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- Hallowed Secularism (18)
- Faculty Publications (3)
- Articles (2)
- Articles in Law Reviews & Other Academic Journals (1)
- George Mason University School of Law Working Papers Series (1)
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- James Goold Cutler Lecture (1)
- Journal Articles (1)
- Perkins Faculty Research and Special Events (1)
- Rutgers Law School (Newark) Faculty Papers (1)
- Scholarly Publications (1)
- Scholarship Chronologically (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 1 - 30 of 33
Full-Text Articles in Law
Accommodating Competition: Harmonizing National Economic Commitments, Jonathan Baker
Accommodating Competition: Harmonizing National Economic Commitments, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
This article shows how the norm supporting governmental action to protect and foster competitive markets was harmonized with economic rights to contract and property during the 19th century, and with the development of the social safety net during the 20th century. It explains why the Constitution, as understood today, does not check the erosion of the entrenched but threatened national commitment to assuring competitive markets.
Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker
Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker
Perkins Faculty Research and Special Events
This MLK Jr-inspired ecotheology [eco-theology] connects “economics,” “ecology,” and “ecological civilization” to the theological ethics of Rev. Dr. Martin Luther King Jr.
Though we often remember King primarily as a domestic civil rights leader; attention to King’s book—Where Do We Go from Here: Chaos or Community? (1967) reveals that he advanced a global ethics. King called for replacing recourse to war with nonviolent resistance to evil, and for abolishing poverty throughout “the world house.” He prescribed that we “civilize ourselves by the total, direct and immediate abolition of poverty.” King was concerned with civilizing “the world house” (house …
Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman
Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman
Faculty Publications
Recent cases involving religious businesses owners who object to providing services for same-sex weddings and resulting lawsuits have generated a vigorous academic and popular debate. That debate centers in part on the proper role of religion in the market. This article develops three theories of the proper relationship between commerce and religion and applies them to these conflicts. The first approach would apply the norms of liberal democratic governments to market actors. The second approach posits that any market outcome is legitimate so long as it results from voluntary contracts. These approaches yield contradictory and indeterminate advice on the conflicts …
Public Law At The Cathedral: Enjoining The Government, Michael T. Morley
Public Law At The Cathedral: Enjoining The Government, Michael T. Morley
Scholarly Publications
Conventional wisdom provides that injunctive relief in public law cases is generally unnecessary, because a declaratory judgment and the threat of damages are enough to induce the government to comply with a court’s ruling (except, perhaps, in the institutional reform context). Consistent with this prevailing understanding, most scholars to apply Calabresi and Melamed’s Cathedral framework to public law have concluded that nearly all constitutional rights are protected by property rules, regardless of whether a rightholder actually is protected by an injunction, or instead merely has a substantial likelihood of obtaining one if she goes to court.
This Article challenges this …
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Fundamental Rights Case Masquerading as a Commerce Clause Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 5, 2010: “Let The Free Market Reign”, Bruce Ledewitz
November 5, 2010: “Let The Free Market Reign”, Bruce Ledewitz
Hallowed Secularism
Blog post, ““Let the Free Market Reign”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 23, 2010: Why Global Warming Cannot Be Happening, Bruce Ledewitz
September 23, 2010: Why Global Warming Cannot Be Happening, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Global Warming Cannot be Happening“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 11, 2010: Economic Life Under Hallowed Secularism, Bruce Ledewitz
February 11, 2010: Economic Life Under Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Economic Life Under Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 13, 2009: Time To Buy An American Car, Bruce Ledewitz
December 13, 2009: Time To Buy An American Car, Bruce Ledewitz
Hallowed Secularism
Blog post, “Time to Buy an American Car“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 9, 2009: How Did Corporations Get Constitutional Rights?, Bruce Ledewitz
September 9, 2009: How Did Corporations Get Constitutional Rights?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Did Corporations Get Constitutional Rights?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 4, 2009: Blurring Of Church And State On Healthcare, Bruce Ledewitz
September 4, 2009: Blurring Of Church And State On Healthcare, Bruce Ledewitz
Hallowed Secularism
Blog post, “Blurring of Church and State on Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 29, 2009: Declare Healthcare Victory And Go Home?, Bruce Ledewitz
August 29, 2009: Declare Healthcare Victory And Go Home?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Declare Healthcare Victory and Go Home?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 8, 2009: End Of Life Counseling, Bruce Ledewitz
August 8, 2009: End Of Life Counseling, Bruce Ledewitz
Hallowed Secularism
Blog post, “End of Life Counseling“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 26, 2009: The Economic Failure Of Our Religions, Bruce Ledewitz
March 26, 2009: The Economic Failure Of Our Religions, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Economic Failure of Our Religions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 13, 2009: Stem Cell Research, Bruce Ledewitz
March 13, 2009: Stem Cell Research, Bruce Ledewitz
Hallowed Secularism
Blog post, “Stem Cell Research“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 24, 2009: Cost Of Hallowed Secularism, Bruce Ledewitz
February 24, 2009: Cost Of Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Cost of Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 12, 2009: The End Of Market Economics, Bruce Ledewitz
January 12, 2009: The End Of Market Economics, Bruce Ledewitz
Hallowed Secularism
Blog post, “The End of Market Economics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 18, 2008: Ursula Leguin On Economics, Bruce Ledewitz
November 18, 2008: Ursula Leguin On Economics, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ursula LeGuin on Economics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky
Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky
Articles
No abstract provided.
March 29, 2008: Secularists And Tibet, Bruce Ledewitz
March 29, 2008: Secularists And Tibet, Bruce Ledewitz
Hallowed Secularism
Secularists and Tibet
December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz
December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz
Hallowed Secularism
The Evangelical Stance on Global Warming
November 1, 2007: The Limits Of Materialism, Bruce Ledewitz
November 1, 2007: The Limits Of Materialism, Bruce Ledewitz
Hallowed Secularism
The Limits of Materialism
September 6, 2007: Hallowed Secularism And Economics, Bruce Ledewitz
September 6, 2007: Hallowed Secularism And Economics, Bruce Ledewitz
Hallowed Secularism
Hallowed Secularism and Economics
Why Care About The Polar Bear?: Economic Analysis Of Natural Resources Law And Policy [Outline], Lisa Heinzerling
Why Care About The Polar Bear?: Economic Analysis Of Natural Resources Law And Policy [Outline], Lisa Heinzerling
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
1 page.
"Lisa Heinzerling, Georgetown Law School" -- Agenda
Discrimination Against The Unhealthy In Health Insurance, Mary Crossley
Discrimination Against The Unhealthy In Health Insurance, Mary Crossley
Articles
As employers seek to contain their health care costs and politicians create coverage mechanisms to promote individual empowerment, people with health problems increasingly are forced to shoulder the load of their own medical costs. The trend towards consumerism in health coverage shifts not simply costs, but also insurance risk, to individual insureds, and the results may be particularly dire for people in poor health. This Article describes a growing body of research showing that unhealthy people can be expected disproportionately to pay the price for consumerism, not only in dollars, but in preventable disease and disability as well. In short, …
A Culturally Correct Proposal To Privatize The British Columbia Salmon Fishery, D. Bruce Johnsen
A Culturally Correct Proposal To Privatize The British Columbia Salmon Fishery, D. Bruce Johnsen
George Mason University School of Law Working Papers Series
Canada now faces two looming policy crises that have come to a head in British Columbia. The first is long-term depletion of the Pacific salmon fishery by mobile commercial ocean fishermen racing to intercept salmon under the rule of capture. The second results from Canadian Supreme Court case law recognizing and affirming “the existing aboriginal and treaty rights of the aboriginal peoples of Canada” under Section 35(1) of the Constitution Act, 1982. This essay shows that the economics of property rights provides a joint solution to these crises that would promote the Canadian commonwealth by way of a privatization auction …
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw, Jr.
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw, Jr.
Vanderbilt Law School Faculty Publications
Professors George and Pushaw review Maxwell L. Stearns’ book, “Constitutional Process: A Social Choice Analysis of Supreme Court Decision-making.” In his book, Stearns demonstrates that the U.S. Supreme Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing “social choice” economic theory, Professor Stearns argues that the Court strives to formulate rules that promote rationality and fairness. Perhaps the greatest strength of Stearns’ book is that he presents a grand unified theory of the Court’s rules of constitutional process and the resulting development of doctrine. This strength can also be a weakness, …
Judicial Review And Global Federalism, Charles H. Koch Jr.
Judicial Review And Global Federalism, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon
Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon
Scholarship Chronologically
The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.