D. Brian Scarnecchia, M.Div., J.D.

Professor of Law

Education

  • J.D. at University of Akron
  • M.A. at Dominican School of Philosophy and Theology
  • B.A. at Youngstown State University

Areas of Expertise

  • International Law, Jurisprudence, Bioethics

Professional Experience

 2009 – present Associate Professor of Law, Ave Maria School of Law, Naples, Florida 2008 – 2009 Visiting Associate Professor of Law, Ave Maria School of Law, Ann Arbor, Michigan 2005 – present President, International Solidarity & Human Rights Institute, Inc. (ISHRI) 2004 – 2015 Associate Professor of Legal Studies and Human Life Studies, Franciscan University of Steubenville 2003 – 2004 Assistant County Prosecutor, Jefferson County, Ohio 2002 – 2014 Director of Legal Studies program, Franciscan University of Steubenville 2000 – 2001 Director of Humanities and Catholic Culture program, Franciscan University of Steubenville 2000 – 2009 Chairman of the Department of Humanities & Catholic Social Thought, Franciscan University of Steubenville 1994 – 2014 Director of Human Life Studies program, Franciscan University of Steubenville 1994 – 2014 Human Life International Chair in Honor of Fr. Paul Marx, Franciscan University of Steubenville 1991 – present Attorney at Law (in private practice, State of Ohio)

Honors and Professional Affiliations

  • Board of Directors member for Population Research Institute (PRI), 2014 – present.
  • Director of the Human Rights Protection Systems of the Association of Southeast Asian Nations (ASEAN) section of the International Center on Law, Life, Faith and Family (ICOLF) – Rome, (2013-present).
  • Appointed to the Committee of Experts for the Rome Forum of NGOs of Catholic Inspiration an affiliate of the Office of the Secretariat of State of the Holy See (2007) and the Pontifical Council for the Family (2009) – present.
  • Main NGO representative to the United Nations for the Society of Catholic Social Scientists (2004 – present)
  • Board of Directors member, Treasurer and Legal Counsel for the Society of Catholic Social Scientists (1997 – present)
  • Appointed to the Ave Maria School of Law Board of Visitors (2000 – 2008)
  • Member of the Secular Order of Franciscans, Saints Louis and Elizabeth chapter, Steubenville, Ohio (1999 – present)
  • Knights of Columbus, 3rd Degree, Naples, FL Ave Maria School of Law chapter (2009-present)
  • Jefferson County Bar Association, State of Ohio (1996 – present)
  • Admitted to the practice of Law in the State of Ohio (1991- present)
  • Admitted to the U.S. District Court, Northeast District OH (1991 – present)

Key Works

  • Publications (books)
    • 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)
    • Brian Scarnecchia and Terrence McKeegan, The Millennium Development Goals in Light of Catholic Social Teaching, (New York, Catholic Family and Human Rights Institute (C-Fam), 2009).
    • Publications (book chapters)
    • Contributing author – Through a Lens More Clearly: A Catholic Perspective on Law, editor Ronald Rychlak, Chapter on Property Law, (New York, Roman & Littlefield), forthcoming in March, 2015.
    • Contributing author – Response to Robert Fastiggi, “St. Paul, the Natural Law, and the Catholic Tradition,” Chapter 2, St Paul, the Natural Law, and Contemporary Legal Theory. (Lanham, MD, Lexington Books, 2012)
    • Contributing author – “The Millennium Development Goals,” Encyclopedia of Catholic Social Thought, by the Society of Catholic Social Scientists Vol. 3 (Lanham, MD, Scarecrow Press, 2012)
    • Contributing author – “Human Life International,” Encyclopedia of Catholic Social Thought, by the Society of Catholic Social Scientists Vols. 1 and 2. (Lanham, MD, Scarecrow Press, 2008)
    • Contributing author of “The Tension between Law and Culture,” Dialogue between Faith and Culture: Toward Integral Human & Social Development, Asian Bishops Conference & Pontifical Council for Culture, February, 1998.
    • Publications (scholarly articles)
    • Book Review of Monica Migliorino Miller’s Abandoned: The Untold Story of the Abortion Wars (Charlotte, NC, St. Benedict Press, 2012), Vol. 19 The Catholic Social Science Review, forthcoming (2015).
    • Response to a Call for Papers from World Health Organization, Health in the Post-2015 Development Agenda, Measurement of Progress towards the Health Goals: What are the best Indicators and Targets for Health? “Recommendation: Preeclampsia should be included as an Indicator for improving Maternal Health and reducing Child Mortality, Millennium Development Goal 4 and Goal 5” submitted by D. Brian Scarnecchia, on behalf of the Society of Catholic Social Scientists and International Solidarity and Human Rights Institute, December 30, 2012. Published in the documentation section, Vol. 19 The Catholic Social Science Review forthcoming (2015)
    • Amici Curiae of the Ethics and Religious Liberty Commission of the Southern Baptists Convention and Prof. D. Brian Scarnecchia in Support of Petitioners, On Writ of Certiorari to the Supreme Court of the United States, Association For Molecular Pathology, et al. v Myriad Genetics, Inc., et al. 569 U.S. ____ (June 13, 2013).
    • Human Rights Mechanisms in the Association of Southeast Asian Nations (AESAN), presented at the “The Foundation of Human Rights: Catholic Contributions,” co-sponsored by Ave Maria School of Law, Ave Maria University and Sacred Heart Seminary, March 3-4, 2011 and also presented at the “World Congress of Families” conference in Sydney, Australia, May 15-18, 2013. Published in 2 Ave Maria International Law Journal, 2 (2013)
    • Public Policy Recommendation Concerning Prenatal Adoption of Frozen Embryos in Light of Fetal Microchimerism, Ave Maria Law Review, Vol. 11, No. 2 (2013) pp. 263-297.
    • Publications (popular articles, electronic)
    • (Co-author) Brian Scarnecchia and Brian Simboli, Hobby Lobby won: now it’s time they firmly reject Obama’s immoral ‘accommodation,” http://www.lifesitenews.com/opinion/hobby-lobby-won-now-its-time-they-firmly-reject-obamas-immoral-accomodation July 8, 2014.
    • Presentations
    • Legal Services: Filed a successful federal 1983 class action Civil Rights in Federal District Court, Northern District of Ohio, 1990-1991against the City of Youngstown for cruel and unusual punishment which resulted in the closing of the City Jail of Youngstown, Ohio, and punitive damages for the mistreatment of pro-life rescuers, students from Franciscan University of Steubenville serving as the class representatives.
    • Panelist: “Capital Punishment and Just War,” Franciscan Focus, EWTN television program, March, 1995.
    • CLE Lecture: “The Defense of False Charges of Child Abuse” continuing legal education (CLE for the Supreme Court of Ohio) at FUS, April, 1995.
    • Philippines: Lectured with Human Life International for three weeks at universities in Manila and other localities in the Philippines, October 1995.
    • Philippines: Lectured for two weeks in the Philippines and presented a paper at the School of Law, Santo Tomas, in Manila and at Symposium on Faith and Culture sponsored by the Asian Bishops Conference and the Pontifical Council on Culture “The Tension between Law and Culture,” January, 1996. These papers were subsequently published.
    • Legal Services: Obtained tax exempt status from the IRS for the Society of Catholic Social Scientists, Inc., August, 1996.
    • Lecture: Invited lecturer, Society of Catholic Social Scientists, Seton Hall University, NJ, “Population Trends,” April 1998.
    • Lecture: Invited lecturer at the Defending the Faith conference at Franciscan University of Steubenville, “Defending the Gospel of Life,” July, 1999.
    • Lecture: Lecturer Fall conference, Society of Catholic Social Scientists “Population Crisis,” Franciscan University of Steubenville, October, 1999.
    • Commendation: Presented Thomas Monaghan with Frederic Osmund award by Society of Catholic Social Scientists, in Ann Arbor, MI, April, 2000.
    • Bioethics Taught a graduate bioethics course for Franciscan University of Steubenville at Our Lady of the Cenacle campus in Clearwater, FL, August, 2000.
    • China: Lecture at the Beijing Catholic Seminary, Beijing, China, on “Veritatis Splendor and Moral Absolutes,” October, 2000.
    • Lecture: Lecturer, Catholics United for the Faith conference, Cincinnati, Ohio “Splendor of Truth,” November, 2000.
    • Legal Services: Prepared on behalf of the Society of Catholic Social Scientists their application with the United Nations for non-governmental organization (NGO) status with the United Nations Organization. Official NGO status granted May, 2001.
    • Lecture: Invited lecturer, Defending the Faith Conference, Franciscan University, “Veritatis Splendor & Moral Absolutes,” July, 2001.
    • Testified: Testified before Ohio House of Representatives in Columbus, Ohio on House Bill 223, Defense of Marriage Act (DOMA), October, 2001.
    • Lecture: Invited lecturer, Population Research Institute Global Conference, Santa Clara, CA “About FACE (Federal Access to Clinic’s Act)” April 2004
    • Lecture: Lecturer, Nursing and Social Work continuing education conference “Living Wills and Powers of Attorney,” Franciscan University, May, 2002.
    • Austria: Lecturer at the Third Annual Prince of Liechtenstein Catholic Leaders Fellowship, Vienna, Austria, “Religion and Public Life in America,” May 2002.
    • Lecture: Lecturer, the Defending the Faith Conference at Franciscan University, “Law, Culture and Morality,” August, 2002.
    • Lecture: Lecturer 11th Annual Review in Emergency Medicine, Medical Univ. of South Carolina, Charleston, SC, “A Good Death: Changing Attitudes Towards Suicide,” 9/21/2002.
    • Academic Program: Designed curriculum and was the founding Director of the Legal Studies program at Franciscan University of Steubenville, fall semester, 2002.
    • Course development: Team-taught a graduate theology course in Bioethics with Bishop Gilbert I. Sheldon at Franciscan University, spring semester, 2003.
    • Youth retreat: Lectures to Catholic high school students at the Youth Mission for the Immaculata retreat, Libertyville, IL, 7/5-8, 2003.
    • Canada: Lecturer, Our Lady Seat of Wisdom Academy, Berry Bay, Ontario, Canada “Law & Culture,” September, 2003.
    • US Supreme Court: Drafted appendix to an appeal to United States Supreme Court in, Jane Roe, II v. Aware Woman’s Center for Choice, April, 2004.
    • UN NGO: Participated as the main NGO representative of the Society of Catholic Social Scientists at UN 3rd Session of the Convention on Rights of Persons with Disabilities, 5/ 24 – 6/ 3, 2004.
    • Prosecutor: Provide free legal representation to Children’s Service Board of Jefferson County, OH to off-set the budget deficit, May, 3-September 1, 2004.
    • Austria: Lecture on “Human Rights at the UN” at the Gaming campus of the Franciscan University of Steubenville, November 9, 2004.
    • Founded NGO: Founding president and Chairman of the Board of International Solidarity and Human Rights Institute, Inc. (ISHRI) (see www.ishri.net), January, 2005
    • UN NGO: Brought faculty and 25 students as NGO representatives to the UN conference, Beijing + 10, 3/13-17, 2005.
    • UN NGO: Brought faculty and 8 students as NGO representative for the Society of Catholic Social Scientists to the UN conference on Population and Development, 4/ 2-8, 2005.
    • Conference: Hosted the 2nd Pro-life Leaders Conference at Franciscan University of Steubenville, 4/16-17, 2005.
    • Award: Awarded the student life “St. Francis of Assisi Award” 2005 for the faculty member who embodies ideals of St. Francis of Assisi, April 29, 2005.
    • UN NGO: Participated in the UN conference on HIV/AIDS and lobbied for the Millennium Summit, 5/29-6/4, 2005.
    • New Course: Developed new course at Franciscan University of Steubenville on issues in Disability Law, Fall semester 2005
    • UN NGO: Led faculty and student NGO representatives to UN 6th Session, Convention on the Rights of Disabled Persons 8/1-12, 2005.
    • UN NGO: Led student NGO representatives to UN 7th Session of the Convention on the Rights of Disabled Persons January, 22-27, 2006.
    • UN NGO: Led students NGO representatives from the Eagle Forum to the UN for Beijing+11, February, 27-29, 2006
    • France: Addressed Bioethics Committee of the European Parliament on legal status of frozen human embryos, Strasbourg, France, March, 16 2006.
    • UN NGO: Led student NGO representatives to final session of the Human Rights Commission, Geneva Switzerland, March 22-24, 2006.
    • UN NGO: Led student NGO representatives to first session of the Human Rights Council, Geneva, Switzerland, May 25-27, 2006
    • Mexico: Led students to Washington, DC and then to Tijuana, Mexico (ISHRI’s Capital to Village program) to consider policy and implementation of Immigration reform and efforts to combat Trafficking as well as building a home for a poor Mexican family, July 2-15, 2006.
    • Philippines: Human Life International Asia conference – lecture on the “International Push for Abortion Rights,” October 10, 2006.
    • Philippines: Catholic Conference of the Philippines, Couples for Christ – lecture on “UN Millennium Development Goals in Light of Catholic Social Teaching,” October 16, 18, 2006.
    • New course: Developed new course at Franciscan University of Steubenville on issues in International Development, spring semester, 2007.
    • Law School: Lectured at Ave Maria, School of Law, Ann Arbor, MI on “Frozen Embryo Adoption,” March 15, 2007.
    • UN NGO: Led students to 52nd session of the UN Conference on the Status of Women, March 8-12, 2007.
    • Civil rights Amish: Defended Amish “beard cutters” (before they were prosecuted under the federal hate crimes act for cutting the beards of fellow Amish men in 2011) in their domestic relations dispute and federal lawsuit against the Sheriff of Jefferson County, Ohio for kidnapping an Amish woman and then, after she escaped, surrounding her one-room Amish school house with a SWAT team deployed with fully automatic machine guns and battering ram while 22 Amish children ages 6-13 were inside, May 2007-2011.
    • Lecture: Panelist on Ectopic Pregnancy, Franciscan University, sponsored by Students for Life, October 11, 2007
    • Symposium: Sponsor and MC at symposium on “The Lost Children of China” – a report on a hospice for dying orphans in Beijing and China’s One Child Policy, October 17, 2007
    • Lecture: Society of Catholic Social Scientists conference at St. John’s University – lecture on the “UN Millennium Development Goals in Light of Catholic Social Teaching,” October 25, 2007
    • Rome: Invited to Rome, Italy to attend the founding meeting of NGOs of Catholic Inspiration, November 28 -December 2, 2007 hosted by the Secretariat of the Holy See. I was one (the first) of ten NGOs out of eight-five NGOs who personally greeted Pope Benedict XVI in the Celestine Hall of the Papal apartment.
    • Lecture: Gave lecture to Juniper Sierra Club, Wintersville Country Club, on Pope Benedict’s approach to China, January 24, 2008.
    • Rome: Invited to Rome, Italy to attend a conference by the Pontifical Council for the Laity on the encyclical On the Dignity of Women, February 7-9, 2008 and was invited to a private audience with Pope Benedict XVI in the Celestine Hall of the Papal apartment.
    • UN NGO: Led students to 53nd session of the UN Conference on the Status of Women, NYC, March 1-8, 2008.
    • Conference: Participated in closed meeting by Heritage Foundation on International Affairs on issue of “Defamation of Religion” Washington, DC, May 16, 2008
    • Law Professor: Visiting Associate Professor of Law at Ave Maria School of Law, Ann Arbor, MI. Taught 1L students Property Law and upper class students Origins of the Constitution, Property II and International Bioethics, July 20, 2008-2009.
    • Philippines: Lead human rights trip to the Philippines, July 21-27, 2008: Meet President Gloria Arroyo hand delivered to her a letter from the SCSS urging her to veto a bill that would have legalized contraception, 7/25; Lecture at the University of Asia and Pacific on the role of Catholic NGOs, 7/25; Lecture to international leadership of Charismatic Renewal in Manila on Theology of the Body.
    • China: Lead human rights trip to China, July 27-August 12, 2008: Went to orphanage in Beijing, 7/28; Went to Our Lady of Sheshan in Shanghi, 7/29; Met Bishop of Shanghi, 7/30; Did beach Christian outreach, 7/31; Participate in Church music competition in Wenxio, 8/2; Went to US Women’s Soccer Olympic game, 8/6; Watched opening fireworks of Summer Olympics in Tiannimen Sq., 8/8; met officials of Patriotic Association at Beijing National Seminary, August, 2008.
    • Conference: Attended Mulieris Dignitatem conference sponsored by CUA and Ave Maria School of Law in Washington, DC as a follow up to the Mulieris Dignitatem conference I was invited to attend in Rome, October 3-4, 2008.
    • Lecture: Read paper on “Saint Paul and the Natural Law” at Ave Maria School of Law, Ann Arbor, MI, part of a series of lectures between Ave Maria law faculty and St. Mary’s Seminary of Detroit theology professors, November 21, 2008.
    • Course development: Developed new course at Ave Maria School of Law, “International Bioethics,” spring semester, 2009.
    • March for Life: Traveled to Washington, DC with FUS bus for March for Life. Met Ave Law students and also marched with them, January 22, 2009.
    • UN NGO: Led students to the 54th session of the UN Conference on the Status of Women, February 28-March 7, 2009.
    • Rome: Invited by Cardinal Martino to participate in Rome at a conference on “The Role of Women in Development and Human Rights” by the Pontifical Council for Justice and Peace, March 20-21, 2009.
    • Holy See: Appointed to the Expert Committee of the Rome Forum for NGOs of Catholic Inspiration, in association with the Secretariat of State of the Holy See. March 27, 2009
    • Radio: Invited to speak on “Kresta in the Afternoon” live radio on the United Nations and my recent intervention there at the 53rd session of the Conference on the Status of Women, March 30, 2009.
    • Radio: Interviewed twice by Al Kresta in the Afternoon for his radio program about my new book, Bioethics, Law and Human Life Issues, August 25 2010.
    • Moderator: Moderated two panels at the SCSS annual conference at Holy Cross University, South Bend, IN, October, 22-23, 2010.
    • Lecture: Lectured on my book, Bioethics, Law and Human Life Issues at Ave Maria University and at the Donahue Academy on November 23, 2010.
    • Respondent: Was a respondent at Ave Maria School of Law “Distinguished Guest Lecture” by Ronald J. Rychlak, Associate Dean of the University of Mississippi, on “The International Criminal
    • Court: An Obstacle to Peace?,” February 1, 2011.
    • Radio: Interviewed twice by Al Kresta in the Afternoon for his radio program about my new book, Bioethics, Law and Human Life Issues, February 2, 2011.
    • Theology on Tap: Lectured on Pope Benedict’s comments on condom use by male prostitutes at “Theology on Tap” in New York City, Bronx’s chapter, March 1, 2011.
    • Moderator: Moderated a workshop in Rome at a conference sponsored by the Secretariat of State for the Holy See and the Pontifical Council for the Family on “Using Positive Language – a Handbook for NGOs,” June 3, 2011 funded by Ave Maria School of Law.
    • Paper: Presented paper on Frozen Embryo Adoption at the 19th Annual National Meeting of the Society of Catholic Social Scientist, Steubenville, OH Oct 28, 2011
    • UN Accreditation: International Solidarity and Human Rights Organization (ISHRI), after being deferred for two years by the People’s Republic of China, finally received provisional accreditation in January of 2011 and final approval in July 2011 by the United Nations organization.
    • UN Conferences: Prepared and accredited students form Franciscan University and Ave Maria School of Law to participate in the 55th session of the Conference on the Status of Women, February 27-March4, 2011 and again for the UN Youth Conference, July 22-28, 2011.
    • Rome Conference: Invited to Chair the working session on positive language of the Rome Forum of the Pontifical Council of the Family, January 29-31, 2012.
    • UN Conference: Prepared and accredited students to participate in the 56th session of the Conference on the Status of Women, March 6-13, 2012
    • Respondent: Responded to the lectures of Rev. Terrence Henry, TOR, President of Franciscan University and Eugene Milhizer, President and Dean of Ave Maria School of Law on the HHS Contraceptive Mandate, March 30, 2012.
    • Social Scientists: Responded to presentation by Dr. William Donahue and Atty. Robert Destro at the SCSS Spring Conference at Catholic University of America, April 26-28, 2012.
    • Colloquium: Invited to participate in the academic colloquium of the World Congress of Families in Madrid, Spain, May 25-27, 2012.
    • Legal Services: Part of a team of attorney’s willing to defend pro bono the City of Steubenville in its First Amendment contest over the City’s inclusion of a cross in its logo. Several meetings were held with lawyers and City Council, August, 2012.
    • Rome lectures: Invited to give two lectures, one on “Human Rights Mechanisms in ASEAN” and another on “Demographic Issues,” in Rome for the Secretariat of State of the Holy See and the Pontifical Council for the Family, September 14-16, 2012.
    • Lecture: Invited to present on my book, Bioethics, Law and Human Life Issues at the SCCS fall conference at Nassau Community College, Long Island, NY, October 27, 2012.
    • UN Statement: Drafted a student submission for the UN conference on “The World We Want post 2015 development and health goals,” February 19, 2013.
    • Geneva: Brought student NGOs to the UN headquarters in Geneva and met privately with Archbishop Tomasi, Holy See Permanent Observer to the United Nations in Geneva.
    • Sydney: Presented lecture on “Human Rights Mechanisms in the Association of Southeast Asian Nations (ASEAN)” at the World Congress of Families in Sydney, Australia, May 17-20, 2013.
    • Rome: Provided introductory talk on the Freedom of Education at the International Conference on The Rights of the Family and the Challenges of the Contemporary World, jointly hosted by the Holy See Secretary of State, Pontifical Council for the Family and the Union of Catholic Jurists, September 19-21, 2013.
    • Respondent: Provided response to Law Professor Teresa Collett’s paper on “Humane Vitae, Contraception and American Law” at the “Humanae Vitae at 45” conference, Franciscan University of Steubenville, September 27-28, 2013.
    • Lecture: Provided a lecture on the Public Trust Doctrine and Global Warming at the Society of Catholic Social Scientists annual conference at Franciscan University of Steubenville, October 26, 2013.
    • Open Letter: Signatory to an open letter from 130 Catholic scholars to the U.S. Bishops denouncing the “Common Core” State Standards as doing a grave disservice to Catholic education. Washington Post, 11/2/2013.
    • Consultant: Submitted information to Professor Jane Adolphe pertinent to the web page of the International Center on Law, Life, Faith and Family (ICOLF – Rome) for the section I direct, the Human Rights Protection Systems of the Association of Southeast Asian Nations (ASEAN), January, 2014.
    • Interview: Brian Farga from National Catholic Register interviewed me for an article that he published, “U.N. Committee to Vatican: Change Church Teaching,” http://www.ncregister.com/site/print/_article/40369, February 8, 2014.
    • OAS: Submitted ISHRI’s application for accreditation with the Organization of American States (OAS), on March 19, 2014.
    • Panelist: Defending Religious Liberty conference jointly sponsored by the Society of Catholic Social Scientists and the Veritas Center at Franciscan University, April, 2014.
    • Debate: Debated Professor Teresa Collett, St. Thomas School of Law, on Frozen Embryo Adoption sponsored by the Federalist Society at Ave Maria School of Law, October 16, 2014.
    • New Course: Designed and taught a new elective “Climate Change and the Public Trust Doctrine” at Ave Maria School of Law, spring semester 2015.
    • Meeting: Participated in a gathering of international experts on human rights at Ave Maria School of Law, February 19-21, 2015 hosted by Professor Jane Adolphe, President of ICOLF.
    • Conference: Participated and brought 2 faculty and 10 undergraduate students to the Conference on the Status of Women at United Nations headquarters in NYC, march 8-13, 2015.
    • Breakfast: Gave an inspirational talk at the prayer breakfast fundraiser on behalf of Providence House, Inc., a home for unwed mothers and their children, at the Naples Hilton hotel, April 16, 2015.
    • Article: Submitted for publication an article, ASEAN’s Declaration of Human Rights (ADHR): Human Rights, National Sovereignty and the Public Trust Doctrine to the International Center on Law, Life, Faith and Family, August 28, 2015.
    • Conference: Lectured on “The Public Trust Doctrine and Patents on Human DNA” presented at Cambridge University, St. Edmunds College, UK, conference entitled “Patents on Life: Through the Lenses of Law, Religious Faith and Social Justice,” Sept. 4-5, 2015.
    • Conference: Lectured on “The Public Trust Doctrine as the Foundation of Constitutional Law” at the conference entitled Constitutional Law: An International Perspective,” at Gaming Austria, Sept. 17-19, 2015.
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