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The Dark Side Of Due Process: Part Iii, How To Use Irreverent Double-Talk To Speak Back To Bad Men, Joshua J. Schroeder 2022 SchroederLaw

The Dark Side Of Due Process: Part Iii, How To Use Irreverent Double-Talk To Speak Back To Bad Men, Joshua J. Schroeder

St. Mary's Law Journal

Most American lawyers take for granted that the common law established almost all the ordinary causes of action we know today. As Joseph Story’s Commentaries acknowledged, the common law is the basis of the entire U.S. system of law. Common law struggled with feudal and canon forms and eventually transformed them for the benefit of ordinary people even in the face of the most heinous travesties of the English and American past.

The Witch Judges of Salem, Massachusetts and the Parliament of Saints in England did not prevail through despotic radicalism to demolish the common law through codification ...


Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, Nathaniel Romano 2022 The Catholic University of America, Columbus School of Law

Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, Nathaniel Romano

Catholic University Law Review

Religion and religious voices have long had a role to play in shaping community norms and values and public policy; this role continues in contemporary America. Yet, legitimate questions arise about the extent of this role and its place in a pluralist and democratic state. These questions are particularly pronounced when religion is perceived as partisan, a situation that seems apparent in contemporary America. Hoping to combat this perception, this paper explores the relationship between Catholic Social Teaching and Vulnerability Theory, aiming to show how religious values can inform legal theory across the political spectrum. This paper surveys both Catholic ...


Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey 2022 Fordham University School of Law

Let's Get Real: Weak Artificial Intelligence Has Free Speech Rights, James B. Garvey

Fordham Law Review

The right to free speech is a strongly protected constitutional right under the First Amendment to the U.S. Constitution. In 2010, the U.S. Supreme Court significantly expanded free speech protections for corporations in Citizens United v. FEC. This case prompted the question: could other nonhuman actors also be eligible for free speech protection under the First Amendment? This inquiry is no longer a mere intellectual exercise: sophisticated artificial intelligence (AI) may soon be capable of producing speech. As such, there are novel and complex questions surrounding the application of the First Amendment to AI. Some commentators argue that ...


The Role Of Ethics And Morality In Law: Similarities Anddifferences, Haxhi Xhemajli 2022 Ohio Northern University

The Role Of Ethics And Morality In Law: Similarities Anddifferences, Haxhi Xhemajli

Ohio Northern University Law Review

No abstract provided.


In The Face Of The Robot, David J. Gunkel 2022 Northern Illinois University

In The Face Of The Robot, David J. Gunkel

communication +1

“Robot” designates something that does not quite fit the standard way of organizing beings into the mutually exclusive categories of “person” or “thing.” The figure of the robot interrupts this fundamental organizing schema, resisting efforts at both reification and personification. Consequently, what is seen reflected in the face or faceplate of the robot is the fact that the existing moral and legal ontology—the way that we make sense of and organize our world—is already broken or at least straining against its own limitations. What is needed in response to this robot uprising is a significantly reformulated moral and ...


Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman 2022 University of Pennsylvania Carey Law School

Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman

Faculty Scholarship at Penn Carey Law

Philosophers of criminal punishment disagree about whether infliction of punishment for negligence can be morally justified. One contending view holds that it cannot be because punishment requires culpability and culpability requires, at a minimum, advertence to the facts that make one’s conduct wrongful. Larry Alexander and Kim Ferzan are prominent champions of this position. This essay challenges that view and their arguments for it. Invoking a conceptual distinction between an agent’s being blameworthy for an act and their deserving punishment (or suffering) for that act, it explains that an agent can be blameworthy for negligent conduct, and thus ...


Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love, 2022 Cal Poly Humboldt

Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love

The International Journal of Ecopsychology (IJE)

If you love someone, is it good to believe better of her than epistemic norms allow? The partiality view says that it is: love, on this view, issues norms of belief that clash with epistemic norms. The partiality view is supposedly supported by an analogy between beliefs and actions, by the phenomenology of love, and by the idea that love commits us to the loved one’s good character. I argue that the partiality view is false, and defend what I call the epistemic view. On the epistemic view, love also issues norms of belief. But these say simply (and ...


The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram 2022 Loyola University Chicago

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal ...


Sacrificing The Public's Health: Conspiracies And Trust In The Scientific Enterprise, Katherine Drabiak 2022 University of St. Thomas, Minnesota

Sacrificing The Public's Health: Conspiracies And Trust In The Scientific Enterprise, Katherine Drabiak

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


An International Law Perspective On Political Informational Warfare: The Challenges Of Combating The Weaponized Use Of Conspiracy Theories And Disinformation To Undermined Democracy, Kimberly Breedon 2022 University of St. Thomas, Minnesota

An International Law Perspective On Political Informational Warfare: The Challenges Of Combating The Weaponized Use Of Conspiracy Theories And Disinformation To Undermined Democracy, Kimberly Breedon

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Psychology Of Conspiracy Theories, Daniel Jolley 2022 University of St. Thomas, Minnesota

The Psychology Of Conspiracy Theories, Daniel Jolley

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Gödel Conspiracy, F.E. Guerra-Pujol 2022 University of St. Thomas, Minnesota

The Gödel Conspiracy, F.E. Guerra-Pujol

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Donald Trump And The End Times: How Dispensational Premillennialism Connects Christians With The Big Election Lie, David W. Opderbeck 2022 University of St. Thomas, Minnesota

Donald Trump And The End Times: How Dispensational Premillennialism Connects Christians With The Big Election Lie, David W. Opderbeck

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Un-Reality Of Democratic Order: An Alternative, Nick Sciullo 2022 University of St. Thomas, Minnesota

The Un-Reality Of Democratic Order: An Alternative, Nick Sciullo

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracy Theories And The U.S. President's Exercise Of Free Speech On Social Media: Constitutional Issues And Challenges, Cynthia Boyer 2022 University of St. Thomas, Minnesota

Conspiracy Theories And The U.S. President's Exercise Of Free Speech On Social Media: Constitutional Issues And Challenges, Cynthia Boyer

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Capital Offense: Is Donald Trump Guilty Of Inciting A Riot At The Capital?, Michael Conklin 2022 University of St. Thomas, Minnesota

Capital Offense: Is Donald Trump Guilty Of Inciting A Riot At The Capital?, Michael Conklin

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracy In The New Republic: Peter Porcupine And The Lessons From Revolutionary France, Patrick Callaway 2022 University of St. Thomas, Minnesota

Conspiracy In The New Republic: Peter Porcupine And The Lessons From Revolutionary France, Patrick Callaway

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


"Purifying Politics": Illinois Know Nothings An The Perplexities Of The Paranoid Style, Ian Iverson 2022 University of St. Thomas, Minnesota

"Purifying Politics": Illinois Know Nothings An The Perplexities Of The Paranoid Style, Ian Iverson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Conspiracies And American Democracy: What's Old? What's New? And What's Dangerous?, James Morone 2022 University of St. Thomas, Minnesota

Conspiracies And American Democracy: What's Old? What's New? And What's Dangerous?, James Morone

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Alternate Realities: Conspiracy Theory And The Constitutional And Democratic Order, Dr. Charles J. Reid, Jr. 2022 University of St. Thomas, Minnesota

Alternate Realities: Conspiracy Theory And The Constitutional And Democratic Order, Dr. Charles J. Reid, Jr.

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


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