic society can be bound together in good works, and faith calls all believing lawyers to action.
Professional Responsibility
610. Lustig, B. Andrew, Reform and Rationing: Reflections on Health Care in Light of Catholic Social Teaching, in On Moral Medicine: Theological Perspectives in Medical Ethics 960-73, edited by Lammers, Stephen E. and Allen Verhey (Grand Rapids, Mich.: William B. Eerdmans Pub., 1998).    WorldCat  [WCat]
In his discussion of health care reform and rationing, Lustig examines two Catholic documents from the early 1990s:  the United States Bishops’ Resolution on Health Care Reform and the Catholic Hospital Association’s With Justice for All? The Ethics of Health Care Rationing.  Part I provides an overview of Catholic social teaching on the right to health care.  Part II begins with a discussion on how the Church’s teachings on the right to health care impacts health care reform in general.  Lustig then explores the legitimacy of health care rationing by discussing The Oregon Model of Health Care Rationing in light of With Justice for All.  Lustig concludes that although “conceptual and practical tensions” exist, Catholic social teaching on health care reform is applicable to secular policy discussions.
Catholic Social Teachings
611. Marcin, Raymond B., Natural Law, Homosexual Conduct, and the Public Policy Exception, 32 Creighton Law Review 67-81 (1998).
Marcin's article examines homosexual conduct and same-sex marriage from the perspective of the natural law theory of St. Thomas Aquinas. In his conclusion, he criticizes contemporary constitutional jurisprudence that ignores natural law as its proper foundation.
Family Law
612. Maritain, Jacques, Man and the State (Washington, DC: Catholic University of America Press, 1998).    WorldCat      [WCat]
Maritain's seminal 1951 work, developed from a series of lectures given at the University of Chicago in the late 1940's, is an attempt to retrieve a Thomistic conception of the state and man's relationship to it for the modern age. Maritain particularly focuses on the concept of natural rights, developing a framework by which rights can be reconciled with traditional natural law theory. Maritain both draws on Catholic social teaching and in turn influences it, providing an important source for Church treatment of rights in the documents of Vatican II and popes of the conciliar era.
Jurisprudence
613. Massaro, Thomas, Catholic Social Teaching and United States Welfare Reform (Collegeville, Minn.: Liturgical Press, 1998).    WorldCat      [WCat]
Massaro’s book attempts to examine the intersection of Catholic social teaching and the movement toward effective welfare reform.  The author includes chapter focusing on Catholic social teaching a guide to social policy, welfare reform efforts in the 1990s, and the specific contribution of the United States Catholic Bishops.   Massaro provides an extensive bibliography, lists of abbreviations and sources of documents of the Catholic Church.
Catholic Social Teachings
614. McGoldrick, Terence, Episcopal Conferences Worldwide on Catholic Social Teaching, 59 Theological Studies 22-50 (1998).
McGoldrick's article draws on his experience as a participant in the extensive cataloging project of Catholic episcopal conferences (1891-1991). The project was published in Fribourg, Switzerland in 1997. He identifies the major themes of the conference statements:  human rights, poverty, justice, work and dignity of the person, and discusses their order of importance in different regions of the world.  He notes that despite cultural variations in treatment of the issues, the bishops are united in asserting that the key to eradicating moral, social and economic problems lies in two fundamental principles of Catholic social teaching: solidarity and individual responsibility to serve the common good.
Catholic Social Teachings
615. Mueller, John, Taxation, in Natural Law and Contemporary Public Policy edited by Forte, David F. (Washington, D.C.: Georgetown University Press, 1998).    WorldCat  [WCat]
Mueller divides his article into three parts.  The first explores the historical and logical connection between natural law and economic theory.  In the second part, he discusses the implications of this for economic policy in general and taxation in particular. And in the third part he suggests that the plight of working families stems largely from the fact that existing tax codes violate the natural law.  In tackling these issues, the author draws heavily from the work of Schumpeter and the Augustinian view of the market.
Taxation
616. National Conference of Catholic Bishops, Living the Gospel of Life: A Challenge to American Catholics (NCCB, 1998).     http://www.nccbuscc.org/prolife/gospel.shtml
This statement by the NCCB urged protection for elderly and inform Americans against attempts to legislate permitting euthanasia and physician assisted suicide in provision for them.  "In this statement we attempt to fulfill our role as teachers and pastors in proclaiming the Gospel of Life. We are confident that the proclamation of the truth in love is an indispensable way for us to exercise our pastoral responsibility...The Gospel of Life must be proclaimed, and human life defended, in all places and all times. The arena for moral responsibility includes not only the halls of government, but the voting booth as well. Laws that permit abortion, euthanasia and assisted suicide are profoundly unjust, and we should work peacefully and tirelessly to oppose and change them. Because they are unjust they cannot bind citizens in conscience, be supported, acquiesced in, or recognized as valid. Our nation cannot countenance the continued existence in our society of such fundamental violations of human rights."
Health Law/ Bishops' Statements/ Catholic Social Teachings/ Family Law
617. Noonan, John T., Jr., Catholic Law School--A.D. 1150, 47 Catholic University Law Review 1189-1205 (1998).
Noonan uses this article to explore the study of law in the earliest of Catholic law schools. The author begins the essay be exploring a hypothetical case that was used by Gratian as a teaching tool in 12th Century Bologna. The case involves the legal status of marriage and the appearance of error. The hypothetical thus serves to introduce theology into the teaching of law. The author devotes a substantial amount of the article to answering the two legal questions posited by the hypothetical.  He concludes the piece by examining the methodology used by Gratian in his legal teaching.  In evaluating these methodologies Noonan sees missed opportunities, but not without vital argumentation and reasoning.
Catholic Dimensions of Legal Education
618. Nugent, Robert, The U.S. Catholic Bishops and Gay Civil Rights: Four Case Studies, 38 Catholic Lawyer 1-24 (1998).
Nugent asserts that the U.S. Bishops have "emphasized the distinction between homosexuality as orientation or identity and homosexuality as human sexual behavior."  He discusses four positions that various bishops have taken toward gay rights legislation, including: opposition, neutrality, cooperative opposition, and non-cooperative opposition.
Civil Rights/Constitutional Law
619. O'Donovan, Leo J., S.J., Toward Solidarity: A Brief Overview of the Catholic and Jesuit Perspective on Race and Immigration (1998).     http://www.ciaonet.org/conf/cei07a.html
This document is the text of a speech by Father O'Donovan at the Conference on Immigrants and Race that was held July 13, 1998 at Georgetown University.  The text contains an excellent short list of Catholic documents relating to immigration policy.
Immigration Law
620. Olyan, Saul M. and Martha C. Nussbaum, editors, Sexual Orientation & Human Rights in American Religious Discourse (New York: Oxford University Press, 1998).    WorldCat      [WCat]
This collection of essays derives from a conference held at Brown University in 1995. It explores the different views on sexual orientation within four major religious traditions: Judaism, Roman Catholicism, mainline Protestant churches and African- American churches.  The book concludes with two essays from the legal perspective advocating a position of state neutrality on issues such as exclusion from military service, gender bias in the public school curriculum, and the legal status of same-sex domestic partnerships.
Civil Rights
621. O'Neill, William R., S.J. and William C. Spohn, Rights of Passage: The Ethics of Immigration and Refugee Policy, 59 Theological Studies 84-106 (1998).
The authors analyze three divergent ethical perspectives on immigration and refugee policy: political liberalism, communitarianism, and Roman Catholic social thought. The authors consider the historical background and contemporary view of the economic and political status of migrants to better assess the theological and pastoral implications of world migration.
Immigration Law
622. Paris, John J. and Michael P. Moreland, A Catholic Perspective on Physician-Assisted Suicide, in Physician Assisted Suicide: Expanding the Debate 324-333, edited by Margaret P. Battin, Rosamond Rhodes and Anita Silvers (New York: Routledge, 1998).    WorldCat  [WCat]
This essay explains the Catholic understanding of life as a gift from God, something over which we have stewardship, not dominion. According to this view, it is not for us to end life when it becomes overly burdensome, difficult, or demanding. The duty to preserve life, however, is not absolute.  There is no moral obligation to utilize measures that the individual perceives to be disporportionately burdensome.  In the words of the Vatican Declaration on Euthanasia, "One cannot impose on anyone the obligation to have recourse to a technique which is not the equivalent of suicide (or euthanasia); on the contrary, it should be considered as an acceptance of the human condition, or a wish to avoid the application of medical procedure disproportionate to the results that can be expected."  Paris criticizes recent ballot initiatives aimed at allowing actions which go beyond  such refusals, however, as a killing which violates the Hippocratic Oath.  (Abstract provided by essay)
Criminal Law and Procedure
623. Pearce, Russell G., The Religious Lawyering Movement: An Emerging Force in Legal Ethics and Professionalism, 66 Fordham Law Review 1075-1297 (1998).
In this foreword to the symposium, The Relevance of Religion to a Lawyer's Work:  An Interfaith Conference,  Pearce describes the emergence of the religious lawyering movement.  In his closer look at the conference as a whole, he notes that the organizers of the conference wanted to focus on two primary questions:  "Is a lawyer's religion relevant to her work? and  if so, how?"  Pearce concludes his foreword by talking about the future of the religious lawyering movement.  An extensive bibliography is included.
Professional Responsibility
624. Saphire, Richard B., Religion and Recusal, 81 Marquette Law Review 351-63 (1998).
This article is a response to John H. Garvey and Amy Coney's "Catholic Judges in Capital Cases" (81 Marquette Law Review 303). The author maintains that "the proper relationship between religion and the judicial process" is "particularly, if not uniquely, complicated".  He commends Garvey and Coney for focusing on the legal and moral dilemmas facing judges who attempt to remain faithful to both their judicial and religious beliefs.
Criminal Law and Procedure
625. Sevilla, S.J., Bishop Carlos, The Ethics of Immigration Reform, 16 Origins 728-32 (1998).
Bishop Sevilla’s address to the University of San Francisco emphasizes the assistance and hospitality the U.S. needs to show to immigrants.  By repeated references to Catholic social teaching he stresses the global and transnational dimensions of migration and sees the U.S. role as one of advancing and defending the human dignity of migrants.  Failure to provide assistance is, in his view, a moral failure and a rejection of the church’s teachings on the human family.  He concludes by requesting that the US participate in working for the free movement of peoples.
Immigration Law
626. Shaffer, Thomas L., The Christian Jurisprudence of Robert E. Rodes, Jr., 73 Notre Dame Law Review 737-772 (1998).
The author examines the teachings and writings of Notre Dame law professor Robert E. Rodes.  In particular, Shaffer focuses on the jurisprudence contained within Rodes’ Pilgrim Law, a 1998 publication.  Among the topics highlighted by the author are Rodes’ theory of history, his view of lawyering as a new class, and the practice of law as an ideal. The piece concludes with a discussion on Rodes’ theory of legal careers.  A useful bibliography of Rodes’ work forms the appendix to this article.
Jurisprudence
627. Smith, George P., II, Family Values and the New Society (Westport, Conn.: Praeger, 1998).    WorldCat      [WCat]
Family Values is a collection of nine essays by Smith on a variety of issues arising within the context of contemporary marriage and the family. Smith explains in his Preface that, rather than include a separate chapter on religious, moral and ethical issues, he has integrated these considerations into most of the book's individual chapters.
Family Law/ CUA Law Faculty
628. Stassen, Glen H., editor, Capital Punishment: A Reader (Cleveland, Ohio: Pilgrim Press, 1998).    WorldCat      [WCat]
In this book, part of the Pilgrim Library of Ethics, Stassen has gathered together a collection of previously published essays dealing with the death penalty. This work is intended to both  present a “vigorous pro-con debate” of the issue and to use this issue to illustrate and clarify different approaches to religious ethics. The essays are divided into seven sections which deal with the many aspects of the concept of justice and the interpretation of scripture. Each article has its own endnotes.
Criminal Law and Procedure
629. Stoner, James R., Jr., Property, the Common Law, and John Locke, in Natural Law and Contemporary Public Policy 193-218, edited by David F. Forte (Washington, D.C.: Georgetown University Press, 1998).    WorldCat  [WCat]
Stoner uses this short essay to argue that the American understanding of property, until the New Deal, was informed by a mixture of two distinct sources: the common law and liberal capitalism.  He further posits that these two sources can trace their own source to two separate traditions of natural law: the one exemplified by St. Thomas Aquinas, and the other by John Locke.  The essay provides a short treatment of property according to Aquinas, German, and Locke, and explores how the seminal year of 1937 was instrumental in recognizing the need for balance between the two models.  The author concludes that attention to both models is required for a healthy balance between personal ownership and common good.
Property
630. Twiss, Sumner B., Introduction to Roman Catholic Perspectives on Sexual Orientation, Human Rights, and Public Policy., in Sexual Orientation and Human Rights in American Religious Discourse 57-62, edited by Saul M. Olyan and Martha C. Nussbaum (New York: Oxford University Press, 1998).    WorldCat  [WCat]
Twiss compares and contrasts the three viewpoints offered on the subject of sexual orientation and human rights from a Catholic perspective.  Twiss briefly summarizes each author’s position and emphasizes the controversial aspects of each position.
Civil Rights
631. United States Catholic Conference, From Alien to American: Acceptance Through Citizenship (1998).     http://www.usccb.org/comm/archives/1998/98- 101a.shtml
Statement by the U.S. Bishops on the need for comprehensive immigration reform. "As in the past, the Bishops on the NCCB Migration Committee "call on the United States Congress to recognize and support the important task of nurturing new citizens so that they may begin to play a full role in the future of this nation"2 and ask that INS be permitted to implement fully its new plans and procedures designed to avoid the problems of the past. "
Catholic Social Teachings/ Bishops' Statements/ Immigration Law
632. United States Conference of Catholic Bishops, Sharing Catholic Social Teaching: Challenges and Directions--Reflections of the U.S. Catholic Bishops (1998).     http://www.usccb.org/sdwp/projects/socialteaching/socialteaching.shtml
The U.S. Bishops describe this document as a challenge "to incorporate Catholic social teaching more fully and explicitly into Catholic educational programs." In their words it is intended as "a call to action, an appeal especially to pastors, educators, and catechists to teach the Catholic social tradition in its fullness.
Bishops' Statements/Catholic Social Teachings
633. Vitz, Paul C. and Stephen M. Krason, editors, Defending the Family: A Sourcebook (Rockford, Ill.: Catholic Social Science Press, 1998).    WorldCat      [WCat]
Defending the Family is a collection of essays devoted to the defense of the traditional family. There are chapters devoted to feminism, homosexuality, culture and family values, and child rearing. It is a publication of the Society of Catholic Social Scientists.
Family Law
634. Araujo, Robert, S.J., The Virtuous Lawyer: Paradigm and Possibility, 50 Southern Methodist University Law Review 433-492 (1997).
The author explores legal ethics through the paradigm of the virtuous lawyer. A virtuous lawyer embraces and displays the virtues of justice, prudence, courage, and wisdom in his or her legal practice. The article “demonstrate[s] that there is such a person as the virtuous lawyer who sees the correlation between the law, the legal system it produces, and the fashion in which members of society live in right relationship with one another.” The author uses the Old and New Testament to describe the need and place of the virtuous lawyer in the legal system.
Professional Responsibility
635. Attwater, Donald, editor, A Catholic Dictionary (Rockford, Ill.: Tan Books and Publishers, 1997).    WorldCat      [WCat]
The third edition of this standard work was published in 1958. Thus the main text does not reflect the contributions of the Second Vatican Council or the Revised Code of Canon Law. The editors of this "re-issue" have attempted to update many entries by inserting explanatory footnotes.
Reference Sources
636. Bradley, Gerard V., Catholic Faith and Legal Scholarship, 47 Journal of Legal Education 13-18 (1997).
In this short piece Bradley attempts to discern whether there is a distinction between Catholic legal scholarship and other types of legal scholarship (e.g. Protestant).  He points to "natural law" as probably the most Catholic feature of legal scholarship, and concludes by calling upon Catholic scholars to respect the integrity of the discipline they work in while also adhering to the Catholic tradition.
Catholic Dimensions of Legal Education
637. Brown, Dorothy M. and Elizabeth McKeown, The Poor Belong to Us: Catholic Charities and American Welfare (Cambridge, Mass.: Harvard University Press, 1997).    WorldCat      [WCat]
Brown and McKeown's book provides history of the development of Catholic charities from the Civil War through the end of World War II. While the nature and type of its charitable efforts changed as government took on a greater role in the provision of services, the authors maintain that the Church has remained committed to its essential mission as both servant and advocate of the poor.
Catholic Social Teachings
638. Castellano, John F, On Encouraging Lawyers to Serve the Poor, 37 Catholic Lawyer 359-67 (1997).
This article was originally a keynote address presented to the Volunteer Lawyers Initiative of Catholic Charities of the Diocese of Rockville Center, New York, on April 23, 1996.  The author considers his career a calling and discusses the importance of reflecting on that calling.  The author further discusses how providing assistance to the poor truly fulfills the vocation of Catholic lawyer.
Professional Responsibility
639. Cochran, Clarke E., Religious Traditions and Heath Care Policy: Potential for Democracy Discourse?, 39 Journal of Church and State 15-35 (1997).
Cochran's article develops in general terms the arguments in favor of distinctive religious voices, despite "the real danger of their public presence."
Health Law
640. Collett, Teresa S., Professional Versus Moral Duty: Accepting Appointments in Unjust Civil Cases, 32 Wake Forest Law Review 635- 670 (1997).
The author analyzes the attorney's ethical and moral obligations involving the decision to accept representation of a client. The author suggests that an attorney’s right to consider personal conscience in the client selection process should be acknowledged and protected by civil law. She further suggests that the constitutional guarantees afforded defendants can cause ethical and moral conflicts. The author explores how the ABA’s Model Rules of Professional Conduct and state ethics opinions (a Tennessee opinion is examined in detail) can create difficult ethical problems for both lawyers and the courts.
Professional Responsibility
641. Cromartie, Michael, editor, A Preserving Grace: Protestants, Catholics, and Natural Law (Grand Rapids, Mich.: W.B. Eerdmans Pub. Co., 1997).    WorldCat      [WCat]
This collection of essays examines the similarities and differences in the understanding of natural law in the Catholic and Protestant traditions.  In particular the essays tackle the question of whether natural law, as understood by each faith, can assist in reducing contention in political discourse by providing a common vocabulary.  Underlying the text is the suggestion that the two religious traditions share a fundamental Christian view of natural law.
Jurisprudence
642. Daigle, David A., Evangelium Vitae: Crossing the Threshold of Law with the Gospel of Life, Catholic Lawyer 295-337 (1997).
Daigle presents an overview of the work of John Paul II regarding human life. The author focuses on providing an insight into the teachings and thoughts of John Paul II, particularly the Pontiff’s encyclical Evangelium Vitae.  The article concludes by addressing the individual obligation of each person to stand up to a culture of death.
Jurisprudence/Civil Rights/Constitutional Law
643. Drinan, Robert F., S.J., A Challenge to Lawyers, 38 Catholic Lawyer 247-53 (1997).
In this essay, Father Drinan challenges Catholic lawyers to confront what he perceives as blatant injustices in the American legal system.  He points to the widespread discrimination in housing, education and criminal justice, and to the lack of affordable legal representation for two-thirds of the U.S. population.  He also decries the pandemic of chronic malnutrition when resources exist to end world hunger within a few years.  He calls upon Catholic lawyers to study these problems, to pray for guidance and then to initiate sustained efforts for resolution.
Professional Responsibility
644. Fox, Thomas C., Catholicism on the Web (New York: MIS Press, 1997).    WorldCat      [WCat]
This resource is a detailed annotated bibliography of web sites dealing with the Catholic Church. Chapter 10 focuses specifically on issues of peace, justice and the environment.
Reference Sources
645. Glazier, Michael and Thomas J. Shelley, editors, The Encyclopedia of American Catholic History (Collegeville, Minn.: Liturgical Press, 1997).    WorldCat      [WCat]
Over 1,500 pages in length, Glazier and Shelley's Encyclopedia is a one-volume compendium encompassing the full range of American Catholic Church history.  The individual entries include biographies of significant persons, both clerical and lay, information on Catholic institutions, and commentary on significant social and religious movements with the Church.  Most entries contain a short bibliography and some contain the text of relevant primary documents related to the entry's topic.
Reference Sources
646. Gordon, James D., III, The Importance of Religiously Affiliated Law Schools, 37 Catholic Lawyer 183-92 (1997).
Gordon speaks of the religious affiliated law schools providing a "liberating experience," where students and faculty do not "have to check their religious identity at the door." His article addresses issues of academic freedom, the role of scholarship, and the religiously affiliated law school's role in teaching professional values.
Professional Responsibility/Catholic Dimensions of Legal Education
647. Gray, Gordon L., Personal Values Within Our Profession, 38 Catholic Lawyer 279-86 (1997).
In this comment addressed to the “lawyer-layman-teacher,” Gray proposes the interjection of personal values into the practice and teaching of law.  He argues that free exercise of religion is threatened by a series of inconsistent decisions under the Establishment Clause, which have granted religious accommodation for practices of “main line” Protestant churches while denying appeals from “lesser” denominations. He also believes that increasingly, governmental action has had the effect of “privatizing” and “marginalizing” religion, and suggests that lawyers have a moral duty to resist that trend.
Professional Responsibility
648. Hinze, Christine F., What is Work For? A Catholic Ethical Response to a Crucial Issue in U.S. Welfare Reform, 11 Notre Dame Journal of Law, Ethics and Public Policy 649-665 (1997).
The author uses this essay to address the issue of whether hard work can help families escape poverty.  In particular Hinze tackles this issue in the context of recent welfare reform legislation, and discusses how modern Catholic social teaching sheds light on the welfare debate. The initial part of the article takes a close look at the rhetoric within the 1996 welfare reform legislation to see how the concept of work is discussed in relation to poverty and the American family.  The author is critical of the legislation for its lack of focus on strengthening the family and its excessive emphasis on "wage labor."  In the second part of the article, the author offers a number insights on the subject from Catholic social teaching.  In the final part of the essay the author turns to recent feminist writings and explores the impact of gender on work and welfare. This analysis is coupled with an exploration of feminist critical social theory and how it treats the issue of work, family, and welfare. The author concludes that both Catholic and feminist social theories contribute to the welfare argument by converging in a number of different areas: the need to create social policies that provide for strong family and community relations, and the realization by those in society who are economically more advantaged that the status quo may need to be altered.
Labor Law/ Catholic Social Teachings
649. Hittinger, Russell, Natural Law and Catholic Moral Theology, in A Preserving Grace: Protestants, Catholics, and Natural Law edited by Cromartie, Michael (Grand Rapids, Mich.: W.B. Eerdmans Pub. Co., 1997).    WorldCat  [WCat]
Hittinger argues that within Roman Catholic theology natural law is not controversial, though the differing emphases given to the "three foci" (natural law in the human mind, in things or nature, and in divine providence) have created disagreements.  The author suggests that the modern preoccupation with reason and certainty has tended to divorce natural law from the "divine lawgiver."  He concludes by arguing that John Paul II has restored natural law to its original place in Catholic theology.
Jurisprudence
650. Hobgood, Mary E., Poor Women, Work, and the U.S. Catholic Bishops: Discerning Myth from Reality in Welfare Reform, Journal of Religious Ethics 307-333 (1997).
The 1995 U.S. Catholic Bishops statement "Moral Principles and Policy Priorities on Welfare Reform" makes an important contribution to the welfare policy discussion and to the development of welfare ethics, particularly as the Personal Responsibility and Work Opportunity Reconciliation Act of August 1996 is implemented at the state level throughout the nation. Their statement, however, is weakened by lack of critical analysis of political economy. By examining the radical reconstruction of work, rising corporate subsidies, and the ideological function of welfare, Hobgood supports the bishops' goals while she expands the moral principles at stake and redefines the problem, and accents the political problems the bishops' proposals actually face.
Labor Law
651. Holy See. Vatican, Death Penalty and the Catechism (1997).     http://usccb.org/sdwp/national/criminal/catechism.htm
This web document contains the Vatican's changes of September 8, 1997 to the Catechism of the Catholic Church on the subject of the death penalty. Sections 2265-67 were revised to reflect the language of Pope John Paul II's 1995 encyclical, Evangelium Vitae. While recognizing the legitimate goal of civil authority to protect society, non-lethal options make resort to the death penalty "very rare if practically nonexistent." A side-by-side comparison of the revised (1997) version and the original (1992) version of the Catechism can be view at http://www.cacp.org/page587878.htm.
Vatican Documents/ Criminal Law and Procedure
652. Holy See. Vatican. Pontifical Council for Justice and Peace, Towards a Better Distribution of Land: The Challenge of Agrarian Reform (Citta del Vaticano: Libraria Editrice Vaticana, 1997).    WorldCat
            [OclcCat] http://www.vatican.va/roman_curia/pontifical_councils/justpeace/documents/rc_pc_justpeace_doc_12011998_distribuzione- terra_en.html
The purpose of this Vatican document to explore the "dramatic human, social, and ethical problems caused by the phenomenon of the concentration and misappropriation of land.” The study begins with a critical assessment of economic policy choices, such as industrialization at the expense of agriculture, the failures of agrarian reform, expropriation of the land of indigenous populations, and violence and complicity.  It moves to institutional and structural problems to be solved and the consequences of economic policies concerning land tenure. The books addresses these issue by reflecting on the message of the bible and the Church on ownership of land and agricultural development.  It closes with ideas on the necessity for agrarian reform, credit reform, and a special concern for the role and rights of women and indigenous populations.
Catholic Social Teachings/ Vatican Documents/ Property
653. Kmiec, Douglas W., Natural Law Originalism--Or Why Justice Scalia (Almost) Gets it Right, 20 Harvard Journal of Law and Public Policy 629-53 (1997).
Kmiec's article is part of a symposium on "Natural Law v. Natural Rights." While substantially agreeing with Justice Scalia that federal judges should "be guided by constitutional text and structure," Kmiec maintains that Scalia's view does not adequately acknowledge that text and structure can be best ascertained within its natural law tradition.
Jurisprudence
654. Kmiec, Douglas W., The Abolition of Public Racial Preference - An Invitation to Private Racial Sensitivity, 11 Notre Dame Journal of Law, Ethics and Public Policy 1-13 (1997).
This foreword to a symposium issue on Race and the Law outlines the basic concepts being addressed by the symposium.  at the heart of the piece is the simple question, "haven't we transcended race?"  By framing this question within the context of the articles contained in this symposium issue, Kmiec touches upon how the Supreme Court, Catholic social teaching, and empirical studies have interpreted this issue. The author concludes this forward by arguing that a color-blind society does not yet exist.
Civil Rights
655. Labrie, Ross, The Catholic Imagination in American Literature (Columbia, Mo.: University of Missouri Press, 1997).    WorldCat      [WCat]
The Catholic Imagination is a volume of literary criticism devoted to 13 Catholic authors whose works "center on Catholic belief and spirituality."  Separate chapters are devoted to each of thirteen authors, including Thomas Merton, Walker Percy, Daniel Berrigan and Flannery O’Connor.  Labrie describes the centrality to the faith of the doctrine of Incarnation, wherein human experience and the natural world are perceived as both flawed and redeemed.  He sees the doctrine as the axis upon which Catholic literature generally rests, and uses it as a framework for exploring the differences between particular authors. Labrie provides a concluding chapter in which he examines the "significance of the corpus of Catholic American writing from 1940-1980.
Reference Sources
656. Mahony, Cardinal Roger, A Call to Solidarity: A Pastoral Statement on Catholic Social Teaching and Affirmative Action, 11 Notre Dame Journal of Law, Ethics and Public Policy 79-87 (1997).
The purpose of this pastoral statement by the Cardinal Archbishop of  Los Angeles is to explore the moral and human dimensions surrounding the issue of affirmative action in the United States. The author begins by examining the Second Vatican Council's Gaudium et Spes, the landmark document which enunciated the Church's commitment to human dignity and the "character of the human person." Mahony outlines the Catholic Church's teachings on the subject and emphasizes that respect for the individual--particularly those in society who are most vulnerable--is central to the mission of the Faith.  He then posits three principles that he believes are necessary to ensure the future success of affirmative action.  Principle I discusses the continuing existence of discrimination and the need for a society unified against racism. Principle II notes that any reform of affirmative action must consider the need for the elimination of discrimination. Principle III states that society as a whole, including government, bears the responsibility for eliminating discrimination and “providing mechanisms for relief.”  The author concludes by encouraging Catholic parishes to become involved in efforts to reform affirmative action by working towards the elimination of discrimination through education and the promotion of active citizenship.
Catholic Social Teachings/ Labor Law
657. McGovern, Arthur F., S.J., Entitlements and Catholic Social Teachings, 11 Notre Dame Journal of Law, Ethics and Public Policy 445-465 (1997).
Are government entitlement programs beneficial to society or do they weaken the social fabric of our country by undermining social responsibility? Fr. McGovern examines this topic from the viewpoint of Catholic social teachings.  While the Church does not seem to endorse any particular entitlement programs, it does tend to stress social responsibility under rubrics such as "social justice" "common good" and the "diginity of every person". Encyclicals such as Rerum Novarum (1891), Quadragesimo Anno (1931) Pacem in Terris (1963), Laborem Exercens and the Second Vatican Council’s Constitution of the Modern World, Gaudium et Spes (1965) are scrutinized. While these documents do not offer any definitive answers, McGovern suggests that the church operates on a set of moral principles motivated by concern for the individual.  The appropriate remedy may be an entitlement or it may be providing appropriate support to allow the individual to help himself.
Catholic Social Teachings
658. Megivern, James J., The Death Penalty: An Historical and Theological Survey (New York: Paulist Press, 1997).    WorldCat      [WCat]
This is a comprehensive work on the historical and theological developments on the issue of capital punishment.  The book begins with a look at the death penalty in early Christianity and ends with a discussion of the issue in contemporary times.  Megivern attempts to explain how and why Christians have supported or tolerated the death penalty, particularly in early Church history.  In addition, he describes the more recent changes in attitude among Church leaders.  Throughout the book, Megivern is quite open about expressing his own adamant opposition to capital punishment.  Extensive notes and a bibliography are included in this work.  Chapter titles: The Death Penalty and Early Christianity; Movement in the Medieval Church; The Waldensian No and the Thomistic Yes; Renaissance and Reformation Dilemmas; Post-Tridentine Troubles and Tribulations; Enlightenment: Religious and Secular; From Vatican I to Vatican II; The American Context; The U.S. Catholic Bishops' Turnaround; Consolidating Consistency (1984-1990); New Setbacks and Advances (1991- 1996); Instead of a Conclusion.
Criminal Law and Procedure
659. Nader, Michael J., Towards Reconciliation and Consensus: Catholic Social Thought and Entitlements, 11 Notre Dame Journal of Law, Ethics and Public Policy 419-427 (1997).
This brief, prefatory essay by the Journal's Editor-in-Chief, serves to outline the mission of the publication and to introduce this particular issue's examination of social welfare. Nader begins by listing the reasons why his journal has decided to approach this subject from the perspective of Catholic social teaching. The essay then provides a digest of the various articles contained in the issue. Among the topics covered by the articles are the principle of subsidarity, welfare reform, and Thomistic social theory.
Catholic Social Teachings
660. Noonan, John T., Jr., The Heart of a Catholic Law School, 23 University of Dayton Law Review 7-14 (1997).
United States Circuit Judge Noonan discusses the obligation of law schools, especially Catholic law schools, to teach lawyers kindness, not just in court, but in employment practices and in dealing with clients.  The author identifies three issues that should be considered when educating lawyers: the free exercise of religion, “freedom from corruption in government,” and the sanctity of human life.  Judge Noonan then examines four cases from his own court, using each to illustrate the importance of serving with kindness.
Catholic Dimensions of Legal Education
661. Perkins, James W, Virtues and the Lawyer, 38 Catholic Lawyer 185-209 (1997).
In this article, Perkins examines what he views as an ethical crisis in the legal profession.  He suggests that the former “wise counselor” or “lawyer-statesman” ideal has been replaced by the archetype of the “lawyer-businessman,” a profit-motivated entrepreneur who sacrifices personal life for career. Perkins acknowledges ABA attempts to instill higher standards of conduct with its establishment of the Commission on Professionalism, but believes that enforcement of court-adopted rules of ethics is inadequate to overcome the “moral malaise” of the profession.  He looks for a solution in the synthesis of religious and professional values, urging lawyers to regard their work in the context of its higher spiritual purpose.
Professional Responsibility
662. Raymond, John, Catholics on the Internet (Rocklin, Cal.: Prima Pub., 1997).    WorldCat      [WCat]
This reference work is a collection of web sites on Catholicism compiled by a number of different web authors. More idiosyncratic in organization than Catholicism on the Web by Thomas Fox, it does contain a large numbers of references to interesting and useful sites.
Reference Sources
663. Russo, Charles J. and David L. Gregory, Some Reflections on the Catholic University's Tenure Prerogatives, 43 Loyola Law Review 181-213 (1997).
Russo and Gregory discuss the implications of EEOC v. Catholic University of America, in which the United States Court of Appeals for the District of Columbia rejected a sex discrimination suit by Sr. Elizabeth McDonough against the university for its denial of tenure to her.  The appeals court not only affirmed that the Free Exercise Clause forbade judicial review of the case, but also that applying Title VII of the Civil Rights Act  to CUA would be an unconstitutional intrusion into institutional religious matters precluded by the First Amendment's Establishment Clause.  The article summarizes the decision, and then reflects upon how courts may best seek to balance the tensions between institutional and individual interests in future tenure decisions at religiously- affiliated colleges and universities.
Catholic Dimensions of Legal Education
664. Ryan, Maura A. and Todd D. Whitmore, editors, The Challenge of Global Stewardship: Roman Catholic Responses (Notre Dame, Ind.: University of Notre Dame Press, 1997).    WorldCat      [WCat]
The Challenge of Global Stewardship is a collection of essays by twelve Roman Catholic scholars addressing the Church's response to environmental issues. The book's essays concern a number of general areas, including   the theoretical basis for Catholic global stewardship and  particular problems, such as population and development. A concluding section reflects on gender and stewardship.
Environmental Law
665. Scaperlanda, Michael A., Who is My Neighbor?: An Essay on Immigrants, Welfare Reform, and the Constitution, 29 Connecticut Law Review 1587-1625 (1997).
This essay takes a close look at the recent welfare reform legislation which bars most legal aliens from eligibility for various welfare benefits.  Scaperlanda argues that the Welfare Reform Act (1996) is in conflict with the Judeo-Christian perspective of our "constitutional community".  He compares the traditional judiciary-centered model of constitutional interpretation with a Catholic Christian perspective.  As an example,  he uses the Parable of the Good Samaritan to illustrate his Catholic Christian perspective of the nation's constitutional responsibility toward legal resident aliens.
Immigration Law/ Catholic Social Teachings/ Constitutional Law
666. Silecchia, Lucia A., On Doing Justice and Walking Humbly with God: Catholic Social Thought on Law as a Tool for Achieving Justice SSRN logo SSRNcat, 46 Catholic University Law Review 1163-87 (1997).
In her 1996 “Mirror of Justice” lecture at the Catholic University of America, Silecchia explores the issue of turning to law to achieve social justice as defined by Catholic social teachings.  In particular, she describes the very real link between religious tradition and the obligation to seek justice, the "cornerstone of Catholic social thought."  Silecchia discusses how Catholic social thought helps shape our views on law’s role in attaining justice by briefly describing what is meant by justice.  In conclusion, she acknowledges the role to be played by the law, but cautions that the law is a tool that must be used carefully if it is to achieve justice.
CUA Law Faculty/ Catholic Social Teachings
667. Singer, Lawrence E., Realigning Catholic Health Care: Bridging Legal and Church Control in a Consolidating Market, 72 Tulane Law Review 159-229 (1997).
Catholic health care is at a crossroads.  Faced with increasing competition in the health care industry, the Church must balance contemporary business realities and governmental regulation with its traditional mission of providing  high-quality, spiritually based care, particularly to the poor.   Singer's article begins with an overview of Catholic health care and its role in the nation's health providers, as well as the applicable Church law.  He then examines the state and federal law governing Catholic health care providers as well as the applicable Church law.  Singer concludes that the law has failed to keep up with the rapidly changing world of religious-sponsored health care and suggests how sponsors, lawmakers, and affected communities can cooperate to ensure the future of Catholic health care in the United States.
Health Law
668. University of Notre Dame Center for Continuing Education, Welfare Reform and the Catholic Church: A 'Round Table Discussion', 11 Notre Dame Journal of Law, Ethics and Public Policy 691-730 (1997).
Transcript from a “Round Table” discussion on welfare reform and the Catholic Church which was held at the University of Notre Dame's Center for Continuing Education on Saturday, February 8, 1997. The discussion followed presentations on February 6-7 from various individuals and scholars involved with both social services and the Catholic Church. The February 8th gathering was sponsored by the Notre Dame Law School's Thomas J. White Center on Law & Government, the United States Catholic Conference, and the Notre Dame Institute for Scholarship in the Liberal Arts.  Participants included Bishop William Murphy, Rev. Bryan Hehir, Brian Benestad, John Carr, Patricia King, Rev. Michael Baxter, C.S.C., David Schindler, Rev. John Langan, S.J.,  Rev. Arthur McGovern, Louis Nanni, Janice Pilarski, Patrick Fagan, Stanley Carlson- Thies, John Roos, Cathleen Kaveny, John H. Robinson,  Nancy Wisdo,  Msgr. Joseph Semancik. Msgr. William Fay
669. Wagner, William J., Christianity and the Civil Law: Secularity, Privacy, and the Status of Objective Moral Norms, 71 St. John's Law Review 515-41 (1997).
Relying primarily on the writings of St. Thomas Aquinas and St. Augustine, Wagner maintains that "Catholics must retrieve and renew their distinctive understanding of the relationship between civil law and objective morality." He addresses the two most common contemporary arguments against applying objective moral norms to public policy issues: that the law is secular and that "religious" values have no application and that privacy rights place many issues beyond the scope of moral norms derived from religion.
CUA Law Faculty/ Jurisprudence
670. Walle, Grace M., F.M.I., Doing Justice: A Challenge for Catholic Law Schools, 28 St. Mary's Law Journal 625-634 (1997).
Walle reflects on what she calls lawyers "doing justice" - justice in the active tense.   Walle contends that a proper implementation of justice in the legal community begins with understanding justice, "not as a utopian theory, but rather as an attainable goal."   In the first part of the essay, Walle conducts an overview of the biblical notion of justice.  In the secon d part, Walle shows that biblical justice involves both the sense of community taught in the Old Testament and the New Testament, which contrasts with the individual and rights oriented systems of justice in the U.S.  In the last part, Walle explains the role of the Catholic law school in the implementation of biblical justice.
Catholic Dimensions of Legal Education
671. Warner, Michael, From Subsidiarity to Subsidies: America's Catholic Bishops Re-Orient Their Teaching on Society and Entitlements, 1966-1986, 11 Notre Dame Journal of Law, Ethics and Public Policy 581-603 (1997).
In the wake of the USCCB's shift to outspoken advocacy of government subsidies for the poor in their pastoral letter Economic Justice For All - largely the product of a replacement of the traditional Catholic Thomistic philosophical template with a newer, phenomenological one - Warner examines this evolution of the U.S. bishop's social teaching. The bishops' thought matters, Warner contends, for Catholic and non-Catholic Americans because the bishops have worked harder than anyone in the United States to devise a system of principles for governing national life based upon the application of Christ's command to love thy neighbor.  For eight decades the bishops have collectively spoken on all phases of public policy. If prudence and forethought matter to the public life of a democracy, then the bishops' statements merit the attention of anyone interested in the possibilities and problems of applying Christian principles to society as a whole.
Catholic Social Teachings
672. Williams, Oliver F., editor, The Moral Imagination: How Literature and Films Can Stimulate Ethical Reflection in the Business World (Notre Dame, Ind.: University of Notre Dame Press, 1997).    WorldCat      [WCat]
Williams has compiled a collection of papers presented at the "How Literature and Films Can Stimulate Ethical Reflection in the Business World" conference in 1996. The "volume draws on the contemporary revival of narrative theology to make the wider point that all experience has a narrative quality."  The essays are divided into three parts: Part One, Some Models for Effective Teaching About the Good Life; Part Two, Toward a Better Understanding of Ourselves and Our Times, and Part Three, The Business World: Shaping our Vision of the Good Life. Chapter seven focuses on scenarios involving lawyers and business persons.
Corporations
673. Wilson, Rodney, Economics, Ethics, and Religion: Jewish, Christian, and Muslim Economic Thought (New York: New York University Press, 1997).    WorldCat      [WCat]
The author's intent in this work on economics and comparative religion is "to make a contribution to the cross-fertilization of ideas that is occurring where these disciplines meet." He believes that theological contributions should not be ignored and he states that "an understanding of religious teaching helps put ethical issues, including those involving economic relations, in a fuller perspective." Chapter 3 discusses Christianity and explores Christian approaches to economic issues in the Bible, early Christianity, Scholasticism, and our contemporary industrialized and global economy.
Property/Contracts/Corporations/Commercial Transactions
674. Wilson, Rodney, Economic Perceptions of Early Christian Saints and Scholars, in Economics, Ethics, and Religion: Jewish, Christian, and Muslim Economic Thought 76-9, (New York: New York University Press, 1997).    WorldCat  [WCat]
This chapter of Wilson's book notes the "many notable contributions by saints and scholars (of the early Church) on economic matters." He focuses particularly on St. Augustine and his views of "trade, profit, and wealth, as well as the institutional arrangements for creating and distributing wealth."
Commercial Transactions/ Property/ Contracts
675. Wilson, Rodney, The Changing Nature of Catholic Economic Debate, in Economics, Ethics, and Religion: Jewish, Christian, and Muslim Economic Thought 106-12, (New York: New York University Press, 1997).    WorldCat  [WCat]
In this section of his book, Wilson discusses two major works: the pastoral letter of the National Conference of Catholic Bishops, Economic Justice for All and The Spirit of Demographic Capitalism by Michael Novak. He views both works as major contributions to the Catholic debate on economic issues.
Property/Contracts/Corporations/Catholic Social Teachings
676. Witte, John, Jr., From Sacrament to Contract: Marriage, Religion, and Law in the Western tradition (Louisville, Ky.: Westminster John Knox Press, 1997).    WorldCat      [WCat]
The author's introduction states that the aim of the book is to explore "the interplay among law, theology, and marriage in the West." Chapter 1 discusses marriage as a sacrament in the Roman Catholic tradition. It focuses specifically on biblical and patristic sources, medieval canon law and the Council of Trent. Subsequent chapters compare the theology of marriage in the Lutheran, Calvinist and Anglican traditions. The final chapter addresses marriage as a civil contract during the Enlightenment and in Anglo-American law. Endnotes and a bibliography are included.
Family Law
677. Allegretti, Joseph G., The Lawyer's Calling: Christian Faith and Legal Practice (New York: Paulist Press, 1996).    WorldCat      [WCat]
Allegretti examines Christian attitudes toward law and the conflicts that Christian lawyers face. He argues that Christian lawyers need to work toward achieving a balance between the traditional image of their role and their faith.  Using H. Richard Niebuhr’s model, Allegretti "presents several models that operate to shape the lives of Christian lawyers."  Allegretti discusses the various approaches a Christian lawyer might take and how some are more compatible with Christian values than others.
Professional Responsibility
678. Araujo, Robert, S.J., "The Harvest is Plentiful, But the Laborers are Few": Hiring Practices and Religiously Affiliated Universities, 30 University of Richmond Law Review 713-780 (1996).
Ex Corde Ecclesiae, Pope John Paul II's Apostolic Constitution, calls for the preservation of a distinctly Catholic identity in Catholic colleges and universities. Araujo's article focuses on three labor law issues that may be of concern: the legality of employment practices which take into account the religious mission of the school; the appropriateness of interview questions that address religious belief; and affirmative action and apostolic preference schemes.
Catholic Dimensions of Legal Education
679. Barlow, Chuck D., Why the Christian Right Must Protect the Environment: Theocentricity in the Political Workplace, 23 Boston College Environmental Affairs Law Review 781-828 (1996).
Barlow argues that politically active Christians have a responsibility to protect the environment.  He proposes a theory of environmental protection based on a critical interpretation of Scripture, using biblical texts and analysis based on the evangelical Protestant tradition.  Part V of the article offers models of Christian responsibility toward the environment.
Environmental Law
680. Beggs, Gordon J., Defend the Rights of the Poor, 37 Catholic Lawyer 1-8 (1996).
In this brief piece the author addresses the issue of reductions in funding for legal aid services to the poor.  He begins by outlining the government's proposals to reduce spending, and then provides evidence from Scripture demanding justice for the impoverished.  Beggs concludes with his vision of Christian legal services. In it the rights of the poor are defended and a gateway to the Church is provided for those less fortunate individuals in society.
Professional Responsibility
681. Boyle, John, Just War Thinking in Catholic Natural Law, in The Ethics of War and Peace: Religious and Secular Perspectives 40-53, edited by Nardin, Terry (Princeton, N.J.: Princeton University Press, 1996).    WorldCat  [WCat]
Boyle argues that war can be justified if the goal is eventual peace.  By applying moral standards to any action, even war, the action can be justified.  The author expands this theory by describing the grounds for war, the motive and intention of the warring parties and the issue of conscientious objection.
International Law/Constitutional Law
682. Catholic Bishops' Conference of England and Wales, The Common Good and the Catholic Church's Social Teaching (1996).     http://www.catholic- ew.org.uk/content/download/2013/13442/file/THE%20COMMON%20GOOD%20AND%20THE%20CATHOLIC%20CHURCH_1996.pdf
This extensive statement by the Bishops' Conference of England and Wales presents a comprehensive view of the Church's social teaching in the specific context of the United Kingdom. The document consists of two parts. Part One examines the basic principles of Catholic social teaching and the history of its development. Part Two addresses specific issues in contemporary British society, including political involvement, right to life issues, ownership and property, the economy and concern for the poor, and the political changes brought on by the emergence of the European Union. Document available at: http://www.osjspm.org/cst/britbish.htm
Catholic Social Teachings/Bishops' Statements
683. Christiansen, Drew and Walter Grazer, editors, And God Saw That It Was Good: Catholic Theology and the Environment (Washington, D.C.: United States Catholic Conference, 1996).    WorldCat      [WCat]
In responding to the U.S. bishops' call to theologians, ethicists and scholars to help research and articulate a Catholic ecological ethic, the editors have compiled this book of contemporary essays.  The essays serve to provide a comprehensive overview of Catholic social teaching as it relates to the environment.  The essays go beyond the traditional Catholic approaches to creationism and stewardship and offer views on today’s pressing environmental concerns from a Catholic perspective.
Environmental Law
684. Collett, Teresa S., Sacred Secrets or Sanctimonious Silence, 29 Loyola of Los Angeles Law Review 1747-1759 (1996).
This article is part of a symposium entitled “Executing the Wrong Person: The Professionals’ Ethical Dilemmas.”  The symposium posed a hypothetical problem in which a criminal (Ben Jones) confesses to a murder for which another man is about to be executed.  Jones confesses to his attorney, a priest and a psychiatrist.  Collett examines the professional obligations of the priest, noting that Jones did not confess to the priest during the Sacrament of Penance and Reconciliation.  If he had, then canon law forbids the priest from disclosing the confession. Collett discusses the possible consequences of disclosing Jones’ confession, applying the rule governing professional secrets.  Collet also discusses the seal of confession, its benefits to the confessor, the priest, and the church, and why the priest cannot violate it.
Professional Responsibility/ Criminal Law and Procedure
685. Collett, Teresa S., To be a Professing Woman, 27 Texas Tech Law Review 1051-1060 (1996).
In the symposium entitled “Faith and the Law” contributors were asked to discuss their religious beliefs and how they conflict with or contribute to their professional lives.  In her essay Collett discusses the need for creativity and honesty when dealing with clients, the importance of building up a sense of Christian community within the workplace, and the need to treat our families with love and justice.  Collett, who practiced law before becoming a professor, explores the challenges of meeting these requirements both in the law firm and the law school setting.
Professional Responsibility
686. DeCosse, David E., Beyond Law and Economics: Theological Ethics and the Regulatory Takings Debate, 23 Boston College Environmental Affairs Law Review 829-49 (1996).
From the perspective of Catholic theology, DeCosse seeks to provide an ethical analysis of the ongoing struggle between private property and public regulatory authority.  The author begins with a description of the status of current takings legislation and then launches into an overview of the Catholic theories of private property and the environment.  He concludes by suggesting that Catholic social ethics can offer solutions when personal and public concerns conflict.
Property/Environmental Law
687. Finn, Daniel R., Just Trading: On the Ethics and Economics of International Trade (Nashville: Abingdon Press, 1996).    WorldCat      [WCat]
The complexities of today’s international trade agreements forms the background for this discussion of the moral, ethical and economic implications of trade between nations.  Finn attempts to see through much of the rhetoric that exists on both sides of the international trade argument and seeks to offer a voice of reason.  While acknowledging the merits of both the left and right--the one seeking assistance for the underprivileged through trade laws, the other seeking self-sufficiency for the underprivileged through trade laws-- Finn looks for a higher ground where both arguments are weighed and focus is placed on the realities of trade in today’s global market
International Law
688. Finnis, John, The Ethics of War and Peace in the Catholic Natural Law Tradition, in The Ethics of War and Peace: Religious and Secular Perspectives 15-39, edited by Nardin, Terry (Princeton, N.J.: Princeton University Press, 1996).    WorldCat  [WCat]
Finnis examines the conception of war and peace according to the Catholic tradition of natural law theory.  Finnis discusses motives and grounds for war, and conduct of war.  Finnis notes that the tradition is still developing but finds that war is justified only as defense.
International Law/Constitutional Law
689. Gasparski, Wojciech and Leo V. Ryan, editors, Human Action in Business: Praxiological and Ethical Dimensions (New Brunswick, N.J.: Transaction Publishers, 1996).    WorldCat      [WCat]
This is a collection of articles on business ethics. Of particular note are: "Pope John Paul II and Business Practice" by Robert G. Kennedy; "Addresses to Managers, Business People, and General Audiences" by John Paul II; "Catholic Morality and the Knowledge Society: The Shifting Terrain of Business Ethics" by Dennis P. McCann.
Corporations/Commercial Transactions
690. Ikemoto, Lisa C., When a Hospital Becomes Catholic, 47 Mercer Law Review 1087-1134 (1996).
Ikemoto discusses the implications for local health care when a Catholic hospital merges with a non-Catholic one.  In Part I, Ikemoto describes the role of Catholic hospitals in health care both on a national level, and with respect to rural areas. In Part II, Ikemoto discusses the relations between business and doctrine in Catholic/non-Catholic hospital alliances. In Part III, she attempts to expose the mechanisms that define the needs of the many and devalue the needs of the few.  Ikemoto describes the Ethical and Religious Directives that shape Catholic healthcare, the justifications for trading women's health choices for the other benefits of such an alliance. In Part IV Ikemoto details her efforts to collect strategies and ideas that others have developed, in hopes of fostering community dialogue and open the negotiating process to the community.
Health Law
691. Kennedy, Robert G., Pope John Paul II and Business Practice, in Human Action in Business: Praxiological and Ethical Dimensions 115-18, edited by Wojciech Gasparski and Leo V. Ryan (New Brunswick, N.J.: Transaction Publishers, 1996).    WorldCat  [WCat]
Kennedy provides a brief introduction to the Pope’s collected addresses on the topic of business practices.  In so doing he argues that three fundamental points about humans underlie the Pope’s teachings in business.  First, each person possesses a certain undeniable level of dignity. Second, humans are social by nature and will always form communities and associations. Finally, all human persons are called to work as collaborators with God in the unfolding of creation. The author concludes by stating that John Paul II sees the economic world as a dimension of life in which humans collaborate with each other and with God to become more fully human.
Contracts/Corporations/Commercial Transactions
692. Kmiec, Douglas W., Is American Democracy Compatible with the Catholic Faith?, 41 American Journal of Jurisprudence 69-79 (1996).
Kmiec argues that there is theoretical and structural compatibility between American democracy and Catholicism.  By referencing the work of Schindler the article argues that freedom of religion is not indifference toward religion but rather the freedom to pursue religion.  Kmiec concludes by asserting that while the body of law enacted pursuant to the Constitution is imperfect in so far as it is sometimes in conflict with the Catholic faith, the fundamental legitimacy of the American system is not undermined.  Each individual is called upon to work within the democratic framework and help correct any erroneous applications of principle.
Jurisprudence/Catholic Social Teachings
693. Kostielney, Monica, Understanding Justice with Clarity, Civility, and Compassion: Reflections on Selected Biblical Passages and Catholic Church Teachings on the Death Penalty, 13 Thomas M. Cooley Law Review 967-76 (1996).
Sister Monica Kostielney reflects on the Catholic Church's position on capital punishment as it is derived from the Old and New Testament and Church documents. The focus of her article is on the growing opposition by current Church leaders to the use of the death penalty. In her final statement, she remarks that "the Catholic Church will be unwavering in its opposition to the death penalty, as unwavering as God's love for all humanity."
Criminal Law and Procedure
694. Lee, Randy, Catholic Legal Education at the Edge of the Millenium: Do We Still Have the Spirit to Send Forth Saints, 31 Gonzaga Law Review 565-590 (1996).
Lee examines Professor Thomas L. Shaffer’s contention that most religiously- affiliated American law schools are secular in character. The author emphasizes the Catholic community's responsibility to prepare attorneys to defend, heal, build, and spread justice by fostering a new generation of lawyers who embrace the example of Saint Thomas More.
Catholic Dimensions of Legal Education
695. McCann, Dennis P., Catholic Morality and the Knowledge Society: The Shifting Terrain of Business Ethics, in Human Action in Business: Praxiological and Ethical Dimensions 213-30, edited by Wojciech Gasparski and Leo V. Ryan (New Brunswick, N.J.: Transaction Publishers, 1996).    WorldCat  [WCat]
The author outlines a praxiological response to the new market economies which are driven by a convergence of technology and the rise of the "knowledge-based society." McCann provides a brief overview of the Catholic Church’s social teachings as they respond to the knowledge-based society.  Throughout the piece he relates the experience of Catholics in the new capitalist countries of Eastern Europe with the American Catholic experience.  He sees hope that the new economic anxieties generated by recent changes provide opportunities for praxiological development.
Corporations
696. Miles, Veryl V., Assessing Modern Bankruptcy Law: An Example of Justice, 36 Santa Clara Law Review 1025-54 (1996).
In this article Miles considers how well modern bankruptcy law measures up to concepts of justice that have evolved from Catholic social thought.  The author begins with an understanding of the meaning of "justice" and the tradition of Catholic social thought with reference to Aquinas and Rerum Novarum.  She then progresses to a discussion of bankruptcy law and its development as a response to perceived inequities within society.  The penultimate part of the article brings the two concepts together: bankruptcy and Catholic social thought.  In conclusion, the author argues that the purpose of all laws should be to serve the common good, and that it behooves legislators and others to formulate bankruptcy laws that adhere to this goal.
Bankruptcy/Commercial Transactions/Catholic Social Teachings
697. Muise, Robert J., Professional Responsibility for Catholic Lawyers: The Judgment of Conscience, 71 Catholic Lawyer 771-98 (1996).
When faced with ethical quandaries, the author maintains that the lawyer relies on his conscience as his "ethical compass." This article explores the Catholic view of conscience and the Church's guidance on its nature and its proper formation.
Professional Responsibility
698. Musto, Ronald G, Catholic Peacemakers: A Documentary History (New York: Garland Pub, 1996).    WorldCat      [WCat]
This two volume set reprints documents from scripture, patristic and medieval authors, and modern Catholic writers and Church leaders on the subject of peace. Volume One ends with the early Middle Ages; Volume Two (published in two books) completes the collection.  The Documentary History serves as a companion to the earlier The Catholic Peace Tradition (Orbis, 1986), and The Peace Tradition in the Catholic Church (Garland, 1987).
Reference Sources/ International Law
699. Nardin, Terry, editor, The Ethics of War and Peace: Religious and Secular Perspectives (Princeton, N.J.: Princeton University Press, 1996).    WorldCat      [WCat]
Nardin's collection of essays comprise a wide-ranging discussion of the ethical and religious issues of war and peace. The essays are comparative in nature, examining peace issues from Catholic, Protestant, Jewish and Islamic perspectives. Of particular note are the first two chapters: "The Ethics of War and Peace in the Catholic Natural Law Tradition" by John Finnis and "Just War Thinking in the Catholic Natural Law" by Joseph Boyle.
International Law/Constitutional Law
700. Panzer, Joel S, The Popes and Slavery (New York: Alba House, 1996).    WorldCat      [WCat]
Panzer’s book refutes the claims of scholars who claim that the Catholic Church’s made no stand against slavery before 1890.  Chronologically, Panzer traces the history of papal writings condemning racially- based slavery and the slave trade from Pope Eugene IV’s Sicut Dudum of 1435 to Pope Leo XIII’s Catholicae Ecclesiae of 1898.  The appendices contain several Instructions of the Holy Office and documents of the Papal Magisterium against slavery. Also included are a chronology, a selected bibliography, and Pope John Paul II’s speech at Gorée in Senegal.
Civil Rights
701. Poorman, Mark L., editor, Labors from the Heart: Mission and Ministry in a Catholic University (Notre Dame, Ind.: University of Notre Dame Press, 1996).    WorldCat      [WCat]
Poorman's collection of essays attempts to find the true meaning of a Catholic university’s identity.  Written by various faculty, administrators and alumni of the University of Notre Dame, the essays offer personal perspectives of working in a Catholic university in today’s society. The book argues that by weaving the life of education, church, university tradition and service, a Catholic university’s mission is achieved.
Catholic Dimensions of Legal Education
702. Regan, Richard J., Just War: Principles and Cases (Washington, D.C.: Catholic University of America Press, 1996).    WorldCat      [WCat]
This text is divided into two separate, yet complementary, parts: a basic understanding of the principles of just war theory in the modern context, and eight case studies and questions applying the just war principles outlined in the first part.  In the first section, Regan focuses on the role of the United Nations in contemporary just war theory, and explores in detail the causes often posited for justifying military engagement.  Included within this discussion is a short treatment of the use of weapons of mass destruction. The second part uses the major military campaigns of the past century to present questions regarding the moral and ethical implications of these wars.  The reader is invited to consider the implications of both action and inaction in exploring these issues.
International Law
703. Shaffer, Thomas L., Surprised by Joy on Howard Street, in Labors from the Heart: Mission and Ministry in a Catholic University 221-230, edited by Poorman, Mark L. C.S.C. (Notre Dame, Indiana: University of Notre Dame Press, 1996).    WorldCat  [WCat]
After teaching law full-time for thirty-one years, Shaffer came to the realization that he could be doing more to serve the poor community by directly helping them with legal matters.  He became a supervising attorney at Notre Dame’s legal aid clinic.  Shaffer emphasizes that their clients come first and that he and his fellow attorneys at the clinic do more than just provide legal counsel:  they celebrate milestones with their clients and their student lawyers make house calls.  Shaffer discusses the importance of teaching and mentoring the students and younger lawyers, the challenges his office faces, and the need to involve private lawyers in pro bono work.
Catholic Dimensions of Legal Education
704. Shaffer, Thomas L., On Lying For Clients, 71 Notre Dame Law Review 195-213 (1996).
Shaffer examines the issue of lying for clients by presenting stories that give examples of when good people lie.  For instance, he uses the Old Testament story of Elisha who lies to save himself and the city from the Syrian army.  Shaffer finds a further example in popular American literature of a good lawyer who lies, the heroic contemporary figure of  Atticus Finch in To Kill a Mockingbird.  By looking at these and other examples, Shaffer suggests that truth is understood in the context of human connections as well as from an analysis of rules and principles.  At the end of his article, Shaffer urges readers not to focus on the conclusions he draws, but to consider stories as a source for contemplation on ethical issues.
Professional Responsibility
705. Welcome to the Catholic Church, (Gervais, Or.: Harmony Media Inc., 1996).    
This computer optical disc includes an illustrated Catholic Bible, Catholic encyclopedic dictionary, all Vatican II documents, and other selections.
Vatican Documents/ Reference Sources
706. Witte, John Jr., and Johan D. van der Vyver, editors, Religious Human Rights in Global Perspective : Religious Perspectives (Grand Rapids, MI: Eerdmans, 1996).    WorldCat      [WCat]
Part of the Emory University Studies in Law and Religion series. This collection of 22 essays examines the question of religious liberty and human rights from the perspective of the major world's religious traditions. Essays which touch in particularl in the role of Catholic social teaching include "Religious dimensions of human rights" by Martin E. Marty, "Religious rights: an historical perspective" by Brian Tierney, "Religious activism for human rights : a Christian case study" by J. Bryan Hehir, "Human rights in the church" by William Johnson Everett, and "Thinking about women, Christianity and rights" by Jean Bethke Elshtain.
Civil Rights/ Catholic Social Teachings/ Jurisprudence
707. Wogaman, J. Philip and Douglas M. Strong, editors, Readings in Christian Ethics: A Historical Sourcebook (Louisville, Ky.: Westminster John Knox Press, 1996).    WorldCat      [WCat]
This collection gathers together primary sources in order to assist students of ethics with the “discovery of the relevance of Christian history.” The work is divided into five parts: Early Christianity, Medieval Christianity, the Reformation Era, Christian Ethics in the Eighteenth and Nineteenth Centuries and Christian Ethics in the Twentieth Century. Christian Ethics in the Twentieth Century, the largest section of the book, deals with the most recent developments and includes documents written by variety of modern theological writers, including Walter Rauschenbusch and Dietrich Bonhoeffer.
Catholic Social Teachings
708. Alberigo, Giuseppe, editor, History of Vatican II (Maryknoll, NY: Orbis, 1995).    WorldCat    [OclcCat]
This comprehensive history of the Second Vatican Council is projected for five volumes. Volumes 1-3 have been published to date. Volume I covers the preparations for the Council from its announcement by Pope John XXIII on January 25, 1959 through the opening of the Council on October 10, 1962. Volume II examines the First Session amd its intersession period; Volume III addresses the Second Session and its intersession period. The History of Vatican II is the work of team of European scholars working under the editorship of Giuseppe Alberigo. Increasingly controversial in recent years, the History of Vatican II nonetheless has been highly influential in providing a hermeneutic for understanding the history and documents of the Council.
Reference Sources
709. Aldave, Barbara B., The Reality of a Catholic Law School, 78 Marquette Law Review 291-96 (1995).
Aldare, the former Dean of St. Mary's Law School, states that the uniqueness of Catholic law schools is "that they view the advancement of the reign of God as their principal business--as the ultimate rationale for all that they do." Furthermore, she maintains that the genuine measure of a Catholic law school's success is not how much money their graduates earn, but rather how graduates "integrate their religious faith into their professional and personal lives."
Catholic Dimensions of Legal Education
710. Araujo, Robert, S.J., Thomas Aquinas: Prudence, Justice, and the Law, 40 Loyola Law Review 897-922 (1995).
Araujo, a professor of law at Gonzaga University, explores Thomas Aquinas’ contributions to the development of natural law and the value of these contributions in modern America.   He first considers how  Aquinas’ discussions of law in the Summa Theologicae have informed the use of natural law principles in questions of morality and equality.  Araujo then considers Aquinas’ discussions of justice and prudence and the contribution of these virtues to the development of Thomistic natural law.  Finally, Araujo inspects the application of natural law in Regents of the University of California v. Bakke.  Aquinas’ insights, he argues, are vitally important in the struggle to balance individual rights against the common good.
Jurisprudence
711. Barry, Robert L., The Development of the Roman Catholic Teachings on Suicide, 9 Notre Dame Journal of Law, Ethics and Public Policy 449 (1995).
Barry traces the history of suicide to show how the Catholic Church's position developed and provide an understanding of both the historical foundations of this position and the contemporary assisted suicide movement.  Barry suggests that suicide was a common and intractable problem in ancient society, and that the only western society to become substantially free from suicide was medieval Christian society.  Suicide reemerged in the Renaissance, as well as in the Rationalist and Romantic eras, and is now one of the great unresolved issues in western, secular, liberal society.
Catholic Social Teachings/ Health Law/ Criminal Law and Procedure
712. Canavan, Francis, Political Choice and Catholic Conscience, in The Pluralist Game: Pluralism, Liberalism, and the Moral Conscience 149-57, (Lanham, Md.: Rowman & Littlefield, 1995).    WorldCat  [WCat]
Canavan begins with a very brief overview of the history of the state as perceived by the Catholic Church, and the slow recognition of the state by the Church.  His focus, however, is on the writings of Francisco Suarez, who argues that man’s spiritual welfare is not within the domain of the state. The natural and proper function of the state is to provide for the secular well being of the civil community.  Canavan agrees with this argument but offers the idea that the moral judgment of the people influences those factors perceived as purely secular. Thus the Catholic conscience should and does play a role in the affairs of state.
Jurisprudence
713. Collett, Teresa S., Teaching Law as a Profession of Faith, 36 South Texas Law Review 109-117 (1995).
In reviewing Mark Schwehn’s book, Exiles from Eden: Religion and the Academic Vocation in America, Collett discusses the higher education crisis and what she believes is the cause:  the fact that a large number of academic leaders no longer believe in the existence of objective truth.  Collett explores the opinions of Christian theorist Parker Palmer on objective truth, contrasting his beliefs with those of “militant secular humanist” Richard Rorty.  Collett concludes that higher education and law schools in particular must embrace three articles of faith:  that objective truth does exist, that some aspects of it can be described, and that those descriptions are relevant to lawyers as well as scholars.
Catholic Dimensions of Legal Education
714. Destro, Robert A., ABA and  AALS Accreditation: What’s 'Religious Diversity' Got To Do With It?, 78 Marquette Law Review 427-79 (1995).
Destro summarizes the content of his article: “The subject of this essay is whether, and under what circumstances, the religious commitment of an institution should become an issue in the law school accreditation process.”  He candidly admits that there is tension inherent in the process of accreditation (particularly with institutions that have religious affiliations), and he closely examines the issues that arise in this process.  In fact, Destro proposes that a self-study of the “accreditation norms” of the ABA and the AALS should be required.   He includes a detailed self-study framework to further explore the issues related to this topic of discussion.
CUA Law Faculty/ Catholic Dimensions of Legal Education
715. Doerflinger, Richard M., The Good Samaritan and the "Good Death": Catholic Reflections on Euthanasia, 11 Issues in Law & Medicine 149-58 (1995).
This short piece attempts to define the role of the “good Samaritan” in an age when euthanasia is becoming more accepted.  By using the parable as the basis for the article, the author argues that even though it may appear to be the humane option, euthanasia is not an option for the Christian.
Health Law
716. Ederer, Rupert J., Economics as if God Matters: A Century of Papal Teaching Addressed to the Economic Order (South Bend, Indiana: Fidelity Press, 1995).    WorldCat      [WCat]
Ederer, a Catholic economist, provides commentary on seven papal encyclicals:  Rerum Novarum, Quadrigesimo Anno, Mater et Magistra, Populorum Progressio, Laborem Exercens, Sollicitudo Rei Socialis, and Centesimus Annus.  He states that all seven of these encyclicals addressed to the economic order are still timely and relevant.  The purpose of his writing is to generate renewed interest in the study and application of the teachings of these encyclicals to the circumstances of the present day.
Catholic Social Teachings
717. Gardner, E. Clinton, Justice and Christian Ethics (New York: Cambridge University Press, 1995).    WorldCat      [WCat]
Gardner discusses the "meaning and foundations of justice in modern society" from a theological perspective, with a focus on the "interaction of religion and law in their common pursuit of justice."  Gardner examines selected texts that influenced the formation of the Western tradition of justice, starting with Aristotle and Aquinas.  Gardner then examines the "relationships between justice, law, and virtue in Puritanism, in Locke, and in the founding documents of the American Republic."  Gardner concludes that justice can be interpreted from a covenantal perspective that includes law and virtue, human rights and the common good.
Jurisprudence
718. Grasso, Kenneth L., Gerard V. Bradley, and Robert P. Hunt, editors, Catholicism, Liberalism, and Communitarianism: The Catholic Intellectual Tradition and the Moral Foundations of Democracy (Lanham, Md.: Rowman & Littlefield, 1995).    WorldCat      [WCat]
This collection of articles seeks to explore the contribution of Catholic social thought to a contemporary American public philosophy. The essays examine Catholic social documents, key concepts, and intellectual movements.
Jurisprudence
719. Hallett, Garth, Greater Good: The Case for Proportionalism (Washington, D.C.: Georgetown University Press, 1995).    WorldCat      [WCat]
Hallett expands on an idea he developed in an earlier work, that Christian moral reasoning, if it is to be "both consistent and true to its past, must be based on the balance of values; value-maximization must be its logic and its law."  Hallett proposes to develop this idea further and to provide a "thorough, systematic exposition and defense of a proportionalist position in Christian ethics."
Jurisprudence
720. John Paul II, Pope (Karol Wojtyla), Encyclical Letter Evangelium Vitae: On the Value and Inviolability of Human Life (Washington, DC: United States Catholic Conference, 1995).    WorldCat      [WCat]  http://www.vatican.va/holy_father/john_paul_ii/encyclicals/documents/hf_jp-ii_enc_25031995_evangelium- vitae_en.html
Evangelium Vitae ("The Gospel of Life") is John Paul II's 1995 encyclical on the dignity of the human person and the sacredness of human life. Chapter III of Pope John Paul II's 1995 encyclical, entitled "You shall not kill: God's Holy Law," addresses the issue of the Church's opposition to the death penalty. Sections 58, 61-62 reassert the Church's condemnation of abortion. Section 65 reiterates the Church's condemnation of euthanasia.
Criminal Law and Procedure/ Jurisprudence/ Civil Rights/ Family Law/ Health Law/ Vatican Documents/ Papal Teaching Documents
721. Kauffman, Christopher J., Ministry and Meaning: A Religious History of Catholic Health Care in the United States (New York: Crossroad, 1995).    WorldCat    [OclcCat]
Kauffman examines the historical development of Catholic hospitals, focusing on "the religious dimensions of the Catholic nursing experience."  The book opens with a discussion of European traditions, "the religious understanding of illness" and "the religious motivation of the nursing ministry."  Kauffman next examines the effect the public role had on the nursing ministry, with an emphasis on "the nursing experiences of women religious founded in the United States." Part two examines Catholic tradition and modern health care.  Part three discusses the need for social justice, Vatican II, Medicare and Medicaid.  The book concludes with a discussion of health-care reform and the issues of mission and identity.
Catholic Social Teachings
722. Kmiec, Douglas W., Cease-Fire on the Family: The End of the Culture War (Notre Dame, Ind.: Crisis Books, 1995).    WorldCat      [WCat]
In this short book Kmiec argues that the American family is under attack and the only way to win this cultural war is to rediscover and re-institute personal and cultural values in our everyday family life. He offers practical suggestions and even checklists to help restore cultural and personal virtue within the family framework and society at large.
Family Law
723. Kmiec, Douglas W., God's Litigator, 70 Notre Dame Law Review 1247-75 (1995).
In this book review essay the author provides an overview of William Ball's "Mere Creatures of the State? Education, Religion, and the Courts: A View from the Courtroom" while also commenting on the role of the state in educating children.  Kmiec examines the Supreme Court's treatment of education in the context of the freedom of religion clause of the Constitution, and in doing so discusses a number of landmark cases. While extremely respectful of Ball's abilities, Kmiec occasionally disagrees with the book's author on some issues. However, he concludes by recognizing Ball as one of the great defenders of religious liberty.
Catholic Social Teachings
724. Kmiec, Douglas W., Preserving Religious Freedom, in Catholics in the Public Square: The Role of Catholics in American Life, Culture, and Politics edited by Thomas P. Melady (Huntington, Ind.: Our Sunday Visitor, 1995).    WorldCat  [WCat]
Kmiec's short essay documents the constitutional roots of religious freedom and its inherent rights. He examines its source in natural law, the original intent of the framers of the Constitution, and the religious heritage of the nation.
Constitutional Law/ Catholic Social Teachings
725. Kmiec, Douglas W., Liberty Misconceived: Hayek's Incomplete Relationship Between Natural and Customary Law, 40 American Journal of Jurisprudence 209-27 (1995).
Kmiec examines the jurisprudence of liberty set forth by F.A. Hayek in Law, Legislation and Liberty (1976).  Hayek distinguished two concepts of order: that which is imposed deliberately by man from without, and that which arises spontaneously from within. With his focus to preserve liberty against state interference, Hayek favors customary or common law, which he sees as emanating from the spontaneous order.  Kmiec questions this wholesale endorsement of spontaneous order and distrust of the legislative process, since it ignores the larger concept of natural law.  Kmiec believes that freedom will prosper only when the law, whether statutory or customary, seeks that which is compatible with human nature and divine guidance.
Jurisprudence
726. McBrien, Richard P., editor, The HarperCollins Encyclopedia of Catholicism (New York: HarperCollins, 1995).    WorldCat      [WCat]
This work is a large single-volume encyclopedia of Catholicism. It contains many illustrations and a timeline of Church history, with a larger focus on dissent on Church doctrines and theological debates than characterized previous reference works, such as the Catholic Encyclopedia. Many entries include bibliographies.
Reference Sources
727. McRaith, John J., Prepared statement of U.S. Catholic Conference on The Right to Own Property (Testimony on S. 605 before the Senate Committee on the Judiciary,104th Congress: 1995).    
In this testimony the author addresses the issue of takings from the perspective of balancing the moral goods of private property and the common good.  McRaith seeks to do two things: provide elements of a moral framework for analyzing the rights and responsibilities of private property owners in relationship to the common good and to apply this framework to help analyze the takings issue.  In conclusion, he offers some possible solutions and emphasizes the need for more civic dialogue on this issue.  Testimony is found on pages 154-58.
Property
728. Melady, Thomas P., editor, Catholics in the Public Square: The Role of Catholics in American Life, Culture, and Politics (Huntington, Ind.: Our Sunday Visitor, 1995).    WorldCat      [WCat]
This small book presents a birds-eye view of a dozen leading Catholic thinkers. Michael Novak addresses "The Rediscovery of our American Catholic Heritage"; Mary C. Agee discusses the application of Catholic teachings to her personal life; Thomas S. Monaghan suggests ways of "Integrating the Faith into a Corporate Environment"; Douglas W. Kmiec documents the constitutional roots of religious freedom and its inherent rights.
Constitutional Law/ Catholic Social Teachings
729. Morrissey, Daniel J., The Catholic Moment in Legal Education, 78 Marquette Law Review 413-25 (1995).
In this speech Morrissey poses the question "what does Catholicism have to offer American legal education?"  In answer the author argues that the truth that the Catholic faith reveals makes the mission of legal educators far clearer.  He further argues that Catholic law schools have always infused the law with an ethic of concern and thus graduates of Catholic law schools have a richer and more meaningful career in the legal profession.
Catholic Dimensions of Legal Education
730. Myers, Richard S., An Analysis of the Constitutionality of Laws Banning Assisted Suicide from the Perspective of Catholic Moral Teaching, 72 University of Detroit Mercy Law Review 771-786 (1995).
Myers' essay examines both the constitutional doctrine as well as Catholic perspective on the issues underlying laws banning assisted suicide. In particular, Myers reflects on two recent encyclicals by John Paul II that have explored this issue, Veritatis Splendor and Evangelium Vitae, both of which reject legal endorsement of assisted suicide.  Myers rejects in turn what he terms the opposing "extreme autonomy view" on this issue, arguing that it poses a grave threat if it becomes entrenched in law.   Such a view should be rejected by the courts, he argues.
Health Law
731. National Conference of Catholic Bishops, One Family Under God: A Statement of the U.S. Bishop's Committe on Migration. (Washington, D.C.: United States Catholic Conference, 1995).    
September 1999 statement by the Committee on Migration of the National Conference of Catholic Bishops, urging changes in the current naturalization process to make it more humane, speaking to dangers in proposed restrictions to the system, and emphasizing the Church's support for birthright citizenship.
Immigration Law
732. Rodes, Robert E., Jr., Social Justice and Liberation, 71 Notre Dame Law Review 619-629 (1995).
The author uses this article to draw a distinction between the demands of nature (natural law) and the demands of the “pilgrimage,” (pilgrim law).  This distinction is posited on the differing, yet complementary, aspects of needs and rights in jurisprudence.  Rodes uses case law and a brief overview of class structure to highlight these distinctions.  Throughout the argument the author returns to the teachings of Christianity and the role of law, and concludes that Christina lawyers are required to discover the role played by law in meeting the requirements of natural law and pilgrim law.
Catholic Social Teachings
733. Schervish, Paul G., Virginia A. Hodgkinson and Margaret J. Gates, editors, Care and Community in Modern Society: Passing on the Tradition of Service to Future Generations (San Francisco: Jossey-Bass Publishers, 1995).    WorldCat      [WCat]
Schervish's book has two major themes: the tradition of care and the transmission of care to future generations.  The chapters contain practical and theoretical commentary and case studies written by scholars from a number of fields.  Schervish outlines the content of the five major parts of the book: "These include an examination of how individuals become dedicated to care, the importance of civic, ethical, and spiritual traditions, the involvement of children and youth as providers of care, the institutions, here and abroad, that infuse care into daily life, and the productive role of self-interest properly understood in mobilizing care and service to the community."  The chapter written by John Tropman (269-292) focuses specifically on the Catholic ethic and the Protestant ethic.  Views on poverty and how to help those in need, for instance, are compared and contrasted.
Catholic Social Teachings
734. Shaffer, Thomas L., Why Does the Church Have Law Schools?, 78 Marquette Law Review 401-11 (1995).
Shaffer gives his reflections on the multitude of possible reasons why the church sponsors programs of legal education. Among the reasons the author suggests are: providing a spiritually agreeable atmosphere for believers in which to study law, service to the community beyond the law school, and educating its graduates "so that the practice of law will not only be moral but will also be priestly and prophetic."
Catholic Dimensions of Legal Education
735. Stackhouse, Max L., On Moral Business: Classical and Contemporary Resources for Ethics in Economic Life (Grand Rapids, Mich.: W.B. Eerdmans Pub., 1995).    WorldCat      [WCat]
This anthology seeks to educate both clergy and lay professionals in the religious and moral significance of business and economics. The essays are drawn from diverse resources, including the Bible, great philosophers, and the “ethically committed” business leaders of today. The book also attempts to help tomorrow’s leaders understand the importance of having a strong moral foundation in today's society and in the workplace.
Corporations
736. Tropman, John E., The Catholic Ethic in American society: An Exploration of Values (San Francisco: Jossey-Bass, 1995).    WorldCat      [WCat]
Tropman argues that there is a distinctly Catholic ethic in American society.  He discusses and identifies the major values and differences between the Catholic ethic and the Protestant ethic. He argues that the "Protestant ethic is oriented heavily to work, wealth, and achievement, while the Catholic ethic is oriented to sharing."
Jurisprudence/Catholic Social Teachings
737. Tropman, John E., The Catholic Ethic and the Protestant Ethic, in Care and Community in Modern Society: Passing on the Tradition of Service to Future Generations edited by Paul G. Schervish, Virginia A. Hodgkinson and Margaret J. Gates (San Francisco: Jossey-Bass Publishers, 1995).    WorldCat  [WCat]
John Tropman's essay is part of a collection examining the tradition of care and the transmission of care to future generations.  The chapters contain practical and theoretical commentary and case studies written by scholars from a number of fields. Tropman focuses specifically on the Catholic ethic and the Protestant ethic.  Views on poverty and how to help those in need are compared and contrasted.
Catholic Social Teachings
738. United States Catholic Conference, Moral Principles and Policy Priorities on Welfare Reform, 24 Origins 673-677 (1995).
This is the text of the U.S. Catholic Conference 1995 statement on welfare reform. The statement begins by outlining the urgent need for welfare reform in this country and the desire to move away from welfare's status quo.  It proceeds to detail the Church's values that guide its approach to reform. These values--respect for human life and human dignity, the importance of the family and the value of work, options for the poor, and the principles of subsidarity and solidarity--are each individually examined in the statement.  In concluding, the USCC argues that welfare reform will act as a test of the nation's moral fiber, and will hopefully focus debate on the needs of the poor and disadvantaged.
Bishops' Statements/ Catholic Social Teachings
739. Wagner, William J. and Denise M. Ryan, The Catholic Sponsorship of Legal Education: A Bibliography, 78 Marquette Law Review 507-41 (1995).
Wagner and Ryan present an extensive bibliography of books, articles, and religious and secular documents that reflect upon legal education "within the intersecting communities of faith, reason, and responsibility." The bibliography's initial section addresses the philosophy of legal education within a distinctly Catholic university, the legal and public policy issues of particular interest to Catholic law schools, and jurisprudential works reflective of Roman Catholicism. Section II is historical in character, covering the history of American legal education in general, as well as the development and character of Catholic law schools. The final sections concern specific policy issues in Catholic legal education and government regulation.
CUA Law Faculty/ Catholic Dimensions of Legal Education/ Reference Sources
740. Warner, Michael, Changing Witness: Catholic Bishops and Public Policy, 1917-1994 (Grand Rapids, Mich.: Wm. B. Eerdmans Pub. Co., 1995).    WorldCat      [WCat]
Michael Warner's work focuses specifically on the role of American Catholic bishops on the development of social teaching from World War I to the present day.  He calls his book an "interpretative essay", though the chapter s proceed in a more of less chronological format.  Chapter 2 identifies the foundational period as 1891-1930. Chapter 3 moves the narrative up to the Second Vatican Council. There is a separate chapter on Vatican II and several on the institutional role of the bishops in post-Conciliar period.
Catholic Social Teachings
741. Wolfe, Christopher, The Ideal of a (Catholic) Law School, 78 Marquette Law Review 487-505 (1995).
The author discusses the nature of the ideal Catholic law school and issues of faculty hiring criteria, academic freedom, and the school's overall intellectual framework. The author states that "the essence of a Catholic institution lies in its members completely and freely embracing the teaching of the Church." He maintains they should carry on their teaching and scholarship in light of their faith "because they regard that approach as the best way to understand the truth about the law."
Catholic Dimensions of Legal Education
742. Barry, Robert L., Breaking the Thread of Life: On Rational Suicide (New Brunswick: Transaction Publishers, 1994).    WorldCat      [WCat]
In this text the author seeks to examine rationality, morality, voluntariness, and social aspects of suicide from the perspective of the classical Catholic view.  Barry progressively argues against the various objections to the Catholic condemnation of suicide and affirms the Church’s traditional position.  Beginning with definitions of suicide he goes on to describe the development of suicidal practices, Catholic teachings against suicide, arguments against the rationales for suicide, and contemporary theological views on the morality of the practice.  Barry concludes by offering a “Christian” approach to providing pastoral care for those contemplating suicide.
Health Law
743. Catholic Church, The Companion to the Catechism of the Catholic Church: A Compendium of Texts Referred to in the Catechism of the Catholic Church. (San Francisco: Ignatius Press, 1994).    WorldCat      [WCat]
This handbook provides in a single volume the full text of scriptural, papal, and other documentary references noted in the Catechism of the Catholic Church. The arrangement of the compendium follows the paragraph numbering system employed by the Catechism. These paragraph numbers appear in the margins for ease of use.
Reference Sources
744. Cowdin, Daniel M., Toward an Environmental Ethic, in Preserving the Creation: Environmental Theology and Ethics 112-147, edited by Kevin W. Irwin and Edmund D. Pellegrino (Washington, D.C.: Georgetown University Press, 1994).    WorldCat  [WCat]
Cowdin, a moral theologian, constructs an outline for the development of an environmental ethic using the Roman Catholic tradition.
Environmental Law
745. Cox, William J., Health Care Reform--The Catholic Health Perspective, 35 Catholic Lawyer 217-228 (1994).
The Catholic Health Association (CHA) has developed policy recommendations for healthcare reform to help respond to the current American healthcare crisis.' These recommendations are the result of a fifteen-month effort by the Board of Trustees of the CHA to come up with a credible reform proposal that both embodies the ideals of the Catholic tradition and comports with American political traditions. The CHA has proposed a value-driven format that provides comprehensive health-care for all people. This paper will examine the proposal and the forces and values that underlie it.
Health Law
746. Drinan, Robert F., S.J., Catholics and the Death Penalty, 170 America 13-5 (1994).
In this short piece Drinan discusses Catholic public opinion on the death penalty.  He details the reasons for the church's opposition to the institution and expressed sadness that Catholics do not share the official church view.  Statistical data in the form of opinion polls is provided.
Criminal Law and Procedure
747. Dwyer, Judith A., editor, The New Dictionary of Catholic Social Thought (Collegeville, Minn.: Liturgical Press, 1994).    WorldCat      [WCat]
Although this work is entitled a "dictionary," it might be more appropriately designated a desktop encyclopedia. The entries are written by dozens of scholars on topics related to Catholic Social Thought, and are typically several pages in length. Each entry contains a bibliography.
Reference Sources
748. Hiers, Richard H., Transfer of Property by Inheritance and Bequest in Biblical Law and Tradition, Journal of Law and Religion 121- 55 (1994).
This article attempts to provide new evidence that property transfer in biblical law was more complex than first thought.  The author begins with an overview of the types of property subject to transfer by inheritance or bequest.  He follows with a detailed study of the laws of inheritance and the laws of bequests.  Hiers concludes by arguing that the transfer of property by bequest played a significant role in biblical law and should not be overshadowed by the more traditional concept of birthright inheritance.
Property
749. Hooper, J. Leon, editor, Bridging the Sacred and the Secular: Selected Writings of John Courtney Murray (Washington, D.C.: Georgetown University Press, 1994).    WorldCat      [WCat]
Bridging the Sacred and the Secular is a collection of essays by John Courtney Murray on variety of topics involving the intersection of religion and democratic culture. Of particular note are the essays of Part I--Civil Law: National and International- -that discuss issues of free speech, international peace, and federal aid to church-related education.  The appendix contains a chronological list of the publications of John Courtney Murray and a bibliography of books by others commenting on his work.
Catholic Social Teachings/ Jurisprudence
750. Irwin, Kevin W. and Edmund D. Pellegrino, editors, Preserving the Creation: Environmental Theology and Ethics (Washington, D.C.: Georgetown University Press, 1994).    WorldCat      [WCat]
The editors characterize this collection of essays as an example of "public theology." Irwin and Pellegrino define the term as the effort "to explicate the affinities between a religious tradition and a political question." This example of "public theology" seeks to bring together papers that discuss the Catholic tradition and its contributions to a theology of creation and an ethics of environmentalism. The essays cover a variety of topics including biblical references to nature and the environment and the development of an environmental ethic.
Environmental Law
751. John Paul II, Pope (Karol Wojtyla), Apostolic Letter Tertio Millennio Adveniente (On the Coming of the Third Millenium) (1994).    WorldCat      [WCat]  http://www.vatican.va/holy_father/john_paul_ii/apost_letters/documents/hf_jp-ii_apl_10111994_tertio- millennio-adveniente_en.html
John Paul II's encyclical preparing the Church for the Jubilee year of 2000.  Sections 10 and 13 of this Encyclical address the urgency of adherence to the Church's social teaching.
Papal Teaching Documents/ Catholic Social Teachings
752. John Paul II, Pope (Karol Wojtyla), Letter to Families (Gratissimam Sane) (Washington DC: United States Catholic Conference, 1994).    WorldCat      [WCat]  http://www.vatican.va/holy_father/john_paul_ii/letters/documents/hf_jp-ii_let_02021994_families_en.html