Professor, Thomas J. Abood Research Scholar, and Co-Director of the Terrence J. Murphy Institute for Catholic Thought, Law and Public Policy
1000 LaSalle Avenue
Minneapolis, MN 55403
Office Location: MSL 453
J.D., Columbia Law School
B.A., Yale University
Born in Frankfurt, Germany, Elizabeth R. Schiltz graduated magna cum laude from Yale University and received her juris doctor from Columbia Law School, where she served on the Columbia Law Review. After law school, she spent a year in Germany as a Robert Bosch Foundation Fellow. Schiltz was in private practice for nine years with law firms in Washington, D.C. (Morrison & Foerster) and Minneapolis, Minn. (Oppenheimer Wolff & Donnelly and Faegre & Benson), focusing on banking regulation, general corporate law and international law. Most recently, she practiced banking law at Faegre & Benson, Minnesota 's second largest law firm, where, among many other things, she assisted Dayton Hudson Corporation, Fingerhut Companies, Carson Pirie Scott, and other major retailers in obtaining charters for their credit card banks.
Schiltz was a member of the faculty of Notre Dame Law School from 1996 through 2000. She teaches classes in contracts, commercial law, and banking regulation. Her research interests include the relationship of federal and state law in regulating consumer credit, disability and consumer law theory, and feminist legal theory. Schiltz received the 2007 Dean's Award for Outstanding Scholarship and was elected Professor of the Year by the graduating class of 2007. In 2014, she was recognized with the Good Sister Award by St. Thomas' University Advocates for Women and Equity.
Schiltz is a member of the Board of Trustees of The Saint Paul Seminary, and Co-Director of the Terrence J. Murphy Institute for Catholic Thought, Law and Public Policy. She is also a contributor to the Catholic legal theory blog Mirror of Justice. Schiltz is a 1998 graduate of the Partners in Policymaking Academy, a nationwide, state-based training program in disability advocacy.
|Description of course 610 :||This course will examine the fundamental principles governing the enforcement of promises in the legal system. Students will explore topics such as the formation of con- tracts, excuses for performance of contractual obligations, breach of contracts, remedies for breach and the rights of third parties. In the context of contract law, students will develop their analytical skills using the common law, as well as statutory (e.g. the Uniform Commercial Code) and secondary (e.g., the Restatement (Second) of Contracts) authorities.|
|Description of course 807 :||This course will examine the nature and scope of the federal and state laws regulating financial institutions, including national and state-chartered commercial banks, thrift institutions and holding companies. Students will study the history and evolution of the banking industry and explore the social and economic policies underlying banking regulation. Additional topics will include entry restrictions, expansion of bank activities, branch banking and interstate banking.|
|Description of course 814 :||This course will examine the federal and state laws regard- ing unfair and deceptive practices, consumer credit trans- actions, debt collection and warranties. Students will examine federal statutes, such as the Consumer Credit Protection Act and the Magnuson-Moss Warranty Act, as well as state statutes and common law.|
|818||Payment Syst. (Inc.Neg.Instr.)||2|
|Description of course 818 :||This course will examine the laws governing lending money and making payments in both consumer and commercial contexts. Students will examine lending laws, including negotiable instrument law relevant primarily to commercial lending (UCC Article 3) and consumer protection law address- ing topics such as disclosure of lending terms, credit reporting, privacy and discriminatory lending practices and laws governing payment devices such as checks (UCC Article 4), electronic fund transfers (UCC Article 4A and the Electronic Funds Transfer Act) and credit and debit cards.|
|Description of course 852 :||This course will cover the law governing contracts for the sale of goods under Article 2 of the Uniform Commercial Code. Topics will include contract formation, including the statute of frauds and the parole evidence rule; express and implied warranties; the mechanics of performance, including transfer of title and tender; and remedies for breach of contract.|
|Description of course 930 :||Each year of law study, students are paired with respected lawyers and judges in the community. Mentors introduce students to a wide range of lawyering tasks and judicial activities and share with them the traditions, ideals and skills necessary for a successful career. Second and third year students participate in an academic credit pro- gram that combines fieldwork with a contemporaneous seminar component. The seminar fosters the habit and skill of reflective lawyering and draws upon student/ mentor experiences to examine the law school's mission in a practical setting. Class topics are designed to bridge the gap between student learning and life as a lawyer. Each student is given the opportunity to individualize learning goals specific to his or her unique path of professional development.|
|950||Supervised Resrch & Writing||.5|
|Description of course 950 :||Under the supervision of a faculty member, a student may receive up to two hours of course credit for researching and writing a substantial paper on a topic of the student's own choosing. The student must receive the instructor's per- mission to enroll in this course and must meet periodically with the instructor for discussion, review and evaluation. Each faculty member may supervise the research of no more than five students each semester.|
Consumer Credit Regulation
My scholarship has straddled two very different areas. In one series of articles, I traced the evolution of consumer credit law from a matter of local (primarily state) regulation to a matter of federal regulation, demonstrating the interplay between regulatory action and case law that has given this complex area its current form, and concluding that a dynamic tension between the two provides the optimum form of regulation. In another series of articles, I explored convergences between Catholic teachings on women and their role in contemporary society and the strand of feminist legal theory known as “care feminism,” “cultural feminism” or “relational feminism,” articulating a Catholic feminism based practically on strong social support of people engaged in family care work, and theoretically on a dependency-based theory of justice and a gender theory of complementarity.
Contributions and mentions in the media
Marie Failinger, Susan Stabile & Elizabeth R. Schiltz, Eds., Feminism, Law and Religion in Gender in Law, Culture and Society Series (Ashgate Press, 2013). [Read Aviva Richman's review here.]
Elizabeth R. Schiltz, Finding Common Ground in the Disability Rights Critiques of Selective Abortions in In Search of Common Ground on Abortion (Meredith Esser, Justin Murray, and Robin West, eds, Ashgate Press, 2014)
Elizabeth R. Schiltz, A Contemporary Catholic Theory of Complementarity in Feminism, Law And Religion (Marie Failinger, Elizabeth R. Schiltz & Susan J. Stabile, eds, Ashgate Press, 2013).
Elizabeth R. Schiltz, Dueling Vocations: Managing the Tensions Between Our Private and Public Callings, in Women, Sex, and the Church; A Case for Catholic Teaching (Erika Bachiochi ed., Pauline Books & Media, 2010).
Elizabeth R. Schiltz, Living in the Shadow of Mönchberg: Prenatal Testing and Genetic Abortion, in The Cost of “Choice”: Women Evaluate the Impact of Abortion (Erika Bachiochi ed., Encounter Books, 2004) reprinted in Defiant Birth: Women Who Give Birth Against Medical Expectations (Melinda Reist ed., Spinifex Press, 2006).
Rulemaking under Dodd-Frank: Putting the “Person” back into the Consumer Lending Process, U. of St. Thomas J. of Law & Pub. Pol. (forthcoming 2014)
Navigating Ambivalence, Invited Commentary for Narrative Symposium: Living with the Label “Disability”: Personal Narrative as a Resource for Responsive and Informed Practice in Biomedicine and Bioethics, 3.3 NARRATIVE INQUIRY IN BIOETHICS 241 (2013)
Elizabeth R. Schiltz, Exposing the Cracks in the Foundations of Disability Law, 75 Law & Contemp. Probs. 23 (2012).
Elizabeth R. Schiltz, The Paradox of the Global and the Local in the Financial Crisis of 2008: Applying the Lessons of Charitas in Veritate to the Regulation of Consumer Credit in the United States and the European Union, 26 J.L. & Religion 173 (2010).
Elizabeth R. Schiltz, Learning from Mary: The Feminine Vocation and American Law, 8 Ave Maria L. Rev. 101 (2009).
Elizabeth R. Schiltz, Foreword: Workplace Restructuring to Accommodate Family Life, 4 U. St. Thomas L.J. 343 (2008).
Elizabeth R. Schiltz, Damming Watters: Channeling the Power of Federal Preemption of State Consumer Banking Laws, 35 Fla. St. U. L. Rev. 893 (2008).
Elizabeth R. Schiltz, Should Bearing the Child Mean Bearing All the Cost? A Catholic Perspective on the Sacrifice of Motherhood and the Common Good, 10 Logos: J. Cath. Thought & Culture 15 (2007).
Elizabeth R. Schiltz, Motherhood and the Mission: What Catholic Law Schools Could Learn from Harvard about Women, 56 Cath. U. L. Rev. 405 (2007).
Elizabeth R. Schiltz, West, MacIntyre and Wojtyla: Pope John Paul II’s Contribution to the Development of a Dependency-Based Theory of Justice, 45 J. Cath. Legal Stud. 369 (2007).
Elizabeth R. Schiltz & Kimberly M. Gartner, What's Your Score? Educating College Students About Credit Card Debt, 24 St. Louis U. Pub. L. Rev. 401 (2005).
Elizabeth R. Schiltz, The Amazing, Elastic, Ever-Expanding Exportation Doctrine and Its Effect on Predatory Lending Regulation, 88 Minn. L. Rev. 518 (2004).
Elizabeth R. Schiltz, John Henry Cardinal Newman, An Essay on the Development of Christian Doctrine (1878), 1 J. Christian Legal Thought, Spring 2011, at 16.
Elizabeth R. Schiltz, To Procreate or Not to Procreate? The Question Asks: Do We Trust Our Creator?, Il Sussidiaro.net (June 22, 2010).
Elizabeth R. Schiltz, Subsidiarity and the Financial Crisis, First Things Online: On the Square (Apr. 8, 2009).
Elizabeth R. Schiltz, Catholic Feminism: An Oxymoron or ‘Deeper Truths’, St. Thomas Law., Winter 2008, at 18.
Elizabeth R. Schiltz, The Disabled Jesus: A Parent Looks at the Logic Behind Prenatal Testing and Stem Cell Research, Am., March 12, 2007 at 16.
Elizabeth R. Schiltz, We Are All Loved, But Some of Us Know That Better, Our Sunday Visitor, Jan. 7, 2007, at 16.
Elizabeth R. Schiltz, Confessions of a Genetic Outlaw, Hum. Life Rev., Summer/Fall 2006, at 139.
Elizabeth R. Schiltz, Credit Union Lobbyists' Show Kept Big Issues Offscreen, Am. Banker, Aug. 19, 1998, at 3.
Elizabeth R. Schiltz, Credit Union Ruling Victory for 'Little Guy', S. Bend Trib., Mar. 30, 1998, at A9.