Law Commons^™

Mid-Atlantic Ethics Committee Newsletter, Fall 2011-Winter 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

October 1, 2011: The Problem Of Nonpreferentialism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Problem of Nonpreferentialism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Scalia at Duquesne Law School“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Place Of Law: The Role And Limits Of Law In Society, Larry Barnett

Larry D Barnett

The Place of Law addresses two questions that are critical to understanding law. Why is law an evidently universal, enduring institution in modern societies? And why do the concepts and doctrines of law differ between jurisdictions (states or nations) at one point in time and vary within a jurisdiction over time? In this stimulating volume, Barnett suggests answers to these questions, and in doing so, he challenges popular assumptions regarding law in structurally complex, technologically advanced, democratic societies. In particular, Barnett questions the assumption that social behaviors central to such societies are effectively controlled by law and the assumption that …

August 25, 2011: Duquesne University Law School To Probe The Future Of The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “Duquesne University Law School to Probe The Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Cultivating Intelligence: Power, Law, And The Politics Of Teaching, Louise Harmon, Deborah Post

Deborah W. Post

No abstract provided.

August 14, 2011: The Fourth Circuit Gets A Prayer Decision Wrong, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fourth Circuit Gets a Prayer Decision Wrong“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Cultivating Intelligence: Power, Law, And The Politics Of Teaching, Louise Harmon, Deborah Post

Louise Harmon

No abstract provided.

Law, Art, And The Killing Jar, Louise Harmon

Louise Harmon

No abstract provided.

Wider Role For Our Miners In Africa, Lisa E. Sachs, Joel Negin, Glenn Denning

Columbia Center on Sustainable Investment Staff Publications

The Australian government is rapidly increasing aid to Africa. But the real story about the country's engagement in Africa is the massive investment by Australian companies in extractive industries.

More than 150 Australian resource companies are active in more than 40 African countries with a total investment greater than $20 billion, including in coal in Mozambique, copper and uranium in Zambia, gold in Eritrea and uranium in Malawi.

Loi N° 156, Du 13 Juillet 1948, De Protection Du Corps Maternel, Matthieu Forlodou

Matthieu Forlodou

Le document fournit une proposition de traduction en français de la loi japonaise n° 156, du 13 juillet 1948, de protection du corps maternel.

A Criminal Moment In Time, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …

July 20, 2011: This Proposed Constitutional Amendment Shows Contempt For Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “This Proposed Constitutional Amendment Shows Contempt for Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 12, 2011: The Utah Bigamy Law Challenge, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Utah Bigamy Law Challenge“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 5, 2011: Happy Fourth Of July, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Fourth of July“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Apologies In The Healthcare System: From Clinical Medicine To Public Health, Michal Alberstein, Nadav Davidovitch

Law and Contemporary Problems

Alberstein and Davidovitch explore the role of apologies in healthcare systems from a broader perspective. The significance of apology in terms of social solidarity is addressed and the ways in which each apology situation entails a clash between cultural identities are demonstrated. The debate on apology is explored by presenting a public health perspective of apologies following collective traumatic events such as the application of sterilization laws or flawed human experimentations in various settings.

Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy

Law and Contemporary Problems

Abinovich-Einy addresses several constituencies operating at the meeting point of alternative dispute resolution (ADR), communication theory, healthcare policy, and medical-malpractice doctrine. From an ADR perspective, the need for, and barriers to, addressing non-litigable disputes, for which the "alternative" route is the only one, is explored. It is shown that ADR mechanisms may not take root when introduced into an environment that is resistant to collaborative and open discourse without additional incentives and measures being adopted.

June 26, 2011: The Political Irresponsibility Of Douglas Laycock, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Political Irresponsibility of Douglas Laycock“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 15, 2011: Weird Second Circuit Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Weird Second Circuit Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 12, 2011: Graduation Prayer And The Defense Of Secular Government, Bruce Ledewitz

Hallowed Secularism

Blog post, “Graduation Prayer and the Defense of Secular Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Legal Experiences Of Women Survivors Of Domestic Violence: A Need For Policies That Address The Justice Gap, Kimberly Ann Puhala

Graduate Doctoral Dissertations

The problems associated with the civil legal system for women who have experienced domestic violence have been persistent over time and still exist today. The current sociopolitical context in this state frames access to civil legal services either through a means-tested (and underfunded) program (Civil Legal Assistance) or as a privately purchased market service. This leaves a limited amount of low- or no-cost alternatives, which creates a gap in services for those women whose income is too high to qualify for Civil Legal Assistance programs, yet too low to afford to hire a private attorney. This study examines this two-tiered …

La Loi N° 146, Du 6 Décembre 2000, Relative À La Réglementation Du Clonage Et Autres Techniques Touchant À L'Être Humain, Matthieu Forlodou

Matthieu Forlodou

Le document fournit une proposition de traduction en français de la loi japonaise n° 146, du 6 décembre 2000, relative à la réglementation du clonage et autres techniques touchant à l'être humain.

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Samuel J. Levine

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …

It’S Time To Reconsider Graduation Prayer In Public High Schools, Bruce Ledewitz

Ledewitz Papers

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

Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine

Samuel J. Levine

In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …

Looking Beyond The Mercy/Justice Dichotomy: Reflections On The Complementary Roles Of Mercy And Justice In Jewish Law And Tradition, Samuel J. Levine

Samuel J. Levine

In one of his earliest encyclicals, Dives in Misericordia, Pope John Paul II explored the concepts of mercy and kindness, with a focus on notions of divine love and compassion. Building upon these observations, and drawing extensively on the work of Rabbi Joseph Soloveitchik and other scholars of Jewish law and philosophy, Levine considers the complementary roles of justice and mercy in Jewish tradition. Toward that end, Levine places these concepts in a broader perspective, viewing mercy as representative of attributes such as kindness, compassion, love, and peacefulness, while understanding justice in terms of more exacting principles, such as strict …

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Samuel J. Levine

Professor Levine examines the atonement model and its relevance to American law. He outlines and explains the necessary steps by the wrongdoer for atonement: repentance, apology, reparation and penance. The wronged party then has the obligation of reconciliation for the process to be complete. Despite the prominent position it has held for millennia in religious thinking, the atonement model is relatively new to American legal theory. Professor Stephen Garvey's attempt to offer a systematic depiction and analysis of the process of atonement and its possible relevance to American law appears to represent the most extensive effort to date. Any application …

Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine

Samuel J. Levine

Professor Levine addresses the question of whether the practice of law a business or a profession and looks at sources where practitioners might draw inspiration for ethical behaviors. He examines two works: a 1916 book by Julius Henry Cohen - The Law: Business or Profession?; and a tale by Chasidic master Rabbi Nachman of Breslov. Both works tell the story of two sons from two different fathers with different ethical natures that manifest in their different choices of and approaches to their careers. Professor Levine uses these two parables to suggest that a more inclusive question than those posed above: …

Loi N° 104 Du 16 Juillet 1997 Relative Aux Greffes D'Organes, Matthieu Forlodou

Matthieu Forlodou

Le document fournit une proposition de traduction en français de la loi japonaise n° 104, du 16 juillet 1997, relative aux greffes d'organes.

May 8, 2011: Torture Works, Bruce Ledewitz

Hallowed Secularism

Blog post, “Torture Works“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.