The Catholic University of America Columbus School of Law
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Originalism and the Catholic Intellectual Tradition: A Jurist\u27s Perspective
No full textOn Thursday, October 13, 2022, Catholic Law’s Project on Constitutional Originalism and the Catholic Intellectual Tradition (CIT) hosted its fourth speaker event of the fall at the Columbus School of Law, titled “Originalism and the Catholic Intellectual Tradition: A Jurist\u27s Perspective.” CIT welcomed three highly respected judges — Judge Kyle Duncan, United States Court of Appeals for the Fifth Circuit; Judge Paul B. Matey, United States Court of Appeals for the Third Circuit; and Judge Amul R. Thapar, United States Court of Appeals for the Sixth Circuit — to discuss the relationship between originalism and the Catholic intellectual tradition from the perspective of a judge
Is the Administrative State Morally Legitimate
No full textOn the evening of November 1, Catholic Law’s Project on Constitutional Originalism and the Catholic Intellectual Tradition (CIT) and The American Enterprise Institute (AEI) co-hosted a discussion of the morality of the administrative state. The discussion featured: Jennifer Mascott, Assistant Professor of Law, Antonin Scalia Law School, George Mason University; Paul J. Ray, Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage Foundation; Chad Squitieri, Assistant Professor of Law, The Catholic University of America Columbus School of Law; and Adam J. White, Senior Fellow, The American Enterprise Institute
Reflecting Our Lady: Radical Hospitality to the Child
No full textOn the evening of November 16, Elizabeth R. Kirk, Director of the Center for Law & the Human Person, Research Associate, and Lecturer at Catholic Law, delivered the 2022 Mirror of Justice Lecture entitled, “Reflecting Our Lady: Radical Hospitality to the Child.” The audience was welcomed to the Walter A. Slowinski Courtroom with opening remarks from Emily Johnson (2D), President of the Saint John Paul II Guild of Catholic Lawyers. Johnson introduced Fr. Aquinas Guilbeau, O.P., Chaplain and Director of Campus Ministry, to give the opening prayer. Dean Stephen C. Payne followed with his own welcome and acknowledgement of the work Kirk has achieved while at the law school
Diplomatic Impact in the Stars? A Review of the Impact of the Artemis Accords on Global Relationships
Get PDFThis essay examines the near-term and possible long-range impacts of the Artemis Accords on our relationships to our allies and whether the accords amount to a significant narrative shift in international space relations. Per the National Aeronautics and Space Administration (NASA), the Accords “describe a shared vision for principles, grounded in the Outer Space Treaty of 1967, to create a safe and transparent environment which facilitates exploration, science, and commercial activities for all of humanity to enjoy.” Many U.S. space allies have already signed, but do these accords truly strengthen our international relationships? Will they create a notable change in how space-faring nations approach contentious space policies in the future? To examine these questions this paper explores and explains the history, purpose, and intent of the Artemis Accords, followed by the international reactions among U.S. allies and adversaries, and an assessment of the current impact of the Accords on existing international space laws and norms
Moving From Harm Mitigation to Affirmative Discrimination Mitigation: The Untapped Potential of Artificial Intelligence to Fight School Segregation and Other Forms of Racial Discrimination
Get PDFAcross the Aisle -- Nonprofit Advocacy
No full textCatholic Law’s Law and Public Policy Lecture Series hosted a virtual event on Wednesday, January 19, 2022. The evening program, “Across the Aisle—Nonprofit Advocacy,” welcomed guest speakers Beth Kingsley, Partner, Harmon Curran, and Barnaby Zall, Law Office of Barnaby Zall—both leading experts in the nonprofit advocacy space, with clients on different sides of the ideological divide. Kingsley and Zall shared how they provide legal advice on charitable lobbying and political activity, and how they work together on matters of common concern
Three Kinds of Fault: Understanding the Purpose and Function of Causation in Tort Law
Get PDFCausation is a concept of enormous importance in the law. In just the last two years, the United States Supreme Court has explicitly considered its importance and meaning on at least three occasions, in areas of the law as diverse as specific personal jurisdiction, Title IX, and Section 1981. It has also been the subject of sustained scholarly examination and debate. In no area of the law is causation as foundational and omnipresent as in tort law, and in no sphere within tort law is it more prevalent than in its dominant cause of action, negligence. Unsurprisingly then, the causation requirement in tort law, and in negligence, has received a great deal of attention and analysis by both courts and commentators. Nevertheless, there remains a striking lack of consensus regarding the causation requirement, ranging from disagreement about the basic rationale for its existence as a part of the negligence claim, to the more specific details of its doctrinal organization and articulation. This Article contributes to this ongoing discussion by offering an account of the causation requirement in negligence that places at its core the role that requiring causation plays in seeking to restrict the formal liability generated by the negligence tort to only those defendants who are deemed to be genuinely socially responsible for the harm suffered by the plaintiff. On this account, causation exists as part of the prima facie case for negligence, and in tort law more generally, as a means of ensuring that all liable defendants possess a particular kind of fault with respect to the injury suffered by the plaintiff. In developing this understanding of causation in negligence, the Article identifies three different kinds of fault that a defendant might have regarding a given harm, demonstrates how a workable system of injury compensation could exist that requires only one, and explains how and why the causation requirement operates to ensure that negligence liability is conditioned upon the presence of all three. Moreover, the Article describes how the long-standing doctrinal features of the causation requirement, including its best-known exceptions, can best be understood as serving this underlying policy purpose. Additionally, suggestions for improving the effectiveness of causation doctrine that follow from this analysis are identified and discussed
Reflections from a Grassroots Perspective on Solutions to Ending Child Poverty
No full textThe first panel provided an in-depth perspective on child poverty from someone who has worked in the trenches of addressing poverty. The presentation was framed in the context of St. Ann’s Center for Children, Youth, and Families’ mission and how that mission has evolved over the years—adapting to the changing needs of those they serve
Resolved: Internet Platforms Should Be Treated Like Common Carriers
No full textIn Knight First Amendment Institute at Columbia University v. Trump, 928 F.3d 226 (2d Cir. 2019), the Second Circuit Court of Appeals held that President Donald Trump’s Twitter account was a public forum; as such, President Trump was said to have violated the First Amendment rights of several users when he blocked them from participation. Upon appeal, as Biden v. Knight First Amendment Institute at Columbia University, 593 U.S. ____ (2021), the Supreme Court vacated the decision. However, Justice Clarence Thomas issued a concurring opinion in which he questioned how a private company held to be a public forum could eliminate accounts and ban individuals. He suggested the area might fall within the law of common carriers. Under that doctrine, governments may require businesses closely associated with public concerns—such as transportation and communication—to serve all customers. The 2022 Seigenthaler Debate revolved around this issue.
Format: The program lasted approximately ninety minutes, and consisted of a welcome by Professor A.G. Harmon, introductions by Professor Marshall Breger, the debate, and an opportunity for the audience to submit questions through the moderator
