The Legal Contributions of Avery Cardinal Dulles, S.J.

The Marquette University Class of 2006 included among its honorary doctorate holders Avery Cardinal Dulles, S.J.  The nomination by Professor Patrick Carey of the Theology Department noted: “Cardinal Dulles is one of the principal theological interpreters of the Second Vatican Council and a creative and faithful scholar of the longer Catholic theological and creedal tradition. The author of 27 books and more than 700 articles [he has since passed 800], he has become during the past 45 years one of the most prolific theologians in the United States.”

The New York Province of the Society of Jesus announced today that Cardinal Dulles passed to his reward at 6:30 this morning.  There will no doubt be an appropriate outpouring of tributes, memorials, and salutes.

I was primarily familiar with the work of Cardinal Dulles through his frequent contributions to FIRST THINGS magazine (which, with a student subscription rate of $15, makes an excellent gift to any students in your circle). He was also a member of Evangelicals & Catholics Together, a FT-related project seeking common ground and ecumenical partnership.

The Cardinal’s FT article on “Catholicism & Capital Punishment” is one of the primary reference points in that debate, and drew a thoughtful reply from, among others, Justice Antonin Scalia. This and Dulles’ other works have received, by my search, nearly 200 citations in law review articles. Moreover, he is the author of three law review articles: “Catholic Social Teaching and American Legal Practice,” 30 Fordham Urb. L.J. 277 (2002); “The Indirect Mission of the Church in Politics,” 52 Vill. L. Rev. 241 (2007); “The Evangelization of Culture and the Catholic University,” 1 J. L. Phil. & Culture 1 (2007).

Cardinal Dulles’ theological work will stand as one of the great contributions by an American Catholic thinker in this century. His elevation to the College of Cardinals by John Paul the Great is proof of the high regard in which he was held internationally. Although his contributions to legal thinking were primarily tangential, his preeminence in his chosen field should direct our attention to what we can learn from him for our own projects.

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Wal-Mart Settles Another Massive Wage & Hour Claim

Walmart_1 We don’t do much wage and hour stuff on this blog because these cases tend to come down to whether nurses on standard-size ambulances are exempt from overtime pay.  But Wal-Mart sure got another lesson on why it should not ignore the Fair Labor Standards Act (FLSA) (we previously wrote about this case here).

According to the BNA Daily Labor Report:

Wal-Mart Stores Inc. . . . announced that it has agreed to pay up to $54.25 million to settle a class action lawsuit that had alleged that it had violated Minnesota’s labor laws by requiring employees to work off the clock during training (Braun v. Wal-Mart Inc., Minn. Dist. Ct., No. 19-CO-01-9790, settlement announced 12/9/08).

In addition to a multimillion dollar payout to workers, the settlement . . .  includes terms providing that the retailer will pay the state a civil penalty, an amount that is expected to be the largest wage and hour civil penalty in state history . . . .

I’m sure this settlement does not sit well with the cheap-skates over at Wal-Mart, but they got more where this one comes from, with an estimate of 80 such suits pending in 2007.

Mmm, maybe they could be even more profitable by not ripping off their employees on wages and benefits and avoiding all of this endless labor and employment litigation.

Just a thought.

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On Being a Married, Commuting, Home-Owning, Child-Rearing, Second-Career Law Student

Item the first – A heartfelt “thank you” to Professor O’Hear for inviting me to be December’s student blogger.

Item the second – Can I pick my own headshot? I have this great one of me in my Halloween costume as Sweeney Todd.

Item the third – On to business! When I was asked to blog, the first thought in my mind could not have been more clichéd: “What can I write about?” In response, my mind supplied an almost equally clichéd answer: “Write what you know.” So I thought about what makes me unique as a law student, and very quickly had an answer.

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