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Ave Maria Law Publications: Scarnecchia

Publications directory

Professor Scarnecchia

D. Brian Scarnecchia
Associate Professor

Professor Scarnecchia brings to the School of Law experience as a faculty member, an attorney in private practice, and as an assistant county prosecutor. A member of the Franciscan University of Steubenville faculty since 1996, he has chaired Franciscan’s Department of Humanities and Catholic Social Thought, and has directed the University’s Human Life Studies and Legal Studies programs. Professor Scarnecchia lectures on human rights, natural law, bioethics, and cultural and political issues both nationally and internationally.

Academic Presentations and Professional Service

Legal Aid              
Filed a successful federal 1983 class action Civil Rights in Federal District Court, Northern District of Ohio, 1990-1991against the City of Youngstown for cruel and unusual punishment which resulted in the closing of the City Jail of Youngstown, Ohio, and punitive damages for the mistreatment of pro-life rescuers, students from Franciscan University of Steubenville serving as the class representatives.

Panelist “Capital Punishment and Just War,” Franciscan Focus, EWTN television program, March, 1995.

Lecture
Provided a lecture on “The Defense of False Charges of Child Abuse” at a continuing legal education seminar approved by the the Supreme Court of Ohio held at Franciscan University of Steubenville, April, 1995.

Philippines           
Lectured with Human Life International for three weeks at universities in Manila and other localities in the Philippines, October 1995.

Philippines           
Lectured for two weeks in the Philippines and presented a paper at the School of Law, Santo Tomas, in Manila and at Symposium on Faith and Culture sponsored by the Asian Bishops Conference and the Pontifical Council on Culture “The Tension between Law and Culture,” January, 1996. These papers were subsequently published.               

Legal Aid              
Obtained tax exempt status from the IRS for the Society of Catholic Social Scientists, Inc., August, 1996.

Lecture 
Lectured at the Society of Catholic Social Scientists conference at Seton Hall University, NJ, on “Population Trends,” April 1998.

Lecture 
Lectured at the Defending the Faith conference at Franciscan University of Steubenville, “Defending the Gospel of Life,” July, 1999.

Lecture 
Lectured at the fall conference of the Society of Catholic Social Scientists on the “Population Crisis,” Franciscan University of Steubenville, October, 1999.

Award                   
Presented Thomas Monaghan with Frederic Osmund award by Society of Catholic Social Scientists, in Ann Arbor, MI, April, 2000.

Bioethics              
Taught a graduate bioethics course for Franciscan University of Steubenville at Our Lady of the Cenacle campus in Clearwater, FL, August, 2000. 

China                    
Lecture at the Beijing Catholic Seminary, Beijing, China, on “Veritatis Splendor and Moral Absolutes,” October, 2000.

Lecture 
Lecturer, Catholics United for the Faith conference, Cincinnati, Ohio “Splendor of Truth,” November, 2000.

Legal Aid              
Prepared on behalf of the Society of Catholic Social Scientists their application with the United Nations for non-governmental organization (NGO) status with the United Nations Organization. Official NGO status granted May, 2001.

Lecture 
Lecturer, Defending the Faith Conference, Franciscan University, “Veritatis Splendor & Moral Absolutes,” July, 2001.

DOMA   
Testified before Ohio House of Representatives in Columbus, Ohio on House Bill 223, Defense of Marriage Act (DOMA), October, 2001.

Lecture 
Invited lecturer, Population Research Institute Global Conference, Santa Clara, CA “About FACE (Federal Access to Clinic’s Act)” April 2004

Lecture 
Lecturer, Nursing and Social Work continuing education conference “Living Wills and Powers of Attorney,” Franciscan University, May, 2002.

Austria                  
Lecturer at the Third Annual Prince of Liechtenstein Catholic Leaders Fellowship, Vienna, Austria, “Religion and Public Life in America,” May 2002.

Lecture 
Lecturer, the Defending the Faith Conference at Franciscan University, “Law, Culture and Morality,” August, 2002.

Lecture  Lecturer 11th Annual Review in Emergency Medicine, Medical Univ. of South Carolina, Charleston, SC, “A Good Death: Changing Attitudes Towards Suicide,” September 21,2002.

New Program      
Designed curriculum and was the founding Director of the Legal Studies program at Franciscan University of Steubenville, fall semester, 2002.

New Course        
Team-taught a graduate theology course in Bioethics with Bishop Gilbert I. Sheldon at Franciscan University, spring semester, 2003.

Youth retreat        
Lectures to Catholic high school students at the Youth Mission for the Immaculata retreat, Libertyville, IL, 7/5-8, 2003

Canada                
Lecturer, Our Lady Seat of Wisdom Academy, Berry Bay, Ontario, Canada “Law & Culture,” September, 2003.

Supreme Ct.        
Drafted appendix to an appeal to United States Supreme Court in, Jane Roe, II v. Aware Woman’s Center for Choice, April, 2004.

UN                        
Participated as the main NGO representative of the Society of Catholic Social Scientists at UN 3rd Session of the Convention on Rights of Persons with Disabilities, 5/ 24 - 6/ 3, 2004.

Prosecutor      
Provide free legal representation to Children’s Service Board of Jefferson County, OH to off-set the budget deficit, May, 3 - September 1, 2004.

Austria                  
Lecture on “Human Rights at the UN” at the Gaming campus of the Franciscan University of Steubenville, November 9, 2004.

NGO                      
Founding president and Chairman of the Board of International Solidarity and Human Rights Institute, Inc. (ISHRI) a non-governmental organization (see www.ishri.net), January, 2005.

UN                         
Brought faculty and 25 students as NGO representatives to the UN conference, Beijing + 10, March, 13-17, 2005. 

UN                         
Brought faculty and students as NGO representative for the Society of Catholic Social Scientists to the UN conference on Population and Development, April, 2-8, 2005.

Conference         
Hosted the 2nd Pro-life Leaders Conference at Franciscan University of Steubenville, April, 16-17, 2005.

Award                   
Awarded the student life “St. Francis of Assisi Award” 2005 for the faculty member who embodies ideals of St. Francis of Assisi, April 29, 2005.

UN                         
Participated in the UN conference on HIV/AIDS and lobbied for the Millennium Summit, 5/29-6/4, 2005.

New Course        
Developed new course at Franciscan University of Steubenville on issues in Disability Law, Fall semester 2005.

Law Suit Oral argument before the 7th District Appellate Court of Ohio (a zoning case) July 19, 2005. Won appeal September 25, 2005.

UN                         
Led faculty and student NGO representatives to UN 6th Session, Convention on the Rights of Disabled Persons 8/1-12, 2005.

UN                         
Led student NGO representatives to UN 7th Session of the Convention on the Rights of Disabled Persons January, 22-27, 2006.

UN                         
Led students NGO representatives from the Eagle Forum to the UN for Beijing+11, February, 27-29, 2006.

France                  
Addressed Bioethics Committee of the European Parliament on legal status of frozen human embryos, Strasbourg, France, March, 16 2006.

Geneva  Led student NGO representatives to final session of the Human Rights Commission, Geneva Switzerland, March 22-24, 2006.

Geneva  Led student NGO representatives to first session of the Human Rights Council, Geneva, Switzerland, May 25-27, 2006.

Mexico   Led students to Washington, DC and then to Tijuana, Mexico (ISHRI’s Capital to Village program) to consider policy and implementation of Immigration reform and efforts to combat Trafficking as well as building a home for a poor Mexican family, July 2-15, 2006.

Philippines           
Human Life International Asia conference - lecture on the “International Push for Abortion Rights,” October 10, 2006.

Philippines           
Catholic Conference of the Philippines, Couples for Christ - lecture on “UN Millennium Development Goals in Light of Catholic Social Teaching,” October 16, 18, 2006.

New Course        
Developed new course at Franciscan University of Steubenville on issues in International Development, spring semester, 2007.

Lecture  Lectured at Ave Maria, School of Law, Ann Arbor, MI on “Frozen Embryo Adoption,” March 15, 2007.

UN                         
Led students to 52nd session of the UN Conference on the Status of Women, March 8-12, 2007.

Civil Rights           
Defended the famous Amish “beard cutters” (before they were prosecuted under the federal hate crimes act for cutting the beards of fellow Amish men in 2011) in their domestic relations dispute and federal lawsuit against the Sheriff of Jefferson County, Ohio for kidnapping an Amish woman and then, after she escaped, surrounding her one-room Amish school house with a SWAT team deployed with fully automatic machine guns and battering ram while 22 Amish children ages 6-13 were inside, May 2007-2011.

Lecture Panelist on Ectopic Pregnancy, Franciscan University, sponsored by Students for Life, October 11, 2007.

Symposium         
Sponsor and MC at symposium on “The Lost Children of China” - a report on a hospice for dying orphans in Beijing and China’s One Child Policy, October 17, 2007.

Lecture 
Society of Catholic Social Scientists conference at St. John’s University - lecture on the “UN Millennium Development Goals in Light of Catholic Social Teaching,” October 25, 2007.

Rome                    
Invited to Rome, Italy to attend the founding meeting of NGOs of Catholic Inspiration, November 28 -December 2, 2007 hosted by the Secretariat of the Holy See. I was one (the first) of ten NGOs out of eight-five NGOs who personally greeted Pope Benedict XVI in the Celestine Hall of the Papal apartment.

Lecture 
Gave lecture to Juniper Sierra Club, Wintersville Country Club, on Pope Benedict’s approach to China, January 24, 2008.

Rome                    
Invited to Rome, Italy to attend a conference by the Pontifical Council for the Laity on the encyclical On the Dignity of Women, February 7-9, 2008 and was invited to a private audience with Pope Benedict XVI in the Celestine Hall of the Papal apartment.

UN NGO               
Led students to 53nd session of the UN Conference on the Status of Women, NYC, March 1-8, 2008.

Conference         
Participated in closed meeting by Heritage Foundation on International Affairs on issue of “Defamation of Religion” Washington, DC, May 16, 2008.

Appointment        
Appointed a Visiting Associate Professor of Law at Ave Maria School of Law, Ann Arbor, MI. Taught Property Law and Origins of the Constitution, Property II and International Bioethics, 2008-2009.

Philippines           
Lead human rights trip to the Philippines, July 21-27, 2008: Meet President Gloria Arroyo hand delivered to her a letter from the SCSS urging her to veto a bill that would have legalized contraception, 7/25; Lecture at the University of Asia and Pacific on the role of Catholic NGOs, 7/25; Lecture to international leadership of Charismatic Renewal in Manila on Theology of the Body.

China                    
Lead human rights trip to China, July 27-August 12, 2008: Went to orphanage in Beijing, 7/28; Went to Our Lady of Sheshan in Shanghi, 7/29; Met Bishop of Shanghi, 7/30; Did beach Christian outreach, 7/31; Participate in Church music competition in Wenxio, 8/2; Went to US Women’s Soccer Olympic game, 8/6; Watched opening fireworks of Summer Olympics in Tiannimen Sq., 8/8; met officials of Patriotic Association at Beijing National Seminary, August, 2008.

Conference         
Participated in the Mulieris Dignitatem conference sponsored by CUA and Ave Maria School of Law in Washington, DC as a follow up to the Mulieris Dignitatem conference I was invited to attend in Rome, October 3-4, 2008.

Lecture 
Read paper on “Saint Paul and the Natural Law” at Ave Maria School of Law, Ann Arbor, MI, part of a series of lectures between Ave Maria law faculty and St. Mary’s Seminary of Detroit theology professors, November 21, 2008.

Course  
Developed new course at Ave Maria School of Law, “International Bioethics,” spring semester, 2009.

UN                         
Led students to the 54th session of the UN Conference on the Status of Women, February 28-March 7, 2009.

Rome                    
Invited by Cardinal Martino to participate in Rome at a conference on “The Role of Women in Development and Human Rights” by the Pontifical Council for Justice and Peace, March 20-21, 2009.

Holy See              
Appointed to the Expert Committee of the Rome Forum for NGOs of Catholic Inspiration, in association with the Secretariat of State of the Holy See. March 27, 2009.

Radio
Invited to speak on “Kresta in the Afternoon” live radio on the United Nations and my recent intervention there at the 53rd session of the Conference on the Status of Women, March 30, 2009. 

Radio                    
Interviewed twice by Al Kresta in the Afternoon for his radio program about my new book, Bioethics, Law and Human Life Issues, August 25 2010.

Moderator
Moderated two panels at the SCSS annual conference at Holy Cross University, South Bend, IN, October, 22-23, 2010.

Lecture                 
Lectured on my book, Bioethics, Law and Human Life Issues at Ave Maria University and at the Donahue Academy on November 23, 2010.

Respondent         
Was a respondent at Ave Maria School of Law “Distinguished Guest Lecture” by Ronald J. Rychlak, Associate Dean of the University of Mississippi, on “The International Criminal Court: An Obstacle to Peace?,” February 1, 2011.

Radio                    
Interviewed twice by Al Kresta in the Afternoon for his radio program about my new book, Bioethics, Law and Human Life Issues, February 2, 2011.

NYC                       
Lectured on Pope Benedict’s comments on condom use by male prostitutes at “Theology on Tap” in New York City, Bronx’s chapter, March 1, 2011.

Rome                    
Moderated a workshop in Rome at a conference sponsored by the Secretariat of State for the Holy See and the Pontifical Council for the Family on “Using Positive Language – a Handbook for NGOs,” June 3, 2011 funded by Ave Maria School of Law.

Paper                    
Presented paper on Frozen Embryo Adoption at the 19th Annual National Meeting of the Society of Catholic Social Scientist, Steubenville, OH Oct 28, 2011.

UN                         
International Solidarity and Human Rights Organization (ISHRI), after being deferred for two years by the People’s Republic of China, finally received provisional accreditation in January of 2011 and final approval in July 2011 by the United Nations Organization.

UN                         
Prepared and accredited students form Franciscan University and Ave Maria School of Law to participate in the 55th session of the Conference on the Status of Women, February 27-March4, 2011 and again for the UN Youth Conference, July 22-28, 2011.

Rome                    
Invited to Chair the working session on positive language of the Rome Forum of the Pontifical Council of the Family, January 29-31, 2012.          

UN                         
Prepared and accredited students to participate in the 56th session of the Conference on the Status of Women, March 6-13, 2012.

Respondent         
Responded to the lectures of Rev. Terrence Henry, TOR, President of Franciscan University and Eugene Milhizer, President and Dean of Ave Maria School of Law, on the HHS Contraceptive Mandate, March 30, 2012.

Washington         
Responded to presentation by Dr. William Donahue and Atty. Robert Destro at the SCSS Spring Conference at Catholic University of America, April 26-28, 2012.

Madrid                  
Invited to participate in the academic colloquium of the World Congress of Families in Madrid, Spain, May 25-27, 2012.

Legal Aid              
Part of a team of attorney’s willing to defend pro bono the City of  Steubenville in its First Amendment contest over the City’s inclusion of a cross in its logo. Several meetings were held with lawyers and City Council, August, 2012. 

Rome                   
Invited to give two lectures, one on “Human Rights Mechanisms in ASEAN” and another on “Demographic Issues,” in Rome for the Secretariat of State of the Holy See and the Pontifical Council for the Family, Rome, September 14-16, 2012.

Lecture                 
Invited to present on my book, Bioethics, Law and Human Life Issues at the SCCS fall conference at Nassau Community College, Long Island, NY, October 27, 2012.

Course                  
Attended two Continuing Legal Education courses sponsored by the Ohio State Bar Association, one on November 30, 2012 and the other on December 19, 2012 on “Oil and Gas Law” in preparation for a new course I designed in legal Studies on Oil and Gas Law for spring semester 2012.

UN                         
Drafted a student submission for the UN conference on “The World We Want post 2015 development and health goals,” February 19, 2013.

Geneva                 
Brought student NGOs to the UN headquarters in Geneva and met privately with Archbishop Tomasi, Holy See Permanent Observer to the United Nations in Geneva.

Sydney                 
Presented lecture on “Human Rights Mechanisms in the Association of Southeast Asian Nations (ASEAN)” at the World Congress of Families in Sydney, Australia, May 17-20, 2013.

Rome                    
Provided introductory talk on the Freedom of Education at the International Conference on The Rights of the Family and the Challenges of the Contemporary World, jointly hosted by the Holy See Secretary of State, Pontifical Council for the Family and the Union of Catholic Jurists, September 19-21, 2013.

Respondent         
Provided response to Law Professor Teresa Collett’s paper on “Humane Vitae, Contraception and American Law” at the “Humanae Vitae at 45” conference, Franciscan University of Steubenville, September 27-28, 2013.

Lecture                 
Provided a lecture on the Public Trust Doctrine and Global Warming at the Society of Catholic Social Scientists annual conference at Franciscan University of Steubenville, October 26, 2013.

Open Letter          
Signatory to an open letter from 130 Catholic scholars to the U.S. Bishops denouncing the “Common Core” State Standards as doing a grave disservice to Catholic education. Washington Post, 11/2/2013.

Consultant           
Submitted information to Professor Jane Adolphe pertinent to the web page of the International Center on Law, Life, Faith and Family (ICOLF - Rome) for the section I direct, the Human Rights Protection Systems of the Association of Southeast Asian Nations (ASEAN), January, 2014.

NCR                      
Brian Farga from National Catholic Register interviewed me for an article that he published, “U.N. Committee to Vatican: Change Church Teaching,” http://www.ncregister.com/site/print/_article/40369, February 8, 2014.

OAS                       
Submitted ISHRI’s application for accreditation with the Organization of American States (OAS), on March 19, 2014.

Panelist                
Defending Religious Liberty conference jointly sponsored by the Society of Catholic Social Scientists and the Veritas Center at Franciscan University, April, 2014.

Debate                  
Debated Professor Teresa Collett, St. Thomas School of Law, on Frozen Embryo Adoption sponsored by the Federalist Society at Ave Maria School of Law, October 16, 2014.

New Course        
Designed and taught a new course, “Climate Change and the Public Trust Doctrine,” at Ave Maria School of Law, spring semester 2015.

Pre-Law                
Recruited students and provided a sample jurisprudence class for a select group of potential law school applicants at Ave Maria School of Law, January 6, 2015.

SSRN

Articles:

Book Review of Monica Migliorino Miller’s Abandoned: The Untold Story of the Abortion Wars (Charlotte, NC, St. Benedict Press, 2012), Vol. 19 The Catholic Social Science Review, (2014) pp. 241-243.

Response to a Call for Papers from World Health Organization, Health in the Post-2015 Development Agenda, Measurement of Progress towards the Health Goals: What are the best Indicators and Targets for Health? “Recommendation: Preeclampsia should be included as an Indicator for improving Maternal Health and reducing Child Mortality, Millennium Development Goal 4 and Goal 5” submitted by D. Brian Scarnecchia, on behalf of the Society of Catholic Social Scientists and International Solidarity and Human Rights Institute, December 30, 2012. Published in the documentation section, Vol. 19 The Catholic Social Science Review (2014) pp. 309-318.

Amici Curiae of the Ethics and Religious Liberty Commission of the Southern Baptists Convention and Prof. D. Brian Scarnecchia in Support of Petitioners, On Writ of Certiorari to the Supreme Court of the United States, Association For Molecular Pathology, et al. v Myriad Genetics, Inc., et al. 569 U.S. ____ (June 13, 2013).

Human Rights Mechanisms in the Association of Southeast Asian Nations (AESAN), presented at the “The Foundation of Human Rights: Catholic Contributions,” co-sponsored by Ave Maria School of Law, Ave Maria University and Sacred Heart Seminary, March 3-4, 2011 and also presented at the “World Congress of Families” conference in Sydney, Australia, May 15-18, 2013. Published in 2 Ave Maria International Law Journal, 2 (2013)

Public Policy Recommendation Concerning Prenatal Adoption of Frozen Embryos in Light of Fetal Microchimerism, Ave Maria Law Review, Vol. 11, No. 2 (2013) pp. 263-297.

Popular articles:

“NGOs of Catholic Inspiration,” Lay Witness, January, 2013

“A Declaration of War: The Health and Human Services “Contraception Mandate,” Lay Witness, May-June 2012.

“Frozen Embryos: Has Dignitas Personae Changed Anything?” Lay Witness, January-February, 2012.

Guest commentary (Op Ed) for the Naples Daily News on Pope Benedict’s comment on condom use by male prostitutes entitled “Contracepting Sodomy is Oxymoronic” that appeared in the Sunday edition, November 28, 2010.

Family Matters (magisterial teaching on Marriage, Family, Contraception, Abortion, IVF, Cloning, and Euthanasia), in-house publication FUS, August, 2004, Imprimatur by Bishop Daniel Conlon, JCD, November 12, 2006.

With Faith and Reason, (Thomistic anthropology & sources of theology) in-house publication FUS, Imprimatur by Bishop Gilbert I. Sheldon, 6/18/2002.

The Light to Choose, (an introduction to moral theology based on The Catechism, Veritatis Splendor, and Summa Theologica ) in-house publication FUS, February, 2003.

“Mary in Action,” Lay Witness, May, 2001

“Renewing the World Order,” Brian Scarnecchia and Philip Grey, Lay Witness, February, 2000.

“All You Need Is Love,” Lay Witness, September, 1999.            

Popular Articles, electronic:

Co-authored with Brian Simboli, Hobby Lobby won: now it’s time they firmly reject Obama’s immoral ‘accommodation”, July 8, 2014.

Publications

Bioethics, Law, and Human Life Issues: A Catholic Perspective on Marriage, Family, Contraception, Abortion, Reproductive Technology, and Death and Dying.

D. Brian Scarnecchia, Bioethics Law and Human Life Issues: A Catholic Perspective on Marriage, Family, Contraception, Abortion, Reproductive Technology, and Death and Dying (2010).

 

Books cont.

Co-authored with Terrence McKeegan, The Millennium Development Goals in Light of Catholic Social Teaching, (New York, Catholic Family and Human Rights Institute (C-Fam), 2009).

Bioethics, Jurisprudence and Public Policy (New Orleans, LA, Esquire Press) forthcoming in 2015.

Book Chapters

Contributing author – Through a Lens More Clearly: A Catholic Perspective on Law, editor Ronald Rychlak, Chapter on Property Law, (New York, Roman & Littlefield), forthcoming in March, 2015.

Contributing author – Response to Robert Fastiggi, “St. Paul, the Natural Law, and the Catholic Tradition,” Chapter 2, St Paul, the Natural Law, and Contemporary Legal Theory. (Lanham, MD, Lexington Books, 2012)

Contributing author – “The Millennium Development Goals,” Encyclopedia of Catholic Social Thought, by the Society of Catholic Social Scientists Vol. 3 (Lanham, MD, Scarecrow Press, 2012)

Contributing author – “Human Life International,” Encyclopedia of Catholic Social Thought, by the Society of Catholic Social Scientists Vols. 1 and 2. (Lanham, MD, Scarecrow Press, 2008)

Contributing author of “The Tension between Law and Culture,” Dialogue between Faith and Culture: Toward Integral Human & Social Development, Asian Bishops Conference & Pontifical Council for Culture, February, 1998.

Subject Guide

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