Loyola University Chicago, School of Law: LAW eCommons
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Religious Freedom and Public Argument: John Courtney Murray on “The American Proposition”
No full textIn his classic essays in We Hold These Truths, John Courtney Murray developed an understanding of “the American proposition” that integrated a theological account of human good with the search for public consensus in a constitutional democracy. While this understanding of the relationship between religious freedom and political life was incorporated into Catholic social teaching at the Second Vatican Council, subsequent developments in both political theory and theology call Murray’s understanding of public discourse into question. This essay examines these challenges and argues that Murray’s reconciliation of moral truth and political choice is still an important resource for discussion of religious freedom and other moral issues in today’s polarized politics
Picking Spinach
No full textStudent-edited law reviews are the currency of the legal academy. Publishing scholarship in respected law journals is a central factor in the decision-making process to hire, promote, and tenure law professors. However, the way editors choose manuscripts for publication is too susceptible to bias and too dependent on irrelevant signals, which exploit the labor of editors. This essay examines some of those troubling features and a few low-cost reforms to improve the system
Children\u27s Participation in Holding International Peacekeepers Accountable for Sex Crimes
No full textOver the years, there have been hundreds of unresolved allegations and specifically-identified, credible cases of United Nations- ( UN ) mandated or otherwise UN-authorized international peacekeepers perpetrating sex-related human rights violations and crimes against children in the country of deployment. In some situations, such as in the Central African Republic, children have been the frequent victims of these alleged sex crimes by international peacekeepers. Arguably, these crimes can rise to the level of Rome Statute-defined international crimes in some instances. 2 This paper discusses the potential for child participation in international judicial and quasi-judicial mechanisms directed towards: (i) criminal and/or civil accountability of individual international peacekeepers for sexual exploitation and abuse of children, and (ii) accountability of the troop-sending State where there is a failure of that State to properly investigate and, where warranted, prosecute their peacekeeper nationals responsible for SEA perpetrated while on a UN peacekeeping mission. This paper also highlights the tensions that can arise between (i) the child\u27s right to participate in the pursuit of justice in seeking accountability and a remedy for their SEA victimization by international peacekeepers and (ii) the child\u27s immediate and long-term protection needs
Constitutive Compliance
No full textI come to the topic of this roundtable as an outsider. I teach bankruptcy, contracts, and commercial law, so my observations about antitrust and compliance are trans-substantive, brief, and offered at the highest level of abstraction. I offer three broad insights about the role of compliance, generally within a firm: (1) compliance should be viewed as a core topic in corporate governance; (2) compliance should focus on fundamental behavioral norms rather than complex rules; and (3) compliance should be thought of as constitutive rather than constraining. Insofar as these insights apply to antitrust, there are considerable differences among types of violations as to which level of the firm needs to be the focus of the compliance obligation: directors, officers, and product line employees