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LAW REVIEW

The Ave Maria Law Review is the law school’s scholarly publication that features articles written by legal scholars, judges, and practitioners throughout the country. The Ave Maria Law Review is published twice annually by second- and third-year law students. As a Catholic legal journal, the Ave Maria Law Review is dedicated to:

Promoting excellence in the presentation of legal scholarship in all areas of the law in order to be an authoritative and reliable source for the research needs of lawyers, judges, professors, and students.

Developing the scholarly writing and technical skills of its members through active involvement in the writing, editing, and production of an excellent legal journal.

Engaging the whole legal community in thoughtful dialogue on the entire spectrum of legal issues, while affirming the Catholic legal tradition, built upon the foundation of faith and reason.

Join The Ave Maria Law Review

Eligibility:
Rising second-and third-year students enrolled at Ave Maria School of Law and in good academic standing are eligible to apply to the Ave Maria Law Review.

Application for Membership: 
The Ave Maria Law Review accepts applications at the end of every school year. Applicants must attend an information session about the application process. The information session is held during the second half of the spring semester. Students interested in becoming members of Ave Maria Law Review must also notify the Managing Editor of their intent to apply. Application packets are distributed to prospective applicants at the end of the spring semester examination period. The applications consist of:

  1. A closed-universe memorandum on a topic chosen by the Ave Maria Law Review Editorial Board
  2. A personal statement
  3. Resume
  4. Transcript release form

Selection by the Ave Maria Law Review:
The Ave Maria Law Review will select new Associate Editors from among the applicants based on a combination of grades and the quality of the application materials. Upon review of application packets by the Ave Maria Law Review and approval of the Dean, the Ave Maria Law Review notifies new Associate Editors during mid-summer.

Duties of Associate Editors:
First-year members of the Ave Maria Law Review are Associate Editors. The primary responsibilities of Associate Editors are:

  1. Checking citations for accuracy and form. The Managing Editor is responsible for assigning these duties, and additional duties may be assigned in other areas of need.
  2. Writing a Note. A Note is a relatively short (twenty-five to forty pages) article of publishable quality that contributes to the debate on a legal issue. Every year, several of the best Notes are selected to be published in upcoming issues of the Ave Maria Law Review. Click here for an example of a student Note.

 

Academic Credit: 
Members of the Ave Maria Law Review receive one pass-fail credit per semester. Associate Editors receive two additional pass-fail credits in the spring semester for writing their notes.

AVE MARIA LAW REVIEW

FACULTY ADVISOR

RICHARD S. MYERS

EDITORIAL BOARD

Robert Badman
Editor-in-Chief
Jonathon Hall
Managing Editor
Jennifer Gray
Executive Articles Editor
Jessica Berryman
Executive Notes Editor
Blake Wiseman
Publications Manager
Steven Slaney
Business Manager

SENIOR EDITORS

Timothy Bracken
William Marcinkus
Alex Rabinowitz
Kasondrea Thomas
Grace Slaney
James White

ASSOCIATE EDITORS

Samuel Bryant
Kendall Coughlin
Paul D’Agostino
Robert Devito
Adam Esquivel
Michael Fary
William Galvano
Phillip Gay
Kathleen Kennon
Mairead Kennon
Jared Knutson
Alexander Leroy
Owen Murphy
Margaret Nolan
Daniel Orangio
Zachary Pearlman

That the Law Review serves a need not met by other legal reviews is
a claim not hastily made. America is served by over 180 accredited law schools
and many other unaccredited ones. These law schools produce over 500 law
review publications of various sorts. Some are scholarly, some are perhaps
trendy, and many deal with a unique area of the law. None, however, is
designed to publish articles regularly and consistently that consider the law
from the perspective of the Catholic intellectual tradition.
The Ave Maria Law Review publishs articles that call upon this
tradition, investigate it, and discern its place in our legal culture. The Catholic
intellectual tradition is founded upon the natural law, the source of all law.
The historical emergence of this tradition is no later than Abraham, our father
in faith. It finds its embodiment in Jesus Christ, and is promulgated in the cultures
and civilizations that span millennia throughout the world. Philosophers
and theologians have considered this tradition and have contributed to it.
Lawyers and jurists have incorporated it in the law. Judges have used it as the
basis for their decisions. Indeed, without this tradition, founded in the natural
law, even primitive societies would not have come into being.

Dean Bernard DobranskiFrom the Inaugural Law Review Publication

Ave Maria Law Review Archive

Volume 13, Number 1, 2014-1015

COVER

Masthead

ESSAY

TRIBUTE TO ROBERT H. BORK
Lino A. Graglia

ARTICLES

JUDGE BORK’S REMARKABLE ADHERENCE TO UNREMARKABLE PRINCIPLES OF NATIONAL SECURITY LAW
Gregory E. Maggs

SHOULD PREGNANCY HELP CENTERS OFFER POSTNATAL FINANCIAL SUPPORT TO REDUCE THE INCIDENCE OF ABORTION?
Stephen G. Gilles

SPEECH

JUDGE ROBERT BORK’S EIGHTIETH BIRTHDAY CELEBRATION†
Justice Clifford W. Taylor

ARTICLES

JUDGE ROBERT H. BORK AND PROFESSOR BRUCE ACKERMAN: AN ESSAY ON THE TEMPTING OF AMERICA
Steven G. Calabresi & Justin Braga

IMPROVING THE LAW SCHOOL CLASSROOM AND EXPERIENCE THROUGH PRAYER: AN EMPIRICAL STUDY
David A. Grenardo

NOTES

SHALE I STAY OR SHALE I GO? PENNSYLVANIA’S “MARCELLUS SHALE-SIZE” OF A DEBACLE OVER FRACKING SEVERANCE TAXATION
Amber R. Mondock

ILLINOIS MURDER JURISPRUDENCE IN THE ABSENCE OF CAPITAL PUNISHMENT
Michael Santschi

 

Volume 13, Number 2, Summer 2015

Cover
SYMPOSIUM: THE FUTURE OF FAMILIES AND OF FAMILY LAW

Masthead

ARTICLES

FLIGHT FROM OBLIGATION
William C. Duncan

WINDSOR AND ITS PROGENY
Mark Strasser

THE VIRTUE OF JUDICIAL HUMILITY†
Richard S. Myers

BEYOND THE EXPANSION FRAMEWORK: HOW SAME-SEX MARRIAGE CHANGES THE INSTITUTIONAL MEANING OF MARRIAGE AND HETEROSEXUAL MEN’S CONCEPTION OF MARRIAGE
Alan J. Hawkins & Jason S. Carroll

THE FUTURE OF THE FAMILY: THE SOCIAL AND LEGAL IMPACTS OF LEGALIZING SAME-SEX MARRIAGE
Lynn D. Wardle

CHEATING MARRIAGE: A TRAGEDY IN THREE ACTS
John C. Eastman

ANALYZING THE IMPACT OF STATE LEVEL CONTRACEPTION MANDATES ON PUBLIC HEALTH OUTCOMES
Michael J. New Ph.D.

THE HISTORICAL DEVELOPMENT OF EXECUTIVE BRANCH OVERSIGHT AND CONTROL IN FLORIDA: 1838–1968
Eric Miller

Issue 1 Winter 2014

TRANSCRIPT

E-DISCOVERY: WHERE WE’VE BEEN, WHERE WE ARE, WHERE WE’RE GOING
Hon. Andrew J. Peck, Hon. John M. Facciola, Steven W. Teppler

ARTICLES

OUTRUN THE LIONS: A PRACTICAL FRAMEWORK FOR ANALYSIS OF LEGAL ISSUES IN THE EVOLUTION OF CLOUD COMPUTING
Kenneth N. Rashbaum, Bennett B. Borden, Theresa H. Beaumont

CASE COMMENTARY: A CURIOUS CASE OF ELECTRONIC EVIDENCE (AND PERHAPS AN ELECTRONIC SIGNATURE)
Stephen Mason

ADVICE FROM COUNSEL: TRENDS THAT WILL CHANGE E-DISCOVERY (AND WHAT TO DO ABOUT THEM NOW)
Ari L. Kaplan.

NOTES

PROPRIETY OF INTERNET RESTRICTIONS FOR SEX OFFENDERS CONVICTED OF POSSESSION OF CHILD PORNOGRAPHY: SHOULD WE PROTECT THEIR VIRTUAL LIBERTY AT THE EXPENSE OF THE SAFETY OF OUR CHILDREN?
Jessica A. Ramirez

THE BILL OF ATTAINDER CLAUSES: PROTECTIONS FROM THE PAST IN THE MODERN ADMINISTRATIVE STATE
John J. Cavaliere, III

 

Issue 2 Summer 2014

ELECTRONIC DISCOVERY AND DIGITAL EVIDENCE

ARTICLES

SYSTEMS OF EVIDENCE IN THE AGE OF COMPLEXITY
George L. Paul

TESTABLE RELIABILITY: A MODERNIZED APPROACH TO ESI ADMISSIBILITY
Steven W. Teppler

ELECTRONIC HEALTH RECORDS SYSTEMS: TESTING THE LIMITS OF DIGITAL RECORDS’ RELIABILITY AND TRUST
Barbara Drury, Reed Gelzer, Patricia Trites and George L. Paul

CONVERGENCE OF FORENSICS, EDISCOVERY, SECURITY, & LAW
Serge Jorgensen

ELECTRONIC DISCOVERY STANDARDIZATION
Eric Hibbard

FLORIDA FEATURE

THE DIRECTION AND SUPERVISION BY ELECTED OFFICIALS OF FLORIDA EXECUTIVE BRANCH AGENCIES AND ADMINISTRATIVE RULEMAKING: 1968–2012
Eric H. Miller

NOTES

AN “UNGRACIOUS SILENCE”: THE INFLUENCE OF CATHOLIC THOUGHT UPON THE FIRST AMENDMENT AND ITS IMPACT UPON THE INTERPRETATION OF THE FREE EXERCISE CLAUSE
Joseph Tompkins

SELLING OUR SOUL FOR TAX BREAKS: ELECTIONEERING, LOBBYING AND THE SUBSTANTIAL BURDEN FACTOR UNDER RFRA
Luca L. C. Hickman

Issue 1 Fall 2012

CONFERENCE: THE FOUNDATION OF HUMAN RIGHTS: CATHOLIC CONTRIBUTIONS, PART II

ARTICLES

“GENDER” WARS AT THE UNITED NATIONS
Jane F. Adolphe

RELIGIOUS LIBERTY: A COMMON CHALLENGE FOR CATHOLIC-MUSLIM DIALOGUE
Paola Bernardini

DEVELOPING THE SEMINAL THEOLOGY OF POPE PAUL VI: TOWARD A CIVILIZATION OF LOVE IN THE CONFIDENT HOPE OF THE GOSPEL OF LIFE
Richard H. Bulzacchelli

THE FOUNDATION OF RIGHTS IN POPES JOHN PAUL II AND BENEDICT XVI FROM THE PERSPECTIVE OF THE GIFT
Damian P. Fedoryka

RIGHT TO PEACE OR HUMAN RIGHTS PER SE IN ISLAMIC STATES
Kevin Hugh Govern

FOUNDATIONS OF HUMAN RIGHTS AND DEVELOPMENT: A CRITIQUE OF AFRICAN HUMAN RIGHTS INSTRUMENTS
Joseph M. Isanga

TEACHING ABOUT RELIGION IN THE PUBLIC SCHOOLS
Stephen L. Mikochik

THE CAPACITY OF THE HUMAN MIND TO KNOW NATURAL LAW
Wolfgang Waldstein

FLORIDA FEATURE

DISLOCATION EXPENSES IN AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS
Judge Robert A. Rosenberg and Dara J. Glasser

 

Issue 2 Spring 2013

LAW OF LIFE

ARTICLES

REMEMBERING JUDGE BORK
Bernard Dobranski

THE MORALITY AND LEGALITY OF THE HHS MANDATE AND THE “ACCOMMODATIONS”
Eugene R. Milhizer

“THEY WANT ME DEAD”—ACTIVE KILLING— AN OPTION IN MODERN HEALTH CARE DECISION MAKING
Rebekah C. Millard

PUBLIC POLICY RECOMMENDATIONS CONCERNING PRENATAL ADOPTION OF FROZEN EMBRYOS IN LIGHT OF FETAL MICROCHIMERISM
D. Brian Scarnecchia

INSTILLING PRO-LIFE MORAL PRINCIPLES IN DIFFICULT TIMES: THE EXPERIENCE OF ONE FAITH COMMUNITY
Lynn D. Wardle

LOST IN TRANSLATION: THE FAILURE OF THE INTERNATIONAL REPRODUCTIVE RIGHTS NORM
Susan Yoshihara

FLORIDA FEATURE

THE ROLE LAW SCHOOLS SHOULD PLAY IN FILLING THE JUSTICE GAP
Karen E. Millard

NOTES

ON THE LEGAL STANDARD FOR EVALUATING FREE EXERCISE CLAIMS IN THE CONTEXT OF SEX OFFENDER CIVIL COMMITMENT
Benjamin J. Bogos

THE FUTURE OF VEHICLE SEARCHES INCIDENT TO ARREST
William Sanders

COMPARING THE RIGHTS OF ADOPTEES AND DONOR-CONCEIVED OFFSPRING IN STATES GRANTING ACCESS TO ORIGINAL BIRTH CERTIFICATES AND ADOPTION RECORDS: AN EQUAL PROTECTION ANALYSIS
Brittney N. Sharp

PRESERVING THE SCHOOLHOUSE GATES: AN ANALYTICAL FRAMEWORK FOR CURTAILING CYBERBULLYING WITHOUT ERODING STUDENTS’ CONSTITUTIONAL RIGHTS
Olivia A. Weil

MASTHEAD

Issue 1 Fall 2011

SYMPOSIUM: ASSISTED REPRODUCTIVE TECHNOLOGY AND THE RIGHTS OF CHILDREN

ARTICLES

THE DISINTEGRATION OF FAMILIES AND CHILDREN’S RIGHT TO THEIR PARENTS
Lynn D. Wardle

NO DIFFERENCE? AN ANALYSIS OF SAME-SEX PARENTING
George W. Dent, Jr.

ARE TWO LESBIAN PARENTS BETTER THAN A MOM AND DAD? LOGICAL AND METHODOLOGICAL FLAWS IN RECENT STUDIES AFFIRMING THE SUPERIORITY OF LESBIAN PARENTHOOD
Walter Schumm

IS THERE AN OPTIMAL ENVIRONMENT FOR CHILD DEVELOPMENT?
Douglas Abbott

“NEW RIGHTS” IN PUBLIC INTERNATIONAL FAMILY LAW? WHAT INTERNATIONAL LAW ACTUALLY SAYS
Jane F. Adolphe

NOTES

WHO ARE THE PARENTS? IN LOCO PARENTIS, PARENS PATRIAE, AND ABORTION DECISION- MAKING FOR PREGNANT GIRLS IN FOSTER CARE
Amy Pedagno

ILLEGAL IMMIGRATION OVERSTAYS ITS WELCOME: HOW THE CRIMINALIZATION OF UNLAWFUL PRESENCE IN AMERICA WOULD HELP RELIEVE INADEQUACIES IN FEDERAL IMMIGRATION LAW
Nicole Blair

SEXTING AND SUBSIDIARITY: HOW INCREASED PARTICIPATION AND EDUCATION FROM PRIVATE ENTITIES MAY DETER THE PRODUCTION, DISTRIBUTION, AND POSSESSION OF CHILD PORNOGRAPHY AMONG MINORS
Joseph Paravecchia

 

Issue 2 Spring 2012

CONFERENCE: THE FOUNDATION OF HUMAN RIGHTS: CATHOLIC CONTRIBUTIONS, PART I

ARTICLES

ROSMINI’S UNDERSTANDING OF RIGHTS IN THE CHURCH, THE FAMILY, AND CIVIL SOCIETY
Robert L. Fastiggi

CONTEMPORARY APPLICATIONS OF ROSMINI’S VIEWS ON PERSONHOOD: SLAVERY AND INTELLECTUAL PROPERTY ABUSE
Riccardo Pozzo

THE RELATIONSHIP OF THE VIRTUE OF JUSTICE TO BLESSED ANTONIO ROSMINI’S APPROACH TO HUMAN RIGHTS
Gerry Rauch

OUR DEBT TO DE VITORIA: A CATHOLIC FOUNDATION OF HUMAN RIGHTS
Robert John Araujo

FRANCISCO DE VITORIA ON THE IUS GENTIUM AND THE AMERICAN INDIOS
Victor Salas

RETRIEVING A CATHOLIC TRADITION OF SUBJECTIVE NATURAL RIGHTS FROM THE LATE SCHOLASTIC FRANCISCO SUÁREZ, S.J.
Steven J. Brust

AQUINAS ON NATURAL LAW AND THE QUESTION OF A KANTIAN MISREADING
Patricia Pintado

ARISTOTLE ON HUMAN RIGHTS
Michael Pakaluk

HUMAN RIGHTS, ANCIENT AND MODERN
Cecilia Castillo

HUMANITAS IN CICERO’S MORAL PHILOSOPHY AND ITS CHRISTIAN RECEPTION
Thomas P. Scheck

MASTHEAD

Issue 1 Fall 2010

ARTICLES

PROTECTION OF HEALTH-CARE PROVIDERS’ RIGHTS OF CONSCIENCE IN AMERICAN LAW: PRESENT, PAST, AND FUTURE
Lynn D. Wardle

REFUSALS OF CONSCIENCE: WHAT ARE THEY AND WHEN SHOULD THEY BE ACCOMMODATED?
Kent Greenawalt

INDIVIDUAL RIGHTS VS. INSTITUTIONAL IDENTITY: THE RELATIONAL DIMENSION OF CONSCIENCE IN HEALTH CARE
Robert K. Vischer

CONSCIENTIOUS OBJECTION IN CLINICAL PRACTICE: NOTICE, INFORMED CONSENT, REFERRAL, AND EMERGENCY TREATMENT
Armand H. Matheny Antommaria

EMPOWERING PRIVATE PROTECTION OF CONSCIENCE
Robin Fretwell Wilson

THE RIGHT TO CONSCIENCE AND THE FIRST AMENDMENT
Richard S. Myers

DUTY FIRST: TOWARDS PATIENT-CENTERED CARE AND LIMITATIONS ON THE RIGHT TO REFUSE FOR MORAL, RELIGIOUS OR ETHICAL REASONS
Jill Morrison and Micole Allekotte

PROFESSIONAL CONSCIENTIOUS OBJECTION IN MEDICINE WITH ATTENTION TO REFERRAL
T.A. Cavanaugh

 

Issue 2 Spring 2011

LAW AND CULTURE

CHRISTIANITY ON TRIAL
Carl Anderson

ARTICLES

THE DILUTION PROBLEM AND OTHER ARGUMENTS AGAINST SAME-SEX MARRIAGE: HOW PERSUASIVE ARE THEY?
David Crump

WHEN “I DO” BECOMES “YOU WON’T!”— PRESERVING THE RIGHT TO HOME SCHOOL AFTER DIVORCE
Antony Barone Kolenc

ESSAY

THE LEGAL LEGACY OF POPE GREGORY I: IN LIFE AND IN LETTERS
Caitlin Stapleton

NOTES

THE RIGHT THING FOR THE WRONG REASONS? THE INCORPORATION OF THE SECOND AMENDMENT IN MCDONALD V. CHICAGO
Joshua A. Scott

RULE 11’S BIG-MOUTHED LITTLE BROTHER: HOW A FEDERAL ANTI-SLAPP STATUTE WOULD REPRODUCE RULE 11’S GROWING PAINS
James W. Devine

MASTHEAD

Issue 1 Fall 2009

ARTICLES

THE FEMININE VOCATION AND THE ECONOMY
Maria Sophia Aguirre

MULIERIS DIGNITATEM TWENTY YEARS LATER: AN OVERVIEW OF THE DOCUMENT AND CHALLENGES
Sr. Prudence Allen, R.S.M

COMMUNION OR SUSPICION: WHICH WAY FOR WOMAN AND MAN?
Helen M. Alvaré

THE PHILOSOPHICAL NOTION OF EQUALITY
I.F.C. Camp and M.R. Gonzalez

“SOMETHING NOT TO BE GRASPED”: NOTES ON EQUALITY ON THE OCCASION OF THE TWENTIETH ANNIVERSARY OF MULIERIS DIGNITATEM
Margaret McCarthy

A SPOUSAL HOUR
Marguerite A. Peeters

“THE FEMININE VOCATION” IN POPE JOHN PAUL II’S MULIERIS DIGNITATEM
Mary Timothy Prokes, F.S.E.

LEARNING FROM MARY: THE FEMININE VOCATION AND AMERICAN LAW
Elizabeth R. Schiltz

NOTES

COMMON CARRIAGE AND LIABILITY IN THE RAIL TRANSPORTATION OF TOXIC INHALATION HAZARD MATERIALS
Stephen J. Foland

SHOULD DESIGNERS PAY THE PRICE? A LOOK AT CONTRIBUTORY TRADEMARK INFRINGEMENT AS IT RELATES TO DIFFERENT OUTCOMES OF INTERNET AUCTION SITE LITIGATION IN THE UNITED STATES AND FRANCE
Rebecca M. Haynes

 

Issue 2 Spring 2010

SYMPOSIUM: A CELEBRATION OF THE TWENTIETH ANNIVERSARY OF MULIERIS DIGNITATEM, PART II

ARTICLES

MULIERIS DIGNITATEM: PORNOGRAPHY AND THE DIGNITY OF THE SOUL: AN EXPLORATION OF DIGNITY IN A PROTECTED SPEECH PARADIGM
Mary G. Leary

A DISORDERED VIEW OF MANHOOD AND ITS EFFECT ON THE IDEA OF WOMANHOOD
Ernest Caparros

EDUCATING FOR AN AUTHENTIC CHRISTIAN WOMANHOOD
Sr. Thomas Augustine Becker, O.P.

A RESPONSE TO AMNESTY INTERNATIONAL’S ABORTION POLICY IN LIGHT OF MULIERIS DIGNITATEM
Jane F. Adolphe

MARY: EXEMPLAR OF FAITHFUL LOVE FOR VIRGINS, SPOUSES, MOTHERS, AND THE CHURCH
Robert L. Fastiggi

MARRIAGE AND MULIERIS DIGNITATEM
Fr. John J. Coughlin, O.F.M.

MULIERIS DIGNITATEM: THE VOCATION OF A WIFE AND MOTHER IN A LEGAL COVENANT MARRIAGE
Katherine Shaw Spaht

A CIVILIZATION OF VOWS AND THE DIGNITY OF WOMEN
Mary Shivanandan

A COMMENTARY ON EPHESIANS 5 AND HEADSHIP
Lisa Lickona

MULIERIS DIGNITATEM, EPHESIANS 5, AND DOMESTIC VIOLENCE: GROUNDING INTERNATIONAL WOMEN’S HUMAN RIGHTS
Joseph Isanga

MULIERIS DIGNITATEM AND THE EXCLUSIVITY OF MARRIAGE UNDER LAW
Howard Bromberg

NOTES

LABOR PAINS IN FEMINIST JURISPRUDENCE: AN EXAMINATION OF BIRTHING RIGHTS
Sarah D. Murphy

THE CARMELO RODRIGUEZ MILITARY MEDICAL ACCOUNTABILITY ACT OF 2009: AN OPPORTUNITY TO OVERTURN THE FERES DOCTRINE AS IT APPLIES TO MILITARY MEDICAL MALPRACTICE
Kenneth R. Wiltberger

.

ASSOCIATE EDITORS

SARAH BAULAC

MATTHEW DEPIETRO

THOMAS LATORRE

BRETT BLEIER

CALLIE FREY

HELEN MENA

ADAM CRETELLA

CHERISH FULLER

 

Issue 1 Fall 2008

ARTICLES

POUNDING A FINAL STAKE IN THE HEART OF THE INVIDIOUSLY DISCRIMINATORY “PERVASIVELY SECTARIAN” TEST
James A. Davids

THE INDEPENDENCE OF FEDERAL PROSECUTORS A PANEL DISCUSSION AT THE FEDERALIST SOCIETY 2007 NATIONAL LAWYERS CONVENTION
Bob Barr, Merrick B. Garland, Jamie Gorelick and Andrew C. McCarthy & John C. Yoo

THE SIGN AND SEAL OF JUSTICE
Rafael Alberto Madan

THE GOOD NEWS OF INNERCHANGE
Anthony R. Picarello, Jr.

PROMOTING THE RULE OF LAW AND RESPECTING THE SEPARATION OF POWERS: THE LEGITIMATE ROLE OF THE AMERICAN JUDICIARY ABROAD
D. Brooks Smith

NOTES

BREAKING EVOLUTION’S MONOPOLY ON ORIGINS: SELF-GOVERNANCE, PARENTAL RIGHTS, AND RELIGIOUS VIEWPOINTS IN THE PUBLIC SQUARE—A RESPONSE TO KEVIN TROWEL’S DIVIDED BY DESIGN
Jared M. Haynie

NEITHER A “MOOSE” NOR A “PUPPET”: DEFINING A LAWYER’S ROLE WHEN DIRECTED TO PURSUE AN APPEAL NOTWITHSTANDING A VALID WAIVER OF APPELLATE RIGHTS
Gregory P. LaVoy

WHY THE EQUAL PROTECTION CLAUSE CANNOT “FIX” ABORTION LAW
Mary Catherine Wilcox

Issue 2 Spring 2009

ARTICLES

THE DEMISE OF CAPITAL PUNISHMENT IN THE CULTURE OF DEATH AND THE RELATIONSHIP BETWEEN PAIN AND PUNISHMENT
Damian P. Fedoryka

DOES “PROCEEDS” REALLY MEAN “NET PROFITS”? THE SUPREME COURT’S EFFORTS TO DIMINISH THE UTILITY OF THE FEDERAL MONEY LAUNDERING STATUTE
Jimmy Gurulé

THE BIOTERRORISM PREPAREDNESS AND RESPONSE ACT OF 2002 GOES TO GENEVA, OR, WOULD BIOTERROR GET THE SAME TREATMENT AS BIOTECH UNDER WTO RULES?
Sean C. Murray

THE PRESIDENT AS COMMANDER IN CHIEF
James P. Terry

NOTES

SPIN-LIFE INSURANCE POLICIES: A DIZZYING EFFECT ON HUMAN DIGNITY AND THE DEATH OF LIFE INSURANCE
Anthony Alt

A SHOT AT MENS REA IN AIDING AND ABETTING ILLEGAL FIREARMS POSSESSION UNDER 18 U.S.C. § 922(G)
Stephen R. Klein

Issue 1 Fall 2007

ARTICLES

POPE JOHN PAUL II AND RELIGIOUS LIBERTY
Gerard Bradley

POPE JOHN PAUL II, VATICAN II, AND CAPITAL PUNISHMENT
Howard Bromberg

COMMENCEMENT ADDRESS AVE MARIA SCHOOL OF LAW MAY 13, 2007
Judith C. Gallagher

ORIGINALISM AND PRECEDENT: PRINCIPLES AND PRACTICES IN THE APPLICATION OF STARE DECISIS
Richard J. Dougherty

POPE JOHN PAUL II AND IMMIGRATION LAW AND POLICY
James Parry Eyster

POPE JOHN PAUL II, FREEDOM, AND CONSTITUTIONAL LAW
Richard S. Myers

AN INTRODUCTION TO THE CANONICAL ACHIEVEMENTS OF POPE JOHN PAUL II
Edward N. Peters

NOTES

REBEL WITHOUT A CLAUSE: THE RIGHT “RIGHTS OF STUDENTS” IN NIXON V. BOARD OF EDUCATION AND THE SHADOW OF FREEDOM UNDER HARPER V. POWAY
Brian D. Eck

ECCLESIASTICAL DIVORCE IN HIERARCHICAL DENOMINATIONS AND THE RESULTING CUSTODY BATTLE OVER CHURCH PROPERTY: HOW THE SUPREME COURT HAS NEEDLESSLY RENDERED CHURCH PROPERTY TRUSTS INEFFECTUAL
Justin M. Gardner

CRUSHED AT THE COUNTER: PROTECTION FOR A PHARMACIST’S RIGHT OF CONSCIENCE
Nell O. Kromhout

PATENTS, TROLLS, AND PERSONAL PROPERTY: WILL EBAY AUCTION AWAY A PATENT HOLDER’S RIGHT TO EXCLUDE?
Paul M. Mersino

 

Issue 2 Spring 2008

ARTICLES

TO REFORM OR TO ABOLISH? CHRISTIAN PERSPECTIVES ON PUNISHMENT, PRISON, AND RESTORATIVE JUSTICE
Jordan J. Ballor

“THE DEVIL IS IN THE DETAILS”: A CONTINUED DISSECTION OF THE CONSTITUTIONALITY OF FAITH-BASED PRISON UNITS
Lynn S. Branham

PUTTING FAITH IN PRISON PROGRAMS, AND ITS CONSTITUTIONALITY UNDER THOMAS JEFFERSON’S FAITH-BASED INITIATIVE
James A. Davids

THE ENDURING ACHIEVEMENT OF ALEKSANDR SOLZHENITSYN
Edward E. Ericson, Jr.

COORDINATING THE EXERCISE AND ESTABLISHMENT CLAUSES: A NARROW ESTABLISHMENT CLAUSE TEST FOR GOVERNMENT FUNDING OF PRISONER REHABILITATION SERVICES BY RELIGIOUS PROVIDERS
Patrick M. Garry

“INNERCHANGE”: CONVERSION AS THE PRICE OF FREEDOM AND COMFORT—A CAUTIONARY TALE ABOUT THE PITFALLS OF FAITH-BASED PRISON UNITS
Alex J. Luchenitser

NOTES

THE PRISONER’S OMBUDSMAN: PROTECTING CONSTITUTIONAL RIGHTS AND FOSTERING JUSTICE IN AMERICAN CORRECTIONS
Brian D. Heskamp

DISCOVERING CHILD PORNOGRAPHY: THE DEATH OF THE PRESUMPTION OF INNOCENCE
Anna K. LaRoy

HUGS AND DRUGS: RESEARCH ETHICS, CONFLICT OF INTEREST, AND WHY THE FDA’S ATTEMPT TO PREEMPT PHARMA FAILURE-TO- WARN CLAIMS IS A DANGEROUS PRESCRIPTION
Christina Marie Martin

IT IS WHAT IT IS: LEGAL RECOGNITION OF ACQUAINTANCE RAPE
Leslie D. Robinson

Issue 1 Winter 2007

ARTICLES

MOSTLY UNCONSTITUTIONAL: THE CASE AGAINST PRECEDENT REVISITED
Gary Lawson

WAS ANN COULTER RIGHT? SOME REALISM ABOUT “MINIMALISM”
Stephen B. Presser

JUDICIAL PRECEDENT IN THE LATE EIGHTEENTH AND EARLY NINETEENTH CENTURIES: A COMMENTARY ON CHANCELLOR KENT’S COMMENTARIES
Charles J. Reid, Jr.

A CONSTITUTIONAL SIGNIFICANCE FOR PRECEDENT: ORIGINALISM, STARE DECISIS, AND PROPERTY RIGHTS
Polly J. Price

STARE DECISIS IN A CLASSICAL AND CONSTITUTIONAL SETTING: A COMMENT ON THE SYMPOSIUM
Steven D. Smith

LEGAL REVOLUTION: ST. THOMAS MORE, CHRISTOPHER ST. GERMAN, AND THE SCHISM OF KING HENRY VIII
Samuel Gregg

NOTES

IF YOU GRAB THE HONEY, YOU BETTER HAVE THE MONEY: AN IN-DEPTH ANALYSIS OF INDIVIDUAL SUPERVISOR LIABILITY FOR WORKPLACE SEXUAL HARASSMENT
Anthony D. Pignotti

ADHESION CONTRACTS DON’T STICK IN MICHIGAN: WHY RORY GOT IT RIGHT
Margaret M. Smith

YOU AIN’T MY BABY DADDY: THE PROBLEM OF PATERNITY FRAUD AND PATERNITY LAWS
Stephen A. Sherman

BLIGHT ELIMINATION TAKINGS AS EMINENT DOMAIN ABUSE: THE GREAT LAKES STATES IN KELO’S PUBLIC USE PARADIGMS
Trent L. Pepper

UNMOORED FROM ITS FOUNDATION
Matthew S. Akers

IS STARE DECISIS A CONSTRAINT OR A CLOAK?
Bryce G. Poole

 

Issue 2 Summer 2007

ARTICLES

JOHN PAUL II AND THE LAW: SOME PRELIMINARY REFLECTIONS
George Weigel

CAPITAL PUNISHMENT AND THE LAW
Kevin L. Flannery, S.J.

THE POPE’S PEACE AND SECURITY COUNCIL RESOLUTION 1325
Jane Adolphe

HOW LAW STUDENTS AND ATTORNEYS CAN HELP THE PRO-LIFE MOVEMENT
Fr. Frank Pavone, M.E.V.

NOTES

PROVING PERSECUTION: THE BURDENS OF ESTABLISHING A NEXUS IN RELIGIOUS ASYLUM CLAIMS AND THE DANGERS OF NEW REFORMS
Brigette L. Frantz

PROTECTING THE OTHER RIGHT TO CHOOSE: THE HYDE-WELDON AMENDMENT
Judith C. Gallagher

MAY A JUDGE BE A SCOUTMASTER? DALE, WHITE, AND THE NEW MODEL CODE OF JUDICIAL CONDUCT
Sean V. Grindlay

KATRINA’S HOUSE: THE CONSTITUTIONALITY OF THE FORCED REMOVAL OF CITIZENS FROM THEIR HOMES IN THE WAKE OF NATURAL DISASTERS
Jonathan Jorissen

Issue 1 Winter 2006

SYMPOSIUM: THE CORPORATION AND THE HUMAN PERSON

ARTICLES

CORPORATIONS, COMMON GOODS, AND HUMAN PERSONS
Robert G. Kennedy, PhD

THE CORPORATION AS A COMMUNITY OF WORK: UNDERSTANDING THE FIRM WITHIN THE CATHOLIC SOCIAL TRADITION
Michael Naughton

CORPORATIONS AND THE COMMON GOOD
D. Stephen Long

ESSAY

THE CORPORATION: WHAT IS IT?
James V. Schall, S.J.

LAW AND CULTURE

INTERNATIONAL LAW AND THE RIGHT TO LIFE
Richard G. Wilkins and Jacob Reynolds

NOTES

THE EMERGENCY EXCEPTION IN PARENTAL INVOLVEMENT LAWS AND THE NECESSITY OF POST-EMERGENCY NOTIFICATION
Andrew R. Willis

ALTERNATIVE METHODS FOR SENTENCING YOUTHFUL OFFENDERS: USING TRADITIONAL TRIBAL METHODS AS A MODEL
Clare E. Lyon

WHERE ARE WE GOING, WHERE DID WE COME FROM: WHY THE FEDERAL SENTENCING GUIDELINES WERE INVALIDATED AND THE CONSEQUENCES FOR STATE SENTENCING SCHEMES
Kathleen H. Morkes

 

Issue 2 Summer 2006

ARTICLES

INTRODUCTORY REMARKS TO ALFONSO CARDINAL LÓPEZ TRUJILLO’S THE NATURE OF MARRIAGE AND ITS VARIOUS ASPECTS
Edward N. Peters

THE NATURE OF MARRIAGE AND ITS VARIOUS ASPECTS
Alfonso Cardinal López Trujillo

THE HOLY SEE AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS: WORKING TOWARD A LEGAL ANTHROPOLOGY OF HUMAN RIGHTS AND THE FAMILY
Jane Adolphe

JUDGING MARRIAGE: AN EXPERIMENT IN MORALS AND CONDUCT
Hon. Maura D. Corrigan

IF MARRIAGE IS NATURAL, WHY IS DEFENDING IT SO HARD? TAKING UP THE CHALLENGE TO MARRIAGE IN THE PEWS AND THE PUBLIC SQUARE
Maggie Gallagher

MARRIAGE AND THE FAMILY IN ECONOMIC THEORY AND POLICY
Maria Sophia Aguirre

COVENANT MARRIAGE: AN ACHIEVABLE LEGAL RESPONSE TO THE INHERENT NATURE OF MARRIAGE AND ITS VARIOUS GOODS
Katherine Shaw Spaht

AN ANTHROPOLOGY FOR THE FAMILY LAW OF INDIS/SOLUBILITY
Helen M. Alvaré

THE CRISIS OVER THE INSTITUTION OF MARRIAGE AND CONTEMPORARY BIOETHICS
Luke Gormally

TRADITION AND DEVELOPMENT IN THE CATHOLIC CHURCH’S TEACHING ON MARRIAGE: A RESPONSE TO CARDINAL TRUJILLO
John J. Coughlin, O.F.M.

THE SEDUCTION OF LYDIA BENNET: TOWARD A GENERAL THEORY OF SOCIETY, MARRIAGE, AND THE FAMILY
Scott FitzGibbon

NOTES

GENETIC LIBERTY, GENETIC PROPERTY: PROTECTING GENETIC INFORMATION
Jeffery Lawrence Weeden

MASTHEAD

Issue 1 Spring 2005

SYMPOSIUM: RETHINKING RIGHTS: HISTORICAL, POLITICAL, AND THEOLOGICAL PERSPECTIVES

ARTICLES

Keynote Addresses

NATURAL LAW AND HUMAN RIGHTS IN ENGLISH LAW: FROM BRACTON TO BLACKSTONE
R. H. Helmholz

HISTORICAL ROOTS OF MODERN RIGHTS: BEFORE LOCKE AND AFTER
Brian Tierney

Historical Perspectives

NATURAL RIGHTS, EQUALITY, AND THE DECLARATION OF INDEPENDENCE
George W. Carey

SPIRITUAL FREEDOM—PHYSICAL SLAVERY: THE MEDIEVAL CHURCH AND SLAVERY
James Muldoon

TOWARD AN UNDERSTANDING OF MEDIEVAL UNIVERSAL RIGHTS: THE MARITAL RIGHTS OF NON-CHRISTIANS IN EARLY SCHOLASTIC AND CANONISTIC WRITINGS
Charles J. Reid, Jr.

Discussant

HUMAN ORIGINS AND HUMAN RIGHTS IN THE GENOME AGE
Nora O’Callaghan

Political Perspectives

TOWARD A SOCIAL PLURALIST THEORY OF INSTITUTIONAL RIGHTS
Jonathan Chaplin

INDIVIDUAL AND GROUP, NATURAL AND ACQUIRED RIGHTS: ON THE NEED FOR UNCLEAR DISTINCTIONS
Bruce P. Frohnen

UNIVERSAL HUMAN RIGHTS, THE UNITED NATIONS, AND THE TELOS OF HUMAN DIGNITY
William Joseph Wagner

Discussant

RETHINKING RIGHTS—INSTITUTIONS, BOROUGHS, AND THE UNITED NATIONS
Stephen J. Safranek

Theological Perspectives

THE RIGHTS OF MONADS OR OF INTRINSICALLY SOCIAL BEINGS? SOCIAL ONTOLOGY AND RIGHTS TALK
Kenneth L. Grasso

RIGHTS AND THE NEED FOR OBJECTIVE MORAL LIMITS
Charles E. Rice

THE ONTOLOGY OF RIGHTS
Kenneth L. Schmitz

Discussant

DEEPER LONGINGS: THE RELEVANCE OF CHRISTIAN THEOLOGY FOR CONTEMPORARY RIGHTS THEORIES
Kevin P. Lee

LAW AND CULTURE

CHALLENGES FACING OUR SYSTEM OF JUSTICE
Edwin Meese III

NOTES

RELIGIOUS LAND-USE AND THE FOURTEENTH AMENDMENT’S ENFORCEMENT CLAUSE: HOW THE FMLA PAVED THE WAY TO THE RLUIPA’S CONSTITUTIONALITY
Aaron Keesler

BY ANY OTHER NAME: DEFINING MALE AND FEMALE IN MARRIAGE STATUTES
Teresa A. Zakaria

 

Issue 2 Summer 2005

THE FRAMEWORK OF FULL FAITH AND CREDIT AND INTERSTATE RECOGNITION OF SAME-SEX MARRIAGES
William A. Reppy, Jr.

IS THE MASSACHUSETTS LAW ON MARRIAGE OF NON-RESIDENTS A BARRIER TO THE SPREAD OF SAME-SEX MARRIAGE?
Dwight G. Duncan

CIVIL UNIONS AND THE MEANING OF THE PUBLIC POLICY EXCEPTION AT THE BOUNDARIES OF DOMESTIC RELATIONS LAW
Emily J. Sack

THE PUBLIC POLICY DOCTRINE AND INTERJURISDICTIONAL RECOGNITION OF CIVIL UNIONS AND DOMESTIC PARTNERSHIPS
Richard S. Myers

STATE CHOICE-OF-LAW DOCTRINE AND NON-MARITAL SAME-SEX PARTNER BENEFITS: HOW WILL STATES ENFORCE THE PUBLIC POLICY EXCEPTION?
L. Lynn Hogue

A CRITICAL ANALYSIS OF INTERSTATE RECOGNITION OF LESBIGAY ADOPTIONS
Lynn D. Wardle

RED STATES, BLUE STATES, MARRIAGE DEBATES
Stanley E. Cox

A VERMONT CIVIL UNION AND A CHILD IN VIRGINIA: FULL FAITH AND CREDIT?
David M. Wagner

THE DEFENSE OF MARRIAGE ACT AND THE RECOGNITION OF JUDGMENTS
Sheldon A. Vincenti

G.K. CHESTERTON’S UNCOMMONLY SENSIBLE VIEWS ON THE LAW
Dale Ahlquist

IS THE RIGHT TO PRIVATE PROPERTY MORE SACRED THAN THE RIGHT TO LIFE? THE CASE OF TERRI SCHIAVO
Michael J. Offenheiser

ADDING COLOR: AN ARGUMENT FOR THE COLORABLE SHOWING APPROACH TO HYBRID RIGHTS CLAIMS UNDER EMPLOYMENT DIVISION V. SMITH
John L. Tuttle

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