St. John's Law Review

St. John's Law Review is a magazine focusing on Law

Articles from Vol. 75, No. 2, Spring

Audience Participation
PROFESSOR PERRY: I'm not an expert on this aspect of the non-establishment jurisprudence. Although reasonable people of good faith can certainly disagree about school vouchers as a policy matter and school choice as a policy matter, we are now past the...
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Audience Participation
DAVID GREGORY: Father Richard John Neuhaus was here a few weeks ago with pro-life students. He talked about the increasing criminalization of many aspects of our religious beliefs and practice. I think the first panel might be able to also comment on...
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Audience Participation
AUDIENCE MEMBER: Brother Sulmasy, you mentioned that you did not think that the Hegelian supersessive was all that popular anymore. My sense is maybe this is not a fair description, but there is a real temptation for the Sandel crowd to creep toward...
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Common Schools and the Common Good: Reflections on the School Choice Debate
Thank you very much for this timely and important discussion on school choice, religious faith, and the public good. First things first-Steven Green is right: The Cleveland school-voucher case is headed for the Supreme Court.1 And I am afraid that Mr....
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Critical Legal Issues Involving Vouchers
The practice of using school vouchers for private religious schools has reached a critical threshold as both a legal and policy issue. The Milwaukee Parental Choice Program enacted in 1990, initially for nonsectarian schools, was expanded in 1995 to...
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Faith and the Lawyer's Practice
I am going to start with two texts relating to faith and the lawyer's practice. The first is an opinion of the Tennessee Board of Professional Responsibilities, which Howard Lesnick has written so eloquently about.1 A lawyer who believed that abortion...
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Four Basic Notions of the Common Good
INTRODUCTION I am delighted to be here among lawyers-it is a rare opportunity for a physician. I am very grateful to John Coughlin, my brother, for asking me to think about the common good. I told him that I never think about the common good and in trying...
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Keynote Address
My happy association with St. John's University School of Law is almost thirty years old and owes itself to the foresight of the Bishop of this Diocese, Bishop McCovero at that time, in providing me the legal education to found and administer the Diocesan...
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Legal Dimensions of Educational Vouchers
In recent years, the concept of school choice has come to the forefront of public debate. Once considered a heresy against the creed of the common school, family choice proposals are slowly gaining increased support from across the political spectrum...
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Promoting Generic Drug Availability: Reforming the Hatch-Waxman Act to Prevent Unnecessary Delays to Consumers
INTRODUCTION The cost of prescription drugs has skyrocketed in the past decade.1 The increase is partially attributed to the costs associated with the extensive research a drug must undergo before it can be made available to consumers.2 As a result of...
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Questioning the Power of Consumerism to Reform Public Education
Legend has it that as the people were rioting in the streets in Paris just before the French Revolution, Marie Antoinette turned to her assistant and asked, "What is wrong? Why are the people fighting in the streets?" "They have no bread to eat, your...
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Rape: The Paradigmatic Hate Crime
INTRODUCTION On Wednesday, October 7, 1998, twenty-two year old Matthew Shepard was found unconscious and tied to a fence in the Wyoming countryside, his body severely beaten and burned. Shepard, who was gay, had met two men at the Fireside Lounge, a...
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Riding the Second Wave of the Called Religious Lawyering Movement
I first need to say that I am glad that I am here. Whenever I come to a program at a Catholic law school, oddly enough, I feel as if I have come home. I feel this way because the things that nag at me about being a lawyer and, predictably, the teaching...
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School Choice: The Threshold Question
School choice is an issue that has several dimensions. There is an educational dimension, which involves a consideration of whether choice may or may not improve the present condition in American Education. There is also the legal dimension that involves...
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Symposium Law, Religion and the Public Good: Opening Remarks
Good morning, everyone. I'd like to call this to attention because His Eminence and I said that we always began class and other important events on time. My name is Joseph Bellacosa. I'm the Dean of the Law School. I'm privileged as Dean to welcome everyone...
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The Common Good in Catholic Social Thought
I must say it has been a while since I looked at Aristotle or St. Thomas and certainly Reverend Coughlin can tell me how many, many, many years ago that was. But as I reviewed their concepts of the human person, I realized that St. Thomas breathed wonderful...
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The Conception of the Human Person
I am a New York City Catholic who was educated by the Dominican nuns at St. Rosalina Parish in Washington Heights. In the 1940s and 1950s, Catholic social thought consisted basically of having nine children and sending all of them to parochial schools....
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The Lawyer's Calling Revisited: Second Look or Second Thoughts?
I was invited to speak about a book I wrote a few years ago entitled The Lawyer's Calling: Christian Faith and Legal Practice.' I was asked to talk about what I got right, what I got wrong, what I would do the same, and what I would do differently. I'll...
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The Practical Impact of the Common Good in Catholic Social Thought
As an introduction to the general panel discussion, I would like to pose the following question. Is the notion of the common good in Catholic social thought merely a nice sounding theory, or does it have any real and practical impact? The Vatican II...
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The Pursuit of Justice
I am an eleventh-hour worker and at one o'clock this morning, I turned off the computer and said what will be will be. The videotape in my head started running and I was back in Professor Gregory's law school class. He asked, "Who went to mass yesterday?"...
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