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Articles 1 - 30 of 138
Full-Text Articles in Law
December 28, 2018: Holiday Travel, Bruce Ledewitz
December 28, 2018: Holiday Travel, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Holiday Travel“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 25, 2018: The Parable That Ends The Novel, The Chosen Is A Christmas Parable, Bruce Ledewitz
December 25, 2018: The Parable That Ends The Novel, The Chosen Is A Christmas Parable, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Parable that Ends the Novel, The Chosen is a Christmas Parable“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 23, 2018: More Of The New Mark Lilla, Bruce Ledewitz
December 23, 2018: More Of The New Mark Lilla, Bruce Ledewitz
Hallowed Secularism
Blog post, “More of the New Mark Lilla“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz
December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Continuing Disintegration of Politics in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Evaluating The Legality Of Age-Based Criteria In Health Care: From Nondiscrimination And Discretion To Distributive Justice, Govind Persad
Evaluating The Legality Of Age-Based Criteria In Health Care: From Nondiscrimination And Discretion To Distributive Justice, Govind Persad
Sturm College of Law: Faculty Scholarship
Recent disputes over whether older people should pay more for health insurance, or receive lower priority for transplantable organs, highlight broader disagreements regarding the legality of using age-based criteria in health care. These debates will likely intensify given the changing age structure of the American population and the turmoil surrounding the financing of American health care. This Article provides a comprehensive examination of the legality and normative desirability of age-based criteria. In the Article, I defend a distributive justice approach to age-based criteria. Rather than viewing age as a personal characteristic akin to race or religion, the distributive justice approach …
December 14, 2018: What Will Post-Christianity Look Like?, Bruce Ledewitz
December 14, 2018: What Will Post-Christianity Look Like?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Will Post-Christianity Look Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 10, 2018: The Democrats’ God Problem, Bruce Ledewitz
December 10, 2018: The Democrats’ God Problem, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Democrats’ God Problem“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 7, 2018: Needed: A Party Of Democracy, Bruce Ledewitz
December 7, 2018: Needed: A Party Of Democracy, Bruce Ledewitz
Hallowed Secularism
Blog post, “Needed: A Party of Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz
The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Preserving Life By Ranking Rights, John William Draper
Preserving Life By Ranking Rights, John William Draper
Librarian Scholarship at Penn Law
Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.
The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …
December 1, 2018: "I Retired", Bruce Ledewitz
December 1, 2018: "I Retired", Bruce Ledewitz
Hallowed Secularism
Blog post, "I Retired“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 24, 2018: Letter About Kornacki's Book, Bruce Ledewitz
November 24, 2018: Letter About Kornacki's Book, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Letter about Kornacki's book“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2018: Thanksgiving 2018, Bruce Ledewitz
November 23, 2018: Thanksgiving 2018, Bruce Ledewitz
Hallowed Secularism
Blog post, “Thanksgiving 2018“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2018: Is The New York Times Right About China?, Bruce Ledewitz
November 21, 2018: Is The New York Times Right About China?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is the New York Times Right About China?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz
November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Matthew Whitaker Appointment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 9, 2018: The Electoral College, Bruce Ledewitz
November 9, 2018: The Electoral College, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 4, 2018: The God Construct, Bruce Ledewitz
November 4, 2018: The God Construct, Bruce Ledewitz
Hallowed Secularism
Blog post, “The God Construct“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 3, 2018: A Society Without A Soul, Bruce Ledewitz
November 3, 2018: A Society Without A Soul, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Society Without a Soul“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner
Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner
Articles
The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …
October 30, 2018: Executing Robert Bowers, Bruce Ledewitz
October 30, 2018: Executing Robert Bowers, Bruce Ledewitz
Hallowed Secularism
Blog post, “Executing Robert Bowers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz
October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Shootings in Pittsburgh“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 23, 2018: "Because He Doesn’T Exist", Bruce Ledewitz
October 23, 2018: "Because He Doesn’T Exist", Bruce Ledewitz
Hallowed Secularism
Blog post, "Because He doesn’t exist" discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 20, 2018: Absurdities Of Anti-Religious Bias, Bruce Ledewitz
October 20, 2018: Absurdities Of Anti-Religious Bias, Bruce Ledewitz
Hallowed Secularism
Blog post, “Absurdities of Anti-Religious Bias“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 18, 2018: Rhodri Lewis Responds, Bruce Ledewitz
October 18, 2018: Rhodri Lewis Responds, Bruce Ledewitz
Hallowed Secularism
Blog post, “Rhodri Lewis Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 16, 2018: Pittsburgh Foundation Grant, Bruce Ledewitz
October 16, 2018: Pittsburgh Foundation Grant, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pittsburgh Foundation Grant“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 12, 2018: So, Shakespeare Is Now A Nihilist, Bruce Ledewitz
October 12, 2018: So, Shakespeare Is Now A Nihilist, Bruce Ledewitz
Hallowed Secularism
Blog post, “So, Shakespeare Is Now a Nihilist“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz
October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz
Hallowed Secularism
Blog post, “Judge Kavanaugh Doesn’t Have a Judicial Philosophy: Only Randy Barnett Does“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Justice And Capital Punishment, Marianne Warrington
Justice And Capital Punishment, Marianne Warrington
Student Writing
No abstract provided.
The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne Barnes
The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne Barnes
Faculty Scholarship
Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the biggest understatement in this entire symposium, notes that Professor Kent Greenawalt identified this as “a particularly significant, debatable, and highly complex problem.” Is it ever. I have a position that I will advance in this article, but I wish to acknowledge at the outset that …
An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng
An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
This paper is directed at a deep investigation of Thomas Aquinas's position on the relationship between justice and legality, a perennial debate in legal philosophy - are unjust laws laws at all? Modern natural law theorists taking contradictory positions all claim to be faithful to Aquinas's ideas on the matter. Yet, they cannot all be correct. This paper aims to discern Aquinas's true position on the matter by undertaking a detailed study of Aquinas's Treatise on Law, the broader context of the Summa Theologiae within which the Treatise is situated, and Aquinas's methodological and definitional approaches.