Law and Philosophy Commons^™

12/29/2016: Doing The Right Thing/Doing The Wrong Thing, Bruce Ledewitz

Hallowed Secularism

Blog post, “Doing the Right Thing/Doing the Wrong Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

12/25/2016: Christmas, 2016—Secular Hope, Bruce Ledewitz

Hallowed Secularism

Blog post, “Christmas, 2016—Secular Hope“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 20, 2016: Faithless Calls For Faithless Electors, Bruce Ledewitz

Hallowed Secularism

Blog post, “Faithless Calls for Faithless Electors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 17, 2016: I Don't Understand Charles Krauthammer, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Don't Understand Charles Krauthammer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 16, 2016: The Fed And The President Elect, Bruce Ledewitz

Hallowed Secularism

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

December 10, 2016: The Businessman’S Economy, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Businessman’s Economy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 7, 2016: Mark Lilla Discovers The Necessity Of Truth, Bruce Ledewitz

Hallowed Secularism

Blog post, “Mark Lilla Discovers the Necessity of Truth“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Structural Etiology Of The U.S. Constitution, Charles Lincoln

Journal of Legislation

This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.

First, the article establishes Plato’s theory of the three-part Platonic soul …

December 4, 2016: The Supreme Court And Politics, Bruce Ledewitz

Hallowed Secularism

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

A Structural Etiology Of The U.S. Constitution, Charles Edward Andrew Lincoln Iv

Student Scholarship

This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.

First, the article establishes Plato’s theory of the three-part Platonic soul as a major …

Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge, Josiah M. Daniel Iii

St. Mary's Journal on Legal Malpractice & Ethics

After hearing for the first time the lawyer-disparaging phrase, “licensed liar,” the author investigated its significance. This article presents the question of those two words’ meaning and explains how the author reached the conclusion that, as applied to attorneys, the phrase is an unmerited epithet. The phrase is known and utilized in nonlegal texts in fields such as fiction, poetry, literary criticism, and journalism, but the two words are absent from legal texts. The author’s discovery of the phrase in various criticisms of lawyers in other publications illuminates and confirms that the phrase constitutes the pejorative allegation that an attorney …

Pluralizing The "Sharing" Economy, Erez Aloni

Washington Law Review

The so-called “sharing” economy presents one of the most important and controversial regulatory dilemmas of our time—yet, surprisingly, it remains undertheorized. This Article supplies needed analysis. Specifically, the Article offers a regulatory model that distinguishes between two separate kinds of transactions: conventional economic transactions and those that rely on temporary access to goods and services that would otherwise go underutilized (what I call “access-to-excess” transactions). The regulatory regime that this Article proposes would distinguish between true access-to-excess transactions and conventional transactions. The model is rooted in a version of pluralist theory that posits that the state is responsible for cultivating …

The Question Concerning Technology In Compliance, Sean J. Griffith

Brooklyn Journal of Corporate, Financial & Commercial Law

In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.

Pluralizing The "Sharing" Economy, Erez Aloni

Washington Law Review

The so-called “sharing” economy presents one of the most important and controversial regulatory dilemmas of our time—yet, surprisingly, it remains undertheorized. This Article supplies needed analysis. Specifically, the Article offers a regulatory model that distinguishes between two separate kinds of transactions: conventional economic transactions and those that rely on temporary access to goods and services that would otherwise go underutilized (what I call “access-to-excess” transactions). The regulatory regime that this Article proposes would distinguish between true access-to-excess transactions and conventional transactions. The model is rooted in a version of pluralist theory that posits that the state is responsible for cultivating …

Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen

All Faculty Scholarship

Big Data is the vast quantities of information amenable to large-scale collection, storage, and analysis. Using such data, companies and researchers can deploy complex algorithms and artificial intelligence technologies to reveal otherwise unascertained patterns, links, behaviors, trends, identities, and practical knowledge. The information that comprises Big Data arises from government and business practices, consumer transactions, and the digital applications sometimes referred to as the “Internet of Things.” Individuals invisibly contribute to Big Data whenever they live digital lifestyles or otherwise participate in the digital economy, such as when they shop with a credit card, get treated at a hospital, apply …

November 30, 2016: More Paranoia: "Millions" Of Illegal Voters, Bruce Ledewitz

Hallowed Secularism

Blog post, “More Paranoia: "millions" of illegal voters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 27, 2016: Perfect Paranoia—-Jill Stein’S Recount, Bruce Ledewitz

Hallowed Secularism

Blog post, “Perfect Paranoia—-Jill Stein’s Recount“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 19, 2016: The Hypocrisy Of The Congressional Republican Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hypocrisy of the Congressional Republican Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 16, 2016: The End Of The Spritual Thirst For Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of the Spritual Thirst for Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 13, 2016: It Was Jobs, Heroin And Disconnection—Not Racism, Bruce Ledewitz

Hallowed Secularism

Blog post, “It Was Jobs, Heroin and Disconnection—Not Racism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 10, 2016: Don’T Forget That The Game Is Still Rigged, Bruce Ledewitz

Hallowed Secularism

Blog post, “Don’t Forget that the Game is Still Rigged“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 6, 2016: “Nobody Believes The Numbers Anyway", Bruce Ledewitz

Hallowed Secularism

Blog post, “Nobody Believes the Numbers Anyway“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 2, 2016: What Comey Did, Bruce Ledewitz

Hallowed Secularism

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

October 27, 2016: Republicans About To Practice Supreme Court Shutdown, Bruce Ledewitz

Hallowed Secularism

Blog post, “Republicans About to Practice Supreme Court Shutdown“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 20, 2016: Why Tolerate Religion, Bruce Ledewitz

Hallowed Secularism

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

October 15, 2016: So, Hallowed Secularism Is Getting Somewhere, Bruce Ledewitz

Hallowed Secularism

Blog post, “So, Hallowed Secularism is Getting Somewhere“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Morality In Legal Practice, Rev. William F. Cahill

The Catholic Lawyer

No abstract provided.

Civil Disobedience And Natural Law, Mark R. Macguigan

The Catholic Lawyer

No abstract provided.

October 10, 2016: No, Trump Was Not Advocating Sexual Assault, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, Trump Was Not Advocating Sexual Assault“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 8, 2016: Nihilism Looks Like This, Bruce Ledewitz

Hallowed Secularism

Blog post, “Nihilism Looks Like This“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.