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A Case For Proposition 209, Gerard V. Bradley Aug 2016

A Case For Proposition 209, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Response To Hittnger, Gerry Bradley Mar 2015

Response To Hittnger, Gerry Bradley

Gerard V. Bradley

No abstract provided.


Editorial Introduction, Gerard V. Bradley, John M. Finnis Nov 2013

Editorial Introduction, Gerard V. Bradley, John M. Finnis

Gerard V. Bradley

This Article is a forward to nine articles from the 2001 Symposium on Natural Law and Human Fulfillment, held at Notre Dame Law School. The Symposium was held to mark the 35th anniversary of the publication of Germain Grisez's "The First Principle of Practical Reason: A Commentary on the Summa Theologiae."


Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley Nov 2013

Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley

Gerard V. Bradley

Timothy Endicott tells the tale of the "wise electrician." The main activities of the Wise Electrician are two. One is that he installs legally required Grade 5 insulation in everyone's home save one. The second is that on his own ceiling light circuits he uses Grade 4 insulation, which cheaper to acquire and, in his professional judgment, it is safe. In fact, the Wise Electrician would install Grade 4 in those houses, too, but for one fact: it would be illegal. What makes our man so interesting is that it is illegal to install Grade 4 in his house too. …


The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George Nov 2013

The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George

Gerard V. Bradley

No abstract provided.


Response To Hittinger, Gerard V. Bradley Nov 2013

Response To Hittinger, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George Nov 2013

Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George

Gerard V. Bradley

No abstract provided.


Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley Nov 2013

Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley

Gerard V. Bradley

Punishing criminals involves more than visiting unwelcome experiences–the rack, the gallows, confinement, sitting in a corner–upon them. Privations such as these constitute the behavioral substratum, the raw material of punishment. But behaviors such as confinement become the acts that they are, including acts of punishment by confinement, according to the justifying aim(s) which suffuse(s) the behavior. For behaviors such as confinement are ambiguous; limiting another's freedom of movement may be constitutive of a number of different human acts, including quarantine, kidnapping, institutionalization, and imprisonment for crime. Same behavior, different acts. Each of the ends of punishment shapes privations imposed upon …


Plea Bargaining And The Criminal Defendant's Obligation To Plead Guilty, Gerard V. Bradley Oct 2013

Plea Bargaining And The Criminal Defendant's Obligation To Plead Guilty, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Present At The Creation? A Critical Guide To Weeks V. United States And Its Progeny, Gerard V. Bradley Oct 2013

Present At The Creation? A Critical Guide To Weeks V. United States And Its Progeny, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerry Bradley Oct 2013

An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerry Bradley

Gerard V. Bradley

No abstract provided.


The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley Oct 2013

The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


The No Religious Test Clause And The Constitution Of Religious Liberty: A Machine That Has Gone Of Itself, Gerard V. Bradley Oct 2013

The No Religious Test Clause And The Constitution Of Religious Liberty: A Machine That Has Gone Of Itself, Gerard V. Bradley

Gerard V. Bradley

The article VI ban on religious tests for federal offices is the sole provision on the topic of religion in the original Constitution. Since the seminal Everson decision in 1947 the courts and commentators have labored mightily to craft a thoroughgoing constitutional philosophy of church and state, in recognition of the profoundly problematic relationship between religion and law in our society. Yet none has looked carefully at the test clause for guidance. This Article does just that. Professor Bradley argues that notwithstanding the complete absence of attention to article VI, its story tells us all we need to know about …


Law Enforcement And The Separation Of Powers, Gerard V. Bradley Oct 2013

Law Enforcement And The Separation Of Powers, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley Oct 2013

Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Remaking The Constitution: A Critical Reexamination Of The Bowers V. Hardwick Dissent, Gerard V. Bradley Oct 2013

Remaking The Constitution: A Critical Reexamination Of The Bowers V. Hardwick Dissent, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley Oct 2013

Forum Juridicum: Church Autonomy In The Constitutional Order - The End Of Church And State?, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Religion At A Public University, Gerard V. Bradley Oct 2013

Religion At A Public University, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Dogmatomachy - A "Privatization" Theory Of The Religion Clause Cases, Gerard V. Bradley Oct 2013

Dogmatomachy - A "Privatization" Theory Of The Religion Clause Cases, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley Oct 2013

Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley Oct 2013

Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.


Retribution: The Central Aim Of Punishment, Gerard V. Bradley Oct 2013

Retribution: The Central Aim Of Punishment, Gerard V. Bradley

Gerard V. Bradley

When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious crimes were candidates for the sentences they justly deserved. Hamstrung by apparently silly rules of constitutional etiquette and bureaucratic sclerosis, the police were eclipsed in the mind of the public by the cold-blooded Everyman, bound only by the law of the jungle and some elusive sense of justice. Ultimately, popular demand required …


The Bill Of Rights And Originalism, Gerard V. Bradley Oct 2013

The Bill Of Rights And Originalism, Gerard V. Bradley

Gerard V. Bradley

Professor Bradley begins the final installment of the University of Illinois Law Review's year-long tribute to the Bill of Rights by proposing that the first ten Amendments, like the Constitution itself, be interpreted according to the original understanding of their ratifiers. Professor Bradley, though, narrows the scope of the exegetical inquiry to what he proposes is the only sound originalism - plain meaning, historically recovered. Professor Bradley argues that interpreting the Bill of Rights according to the text's plain meaning among persons politically active at the time of drafting avoids both the inflexibility and philosophical deficiencies of "snapshot" conservative originalism …


Catholic Faith And Legal Scholarship, Gerard V. Bradley Oct 2013

Catholic Faith And Legal Scholarship, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.