Legal History

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Are Catholics Unreliable From a Democratic Point of View? And What Does it Mean if They Are? Thoughts on the Occasion of the Sixtieth Anniversary of Paul Blanshard's American Freedom and Catholic Power, Villanova Law Review (forthcoming) (2010)

From 1949 to 1950, Paul Blanshard’s American Freedom and Catholic Power dominated the New York...

 

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A Quandary in Law? A (Qualified) Catholic Denial, San Diego Law Review (2007)

A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvard...

 

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The Decreasing Ontological Density of the State in Catholic Social Doctrine, Villanova Law Review (2007)

Over the last century-plus, Catholic social thought has gradually reduced the ontological density of the...

 

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Harmonizing Plural Societies: The Case of Lasallians, Families, Schools – and the Poor, Journal of Catholic Legal Studies (2006)

The modern state characteristically assumes or asserts a monopoly over “group persons” and their right...

 

Constitutional Law

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A Quandary in Law? A (Qualified) Catholic Denial, San Diego Law Review (2007)

A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvard...

 

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Against Sovereignty: A Cautionary Note on the Normative Power of the Actual, Notre Dame Law Review (2006)

Drawing on classical and contemporary jurisprudence and political philosophy, this Essay argues that the Roberts...

 

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Harmonizing Plural Societies: The Case of Lasallians, Families, Schools – and the Poor, Journal of Catholic Legal Studies (2006)

The modern state characteristically assumes or asserts a monopoly over “group persons” and their right...

 

Jurisprudence

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A Quandary in Law? A (Qualified) Catholic Denial, San Diego Law Review (2007)

A contribution to the second law review symposium dedicated to Steven Smith’s Law’s Quandary (Harvard...

 

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The Decreasing Ontological Density of the State in Catholic Social Doctrine, Villanova Law Review (2007)

Over the last century-plus, Catholic social thought has gradually reduced the ontological density of the...

 

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Against Sovereignty: A Cautionary Note on the Normative Power of the Actual, Notre Dame Law Review (2006)

Drawing on classical and contemporary jurisprudence and political philosophy, this Essay argues that the Roberts...

 

OpenURL

Harmonizing Plural Societies: The Case of Lasallians, Families, Schools – and the Poor, Journal of Catholic Legal Studies (2006)

The modern state characteristically assumes or asserts a monopoly over “group persons” and their right...

 

Symposium on the Work of Joseph Vining

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Are Legislation and Rules a Problem in Law? Thoughts on the Work of Joseph Vining, Villanova Law Review (forthcoming) (2010)

Written for a conference at Villanova Law School held to celebrate and explore the work...

 

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Equality, Conscience, and the Liberty of the Church: Justifying the Controversiale per Controversialius, Villanova Law Review (2009)

This paper considers the central normative claim of Martha Nussbaum’s Liberty of Conscience: In Defense...

 

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Persons, Participating, and "Higher Law", Pepperdine Law Review (2009)
 

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Differentiating Church and State (Without Losing the Church), Georgetown Journal of Law and Public Policy (2009)

There is an ongoing debate about whether the U.S. Constitution includes – or should be...

 

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Introduction to The Vocation of the Child, Wm. B. Eerdmans Publishing Co. (2008)
 

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Locating Authority in Law, and Avoiding the Authoritarianism of Textualism, Notre Dame Law Review (2008)

Much modern jurisprudence attempts to move the locus of authority away from people with authority...

 

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The Vocation of the Child (with Marcia Bunge, William Werpehowski, John Coons, Vigen Guroian, William Harmless, Philip Reynolds, Anthony Kelly, Charles Reid, John Witte, Bonnie Miller-McLemore, Charles Glenn, George Van Grieken, Elmer John Thiessen, and Robert Vischer) (2008)
 

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What's the Matter With You Catholics? Soundings in Catholic Social Thought (Review of Mary Ann Glendon, Traditions in Turmoil, 2006) (Invited), Journal of Law, Philosophy and Culture (2008)

This review essay of Mary Ann Glendon’s Traditions in Turmoil (2006) explores such topics as...

 

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Sovereign States? The State of the Question from a Catholic Perspective, Faith and Law: How Religious Traditions from Calvinism to Islam View American Law (2007)
 

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Civilizing Authority: Society, State, and Church (with Avery Cardinal Dulles, Russell Hittinger, John Coons, Steven Smith, Thomas Kohler, J. Budziszewski, Joseph Vining, Michael J. White, Glenn Tinder, and H. Jefferson Powell) (2007)
 

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Introduction to Civilizing Authority: Society, State and Church, Civilizing Authority: Society, State and Church (2007)
 

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The Contributions of Catholics to the Socio-Political Order, Catholic University Law Review (2007)
 

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Jacques Maritain: Philosopher of Law, Politics, and All That Is, The Teachings of Modern Christianity on Law, Politics and Human Nature: Volume Two (2006)
 

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The ‘Right’ of Religious Liberty of the Child: Its Meaning, Measure, and Justification, Emory International Law Review (symposium issue) (2006)
 

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Law and Who We Are Becoming, Villanova Law Review (2005)
 

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On What Sin (and Grace) Can Teach Crime, Punishment and Society (Symposium Volume) (2003)
 

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Arguing for Human Equality, Journal of Law and Religion (2002)
 

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Realizing the Rule of Law in the Human Subject, Boston College Law Review (2002)
 

Discovering the Archimedean Element in (Judicial) Judgment (Review of Bruce Anderson, "Discovery" in Legal Decision Making, 1996), Law and Philosophy: An International Journal for Jurisprudence and Legal Philosophy (1998)
 

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Natural Law and Human Equality (with John E. Coons), American Journal of Jurisprudence (1995)
 

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The Idea of a Descriptive Equality: Lonergan Explains Jefferson (with John E. Coons), Lonergan Workshop Journal (ed. Fred Lawrence, Boston College) (1995)