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Categories
Mary Ann Glendon, Paolo G. Carozza & Colin B. Picker, Comparative Legal Traditions: Text, Materials and Cases on Western Law (West Academic Publ'g 4th ed. 2014).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
Sub-Categories:
Comparative Law
,
Civil Law
,
Legal Education
Type: Book
Abstract
This new edition includes some significant revisions since the last edition was published in 2007. In addition to updating the materials to take into account developments in the law in the examined jurisdictions, the new edition also places discussion of the relevant regional law, for the most part European Union and Council of Europe law, within the examinations of the specific legal systems themselves (more accurately reflecting the realities of operating within those systems). In addition, there are updates and addition to the in-depth chapters focusing on discrete comparative problems and exercises.
Mary Ann Glendon, The Forum and the Tower: How Scholars and Politicians Have Imagined the World, from Plato to Eleanor Roosevelt (Oxford Univ. Press 2011).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Law & Political Theory
,
Legal History
,
Legal Scholarship
Type: Book
Abstract
The relationship between politics and the academy has been fraught with tension and regret—and the occasional brilliant success—since Plato himself. This book examines thinkers who have collaborated with leaders, from ancient Syracuse to the modern White House, in a series of brisk portraits that explore the meeting of theory and reality. The book discusses a roster of great names, from Edmund Burke to Alexis de Tocqueville, Machiavelli to Rousseau, John Locke to Max Weber, down to Charles Malik, who helped Eleanor Roosevelt draft the 1948 Universal Declaration of Human Rights. With each, it explores the eternal questions they faced, including: Is politics such a dirty business that I shouldn't get involved? Will I betray my principles by pursuing public office? Can I make a difference, or will my efforts be wasted? Even the most politically successful intellectuals, it notes, did not all end happily. The brilliant Marcus Tullius Cicero, for example, reached the height of power in the late Roman Republic, then fell victim to intrigue, assassinated at Mark Antony's order. Yet others had a lasting impact. The legal scholar Tribonian helped Byzantine Emperor Justinian I craft the Corpus Juris Civilis , which became a bedrock of Western law. Portalis and Napoleon emulated them, creating the civil code that the French emperor regarded as his greatest legacy.
Mary Ann Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (Random House 2001).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
,
International Law
,
Treaties & International Agreements
Type: Book
Abstract
Unafraid to speak her mind and famously tenacious in her convictions, Eleanor Roosevelt was still mourning the death of FDR when she was asked by President Truman to lead a controversial commission, under the auspices of the newly formed United Nations, to forge the world’s first international bill of rights.
Mary Ann Glendon, Fix to Little Sisters’ Contraception Fight Lies with Obamacare, Nat’l L. J., Apr. 4, 2016, at 27.
Categories:
Disciplinary Perspectives & Law
,
Health Care
,
Government & Politics
Sub-Categories:
Religion & Law
,
Supreme Court of the United States
,
Health Law & Policy
Type: News
Mary Ann Glendon & Thomas J. Reese, Report From Vietnam: the struggle between government and religion, 214 America Mag. 32 (Feb. 29, 2016).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Religion & Law
,
Foreign Law
,
East Asian Legal Studies
Type: Article
Mary Ann Glendon, Foreword to Robert P. George, Conscience and Its Enemies: Confronting the Dogmas of Liberal Secularism (rev. ed. 2016).
Categories:
Constitutional Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Religion
,
First Amendment
,
Legal Theory & Philosophy
Type: Book
Mary Ann Glendon, Reclaim Human Rights, 265 First Things: A Monthly Journal of Religion & Public Life 19 (2016).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
Type: Article
Mary Ann Glendon, Paolo G. Carozza & Colin B. Picker, Comparative Legal Traditions in a Nutshell (West Academic Publ'g 4th ed. 2016).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
Comparative Law
,
Foreign Law
,
European Law
Type: Book
Abstract
"This nutshell offers a general introduction to comparative law that includes both an overview of the methods of comparative law as well as of the two most widespread legal traditions in the world: civil (or Romano-Germanic) law and common law. For both legal traditions, this expert discussion covers their history; legal structures, including constitutional systems, courts, and judicial review; the roles of central legal actors, including lawyers, judges, and scholars; an overview of civil and criminal procedure; the principal sources of law and divisions of substantive law; and the judicial process. Throughout, the discussion also includes references to the place and the importance of supranational law and institutions and their impact on the civil law and common law traditions in Europe"--Publisher.
Katrina Lantos Swett & Mary Ann Glendon, The (Non) Free Exercise of Religion, Foreign Pol’y, Aug. 10, 2015.
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
Sub-Categories:
Religion & Law
,
Foreign Law
,
Human Rights Law
Type: Article
Mary Ann Glendon, Is Religious Freedom an ‘Orphaned’ Right?, in The Changing Nature of Religious Rights Under International Law ch. 1 (Malcolm Evans, Peter Petkoff & Julian Rivers eds., 2015).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Constitutional Law
Sub-Categories:
Religion
,
Religion & Law
,
International Law
Type: Book
Abstract
The chapter argues that whether religious freedom will rise or decline in status as a fundamental right will depend to some extent on the educational, legal, and political efforts in which many activists are engaged, but it will depend even more on the attitudes and actions of religious believers and leaders themselves. Theirs is the responsibility to educate and encourage their co-religionists to the responsible exercise of religious freedom. It is up to them to find ways to advance their religiously grounded moral viewpoints with reasoning that is intelligible to all men and women of good will. It is up to each religious group to reject ideologies that manipulate religion for political purposes, or that use religion as a pretext for violence. It is up to each religious group to find resources within its own traditions for promoting mutual respect and tolerance.
Mary Ann Glendon, Comparative Law in the Age of Globalization, 52 Duq. L. Rev. 1 (2014).
Categories:
Constitutional Law
,
International, Foreign & Comparative Law
,
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Comparative Law
,
Foreign Law
Type: Article
Abstract
In this lecture, Professor Glendon discusses the evolution of comparative law in the United States since the American Association of the Comparative Study of Law (now the American Society of Comparative Law) was founded in 1951. The bulk of the lecture is devoted to the Supreme Court's recent references to foreign law in constitutional adjudication and how they illustrate the benefits and risks of comparative law in the judicial process.
Religion & Civil Society: The Changing Faces of Religion & Secularity (Mary Ann Glendon & Rafael Alvira eds., Olms 2014).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Religion & Law
Type: Book
Abstract
This work represents proceedings of a conference held at Harvard Law School. Religious and secular seem to be opposite concepts and realities. Nevertheless, while starting from religion, the concept of secular as non-religious is understandable, the converse is not true: starting from secular, we cannot arrive at the concept of religion. Since the concept of religion cannot be understood as that which is non-secular, there is an unavoidable superiority of the idea of religion over the idea of secularity. It is impossible to emphasise the primacy of secularity without denying the reality of religion or understanding it in a distorted manner. But in a world where religion is increasingly privatized and public spaces have been largely emptied of religious references, it also seems impossible to talk seriously about religion without dealing with the idea of secularity. The relation between religion and secularity is a question of the most decisive importance in general and in the present situation. Confronting this question in an open spirit is the principal goal of this book.
Pontifical Academy of Social Sciences, The Proceedings of the 18th Plenary Session on The Global Quest for Tranquillitas Ordinis: Pacem in Terris, Fifty Years Later (Mary Ann Glendon, Russell Hittinger & Marcelo Sanchez Sorondo eds., 2013).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Religion & Law
Type: Book
Abstract
The Academy’s Eighteenth Plenary Session was the second of its three projected meetings devoted to reflection on the themes of Pope John XXIII’s encyclical Pacem in Terris in the light of the changes that have taken place since that historic document was issued nearly fifty years ago. The Academy began its examination of the current status of those themes in 2011 with a Plenary devoted to the encyclical’s engagement with the modern human rights project, focusing specifically on religious freedom as emblematic both of the aspirations and the dilemmas of the universal human rights idea. This year, in an outstanding program coordinated by Professor Russell Hittinger, we turned directly to the global quest for peace. The Plenary yielded a sobering answer to the question that Pope Benedict had posed to representatives of the world’s religions who gathered at Assisi last year to pray for peace: “What is the state of play with regard to peace today?” Many speakers noted how much the global landscape had changed since Pacem in Terris addressed the threats to peace in 1963. Yet there was general consensus that today the reign of peace remains elusive, menaced by regional conflicts, civil wars, the proliferation of weapons of mass destruction, and the rise of terrorism by non-state actors, some claiming religious motives.
Mary Ann Glendon, The Influence of Catholic Social Doctrine on Human Rights, 10 J. Cath. Soc. Thought 69 (2013).
Categories:
Discrimination & Civil Rights
,
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Religion & Law
,
Law & Social Change
,
Human Rights Law
,
Developing & Emerging Nations
Type: Article
Abstract
In the article, Professor Glendon traces the influence of human rights on Catholic social thought through five phases: (1) during the post-World War II human rights "moment"; (2) during the Cold War years; (3) during the fall of oppressive regimes in South Africa and Eastern Europe; (4) during the 1990s, and (5) during the pontificate of Pope Benedict XVI.
Mary Ann Glendon, Religious Freedom - A Second-Class Right?, 61 Emory L.J. 971 (2012).
Categories:
Constitutional Law
,
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
,
Government & Politics
Sub-Categories:
First Amendment
,
Religion
,
Religious Rights
,
Religion & Law
,
Supreme Court of the United States
Type: Article
Abstract
Although the Bill of Rights does not establish a hierarchy among the values it seeks to protect, Supreme Court decisions over time have classified certain rights as essential to a fundamental scheme of ordered liberty. The prominent place of the First Amendment’s provisions protecting religious freedom on this “Honor Roll of Superior Rights” has seldom been openly challenged. Recent legal, political, and cultural developments, however, prompt the question whether religious freedom is becoming, de facto, a lesser right—one that can be easily overridden by other rights, claims, and interests. On the legal front, as freedom of religion comes into increasing conflict with nondiscrimination norms and claims based on abortion rights and various lifestyle liberties, the rights of religious entities to choose their own personnel, and even to publicly teach and defend their positions on controversial issues, are coming under intense attack. The deferential standard of review adopted by the Supreme Court in 1990, moreover, has put a considerable damper on efforts to mount effective legal challenges to restrictions on free exercise. A political consequence of the Court’s deferential standard has been not only to discourage religious persons and groups from defending their rights but also to embolden those who aim to reduce the influence of religion—especially organized religion—in American society. Nor is the status of religious freedom as secure in American culture as it once was. Recent social science data indicates that, ironically, the social consensus behind religious freedom seems to be weakening just when pathbreaking work has begun to document the social and political benefits of religious freedom. I conclude that among these legal, political, and cultural challenges, the most ominous is cultural. For, as Learned Hand once said, if liberty dies in the hearts of men and women, “no constitution, no law, no court can save it.” That does not mean that the legal and political efforts carried on by friends of religious freedom are fruitless. Whether religious freedom retains a prominent place on the honor roll of superior rights will certainly depend to some extent on those efforts. But even more decisive will be the attitudes and behavior of religious believers and leaders themselves.
Mary Ann Glendon, Traditions in Turmoil (Sapientia Press 2006).
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Constitutional Law
Sub-Categories:
Religion
,
Religion & Law
,
Human Rights Law
Type: Book
Abstract
That ours is a time of intellectual, cultural, moral, and religious turmoil does not need to be argued. What does need to be argued, and what Glendon argues with force and freshness, is that our response to turmoil requires a greater honesty in coming to terms with tradition, and with traditions in conflict. That is little understood by many on both the political left and right. Quoting one of her favorite thinkers, theologian Bernard Lonergan, she urges us to be “big enough to be at home in the both and old and new; and painstaking enough to work out one at a time the transitions to be made.” Working within the capacious structure of the Christian intellectual tradition, most reflectively and generously articulated in Catholic teaching, Glendon constructively engages alternative ways of thinking about what it means to be human and what is required to nurture a society worthy of human beings. As the reader will see, her work ranges far and wide, and it goes deep. There is hardly a subject she addresses that does not change the way we think about it.
Mary Ann Glendon, The Rule of Law in the Universal Declaration of Human Rights, 2 Nw. J. Int'l Hum. Rts. 1 (2004).
Categories:
International, Foreign & Comparative Law
Sub-Categories:
International Law
,
Treaties & International Agreements
,
Human Rights Law
Type: Article
Abstract
The aim of this essay is to recall the history of the rule-of-law provisions of the Universal Declaration of Human Rights, with the hope of shedding some light on current controversies over the respective roles of nation-states and international bodes in bringing human rights to life. The Declaration, with its small core of principles to which people of vastly different backgrounds can appeal, is the single most important reference point for cross-national discussions of the human future on our increasingly inter-dependent and conflict-ridden planet.
Mary Ann Glendon, A Nation Under Lawyers: How the Crisis in the Legal Profession Is Transforming American Society (Harv. Univ. Press 1996).
Categories:
Legal Profession
Sub-Categories:
Legal Ethics
Type: Book
Abstract
Mary Ann Glendon's A Nation Under Lawyers is a guided tour through the maze of the late-twentieth-century legal world. Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance.
Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (Free Press 1991).
Categories:
Disciplinary Perspectives & Law
,
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Constitutional History
,
First Amendment
,
Civil Rights
,
Law & Political Theory
Type: Book
Abstract
Glendon argues that the American obsession with individual rights dominates politics is such that very little else is allowed a hearing. She says that, as a consequence, debate on crucial constitutional and other political issues is effectively stifled.
Mary Ann Glendon, The Transformation of Family Law: State, Law, and Family in the United States and Western Europe (Univ. of Chicago Press 1989).
Categories:
Family Law
,
International, Foreign & Comparative Law
,
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Law & Public Policy
,
Law & Behavioral Sciences
,
Domestic Relations
,
Comparative Law
,
European Law
Type: Book
Abstract
Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade.
Mary Ann Glendon, Abortion and Divorce in Western Law (Harv. Univ. Press 1987).
Categories:
Family Law
,
International, Foreign & Comparative Law
,
Health Care
Sub-Categories:
Reproduction
,
Domestic Relations
,
Comparative Law
,
European Law
Type: Book
Abstract
What can abortion and divorce laws in other countries teach Americans about these thorny issues? In this book, Mary Ann Glendon explores the experiences of twenty Western nations, including the United States, and shows how they differ, subtly but profoundly, from one another. Her findings challenge many widely held American beliefs. She reveals, for example, that a compromise on the abortion question is not only possible but typical, even in societies that are deeply divided on the matter. Regarding divorce, the extensive reliance on judicial discretion in the United States is not the best way to achieve fairness in arranging child support, spousal maintenance, or division of property―to judge by the experience of other countries. Glendon's analysis, by searching out alternatives to current U.S. practice, identities new possibilities of reform in these areas. After the late 1960s abortion and divorce became more readily available throughout the West―and most readily in this country―but the approach of American law has been anomalous. Compared with other Western nations, the United States permits less regulation of abortion in the interest of the fetus, provides less public support for maternity and child-rearing, and does less to mitigate the economic hardships of divorce through public assistance or enforcement of private obligations of support. Glendon looks at these and more profound differences in the light of a powerful new method of legal interpretation. She sees each country's laws as part of a symbol-creating system that yields a distinctive portrait of individuals, human life, and relations between men and women, parents and children, families and larger communities. American law, more than that of other countries, employs a rhetoric of rights, individual liberty, and tolerance for diversity that, unchecked, contributes to the fragmentation of community and its values. Contemporary U.S. family law embodies a narrative about divorce, abortion, and dependency that is probably not the story most Americans would want to tell about these sad and complex matters but that is recognizably related to many of their most cherished ideals.