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Articles 1 - 14 of 14
Full-Text Articles in Law
The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis
The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki
Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki
Faculty Publications & Other Works
Policymakers frequently use arational appeals – such as those relying on emotion, cognitive biases, and subliminal messaging – to persuade citizens to adopt behaviors that support public goals. However, these communication tactics have been widely criticized for relying on arational triggers, rather than reasoned argument. This Article develops a fuller account of the non-consequentialist objections to arational persuasion by state actors, as well as the arguments in favor of such tactics, that have been presented by scholars of rhetoric, political theory, and cognitive science. The Article concludes by proposing ethically justifiable limitations on state communications that should be compelling to …
The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis
The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis
Faculty Publications & Other Works
This Article argues that the Reconstruction Amendments incorporated the human dignity values of the Declaration of Independence. The original Constitution contained clauses, which protected the institution of slavery, that were irreconcilable with the normative commitments the nation had undertaken at independence. The Thirteenth, Fourteenth, and Fifteenth Amendments set the country aright by formally incorporating the Declaration of Independence's principles for representative governance into the Constitution.
The Declaration of Independence provides valuable insights into matters of human dignity, privacy, and self-government. Its statements about human rights, equality, and popular sovereignty establish a foundational rule of interpretation. While the Supreme Court has …
Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan
Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan
Faculty Publications & Other Works
No abstract provided.
Magna Charta: The Charter Of The Forest, And The Prerogatives Of Kings, Allen E. Shoenberger
Magna Charta: The Charter Of The Forest, And The Prerogatives Of Kings, Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.
The Golden Age That Never Was: Catholic Law Schools From 1930-1960 And The Question Of Identity, John M. Breen
The Golden Age That Never Was: Catholic Law Schools From 1930-1960 And The Question Of Identity, John M. Breen
Faculty Publications & Other Works
No abstract provided.
"There Must Be A Means" - The Backward Jurisprudence Of Baze V. Rees, Nadia N. Sawicki
"There Must Be A Means" - The Backward Jurisprudence Of Baze V. Rees, Nadia N. Sawicki
Faculty Publications & Other Works
No abstract provided.
Modesty And Moralism: Justice, Prudence, And Abortion: A Reply To Skeel & Stuntz, John M. Breen
Modesty And Moralism: Justice, Prudence, And Abortion: A Reply To Skeel & Stuntz, John M. Breen
Faculty Publications & Other Works
No abstract provided.
John Paul Ii, The Structures Of Sin And The Limits Of The Law., John M. Breen
John Paul Ii, The Structures Of Sin And The Limits Of The Law., John M. Breen
Faculty Publications & Other Works
No abstract provided.
The Catholic Lawyer: “Faith” In Three Parts., John M. Breen
The Catholic Lawyer: “Faith” In Three Parts., John M. Breen
Faculty Publications & Other Works
No abstract provided.
Justice, The Liberal Arts, And Some Basic Training For Lawyers, George Anastaplo
Justice, The Liberal Arts, And Some Basic Training For Lawyers, George Anastaplo
Faculty Publications & Other Works
No abstract provided.
Law, Judges And The Principles Of Regimes: Explorations, George Anastaplo
Law, Judges And The Principles Of Regimes: Explorations, George Anastaplo
Faculty Publications & Other Works
No abstract provided.
Baccauaureate Mass Reflection: The Catholic Lawyer: Justice And The Incarnation, John M. Breen
Baccauaureate Mass Reflection: The Catholic Lawyer: Justice And The Incarnation, John M. Breen
Faculty Publications & Other Works
No abstract provided.
What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses
What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses
Faculty Publications & Other Works
No abstract provided.