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The Role of Religion in a Catholic Law School: a Century of Experience at Loyola University Chicago

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The Role of Religion in a Catholic Law School: a Century of Experience at Loyola University Chicago Loyola University Chicago Loyola eCommons Social Justice Centers January 2014 The Role of Religion in a Catholic Law School: A Century of Experience at Loyola University Chicago Thomas M. Haney Loyola University Chicago, [email protected] Follow this and additional works at: https://ecommons.luc.edu/social_justice Part of the Law Commons Recommended Citation Haney, Thomas M., "The Role of Religion in a Catholic Law School: A Century of Experience at Loyola University Chicago" (2014). Social Justice. 14. https://ecommons.luc.edu/social_justice/14 This is brought to you for free and open access by the Centers at Loyola eCommons. It has been accepted for inclusion in Social Justice by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. The Role of Religion in a Catholic Law School: A Century of Experience at Loyola University Chicago Thomas M. Haney Outline 1. Introduction 2. 1908 to 1921: Educating an Urban Population 3. 1921 to 1937: Broadening the Horizon 4. 1937 to 1959: The Fitzgerald Years 5. 1959 to 1983: Transition and Growth 6. 1983 to 2004: The Appel Years 7. Into the New Century 8. Conclusion 1 The Role of Religion in a Catholic Law School: A Century of Experience at Loyola University Chicago Thomas M. Haney Abstract Many criteria have been suggested for identifying a Catholic law school and determining whether a law school claiming that identity is indeed truly Catholic. Many articles have been written which critique Catholic legal education in general and which judge whether Catholic law schools as a whole, or individual Catholic law schools, meet the offered criteria for such identification. Most of those articles deal with only certain aspects of legal education at Catholic law schools. The purpose of this article is to examine the record of one Catholic law school, the School of Law of Loyola University Chicago, which a few years ago celebrated its centennial. This is a detailed study of how the Catholic identity of Loyola Chicago’s law school has manifested itself over the past century, during several distinct eras. The article concludes that the criteria chosen to identify a truly Catholic law school will determine the result of whether any particular law school is indeed Catholic, and that different scholars and commentators will choose different criteria, therefore arriving at different conclusions. The article also concludes that, regardless of the criteria chosen, it is misleading to contend that the Catholic identity of Loyola Chicago’s law school is non-existent or a mere veneer. 2 The Role of Religion in a Catholic Law School: A Century of Experience at Loyola University Chicago Thomas M. Haney* “The first law of history is to dread uttering a falsehood; the next is not to fear stating the truth; lastly, the historian’s writings should be open to no suspicion of partiality or animosity.” Pope Leo XIII 1 INTRODUCTION The School of Law of Loyola University Chicago celebrated its centennial several years ago. During the past hundred years, that law school has educated women and men from many different faith traditions (and those of no faith tradition), races, ethnic backgrounds, sexual orientations, disabilities, and other characteristics. At the same time, it has accepted (and from time to time embraced) its heritage as a “Catholic law school” 2 or as a “Jesuit Catholic law school”3 – or at least as a law school which is an integral part of a Catholic university. 1 Letter of Pope Leo XIII to Josef Hergenrother, in connection with the opening of the Vatican Archives, where the quote is rendered in English as “The first law of history is not to dare to utter falsehood; the second, not to fear to tell the truth.” John Jay Hughes, Vatican Archives: What’s the Problem?, http://www.catholicculture.org/culture/library/view.cfm?recnum=4465 2 Beginning in July 1956, The Catholic Lawyer began publishing a series of articles on “Catholic Law Schools in America.” Loyola was featured five years later: Vincent F. Vitullo, Loyola University School of Law – Chicago, 7 Cath. Law. 305 (1961). At no point in the article does the author refer to Loyola as a “Catholic law school,” although its Catholic identity was understood by its inclusion in the series. 3 The phrase “Jesuit Catholic” is a current identifier for the university as a whole; e.g., the Faculty Handbook states “We are Chicago’s Jesuit Catholic University” and it discusses “[o]ur Jesuit Catholic tradition of excellence.” Loyola University of Chicago, Faculty Handbook, undated [approx. 2009-2010]. The law school’s mission statement, adopted by the faculty in 2002, describes 3 This article will explore how these identifiers, and the characteristics they represent, have been interpreted, applied and practiced at Loyola’s law school over its first century of existence. There is currently an ongoing discussion in legal academic circles about what it means to be a Catholic (or otherwise religious) law school. This discussion has prompted inquiries not only about what a “Catholic law school” is or might be or should be but also about whether some “Catholic law schools” have truly been or remain Catholic. Throughout the academic debate and embedded in the historical record, it is possible to identify several attributes that, alone or in combination, might or should characterize a law school as a Catholic institution. 4 Some of these factors are institutional: - Affiliation with a Catholic university. 5 - External indicia of Catholic identity such as crucifixes in classrooms. 6 the school as follows: “Loyola University Chicago School of Law is a student- focused law center inspired by the Jesuit tradition of academic excellence, intellectual openness, and service to others.” Infra note 331. 4 Philip J. Grib, Legal Education in Jesuit Universities (paper prepared for presentation at Georgetown University in June 1989), 2 et seq . 5 This was apparently the criterion selected by The Catholic Lawyer for its series on Catholic law schools, supra note 2. 6 Not all agree with this, however. In answer to the question of what it means to be part of the Jesuit educational tradition, “[i]t should have little to do with crucifixes on classroom walls….” Steven M. Barkan, Jesuit 4 - Ceremonies (such as Mass) and practices (such as retreats) that enable Catholic law students and faculty to practice their faith in the confines of the law school. 7 - Self-identification with the hierarchical structure of the Catholic Church. 8 - Proclaiming a Catholic identity in publicity and marketing. 9 Law Schools: Challenging the Mainstream, Conversations on Jesuit Higher Education (Spring 1993), 7, at 10-11. 7 “[A] vigorous spiritual life should be fostered in a truly Catholic law school.” Leonard J. Nelson, III, God and Man in the Catholic Law School, 26 Catholic Lawyer 127 (1981), at 145. “[A] Catholic law school should make available on a regular basis the opportunity to participate in the sacraments, and other forms of religious worship and observance.” Basile J. Uddo, Catholic Law Schools: A Modest Proposal for Uniqueness, Catholicism in Crisis (Apr. 1984), 34, at 35. Again, not all agree with this view. In answer to the question of what it means to be part of the Jesuit educational tradition, “[i]t should have little to do with … law school liturgies….” Barkan, supra note 6, at 11. “The vestiges of Catholic identity that do remain are largely symbolic or ornamental in nature – the celebration of a Red Mass to begin the academic year, or the well-placed portrait of St. Thomas More in the school library.” John M. Breen and Lee J. Strang, The Road Not Taken: Catholic Legal Education at the Middle of the Twentieth Century, 51 Amer.J.Leg.Hist. 553 (2011), at 555. 8 “[At one time, Catholic universities and law schools] were … part of the cradle-to-grave network of institutions provided by the immigrant Church for its people….” Mark A. Sargent, An Alternative to the Sectarian Vision: The Role of the Dean in an Inclusive Catholic Law School, 33 U. Tol. L. Rev. 171 (2001), at 188. “In the Catholic Church, the local Bishop is responsible for the Catholic-affiliated law schools within his particular diocese…. [T]he integral role of the Bishop in the life of the Catholic law school is not negotiable.” David L. Gregory, The Bishop’s Role in the Catholic Law School, 11 Regent U.L.Rev. 23 (1999) at 25, 28. 9 “The first essential characteristic [of the inclusive Catholic law school] is that the school is unapologetic about its Catholic identity.” Mark A. Sargent, We Hold These Truths: The Mission of a Catholic Law School, Commonweal (Apr. 25, 2003), 14, at 15. “[T]he way in which a school publicly characterizes itself and its role within a Jesuit university does not completely reflect the substance of how and the extent to which it adheres to Jesuit principles of education. … Still, examination of how a Jesuit law school publicly characterizes its own image represents a beginning in ascertaining how a particular school relates to the principles of Jesuit education.” Robert J. Araujo, S.J., Legal Education and Jesuit Universities: Mission and Ministry of the Society of Jesus?” 37 Loy.L.Rev. 245 (1991-92), at 249. 5 Some of the factors relate to the faculty: - The presence of priests or other religious on the faculty or in other significant roles. 10 - The administration of the school directed by Catholics or those willing to assume a comparable role.11 - A significant percentage of Catholics on the faculty.12 - A faculty composed of teachers, regardless of their faith affiliation (or lack of one), who seriously engage with the Catholic intellectual tradition or that otherwise support the religious identity of the school 13 .
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