Ave Maria Law Review

Ave Maria Law Review is a journal published semi-annually by the Ave Maria School of Law and located in Ann Arbor, Mich., which provides articles on researching law with a Catholic perspective and is written for lawyers, law students and law professors.

Articles from Vol. 6, No. 1, Fall

Commencement Address Ave Maria School of Law: May 13, 2007
Happy Mother's Day to my mom and to all of our mothers here who, with our dads, were vital in our reaching this day. And, of course, our sincere gratitude to the husbands, wives, and children of the graduates for their constant love and support. ...
Crushed at the Counter: Protection for a Pharmacist's Right of Conscience
INTRODUCTION I. MENGES V. BLAGOJEVICH: A CASE STUDY A. Exploration of the Emergency Rule and Its Effect on Illinois Pharmacists B. Repercussions of the Emergency Rule for Rights Under the Free Exercise Clause and Title VII ...
Ecclesiastical Divorce in Hierarchical Denominations and the Resulting Custody Battle over Church Property: How the Supreme Court Has Needlessly Rendered Church Property Trusts Ineffectual
INTRODUCTION Controversy and conflict often define political life in America. Republicans and Democrats, along with the occasional third party, constantly fight to gain political power by emphasizing their differences on the hot political issues...
Originalism and Precedent: Principles and Practices in the Application of Stare Decisis
INTRODUCTION The proper understanding of the relationship between constitutional interpretation that is faithful to the text of the Constitution and the relative importance of precedent or stare decisis is a complicated matter, as the contributions...
Patents, Trolls, and Personal Property: Will eBay Auction Away a Patent Holder's Right to Exclude?
INTRODUCTION Trolls are attacking corporate America. They are ruining innovation, taxing the American people, and wreaking havoc on our legal system. Trolls must be stopped. At least, that is what many in the field of patent law, as well as some...
Pope John Paul II and Immigration Law and Policy
INTRODUCTION The immigration debate in the United States and in other developed countries has proved vitriolic and divisive, one view espousing limited immigration based on a stringent selection process reflecting the interests of the inhabitants...
Pope John Paul II and Religious Liberty
Pope John Paul II will deservedly be remembered as one of the previous century's great champions of freedom. He championed the cause of all peoples oppressed by their governments, especially those nations enslaved behind the Iron Curtain. (1) He championed...
Pope John Paul II, Freedom, and Constitutional Law
INTRODUCTION This is an important conference in the history of the law school. (1) The thought of Pope John Paul II was extremely important in the formation of the Ave Maria School of Law. Dean Bernard Dobranski and other law school leaders were...
Pope John Paul II, Vatican II, and Capital Punishment
INTRODUCTION I am very pleased to be participating in this conference on the legacy of Pope John Paul II. Although I am speaking on John Paul II's profound impact on the Church's teaching on the morality of capital punishment, I would like to begin...
Rebel without a Clause: The Right "Rights of Students" in Nixon V. Board of Education and the Shadow of Freedom under Harper V. Poway
INTRODUCTION [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. (1) ~W. Va. Bd....