Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Natural law (3)
- Religion (3)
- Constitution (2)
- Morality (2)
- Punishment (2)
-
- Adams v. New York (1)
- Article VI (1)
- Bargain justice (1)
- Bill of rights (1)
- Bowers v. Hardwick (1)
- Catholicism (1)
- Church and state (1)
- Compliance (1)
- Constitutional amendments (1)
- Contragate (1)
- Crime (1)
- Criminal justice (1)
- Establishment clause (1)
- Everson (1)
- Everson v. Board of Education (1)
- First Amendment (1)
- Fourth Amendment (1)
- Free exercise (1)
- Law (1)
- Law enforcement (1)
- Liberty (1)
- Marriage (1)
- Moral autonomy (1)
- Moral obligation (1)
- Originalism (1)
Articles 1 - 24 of 24
Full-Text Articles in Entire DC Network
A Case For Proposition 209, Gerard V. Bradley
Response To Hittnger, Gerry Bradley
Editorial Introduction, Gerard V. Bradley, John M. Finnis
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
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
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
Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Catholic Faith And Legal Scholarship, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.