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Articles 1 - 4 of 4
Full-Text Articles in Law
The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis
The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki
Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki
Faculty Publications & Other Works
Policymakers frequently use arational appeals – such as those relying on emotion, cognitive biases, and subliminal messaging – to persuade citizens to adopt behaviors that support public goals. However, these communication tactics have been widely criticized for relying on arational triggers, rather than reasoned argument. This Article develops a fuller account of the non-consequentialist objections to arational persuasion by state actors, as well as the arguments in favor of such tactics, that have been presented by scholars of rhetoric, political theory, and cognitive science. The Article concludes by proposing ethically justifiable limitations on state communications that should be compelling to …
The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis
The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis
Faculty Publications & Other Works
This Article argues that the Reconstruction Amendments incorporated the human dignity values of the Declaration of Independence. The original Constitution contained clauses, which protected the institution of slavery, that were irreconcilable with the normative commitments the nation had undertaken at independence. The Thirteenth, Fourteenth, and Fifteenth Amendments set the country aright by formally incorporating the Declaration of Independence's principles for representative governance into the Constitution.
The Declaration of Independence provides valuable insights into matters of human dignity, privacy, and self-government. Its statements about human rights, equality, and popular sovereignty establish a foundational rule of interpretation. While the Supreme Court has …
Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan
Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan
Faculty Publications & Other Works
No abstract provided.