Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

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Friday, June 13, 2014

Happy Birthday, Jérôme LeJeune!

I just got an email from the Jérôme LeJeune Foundation reminding me that today would have been the 88th birthday of Servant of God Jérôme LeJeune.  In 1958, Dr. LeJeune discovered that Down syndrome is caused by an extra copy of the 21st chromosome; he later established the first specialized clinic for Down syndrome patients in Paris, and discovered the cause of cri-du-chat syndrome, 2 other trisomies, and helped us understand fragile X syndrome.

Dr. LeJeune was also passionately devoted to protecting the lives of the vulnerable subjects of his research.  Among other things, he was first president of the Pontifical Academy for Life.   His cause for sainthood is being postulated by the Abbey of Saint Wandrille in France.

In celebration of the life of the man some consider the patron saint of people with Down syndrome, I offer links to:

  • a lovely "rare" interview with Dr. LeJeune in English (with an interesting account of the cost-benefit analysis of preserving the lives of people with Down Syndrome); and
  • the website of what looks like a fantastic new movie featuring a young man with Down Syndrome, Produce . (Too bad it doesn't star Angelina Jolie... but I challenge you to watch the trailer and not try to find a local showing!) 

June 13, 2014 in Schiltz, Elizabeth | Permalink

Friday, May 30, 2014

Not Dead Yet .....

... is my all-time favorite name for an advocacy group.  Not Dead Yet is a "national, grassroots disability rights group that opposes legalization of assisted suicide and euthanasia as deadly forms of discrimination against old, ill and disabled people. Not Dead Yet helps organize and articulate opposition to these practices based on secular social justice arguments. Not Dead Yet demands the equal protection of the law for the targets of so called “mercy killing” whose lives are seen as worth-less."  

Two of their recent activities deserve our attention.

1.  Co-authoring an amicus brief with the Autistic Self Advocacy Network, in a case challenging the University of Wisconsin Hospital Center’s alleged practice of counseling families of people with developmental disabilities to withhold care for treatable but potentially life-threatening medical conditions, such as pneumonia. (Disability Rights Wisconsin v. University of Wisconsin Hospital and Clinics). The complaint alleges that:

one thirteen-year-old child died of pneumonia and one adult was denied care after University of Wisconsin Hospital physicians advised families to withdraw antibiotics, nutrition, and hydration. When the child's regular caregivers objected to withdrawing treatment, UWHC physicians allegedly encouraged the family to have him transferred to the University of Wisconsin Hospital, where he was taken off of antibiotics, nutrition, and hydration, and transferred to hospice care. He died the next day.

In both cases, Disability Rights Wisconsin claimed, doctors allegedly based their determinations on their patients’ supposedly low quality of life as individuals with disabilities, and acted without the approval of the hospital ethics committee.

2.  A comment letter filed in New York State, expressing concern about some aspects of a New York initiative to reduce unnecessary hospitalizations of Medicaid patients:

The comment letter claims that the Conversation Project makes it clear that the fear of living with a disability is what drives the seemingly innocuous decision-making process designed to steer people away from receiving care.  The letter quotes several excerpts from the Starter Kit on the Conversation Project website as examples of how living with disability is discussed in a negative way that could lead people to conclude that disability is a fate worse than death and, thus, execute advance directives that reflect that assumption.


May 30, 2014 in Schiltz, Elizabeth | Permalink

Friday, March 21, 2014

Happy World Down Syndrome Day!

Celebrate with us the presence of that third chromosome # 21 (3/21) by watching this beautiful message to a new mom: http://chzb.gr/1fDgS43 .

March 21, 2014 in Schiltz, Elizabeth | Permalink

Friday, February 21, 2014

Euthanasia for Children in Belgium: WWJD?

Mary Jo Anderson has written a wonderful essay on Belgium's recent approval of a law permitting children to "choose" euthanasia, on the Crisis Magazine website, Mocking Compassion:  Euthanasia Beyond Belgium.  She points out something that should make it simple for Christians to cut through all the tortured reasoning about 'compassion' and 'choice' and 'suffering' that swirls around in euthanasia debates.  She writes:

Christians can take their cue on the question from Malcolm Muggeridge: “Jesus healed the sick, raised Lazarus from the dead, gave back sanity to the deranged, but never did He practice, or include, killing as part of the mercy that occupied His heart. His true followers cannot but adopt the same attitude.”


February 21, 2014 in Schiltz, Elizabeth | Permalink

Friday, February 7, 2014

Upcoming Murphy Institute Conferences: "Feminism, Law and Religion"

The Murphy Institute is going to be busy this spring semester.  Please join us in March for this one:


with keynote address by

Rev. Elizabeth A. Eaton

presiding bishop, Evangelical Lutheran Church in America



This two-day conference continues a conversation begun by feminist legal scholars and theologians, marked by the recent publication of Feminism, Law and Religion (Ashgate Press 2013, Failinger, Schiltz, and Stabile, eds), about the role that theology and religious law from diverse religions can play in the construction and critique of just law throughout the world.


Feminist Legal Theory- Religious and Secular Encounters

Emily Albrink Hartigan, St. Mary's University School of Law, Texas
Cheryl B. Preston, Brigham Young University School of Law, Utah
Elizabeth Schiltz, University of St. Thomas School of Law, Minnesota
Susan Stabile, University of St. Thomas School of Law, Minnesota

Domestic Violence, Religion and Law

Deborah Cantrell, University of Colorado Law School
Naomi Graetz, Ben Gurion University of the Negev, Israel
Juliane Hammer, University of North Carolina at Chapel Hill

Feminist Readings of Theological Texts on Women's Concerns

Hina Azam, University of Texas
Marie Failinger, Hamline University School of Law, Minnesota
Asifa Quraishi-Landes, University of Wisconsin Law School
Frances Raday, Hebrew University of Jerusalem Faculty of Law

Reinterpreting Women's Roles and Women's Human Rights

Nimat Hafez Barazangi, Cornell University, New York
M. Christian Green, Emory University School of Law, Atlanta
Ayelet Shachar, University of Toronto Faculty of Law

Women's Leadership Within Religious Communities

Sr. Sara Butler, University of St. Mary of the Lake Seminary in Mundelein, Illinois
Rebecca Redwood French, State University of New York at Buffalo School of Law
Mary Szto, Hamline University School of Law, Minnesota

Workshops on Emerging Scholarship in Feminism, Law, and Religion

These informal sessions provide an opportunity for scholars from varied disciplines to present their works-in-progress and are organized around these topics: Women's Leadership; Women and Human Rights Issues; Women, Religion, and U.S. politics; and Women in the Catholic Church: Emerging Issues.

Abigail Bartels, University of Notre Dame
Adena Berkowitz, Yeshivat Chovevei Torah Rabbinical School
Naomi Cahn, The George Washington University Law School
Shlomo Chaim Pill, Emory University School of Law
Julia Ernst, University of North Dakota School of Law
Rev. Joseph Hurtuk, S.M., S.T.D., University of St. Thomas
Roberta Kwall, DePaul University College of Law Center for Jewish Law and Judaic Studies
Sandra Laguerta, First Things
Dana Lloyd, Syracuse University
Katie Mollen, Minnesota Catholic Council
Charles Reid, University of St. Thomas School of Law
Amy Ziettlow, Institute of American Values in New York City

First Female Bishop of the Evangelical Lutheran Church in America


Rev. Elizabeth Eaton
Presiding Bishop,
Evangelical Lutheran
Church in America

Thursday, March 20,
7:00 p.m.

Woulfe Auditorium,
Anderson Student Center

University of
St. Thomas,
St. Paul campus

The Rev. Elizabeth A. Eaton was elected as the ELCA's fourth presiding bishop at the 2013 ELCA Churchwide Assembly. She is the denomination's first female presiding bishop.

Eaton holds a Master of Divinity degree from Harvard Divinity School in Cambridge, Mass., and a Bachelor of Arts degree in music education from the College of Wooster in Wooster, Ohio.


College of Arts and Sciences

Jay Philips Center for Interfaith Learning

Luann Dummer Center for Women

Muslim-Christian Dialogue Center

Siena Symposium for Women, Family, and Culture

Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy

Free and open to the public.

"Conversations in Feminism, Law, and Religion" has been approved for 9.75 Continuing- Legal- Education credits.



February 7, 2014 in Schiltz, Elizabeth | Permalink

Monday, January 13, 2014

Impact of the Dying of "the Greatest Generation" on Disability Care

Like Cecelia (welcome!), I only recently had the chance to read through Evangelii Gaudium, and like her, I found it to be a 'treasure trove for reflection.'  I must confess, though, to finding myself a tiny bit disappointed by the lack of mention of people with disabilities among Pope Francis's listing of the most vulnerable.  It's clear from his actions in reaching out to people with disabilities in so many ways that they are among the populations to which he feels a special commitment, so the lack of mention of them in the Exhortation was something I noticed.

So today, I was delighted to see this report in Zenit of Pope Francis' private audience with Ileana Argentin, a member of the Italian parliament who is disabled and active in disability issues.  The main topic of the meeting was an issue that I've recently become aware of as an emerging issue in the U.S. as well, "the importance of supporting the parents of seriously disabled people, who experience great anxiety about what may happen to their children after their own deaths, and the difficulties their siblings may encounter in assuming the responsibility of care."

In recent conversations with disability organizations in different parts of the country, I am noting a growing concern about our ability to care for the disabled children of the "Greatest Generation."  (This is also an issue I'm facing personally from two directions, as my disabled son turned 18 and we think about his future, at the same time that my siblings and I are confronting the future care of our own brother with disabilities, still living at home with our aging mother.)    Among the battles the Greatest Generation fought were the ones fought by brave and caring parents to keep their children with disabilities from being institutionalized, to get them into public schools, and to get jobs and other sorts of community support for their kids.  But many of these parents did this work privately, without involving the (then-nonexistent) state support mechanisms.  Many of these children did not move into group homes, and all of these children are now themselves adults, still living at home with aging parents who are dying or increasingly unable to care for themselves.  Transitioning into any kind of a group care situation is difficult under any circumstances, but the difficulty is magnified when the transition is taking place in the midst of mourning the death of a parent.  I heard one story of a disabled adult living at home whose mother died; it only came to the attention of the 'authorities' when members of their local church noticed they had stopped attending Mass. 

I'm grateful to Pope Francis for bringing some attention to this emerging crisis in the care of some of the most vulnerable.



January 13, 2014 in Schiltz, Elizabeth | Permalink

Thursday, January 9, 2014

Another Law School Ranking Scheme

The National Jurist's PreLaw magazine just published another law school ranking that ought to be of interest to MOJ readers, even if only to quibble about how impossible/illegitmate/inappropriate this is to be the subject of a 'ranking':  "The best law schools for devout Catholics, Christians, Jews, Muslims, and Mormons." Of course, my initial position is that this MUST be credible/legitimate/appropriate, since UST Law is ranked #2 for Catholic Law Schools, and the article cites me (along with other friends of MOJ).

January 9, 2014 in Schiltz, Elizabeth | Permalink

Friday, November 15, 2013

Scaraffia and Voce on "Women in the Church"

John Allen's latest column references (and translates, for those of us who don't speak Italian) a recent article on the front page of  L'Osservatore Romano, titled "Women in the Church,"  in which Lucetta Scaraffia  "a widely respected correspondent and columnist who often writes on women's issues", interviewed Maria Voce, president of the international Focolare movement.  Allen writes:


As Scaraffia notes, the Focolare, founded by Italian laywoman Chiara Lubich, have made it a principle of their statutes that the president must be a woman. For that reason, and because the Focolare are among the largest movements, Scaraffia describes Voce as "the most eminent woman in the Catholic world." 


Scaraffia argues that for too long, women were willing to accept a "subaltern" status in the church, but that today, "the situation is changing rapidly." She quotes with approval Voce's line that the church needs not only to appreciate what have been traditionally defined as "female gifts," such as the capacity to form loving relationships, but also that it must "seek out, and listen to, the thinking of women."


Three possible new roles for women emerge in the L'Osseravtore piece:


  • A "not too small" entrance into "organisms of consultation, thought and decisions" in the church. Presumably, though Scaraffia doesn't quite say this out loud, this implies in part more women at decision-making levels in the Vatican.
  • The creation of a consultative body to the pope similar to the Council of Cardinals but composed of both laywomen and men. Such a group, Voce says, "would make me enthusiastic."
  • Allowing movements such as the Focolare to incardinate priests who have been ordained elsewhere. Up to now, Voce reports, permission has been denied -- perhaps, she says, because someone is afraid of putting a priest under the authority of a woman.

"The words of Maria Voce make clear that legitimate requests for true recognition of the feminine presence in the church don't come just from groups of radicals demanding women's ordination, but from authoritative and moderate figures," Scaraffia writes.


"Behind those requests," she adds, "is certainly the majority of women who belong to the church."



November 15, 2013 in Schiltz, Elizabeth | Permalink

Thursday, November 7, 2013

A promising partnership

From ZENIT:  "Catholic Relief Services, the charity organization of the US bishops, is partnering with Special Olympics International to expand services for those with intellectual disabilities in developing countries and help them thrive.

. . . The partnership builds on the strengths of each organization. CRS works in 91 countries providing solutions to address tough problems such as poverty, hunger, drought, disease and emergencies, reaching more than 100 million of the world’s poorest people each year. Special Olympics has grown to become the largest global public health organization dedicated to serving people with intellectual disabilities.

The chairman of Special Olympics, Timothy Shriver, noted how those with disabilities "are among the most marginalized, isolated and neglected populations in the world."

"They and their families have not been adequately or proportionately represented in development strategies, interventions, funding or goals," he said. "This partnership will help address that urgent need."

The CEO and president of CRS, Carolyn Woo, also welcomed the partnership, saying it will help the aid agency to "strengthen health systems to diagnose and address the needs of children with intellectual disabilities." " 

November 7, 2013 in Schiltz, Elizabeth | Permalink

Tuesday, November 5, 2013

One step back, 26 miles forward, for people with developmental disabilities

Earlier this year I posted about the recent lawsuit brought by a group of people with developmental disabilities against a state facility in Cambridge, Minnesota, for illegal use of restraints and seclusion.  Though the plaintiffs won that lawsuit, they don't seem to have won the fight to end these practices.  The court-appointed monitor in that case just filed a report with the court finding that these practices persist, even in a progressive state like Minnesota, in the enlighted year of 2013, under the public glare of this litigation.  That's the one step back. 

But then, in New York City, Jimmy Jensen just successfully completed the NY Marathon -- the first person with Down Syndrome to do so!  If you want to be really impressed by something you see on the internet, watch this story about him (HT: Rick -- thanks!)

November 5, 2013 in Schiltz, Elizabeth | Permalink