December 1, 2018: "I Retired",
2018
Duquesne University
December 1, 2018: "I Retired", Bruce Ledewitz
Hallowed Secularism
Blog post, "I Retired“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis,
2018
Brooklyn Law School
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Brooklyn Journal of International Law
For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …
November 24, 2018: Letter About Kornacki's Book,
2018
Duquesne University
November 24, 2018: Letter About Kornacki's Book, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Letter about Kornacki's book“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2018: Thanksgiving 2018,
2018
Duquesne University
November 23, 2018: Thanksgiving 2018, Bruce Ledewitz
Hallowed Secularism
Blog post, “Thanksgiving 2018“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2018: Is The New York Times Right About China?,
2018
Duquesne University
November 21, 2018: Is The New York Times Right About China?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is the New York Times Right About China?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 17, 2018: The Matthew Whitaker Appointment,
2018
Duquesne University
November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Matthew Whitaker Appointment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 9, 2018: The Electoral College,
2018
Duquesne University
November 9, 2018: The Electoral College, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 4, 2018: The God Construct,
2018
Duquesne University
November 4, 2018: The God Construct, Bruce Ledewitz
Hallowed Secularism
Blog post, “The God Construct“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 3, 2018: A Society Without A Soul,
2018
Duquesne University
November 3, 2018: A Society Without A Soul, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Society Without a Soul“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Global Investment Rules As A Site For Moral Inquiry,
2018
University of Michigan Law School
Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner
Articles
The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …
October 30, 2018: Executing Robert Bowers,
2018
Duquesne University
October 30, 2018: Executing Robert Bowers, Bruce Ledewitz
Hallowed Secularism
Blog post, “Executing Robert Bowers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 28, 2018: The Shootings In Pittsburgh,
2018
Duquesne University
October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Shootings in Pittsburgh“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Invisible Adjudication In The U.S. Courts Of Appeals,
2018
Texas A&M University School of Law
Invisible Adjudication In The U.S. Courts Of Appeals, Michael Kagan, Rebecca Gill, Fatma Marouf
Fatma Marouf
Non-precedent decisions are the norm in federal appellate courts, and are seen by judges as a practical necessity given the size of their dockets. Yet the system has always been plagued by doubts. If only some decisions are designated to be precedents, questions arise about whether courts might be acting arbitrarily in other cases. Such doubts have been overcome in part because nominally unpublished decisions are available through standard legal research databases. This creates the appearance of transparency, mitigating concerns that courts may be acting arbitrarily. But what if this appearance is an illusion? This Article reports empirical data drawn …
October 23, 2018: "Because He Doesn’T Exist",
2018
Duquesne University
October 23, 2018: "Because He Doesn’T Exist", Bruce Ledewitz
Hallowed Secularism
Blog post, "Because He doesn’t exist" discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 20, 2018: Absurdities Of Anti-Religious Bias,
2018
Duquesne University
October 20, 2018: Absurdities Of Anti-Religious Bias, Bruce Ledewitz
Hallowed Secularism
Blog post, “Absurdities of Anti-Religious Bias“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 18, 2018: Rhodri Lewis Responds,
2018
Duquesne University
October 18, 2018: Rhodri Lewis Responds, Bruce Ledewitz
Hallowed Secularism
Blog post, “Rhodri Lewis Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 16, 2018: Pittsburgh Foundation Grant,
2018
Duquesne University
October 16, 2018: Pittsburgh Foundation Grant, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pittsburgh Foundation Grant“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada,
2018
Western University
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Master of Laws Research Papers Repository
Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that solitary …
October 12, 2018: So, Shakespeare Is Now A Nihilist,
2018
Duquesne University
October 12, 2018: So, Shakespeare Is Now A Nihilist, Bruce Ledewitz
Hallowed Secularism
Blog post, “So, Shakespeare Is Now a Nihilist“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law,
2018
Seattle University School of Law
"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, Stephen M. Maurer
Seattle University Law Review
Scientists have long recognized two distinct forms of human thought. “Type 1” reasoning is unconscious, intuitive, and specializes in finding complex patterns. It is typically associated with the aesthetic emotion that John Keats called “beauty.” “Type 2” reasoning is conscious, articulable, and deductive. Scholars usually assume that legal reasoning is entirely Type 2. However, critics from Holmes to Posner have protested that unconscious and intuitive judgments are at least comparably important. This Article takes the conjecture seriously by asking what science can add to our understanding of how lawyers and judges interpret legal texts. The analysis is overdue. Humanities scholars …
