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Full-Text Articles in Law

Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez Oct 2017

Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez

Seattle University Law Review

The first part of this Article will synthesize the key teachings of Pope Francis from his most important statements on economic structures and social justice and situate these teachings within contemporary economic realities and traditional social justice teachings. Part II of this Article will demonstrate that the Pope’s teachings on social justice fundamentally reflect the best learning from economists on how to sustain economic growth. Part III of this Article will show that nations that undertake policies to pursue the fundamental tenets of the Pope’s teachings (such as minimizing childhood poverty) also perform the best in achieving high human development …


The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz Aug 2017

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

University of Massachusetts Law Review

American Democracy has broken down. This crisis was on dramatic display in the 2016 Presidential Campaign. Americans are resentful, distrustful and pessimistic. We find it easy to blame “the other side” for the deadlock, mendacity and irresponsibility in American public life. By virtue of their public role, American law schools have an obligation to address the breakdown in order to understand and try to ameliorate it. That task is currently unfulfilled by law schools individually and collectively. They are distracted by marketing and pedagogy. Religious law schools, which retain the traits of normative discourse, mission, Truth and tragic limit to …


Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz Jul 2017

Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz Jul 2017

‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson May 2017

Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.


Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz Mar 2017

Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr. Feb 2017

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

I am a juvenile sex trafficking survivor. I was sold here in New Hampshire and other states as well. This is happening now too. Even with a law against prostitution, the more egregious elements are prevalent. Trafficking is not separate from prostitution, it is just the darker side of the very same coin. 


Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr. Feb 2017

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

There is an organized effort in New Hampshire to fully decriminalize prostitution. What that means is that all laws controlling the buying and selling of sex will be removed from the law books, making prostitution legal. Law enforcement and public officials will then have no control over if, when, and where prostitution occurs, whether it’s in massage parlors (often called spas), hotels, apartments, residences, or strip clubs. Because commercial sex will be legal, pimps and “sex workers” will be able to freely advertise prostitution services. Pimps will be able to openly recruit women and girls into prostitution, without fear of …


Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz Jan 2017

Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown Jan 2017

The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown

All Faculty Scholarship

I have known and been inspired by Henry J. Richardson III and his scholarship for many years. A hallmark of his work has been his focus upon African-American interests in international law and also upon the rights and interests of African states. In acknowledgement of that intellectual debt, it is my honor to dedicate the following article to this festschrift celebrating his life and work.


The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz Jan 2017

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner Jan 2017

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …


Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz Jan 2017

Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff Jan 2017

They Were Here First: American Indian Tribes, Race, And The Constitutional Minimum, Sarah Krakoff

Publications

In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sovereigns with a direct relationship with the federal government. Tribes’ governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection doctrine, classifications that further the federal government’s unique relationship with tribes and their members are subject to rationality review. Yet this deferential approach has recently been subject to criticism and is currently being challenged in the courts. Swept up in the larger drift toward colorblind or race-neutral understandings of the Constitution, advocates and commentators are …


The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown Dec 2016

The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown

Bartram Brown

I have known and been inspired by Henry J. Richardson III and his scholarship for many years. A hallmark of his work has been his focus upon African-American interests in international law and also upon the rights and interests of African states. In acknowledgement of that intellectual debt, it is my honor to dedicate the following article to this festschrift celebrating his life and work.