Law School / Faculty
UMass School of Law 221
|Pontifical University of the Holy Cross||JCD|
|Pontifical University of the Holy Cross||JCL|
|Georgetown University Law Center||JD|
- Constitutional Law
- Legal Ethics
- Religion and the Law
The history of U.S. Constitutional interpretation and current doctrine concerning judicial review, the federal-state system, the Commerce Clause, separation of powers, freedoms of speech and religion, due process and equal protection. Special attention is given to current controversies regarding the "Right of Privacy" and affirmative action.
A continuation of LAW 555, Constitutional Law I
Exploration of the relationship between modern medical technology and the law. Subjects include genetic engineering, surrogate motherhood, reproductive technologies, AIDS, proxy decision-making, right to refuse treatment, living wills, and organ transplants. Special attention will be given to recent constitutional, statutory and regulatory developments, with consideration of potential conflict with religious perspectives.
The historical relationship between religion and the law, beginning with the Torah in ancient Israel, and extending throughout the Western world with the advent of Christianity. Special attention will be given to the problem of the relationship between church and state, as well as the public accommodation of religious conscience and practice, as developed in the Supreme Court's jurisprudence of the First Amendment.
Senior members of the UMass Law Review take this course in the fall/spring semester of their final year. Pass/Fail. Requires completion of Law Review Note Writing and permission of the Faculty Advisor. Of the 90 credits required for graduation, students are required to earn at least 65 in courses that meet in regularly scheduled class sessions. This course does not count toward the 65 credit requirement.
Senior members of the UMass Law Review take this course in the fall/spring semester of their final year. Pass/Fail. Requires completion of Law Review Note Writing, Law Review I and permission of the Faculty Advisor. Of the 90 credits required for graduation, students are required to earn at least 65 in courses that meet in regularly scheduled class sessions. This course does not count toward the 65 credit requirement.
- Legal history
- Legal philosophy
Professor Duncan is an honors graduate of Georgetown University Law Center. A native Washingtonian, he practiced law there with the telephone company, now part of Verizon.
Professor Duncan has written articles on legal, moral, and religious issues. He has argued several cases before the Massachusetts Supreme Judicial Court and the Appeals Court and has written briefs for the U.S. Supreme Court.
He is a member of the Massachusetts and Washington, DC bars, the Board of Directors of the Pro-Life Legal Defense Fund, and serves on the Board of Advisors of Massachusetts Citizens for Life.
Additionally, he has participated in a number of high profile cases:
McGuire v. Reilly, First Circuit (2001) (buffer zone law appeal) (brief)
Stenberg v. Carhart, U.S. Supreme Court (2000) (partial-birth abortion) (amicus brief)
Boy Scouts of America v. Dale, U.S. Supreme Court (2000) (amicus brief)
Principal author of Supreme Court Briefs on the prevailing side in Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston, 515 U.S. 557 (1995), the St. Patrick’s Day Parade case decided unanimously in 1995
Parading the First Amendment Through the Streets of South Boston, 30 New Eng. L. Rev. 663 (1996)
The Federal Marriage Amendment and Rule by Judges, 27 Harv. J. L. & Pub. Pol’y 543 (2004)
The Use and Abuse of History in Compassion in Dying, 20 Harv. J. L. & Pub. Pol’y 175 (1996) (with Peter Lubin)
Follow the Footnote, or the Advocates as Historian of Same-Sex Marriage, 47 Cath. Univ. L. Rev. 1271 (1998) (with Peter Lubin)
Participant in Symposium: Should the Government Recognize Same-Sex Marriage, 7 U. Chi. L. School Roundtable 1 (2000)
On the Use and Abuse of Double Effect, 1 Nat’l Cath. Bioethics Qtrly 321 (2001)
Book review of K. Woodward’s Making Saints in 3 Ius Ecclesiae 735 (1991)
Book review of Ronald Dworkin’s Life’s Dominion in Catholic World Report, May 1994, at 56
Book review of Garry Wills’ Papal Sins in Catholic World Report, October 2000, at 62
Case note Roe v. Wade Goes Suicidal in Catholic World Report, May, 1996, at 42
Case note Lowering the Wall of Separation between Church and State in the United States, in 10 Ius Ecclesiae 275 (1998)
Foreword to From Trial Court To The United States Supreme Court: Anatomy Of A Free Speech Case by Paul J. Walkowski & William M. Connolly, Boston: Branden Publishing Co., 1996 at vii.