M. Cathleen Kaveny

John P. Murphy Foundation Professor of Law and
Professor of Theology

Office: 3115 Eck Hall of Law
Phone: 574.631.7844
Fax: 574.631.4197
Email: M.Cathleen.Kaveny.1@nd.edu
CV: View
SSRN: View

Left NDLS Fall 2013

Professor M. Cathleen Kaveny, a scholar who focuses on the relationship of law and morality, joined the Notre Dame Law School faculty as an associate professor in 1995 and was named the John P. Murphy Foundation Professor of Law in 2001. She earned her A.B. summa cum laude from Princeton University in 1984, and holds four graduate degrees from Yale University including her M.A. (1986), M.Phil (1990), J.D. (1990) and Ph.D. (1991). A member of the Massachusetts Bar since 1993, Professor Kaveny clerked for the Honorable John T. Noonan Jr. of the U.S. Court of Appeals for the Ninth Circuit and worked as an associate at the Boston law firm of Ropes & Gray in its health-law group.

Professor Kaveny teaches contract law to first-year law students at the Notre Dame Law School. She also teaches in the Department of Theology. She offers a number of seminars which explore the relationship between theology, philosophy, and law. One seminar, “Mercy and Justice,” explores those concepts using texts drawn from case law, analytic philosophy, Byzantine history, as well as both medieval and contemporary theology. Another seminar, “Complicity,” looks at the morality of contributing to the wrongdoing of others from an interdisciplinary perspective.

Professor Kaveny’s new book, Law’s Virtues: Fostering Autonomy and Solidarity in American Society, will be available from Georgetown University Press this fall. She has also published about a hundred articles and essays, in journals and books specializing in law, ethics, and medical ethics as well as more popular venues such as America and Commonweal, where she appears on the masthead as a regular columnist. She has served on a number of editorial boards including the American Journal of Jurisprudence, the Journal of Religious Ethics, the Journal of Law and Religion, and the Journal of the Society of Christian Ethics. She has been a Senior Fellow at the Martin Marty Center at the University of Chicago (2002-2003) and the Royden B. Davis Visiting Professor of Interdisciplinary Studies at Georgetown University (1998). She is a member of the Steering Committee of Notre Dame’s Institute for Advanced Study.

Courses Taught

LAW60105, Contracts
LAW70844, Faith, Morality & Law Seminar
LAW73827, Mercy & Justice Seminar
LAW73829, Ethics & Law at the End of Life
LAW73830, Complicity Seminar

Scholarship

Books

LAW’S VIRTUES: FOSTERING AUTONOMY AND SOLIDARITY IN AMERICAN SOCIETY (Georgetown U. Press, 2012).

Law’s Pedagogy: Fostering Autonomy and Solidarity in American Society (2012).

M. Cathleen Kaveny, Tax Lawyers, Prophets and Pilgrims: A Response to Anthony Fisher, in COOPERATION, COMPLICITY AND CONSCIENCE: PROBLEMS IN HEALTHCARE, SCIENCE, LAW AND PUBLIC POLICY 65 (Helen Watt ed., 2005).

Representative Articles

“The Spirit of Vatican II and Moral Theology: Evangelium Vitae as a Case Study,” in James Heft and John O’Malley, eds., After Vatican II: Trajectories and Hermeneutics (Eerdmans, 2012), 43–67.

“The Marginalization of Casuistry,” in Francis Oakley and Michael Lacey, eds., The Crisis of Authority in Catholic Modernity (Oxford University Press, 2011), 229–58.

“Down By Law: Engelhardt, Grisez, and the Meanings of Legalism,” in Ana Smith Iltis and Mark J. Cherry, eds., At the Root of Christian Bioethics: Critical Essays on the Thought of H. Tristram Englehardt, Jr. (Scrivener Press, 2010), 135–64.

“Prophetic Rhetoric and Moral Disagreement,” in Lawrence S. Cunningham, ed., Intractable Disputes about the Natural Law: Alasdair MacIntyre and Critics (University of Notre Dame Press, 2009), 131–66.

“Imagination, Virtue, and Human Rights: Lessons from Australian and American Law,” Theological Studies 70 (March 2009) 109–39.

The NBAC Report on Cloning: A Case Study in Religion, Public Policy, and Bioethics, forthcoming in Faith at the Frontiers, David Guinn, ed., (Oxford, 2006), 221–47.

Erastian and High Church Approaches to the Law: The Jurisprudential Categories of Robert E. Rodes, Jr., 22 Journal of Law and Religion 405-32 (2007).

Diversity and Deliberation, 34 Journal of Religious Ethics 312-337 (2006).

Prophecy and Casuistry: Abortion, Torture and Moral Discourse, 51 Villanova Law Review 499 (2006).

Inferring Intention from Foresight, Law Quarterly Review 120 (January 2004) 81-107.

Autonomy, Solidarity and Law'€™s Pedagogy, Louvain Studies 27:4 (winter 2002) 339-58).

Conjoined Twins and Catholic Moral Analysis: Extraordinary Means and Casuistical Consistency, Kennedy Institute of Ethics Journal 12:2 (June 2002) 115-40.

Billable Hours In Ordinary Time: A Theological Critique of the Instrumentalization of Time in Professional Life, (the Baker-McKenzie Lecture in Ethics at Loyola University Chicago Law School), Loyola University Chicago Law Journal 33 (Fall 2001) 173-220.

Religious Claims and the Dynamics of Argument, Wake Forrest Law Review 36:2 (2001) 423-48 (part of a symposium“Religiously Grounded Morality: Its Proper Role in American Law and Public Policy”).

Appropriation of Evil: Cooperation’s Mirror Image, Theological Studies 61 (June 2000) 280-313.

Commodifying the Polyvalent Good of Health Care, The Journal of Medicine and Philosophy 24:3 (1999) 207-23.

Managed Care, Assisted Suicide, and Vulnerable Populations, Notre Dame Law Review 73:5 (July 1998) 1275-1310 (part of a symposium honoring Mary Ann Glendon).

Assisted Suicide, the Supreme Court, and the Constitutive Function of the Law, Hastings Center Report (September/October 1997).


Selected Articles

How Views of Law Influence Pro-Life Movement 34 Origins Online.com ISSUE: 35

Toward a Thomistic Perspective on Abortion and the Law in Contemporary America, Thomist; a Speculative Quarterly Review 55:3 (1991: July) p. 343.

The Limits of Ordinary Virtue: The Limits of the Criminal Law in Implementing Evangelium Vitae

Areas of Expertise

  • Cloning
  • Contracts
  • European Law
  • Genetics
  • Jurisprudence
  • Law & Medicine
  • Medical Ethics
  • Moral Philosophy
  • Theology

In the News

Roe v. Wade at 40: An Interview with Legal Scholar and Theologian Cathleen Kaveny - Religion and Politics (Quotes: Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology) – January 23, 2013
The Brookings Institution to Hold Discussion on Professor M. Cathleen Kaveny's Book January 21, 2013


She the People hangout. WashingtonPost. - Prof. Kaveny discusses new book Law's Virtues

Reasons for hope in trying times for women – The Dialog (Quotes: Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology) – March 24, 2012
Conan’s classy mom – Boston Globe, June 4, 2009 (Quotes: Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology)
Sotomayor Would Be Sixth Catholic Justice, but the Pigeonholing Ends There – New York Times, May 30, 2009 (Quotes Cathleen Kaveny, John P. Murphy Foundation Professor of Law and Professor of Theology)
Featured Faculty – NDLS Home Page – June 16, 2008
Caritas deal gets support of leading theologians – Boston Globe – March 11, 2009