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Articles 1 - 12 of 12
Full-Text Articles in Law
Invisible Foundations: Science, Democracy, And Faith Among The Pragmatists, Patrick J. Deneen
Invisible Foundations: Science, Democracy, And Faith Among The Pragmatists, Patrick J. Deneen
Pragmatism, Law and Governmentality
Today science is almost universally regarded as an ally of democracy. Religion - once viewed by Tocqueville as the great support of democratic mores, in contrast to the materialism of then-contemporary atheists who threatened to undermine democratic commitments - is now viewed by many as antithetical to the openness and provisionality that marks both science and democracy. As framed by the neo-pragmatist Richard Rorty, religion is a "conversation-stopper," the very definition of anti-democratic, anti-scientific anti-pragmatism.
Whereas a pragmatic form of faith, notably "democratic faith," secures belief in an ever improving future, the "politics of skepticism" is reinforced by the initial …
Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt
Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Corporate Advertising's Democracy, Bruce Ledewitz
Corporate Advertising's Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Promise Of Democracy, Bruce Ledewitz
The Promise Of Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes
Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes
All Faculty Scholarship
Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how the …
A Reply--The Missing Portion, Pierre Schlag
Judicial Selection As War, Michael J. Gerhardt
Judicial Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Symposium Introduction: Perspectives On Dispute Resolution In The Twenty-First Century, Jeffrey W. Stempel
Symposium Introduction: Perspectives On Dispute Resolution In The Twenty-First Century, Jeffrey W. Stempel
Scholarly Works
No abstract provided.
First Nations And States: Contesting Polities, David E. Wilkins
First Nations And States: Contesting Polities, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The U.S. Supreme Court in an historic case in 1886, U.S. v. Kagama, which devastated tribal sovereignty by affirming the legality of the 1885 Major Crimes Act that problematically extended federal criminal jurisdiction over "all" Indians for seven major crimes—murder, manslaughter, rape, etc., (today that number has increased to 14 crimes)—more accurately declared in that same case that state governments could be characterized as the "deadliest enemies" of indigenous nations.
Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams
Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams
Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
Law Faculty Scholarly Articles
Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …