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Articles 1 - 30 of 48
Full-Text Articles in Law
Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala
Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala
Articles
Book review: Violent Fraternity: Indian Political Thought in the Global Age, by Shruti Kapila, Princeton, Princeton University Press, 2021, 328 pp., $37.00/£30.00, ISBN 9780691195223
Additional Materials For Judicial Uses Of Images: Vision In Decision, Peter Goodrich
Additional Materials For Judicial Uses Of Images: Vision In Decision, Peter Goodrich
Faculty Online Publications
These images are taken from published judicial decisions that are publicly available. The instances used are to analyze the manner in which judges see the subject matter of disputes and to elaborate a theory of the vision underlying decisions.
Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz
Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz
Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz
Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz
Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz
Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz
The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz
If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Political Theory And The Volunteer: Lessons From Kahn’S Ethnography Of ‘Our Unhappy Politics’, Benjamin Berger
Political Theory And The Volunteer: Lessons From Kahn’S Ethnography Of ‘Our Unhappy Politics’, Benjamin Berger
All Papers
This article offers a reading of Paul Kahn’s Democracy in Our America that places this intimate “work of local political theory” in a central position in the landscape of his political thought. The article argues that the figure of the volunteer, as it appears in the volume, holds a space for love and meaning—and for political happiness—that secures for it a critical role in the system of beliefs and practices that sustain self-government in the United States. That framing draws the volunteer into relationship with Kahn’s thinking about the family, the veteran, and law. But it also means that the …
The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz
The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz
The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Applying Bentham's Theory Of Fallacies To Chief Justice Roberts' Reasoning In West Virginia V. Epa, Dana Neacsu
Applying Bentham's Theory Of Fallacies To Chief Justice Roberts' Reasoning In West Virginia V. Epa, Dana Neacsu
Law Faculty Publications
This essay summarizes the Court’s decision in West Virginia v. EPA. It also analyzes Chief Justice Robert’s reasoning and addresses the case’s flaws from two perspectives. It references the Court’s decision connecting it to the so-called New Deal Cases, because in both Panama Refining Co. v. Ryan, and West Virginia v. EPA, the Court accepted to review a lower court’s decision about a non-existent regulation. In 1935, the governmental kerfuffle was due to a lack of regulatory transparency; the Federal Register had yet to be established. This essay’s analysis incorporates Jeremy Bentham’s 1809 work on two classes of fallacies, authority …
The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz
The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz
With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Defending The First Premise: Why Prenatal Life Is Not The Exception, Jessica Buchanan
Defending The First Premise: Why Prenatal Life Is Not The Exception, Jessica Buchanan
Senior Honors Theses
This thesis frames the abortion debate by dividing the pro-life position into two premises: that the government must protect human beings’ right to life, and that an unborn human organism is a human being. It briefly describes the proposition that the unborn are moral persons. It then proceeds to examine philosophical, legal, and practical objections to the first premise, concluding that if the unborn are established as human beings, the government must uphold their right to life. While this thesis is intended to argue in favor of restricting elective abortion, it does not put forth an opinion on what should …
What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz
What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Capograssi, Imperdonabile, Andrew J. Cecchinato
Capograssi, Imperdonabile, Andrew J. Cecchinato
Fellow, Adjunct, Lecturer, and Research Scholar Works
When reviewing the history of early twentieth century thought, it is not uncommon to read reflections concerning the crisis of contemporary states. Less frequent – but not unheard of – is coming across meditations regarding the very end of the state. Among the latter, those of Giuseppe Capograssi (1889-1956) stand out like a lightning flash, for the eschatological meaning they flare upon the relationship between statehood and the law. «All true research on the state is a profound meditation on its ending», he writes concluding the introduction of his first book in 1918. Like a seal yet to be broken, …
The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz
The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz
What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Why I Am No Longer A Jew, Bruce Ledewitz
Why I Am No Longer A Jew, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz
By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Trolley Problems, Private Necessity, And The Duty To Rescue, Laura A. Heymann
Faculty Publications
Laidlaw v. Sage is generally, at best, an oddity in Torts casebooks today. A case that captured the imagination of New York newspaper readers at the time, Laidlaw involved an explosion that, William Laidlaw argued, the wealthy Russell Sage survived only because, at the last moment, he pulled Laidlaw in front of him to absorb the brunt of the blast. As taught in Torts classrooms, Laidlaw is either a case about the intent requirement for battery or a case about causation. But the case, assuming the plaintiff’s story was true, also provides an interesting window into what would seem to …
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz
If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz
On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz
An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Openness Of Talmud, Bruce Ledewitz
The Openness Of Talmud, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Urgenda Vs. Juliana: Lessons For Future Climate Change Litigation Cases, Paolo Davide Farah, Imad Antoine Ibrahim
Urgenda Vs. Juliana: Lessons For Future Climate Change Litigation Cases, Paolo Davide Farah, Imad Antoine Ibrahim
Articles
No abstract provided.
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
Articles
This article addresses whether international law today is capable of instituting the rule of law. It offers a renewed look at the internationalists who brought us modern international law, such as Lauterpacht, Cassin and Lemkin. They tenaciously worked at placing the individual’s right to life and to human dignity front and center in international law while also preserving peace among states. Their struggle began in earnest first in the interwar years after the “war to end all wars” (1918 – 1939), and then again in 1945 after yet another, still worse, world war had occurred, devastating Europe, but leaving the …