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Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen 2020 The Catholic University of America, Columbus School of Law

Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen

Catholic University Law Review

The leading edge of legal scholarship and practice in recent decades has evinced a commitment to progressive politics at the expense of constitutional governance, the rule of law, and justice understood as vindication of the reasonable expectations of both the public and the parties to any given case or controversy. This article argues that renewed understanding of the virtue of humility, rooted in a genuine concern to do good according to one’s abilities, rights, and duties, is essential to the maintenance of decency in the legal profession and society as a whole. Such virtue is allowed, if not required ...


The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman 2020 William & Mary Law School

The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman

William & Mary Bill of Rights Journal

The fusion of equal protection and due process has attracted significant attention with scholars offering varied accounts of its purpose and function. Some see the combination as productive, creating a constitutional violation that neither clause would generate alone. Others see the combination as merely strategic, offered to make a claim acceptable at a particular historical moment but not genuinely necessary. This Article offers a third alternative. Judges have and should bring both equal protection and due process together to learn what each clause independently requires. On this Epistemic vision of constitutional fusion, a focus on equality helps judges learn what ...


Equality's Understudies, Aziz Z. Huq 2020 University of Chicago Law School

Equality's Understudies, Aziz Z. Huq

Michigan Law Review

Review of Robert L. Tsai's Practical Equality: Forging Justice in a Divided Nation.


Lying And Cheating, Or Self-Help And Civil Disobedience?, Aditi Bagchi 2020 Brooklyn Law School

Lying And Cheating, Or Self-Help And Civil Disobedience?, Aditi Bagchi

Brooklyn Law Review

May poor sellers lie to rich buyers? This article argues that, under limited circumstances, sellers may indeed have a license to lie about their goods. Where sellers are losers under unjust background institutions and they reasonably believe that buyers have more than they would under just institutions, lies that result in de minimum transfers can be regarded as a kind of self-help. More generally, what we owe each other in our interpersonal interactions depends on the institutional backdrop. Consumer contract law, including its enforcement regimes, should recognize the social and political contingency of sellers’ obligations to buyers. In other contexts ...


The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee 2020 Campbell University School of Law

The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee

St. Mary's Law Journal

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would ...


Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint 2020 University of the District of Columbia David A. Clarke School of Law

Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint

University of Michigan Journal of Law Reform

Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED, focused on the removal of structural barriers to social and economic mobility that prevent human flourishing. More recently, scholars and policymakers have turned to a third model from the impact investing community—the social impact bond, or SIB. The SIB model of CED ostensibly finds a middle ground by leveraging ...


The City And The Soul: Character And Thriving In Law And Politics, Sherman J. Clark 2020 University of Michigan Law School

The City And The Soul: Character And Thriving In Law And Politics, Sherman J. Clark

University of Michigan Journal of Law Reform

This Article describes a way of thinking about law and politics that is ancient in origins but largely absent from modern legal scholarship. It poses a two-part question: how do our law and politics influence our character, and how does that in turn influence how well and fully we live?

Much legal scholarship asks how law can be more efficient and effective in making us richer, healthier, safer, and such. This is good: wealth, health, and safety are—or can be—good things. But material conditions are not the only things that make for a rich and full life. What ...


Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang 2020 St. Mary's University School of Law

Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang

St. Mary's Law Journal

As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial opinion ...


Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk 2020 Northwestern Pritzker School of Law

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records ...


Abraham Lincoln And The Cardinal Virtue Of Practical Reason, Brett G. Scharffs 2020 Pepperdine University

Abraham Lincoln And The Cardinal Virtue Of Practical Reason, Brett G. Scharffs

Pepperdine Law Review

Practical wisdom is an elusive concept. This Article focuses on a case in which Abraham Lincoln, prior to his election as President, participated (or more accurately did not participate) to frame a discussion of what practical wisdom means and how it makes a difference for lawyers.


A Truce In The Criminal Law Distributive Principle Wars?, Paul H. Robinson 2020 University of Pennsylvania Law School

A Truce In The Criminal Law Distributive Principle Wars?, Paul H. Robinson

Faculty Scholarship at Penn Law

Crime-control utilitarians and retributivist philosophers have long been at war over the appropriate distributive principle for criminal liability and punishment, with little apparent possibility of reconciliation between the two. In the utilitarians’ view, the imposition of punishment can be justified only by the practical benefit that it provides: avoiding future crime. In the retributivists’ view, doing justice for past wrongs is a value in itself that requires no further justification. The competing approaches simply use different currencies: fighting future crime versus doing justice for past wrongs.

It is argued here that the two are in fact reconcilable, in a fashion ...


The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence 2020 William & Mary Law School

The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence

William & Mary Journal of Race, Gender, and Social Justice

While neuroscience continues to make it clearer that mental processes, effects, disorders, and states can be described through physical observation, the metaphysical notion of mind-body dualism still pervades the U.S. legal system. In this Article, I discuss many areas where mind-body dualism holds fast, and others where mind-body dualism has already been explicitly or impliedly rejected. I argue that in most areas, the dualist distinction would have little to no impact on the values the law already describes. However, I argue that rejecting dualism would have an impact on fundamental rights analyses. First Amendment free speech rights, fundamental rights ...


Mercy Otis Warren: Republican Scribe And Defender Of Liberties, Mary Kathryn Mueller 2020 Liberty University

Mercy Otis Warren: Republican Scribe And Defender Of Liberties, Mary Kathryn Mueller

Bound Away: The Liberty Journal of History

An active proponent of republican government, Mercy Otis Warren had a significant role in the revolutionary period. She was a woman who was close to the action, well-acquainted with the central figures, and instrumental in bringing about the monumental changes in America in the late 1700s. Referred to as the “muse of the revolution,”[1] Mercy Otis Warren used her pen to significantly broaden the colonial understanding of a republican form of government and passionately promote it. From a collection of early poems and political satires written in the years preceding the war to her epic history of the revolution ...


Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe II 2020 United States Marine Corps

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming


Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater 2020 Washington University in St. Louis

Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater

Washington University Jurisprudence Review

In hopes of providing some possible further insight into the nature of law in all contexts, this Article contributes another layer to the discussion respecting an evolutionary ontology of law. It advances a preliminary sketch of the possible genesis of norms as a countermovement to human cognition, with law, as a type of norms thereby integrally interwoven into humanity itself. With this understanding of its origins, law, whether considered from the positive law, natural law or systems theory perspective, may be understood more clearly and its applications perhaps anticipated. This Article analyzes whether this proposed countermovement theory might provide common ...


Disabling Solitary: An Anti-Carceral Critique Of Canada's Solitary Confinement Litigation, Sheila Wildeman 2020 Dalhousie University Schulich School of Law

Disabling Solitary: An Anti-Carceral Critique Of Canada's Solitary Confinement Litigation, Sheila Wildeman

Research Papers, Working Papers, Conference Papers

The title of this chapter signifies at least three things. The first is the disabling effects of solitary confinement. The second is recent efforts of prison justice advocates in Canada to use law, or specifically litigation, to disable the logic of solitary confinement: to disrupt that logic through the logic of human rights. The third, most oblique reference, and one I develop here, speaks to dangers presented by the path Canada’s solitary confinement litigation has taken: a path of isolating disability-based prison justice claims from the wider ambitions of intersectional substantive equality. My thesis is that this isolation of ...


Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao 2020 The Chinese University Hong Kong

Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao

Northwestern Journal of Law & Social Policy

On the basis of fifty-four elite interviews[1] with legislators, judges, attorneys, and civil society advocates as well as a state-by-state data survey, this Article examines the complex linkage between the two major penal trends in American society during the past decades: a declining use of capital punishment across the United States and a growing population of prisoners serving “life without the possibility of parole” or “LWOP” sentences. The main contribution of the research is threefold. First, the research proposes to redefine the boundary between life and death in relation to penal discourses regarding the death penalty and LWOP. LWOP ...


Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?, 2020 Northwestern Pritzker School of Law

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.


Promise, Agreement, Contract, Gregory Klass 2020 Georgetown University Law Center

Promise, Agreement, Contract, Gregory Klass

Georgetown Law Faculty Publications and Other Works

It is natural to wonder about contract law’s relationship to the morality of promises and agreements. This Chapter distinguishes two ways to conceive of that relationship. First, parties’ agreement-based moral obligations might figure into the explanation of contract law—into an account of its functions or justifications. Contract law might serve to enforce parties’ first-order performance obligations, to enforce second-order remedial obligations, to support the culture of making and keeping agreements more generally, or at least to do no harm to that culture or to people’s ability to act morally. Second, contract can be understood as the legal ...


Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva 2019 INTERNATIONAL ISLAMIC ACADEMY OF UZBEKISTAN

Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva

The Light of Islam

The article considers the problems of the spiritual and moral environment of society as a socio-historical phenomenon, the features of its development in a civil society and the laws of its development. The main attention is paid to ethical principles and means, ways to meet the needs of the individual, the importance of moral ideal, as well as objective conditions and subjective factors of the spiritual and moral environment.

In order to comprehensively improve the spiritual and moral climate in society, a philosophical approach to the question of the beliefs and beliefs of the individual was made in order to ...


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