Faculty Bibliography
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The Proceedings of the 15th Plenary Session of the Pontifical Academy of Social Sciences, 1-5 May 2009, Acta 15.
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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.
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Lionel Astor Sheridan, William P. Alford & Mary Ann Glendon, Legal Education, in Encyclopedia Britannica (2004).
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Maynard E. Pirsig, Mary Ann Glendon & William P. Alford, Legal Ethics, in Encyclopedia Britannica (2004).
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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.
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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. (Translated into Spanish as Un Mundo Nuevo (Fondo de Cultura Economica, 2011)
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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.
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From Dan Quayle to Bill Clinton, Americans are increasingly alarmed by the crisis of values in our society. What are the roots of the crisis? What can be done to solve it? Putting aside the sterile, old categories of liberal versus conservative, this book forcefully argues for a new approach to social problems - an approach based on rediscovering civic virtue and strengthening the institutions of civil society. Bringing together prominent contributors from across the human sciences and across the political spectrum, Seedbeds of Virtue is a seminal contribution to the emerging debate on rebuilding civil society.
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The well-being of our nation's children is a prime responsibility of parents. Too many parents, however, are failing to discharge this responsibility because our society — principally through public policies and middle class mores — is not fostering a family-friendly environment. Meanwhile, economic pressures on parents and popular culture are making the raising of children an ever more challenging task, constituting a profound threat to our common life.
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In Part I of this article, we analyze the development of case law interpreting the religious freedom language of the First Amendment from the 1940s to the eve of the rights revolution as a casualty of the piecemeal approach to incorporation, compounded by a series of judicial lapses and oversights. Part II deals with the fate of the Religion Clause in the era of the rights revolution, when the free exercise and establishment provisions were deployed in the service of a constitutional agenda to which they were, in themselves, largely peripheral. The current period of doctrinal change is the subject of Part Ill, where the implications of the emerging deferential approach for religious freedom are ~explored. In Part IV we argue that a holistic, structural approach to the text is necessary if the Court is to develop a workable, coherent, church-state jurisprudence for our pluralistic, liberal, democratic society. If rigid separationism is not to be succeeded by an equally mechanical form of deference, the Court must now grapple seriously with the formidable interpretive problems that were overlooked or given short shrift in the past. The task is an urgent one, for it concerns nothing less than the cultural foundations of our experiment in ordered liberty.
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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.
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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.
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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.
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