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Property and Moral Responsibilities: Some Reflections on Modern Catholic Social Theory
Get PDFProfessor Eric Claeys’s forthcoming book, Natural Property Rights, offers a deep perspective on property rights principles. However, while the law tends to focus—as I believe it must—on property rights, rights are inextricably intertwined with duties or responsibilities. The natural rights framework for property is, as Claeys says, “good enough for government work.” It reflects a principled way for the government to allocate property rights and use the law to protect them.
However, it is necessary to look beyond what is desirable for government to protect through law. Other sources propose parameters for reasoned use of property with an emphasis on duties. The Catholic social tradition offers a perspective on the moral duties and responsibilities that accompany property rights. This is not a substitute for natural property rights and their robust legal protection. Rather, it is a way to supplement legally defined rights with a moral perspective stressing the correlative duties and responsibilities that come with those rights. This paper argues that the more focus there is on a rights-based view of property from a legal perspective, the more important it is to look at moral frameworks to promote a healthy and holistic vision of property. Modern Catholic social theory offers just such a framework
Resolved: A Debate Between Josh Craddock and William Hodes
No full textThe Federalist Society for Law (FedSoc) at The Catholic University of America Columbus School of Law (Catholic Law) hosted its first “Resolved” debate of the 2023-2024 academic year the evening of Tuesday, November 7. Focusing on whether Congress derives from Section 5 of the fourteenth amendment authority to prohibit intentional abortions after fifteen weeks, visiting speakers Joshua Craddock and William Hodes debated how far the authority of the Equal Protection Clause extends. Craddock, an academic lawyer affiliated with the James Wilson Institute on Natural Rights and the American Founding, argued that Congress could, through citing this clause, in fact restrict abortions after fifteen weeks; while Hodes, a professor emeritus of Indiana University School of Law—now known as the Indiana University Maurer School of Law—defended the opposite view
Eyeing the Next Revolution of Wearable Technology: How the Law Should Frame Smart Glasses
No full textOn January 26, 2023, the Catholic Law community joined together for the first presentation of the 2023 Student Scholars Series, given by third-year law student Liam Fulling. Fulling\u27s work entitled, Eyeing the Next Revolution of Wearable Technology: How the Law Should Frame Smart Glasses, examines the safety and public surveillance concerns around wearable technology, and the need for a legislative response to data privacy. The Presentation respondent was Professor Emeritus Clifford Fishman
A New Birth of Civil Rights
No full textOn February 8, the Center for Law and Human Person (CLHP) held discussion, A New Birth of Civil Rights, at The Catholic University of America Columbus School of Law (Catholic Law) in Washington, D.C. The panel was introduced and moderated by the CLHP Associate Director and Lecturer at Catholic Law, Louis Brown. The discussion opened with the question of What are Civil Rights?, and with a brief history of civil rights in the United States by Roger Severino, Vice President of Domestic Policy, The Heritage Foundation, and Danielle Brown, Associate Director of the ad hoc Committee Against Racism at the United States Conference of Catholic Bishops.
The American Civil Rights movement in particular the American legal civil rights movement was based on a belief in the ideals articulated in the Declaration of Independence, that all people are created equal and endowed by God with the right to life, liberty, and the pursuit of happiness. The Declaration of Independence’s advancements of the rights to life, liberty, and happiness affirm a commitment to the equal God given dignity of every person and therefore equal justice under the law. This ideal inherently proclaims the reality that the state and the laws that govern the people in our nation must respect and protect the dignity and God-given rights of each person. Tragically, the United States failed to live up to these ideals because of the culture of death that was exhibited most dramatically in the form of the institution of slavery and the racism and the dehumanization of Native Americans
Keynote Address
No full textCait Taub Gaines, Lead Articles Editor, Catholic University Law Review Vol. 72, followed and introduced the Symposium\u27s keynote speaker, Marianne Engelman-Lado, Acting Principal Deputy Assistant Administrator, Office of Environmental Justice and External Civil Rights, United States Environmental Protection Agency. Following the Keynote speaker, the Symposium adjourned for a brief break
The Originalist Jurisprudence Of Justice Samuel Alito
Get PDFSince Justice Alito’s appointment to the Supreme Court in 2006, constitutional theorists have struggled with how to characterize his approach to constitutional adjudication. Many scholars have argued that “Justice Alito is not to any significant extent an originalist” but is, instead, “a methodological pluralist” who uses both originalist and non-originalist tools of constitutional adjudication. Others have contended that “Justice Alito’s jurisprudence is originali[st], though not in the traditional sense.
Poland at the border of Putin’s war against Ukraine and the West
No full textOn February 2, Ambassador Marek Magierowski, Poland Ambassador to the United States, spoke at The Catholic University America Columbus School of Law (Catholic Law) as part of the University\u27s Global Connections Series. The audience was welcomed by Stephen Payne, Dean and Knights of Columbus Professor of Law at Catholic Law. Following his welcome, Dean Payne then introduced Lydia Korostelova (3L), who introduced Ambassador Magierowski.
The Ambassador\u27s talk, Poland at the border of Putin’s war against Ukraine and the West, began with some background on Vladimir Putin and Russia. Magierowski discussed Poland\u27s separation from Russia in 1989, joining NATO in 1999, and becoming a European Union member in 2004. He highlighted Poland’s welcome to Ukrainians crossing the Polish border with more than two million currently remaining as the war continues within Ukraine. Ninety-five percent are women and children, with at least 200,000 Ukrainian children now in Polish schools. He pointed out the importance of the western aid coming into Ukraine and how that aid is essential for the survival of Ukraine. Magierowski touched on the Russian war crimes, what is necessary to end the war, and more
