Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

Sunday, April 26, 2015

Scarpa Conference's Summer Reading Challenge

Rick's tour de force in summarizing the presentations at Friday's Scarpa Conference at Villanova conveys a sense of why we are all so grateful to Patrick Brennan for bringing us together.  However, he stopped blogging too soon.  The most dramatic event was the dinner afterwards, when Patrick and John Breen almost came to fisticuffs over whether Evelyn Waugh's Brideshead Revisted, or Graham Greene's The Power and the Glory, is the quintessential Catholic novel.  (Susan Stabile tried to broker a compromise with Dostoevsky's Brothers Karamozov, but she didn't make much headway.)

So we're suggesting a virtual summer book club.  Some of us may read, or re-read, (or watch the movie versions of) any or all of those three books over the summer, and post our thoughts.  The winner (if one emerges) will get to hear Michael Scaperlanda's defense of Godfather III as the best of the Godfather movies......

April 26, 2015 in Schiltz, Elizabeth | Permalink

Friday, March 20, 2015

Saturday is World Down Syndrome Day!

Tomorrow (3/21) is World Down Syndrome Day. 
Celebrate by watching this great video put out by the Jerome LeJeune Foundation (named after the geneticist who discovered that Down Syndrome was caused by trisomy 21 (3 copies of the 21st chromosome), currently on the road to canonization.
Or this inspirational story about the basketball team of at Lincoln Middle School in Wisconsin defending one of their cheerleaders with Down Syndrome.
Or do yourself a real favor spend some time celebrating with a person with Down Syndrome!

March 20, 2015 in Schiltz, Elizabeth | Permalink

Friday, February 6, 2015

Teaching about Just Wage or Family Leave Policies?

The Murphy Institute has posted on line videos of two recent programs that might make great resources for anyone who might want to inject some Catholic perspectives into a class on the topics of just wage, family leave policies, or the role of amicus briefs at the Supreme Court.  As an added bonus, two of the speakers are MOJ'ers.

One is a program in the Murphy Institute's "Hot Topics:  Cool Talk" series:  Just Wages: Catholic Social Thought and Economic Perspectives.  It features MOJ'er Susan Stabile and David O. Vang, UST professor of Finance, both applying Catholic social teachings to policy questions like raising the minimum wage, and both coming up with different prudential conclusions.

The second is a panel on the Young v. UPS case recently argued in front of the Supreme Court, in which a part-time UPS driver challenged UPS's refusal to accommodate the lifting restrictions her doctor recommended during her pregnancy, claiming a violation of the Pregnancy Discrimination Act. The panelists include two UST School of Law professors, MOJ'er Thomas Berg and Teresa Collett, who served as counsel on an amicus brief filed for the case in support of Peggy Young, by a large coalition of pro-life groups.  The other panelists were Sara Gross-Methner, UST's General Counsel, and Melissa Raphan, Labor and Employment Department Head of the law firm of Dorsey & Whitney. 

Both of these programs offer sophisticated, nuanced discussions of the issues at stake, and could be valuable supplements to courses touching on these topics.

February 6, 2015 in Schiltz, Elizabeth | Permalink

Thursday, January 22, 2015

Good Reading for Jan. 22

The always insightful and eloquent defender of pro-life feminism, Erika Bachiochi, hits it out of the ballpark again today in an op-ed on the CNN website. 

January 22, 2015 in Schiltz, Elizabeth | Permalink

Friday, December 12, 2014

Great job opening: Direct of Center for Catholic Studies, UST

The University of St. Thomas is searching for a Director for its Center for Catholic Studies, which, among many other wonderful things, is the co-sponsor (along with UST Law School) of the Murphy Institute for Catholic Thought, Law, and Public Policy (which I co-direct).  Here's the description of the enterprise of the Department & Center for Catholic Studies, from the job posting:

The Department and the Center for Catholic Studies comprise an integrated project at St. Thomas. While the Department focuses principally on degree-granting activities, the Center oversees the work of three major institutes and a quarterly journal. It also sponsors multiple lectures and faculty development programs. The director of the Center will be responsible for coordinating the work of these institutes as well as other forms of outreach within the university and the broader community. This will include work with benefactors and other development activities.


The Department offers an undergraduate major and minor as well as a graduate degree (M.A.) in Catholic Studies.  In our teaching and scholarship, we are committed to the complementarity of faith and reason across all academic disciplines, to sustaining and developing the richness and breadth of the Catholic intellectual tradition, and to the general principles articulated in Ex corde ecclesiae.  We seek candidates who share these commitments. 


More details here.

December 12, 2014 in Schiltz, Elizabeth | Permalink

Wednesday, October 22, 2014

Feast Day of St. John Paul II

Today is the first feast day of one of our newest saints, St. John Paul II.  (And, in a happy coincidence, the wedding anniversary of not one, but two MOJ'ers: me and Rick Garnett.)

To celebrate, here are some relevant links:

"Be not afraid!"

October 22, 2014 in Schiltz, Elizabeth | Permalink

Friday, October 10, 2014

Unlikely Allies

Two women in two publication outlets representing what one would assume to be diametrically opposing world views recently both decried the same sad fact:  that 90% of fetuses diagnosed with Down Syndrome in the country are aborted.   Check it out.  See the post by Ki’tay Davidson, blogger on the Black Girl Dangerous Blog (describing its mission: as "to, in as many ways possible, amplify the voices, experiences and expressions of queer and trans* people of color"), entitled "Angry About the White Lesbians Suing for Having a Black Child:  You're Missing Something".  (Thanks to a former student, Bethany Jennings, for bringing it to my attention.)  Then see the post by Denise Hunnell on ZENIT (describing itself as "an international, non-profit news agency staffed by a team of professionals and volunteers who are convinced that the extraordinary wisdom of the Pontiff and the Catholic Church can nourish hope, and assist all of humanity to find truth, justice and beauty"), entitled, "Down Syndrome Does Not Make Life Disposable:  Why is Disdain Becoming More Acceptable?".

Is a consensus emerging?


October 10, 2014 in Schiltz, Elizabeth | Permalink

Friday, October 3, 2014

Celebrating Down Syndrome Awareness Month

A couple of weeks ago, out of the blue, I received an e-mail from a stranger about a book chapter I wrote over ten years ago about my prenatal diagnosis of my son’s  Down Syndrome.  Over the following days, I got a steady trickle of e-mails about the same piece, from people all over the world.  I eventually traced it back to an edited version of the chapter printed on a website in Australia associated with the Sydney Daily Herald.  They reprinted my piece in the wake of the furor over the Australian couple who hired a surrogate mother from Thailand to gestate twins for them, and refused to take the twin who was born with Down Syndrome (a beautiful boy named Gammy). 


Most of the emails I got were from other mothers who had children with Down Syndrome, and most of the time we exchanged some variation of the sentiment:  "Aren't we the lucky ones?"  One of the moms followed up her initial e-mail with another that said, "My daughter with Down syndrome just got nominated for homecoming court!!!  The world is definitely changing for the better.”


I certainly share her view that, with respect to day to day treatment of people with disabilities, the world (or at least the U.S.) is a better place now than it used to be.  My work over this past year on this Disability Justice website confirmed that.  The “Basic Legal Rights” section of the website tells the story of the evolution of our fundamental civil rights laws to recognize the right of people with developmental disabilities to live with dignity in our communities rather than in segregated institutions, to be free from unnecessary restraints, to be educated in our public schools, to work, and not to be subject to involuntary sterilization or servitude.


But it can be discouraging to continue to see, even today, examples of  how those basic rights continue to be ignored for the most vulnerable among us.  The website was funded from a cy pres fund established in connection with a settlement reached by the Minnesota Department of Human Services of a lawsuit brought in 2009 (!!) on behalf of three men in a state-run residential facility for people with developmental disabilities.  The plaintiffs claimed that “as a means of behavior modification, coercion, discipline, convenience and retaliation, . . . staff restrained plaintiffs using law enforcement-type metal handcuffs and leg hobbles for conduct as benign as spitting, laughing or hand-washing.”  The judge in this case has had to appoint a Court Monitor to oversee implementation of the Settlement Agreement, and has now twice extended court’s jurisdiction over the case, in the face of the State’s continued failure to live up to its agreement.  In his most recent order extending jurisdiction for another two years, just this September, U.S. District Court Judge Donovan Frank wrote:  “Multiple admonitions to the DHS have been insufficient to secure effective action by the DHS to close the significant gaps between its stated intentions and actions. Continued implementation delays can no longer be tolerated. More importantly, the dignity, quality of life, and best interests of every Class Member and similarly situated individuals with disabilities hinge on fulfillment of the promises made by Defendants at the fairness hearing in this matter.”


The entire Disability Justice website is peppered with links to recent news reports of the continued disregard for the dignity and legal rights of people with disabilities.  The story of the group of men with cognitive disabilities locked up nights in a vermin-infested building, released in the day to eviscerate turkeys for $65 a month reads like something from a Victorian horror novel, rather than a New York Times report about a situation uncovered in 2009 in rural Iowa.  Equally heart-breaking are some of the other stories linked in the pages outlining the continued abuse and exploitation of people with cognitive disabilities, in the links at the bottom of this page.  


October is Down Syndrome Awareness Month.  Let’s hope it brings more stories of beautiful children with Down Syndrome being nominated to homecoming courts, and fewer stories of beautiful children with Down Syndrome being rejected by their parents.



October 3, 2014 in Schiltz, Elizabeth | Permalink

Wednesday, September 17, 2014

The Virtues of Consumer Law

I just came across an interesting Call for Papers for the 15th Conference of International Consumer Law, to be held in Amsterdam next summer.  The theme of the conferences is "Virtues and Consumer Law."

Proposals on the following possible topic areas are identified as being especially encouraged, presumably because they represent the "virtues" contemplated by the conference organizers.  Setting aside some qualms I have about the very first one, this struck me as a very interesting list of 'virtues' in this particular field of law.  

- Self-realization (in tourism, air travel or entertainment sector);

- Faith (in public and/or private enforcement of consumer law, in collective redress);

- Curiosity (in e-commerce, telecommunication sector or on innovation and consumer law);

- Compassion (towards vulnerable consumers, in medicine or in clinical trials);

- Frugality (in the banking sector or in financial contracts);

- Fairness (against unfair commercial practices and/or misleading advertising, against unfair contract terms, in protection of SMEs, through good faith and fair dealing);

- Trust (through data protection, on privacy and security issues, through product safety and/or product liability, from behavioural economics perspective);

- Forgiveness (through mediation or ADR);

- Self-development (through education, through services, through consumer sale contracts);

- Hope (against overindebtness, through clean-slate doctrine, by way of insurance).

September 17, 2014 in Schiltz, Elizabeth | Permalink

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