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Articles 1 - 10 of 10
Full-Text Articles in Law
Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz
Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Imperfect Death Penalty Not Acceptable, Bruce Ledewitz
Imperfect Death Penalty Not Acceptable, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
An Ethical Argument To Restrict Domestic Partnerships To Same-Sex Couples, James M. Donovan
An Ethical Argument To Restrict Domestic Partnerships To Same-Sex Couples, James M. Donovan
James M. Donovan
For purposes of this Essay, the preservation of marriage in its present superior status, albeit not necessarily in its present form, constitutes a good. Further, it is a very high good within the hierarchy of values. Within the arena of domestic relations, in fact, there is no higher good. Marriage is the ground from which all other relations in an ordered society spring.
Extremists aside, gays and lesbians desire the right to marry because we value the institution, and we will herein take this state of affairs to be "good." That cannot be overstated. We like marriage, we appreciate what …
An Ethical Argument To Restrict Domestic Partnerships To Same-Sex Couples, James M. Donovan
An Ethical Argument To Restrict Domestic Partnerships To Same-Sex Couples, James M. Donovan
Law Faculty Scholarly Articles
For purposes of this Essay, the preservation of marriage in its present superior status, albeit not necessarily in its present form, constitutes a good. Further, it is a very high good within the hierarchy of values. Within the arena of domestic relations, in fact, there is no higher good. Marriage is the ground from which all other relations in an ordered society spring.
Extremists aside, gays and lesbians desire the right to marry because we value the institution, and we will herein take this state of affairs to be "good." That cannot be overstated. We like marriage, we appreciate what …
Constitutionalizing Kwik-E-Mart, Bruce Ledewitz
Constitutionalizing Kwik-E-Mart, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz
Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief
On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief
Faculty Scholarship
It was made clear long ago that property and value are different things. Value exists. It is a fact. It can arise from law, and much of law aims at creating more value in the world. But value can also arise in spite of law (consider, for example, the fortunes that bootleggers made during the Roaring Twenties), or in law's interstices. When a particular value arises despite a lack of explicit legal protection, its possessors often ask courts or legislatures to give them a legal entitlement to preserve and further exploit that value. Typically the holders demand (1) a liberty …
Introduction, David G. Carlson
Hart's Methodological Positivism, Stephen R. Perry
Hart's Methodological Positivism, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
The Religious Lawyer In A Pluralist Society, Howard Lesnick
The Religious Lawyer In A Pluralist Society, Howard Lesnick
All Faculty Scholarship
No abstract provided.