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Full-Text Articles in Law
March 7, 2016: Bill Mckibben Proves Me Right On Campaign Finance, Though He Probably Doesn’T Agree, Bruce Ledewitz
March 7, 2016: Bill Mckibben Proves Me Right On Campaign Finance, Though He Probably Doesn’T Agree, Bruce Ledewitz
Hallowed Secularism
Blog post, “Bill McKibben Proves Me Right on Campaign Finance, Though He Probably Doesn’t Agree“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 5, 2016:Will Negative Ads And So Forth Hurt Trump?, Bruce Ledewitz
March 5, 2016:Will Negative Ads And So Forth Hurt Trump?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Will Negative Ads and so forth Hurt Trump?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 27, 2016: Democratic Experimentalism And The Other Beginning, Bruce Ledewitz
February 27, 2016: Democratic Experimentalism And The Other Beginning, Bruce Ledewitz
Hallowed Secularism
Blog post, “Democratic Experimentalism and the Other Beginning“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 21, 2016: So How Come Trump Is Still Around?, Bruce Ledewitz
February 21, 2016: So How Come Trump Is Still Around?, Bruce Ledewitz
Hallowed Secularism
Blog post, “So How Come Trump is Still Around?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 16, 2016:Does The Constitution Protect The Right To Have More Than One Child?, Bruce Ledewitz
February 16, 2016:Does The Constitution Protect The Right To Have More Than One Child?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Does the Constitution Protect the Right to Have More than One Child?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 14, 2016: Was Scalia A Great Justice?, Bruce Ledewitz
February 14, 2016: Was Scalia A Great Justice?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Was Scalia a Great Justice?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 10, 2016: Is Trump Back? No. But What About Clinton?, Bruce Ledewitz
February 10, 2016: Is Trump Back? No. But What About Clinton?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Trump Back? No. But What About Clinton?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 4, 2016: Is This Weimar?, Bruce Ledewitz
February 4, 2016: Is This Weimar?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is This Weimar?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 3, 2016: Is Trump Going To Be The Gop Nominee?, Bruce Ledewitz
February 3, 2016: Is Trump Going To Be The Gop Nominee?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Trump Going to be the GOP Nominee?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 30, 2016: Journalism Under Attach—Again, Bruce Ledewitz
January 30, 2016: Journalism Under Attach—Again, Bruce Ledewitz
Hallowed Secularism
Blog post, “Journalism Under Attach—Again“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 27, 2016: The End Of Trump, Bruce Ledewitz
January 27, 2016: The End Of Trump, Bruce Ledewitz
Hallowed Secularism
Blog post, “The End of Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 27, 2016: Don’T Fight Mistrust; Deepen It, Bruce Ledewitz
January 27, 2016: Don’T Fight Mistrust; Deepen It, Bruce Ledewitz
Hallowed Secularism
Blog post, “Don’t Fight Mistrust; Deepen It“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 24, 2016: Secular Rites, Bruce Ledewitz
January 24, 2016: Secular Rites, Bruce Ledewitz
Hallowed Secularism
Blog post, “Secular Rites“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 17, 2016: The Push Back Against Ending Campaign Contribution Limits, Bruce Ledewitz
January 17, 2016: The Push Back Against Ending Campaign Contribution Limits, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Push Back Against Ending Campaign Contribution Limits“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 9, 2016: Lessons From New York, Bruce Ledewitz
January 9, 2016: Lessons From New York, Bruce Ledewitz
Hallowed Secularism
Blog post, “Lessons from New York“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 3, 2016: Is Life Inherently Tragic?, Bruce Ledewitz
January 3, 2016: Is Life Inherently Tragic?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Life Inherently Tragic?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 2, 2017: This Is What Happens When You Vote Republican, Bruce Ledewitz
January 2, 2017: This Is What Happens When You Vote Republican, Bruce Ledewitz
Hallowed Secularism
Blog post, “This is What Happens When You Vote Republican“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Introduction To Law In Literature And Philosophy, Joseph P. Tomain
Introduction To Law In Literature And Philosophy, Joseph P. Tomain
Faculty Articles and Other Publications
As the title indicates, this is an Introductory Memorandum for a course entitled: Law In Literature and Philosophy. The memorandum begins to explore the themes of the course more particularly it explores the relationships between and among law, literature, and philosophy by posing questions such as: Is the intersection of law and literature limited to stories about law and methods of interpretation? Or is law and literature a movement to reclaim law as part of the humanities rather than as a social science such as economics as Judge Posner questions? Or, does literature, as Professor Martha Nussbaum has written, help …
The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz
The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Five Days In June When Values Died In American Law, Bruce Ledewitz
The Five Days In June When Values Died In American Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, David Yosifon
The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, David Yosifon
Faculty Publications
A mature assessment of the society we are making for ourselves, and the legacy we are leaving to the future, must come to terms with consumer culture. Theoretical discourse, as well as common experience, betray persistent ambiguity about what consumerism means to and says about us. In this Article, I argue that this ambiguity can in part be explained by examining the social relations of consumption in contemporary society. These involve, crucially, the relationship between producer and consumer that is dictated by corporate governance law, and embodied in the decision-making dynamics of the directors who command corporate operations. The enigmatic …
Subsidiarity's Roots And History: Some Observations, John M. Finnis
Subsidiarity's Roots And History: Some Observations, John M. Finnis
Journal Articles
Subsidiarity, i.e., “the principle of subsidiarity,” i.e., “the principle of subsidiary function/responsibility,” i.e., the principle that it is unjust for a higher authority (e.g., the state’s government and law) to usurp the self-governing authority that lower authorities (e.g., in families or other civil associations), acting in the service of their own members (groups and persons), rightly have over those members, is a presumptive and defeasible, not an absolute, principle. But it excludes any general policy or aim of assuming the control or managerial direction of lower groups. Its deepest rationale is the intrinsic desirability of self-direction (not least in cooperatively …
Applied Ethics: A Misnomer For A Field?, Leslie Francis
Applied Ethics: A Misnomer For A Field?, Leslie Francis
Utah Law Faculty Scholarship
You may have guessed that I’m a pragmatist, methodologically. To that, I plead guilty; I think ethics could learn a great deal from the pragmatist tradition. And one of the most important things it could learn is to object to artificial separations between “ethics” and its “application.”
Utilitarianism And Wealth Transfer Taxation, Jennifer Bird-Pollan
Utilitarianism And Wealth Transfer Taxation, Jennifer Bird-Pollan
Law Faculty Scholarly Articles
This article is the third in a series examining the continued relevance and philosophical legitimacy of the United States wealth transfer tax system from within a particular philosophical perspective. The article examines the utilitarianism of John Stuart Mill and his philosophical progeny and distinguishes the philosophical approach of utilitarianism from contemporary welfare economics, primarily on the basis of the concept of "utility" in each approach. After explicating the utilitarian criteria for ethical action, the article goes on to think through what Mill's utilitarianism says about the taxation of wealth and wealth transfers, the United States federal wealth transfer tax system …
Why Tax Wealth Transfers?: A Philosophical Analysis, Jennifer Bird-Pollan
Why Tax Wealth Transfers?: A Philosophical Analysis, Jennifer Bird-Pollan
Law Faculty Scholarly Articles
The one-hundredth anniversary of the estate tax provides an ideal moment to reflect on the role of wealth transfer taxation in the larger scheme of the U.S. tax system. Wealth and income inequality are at historically high levels, and the responses to these issues are often reduced to a simplistic political dichotomy of “right” versus “left.” The multitude of views of the American people cannot be reduced to such simple generalities without losing important nuances. This Article identifies three general categories of political philosophical viewpoints that are commonly endorsed by both politicians and everyday Americans, and then examines the current …