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Articles 61 - 90 of 2625
Full-Text Articles in Law
The Midterms Were Good News For Dems, But Even Better News For The Country, Bruce Ledewitz
The Midterms Were Good News For Dems, But Even Better News For The Country, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
A Relational Approach To Property, Jennifer Nedelsky
A Relational Approach To Property, Jennifer Nedelsky
Articles & Book Chapters
No abstract provided.
A Law Professors’ Symposium Asks: Should We Control The U.S. Supreme Court?, Bruce Ledewitz
A Law Professors’ Symposium Asks: Should We Control The U.S. Supreme Court?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
There’S A Secular Need For The High Holy Days. This Is Why, Bruce Ledewitz
There’S A Secular Need For The High Holy Days. This Is Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Trump Isn’T Going To Jail. And That’S Good News For Democrats, Bruce Ledewitz
Trump Isn’T Going To Jail. And That’S Good News For Democrats, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Nation’S Debt Limit Serves No Purpose. It Should Be Eliminated, Bruce Ledewitz
The Nation’S Debt Limit Serves No Purpose. It Should Be Eliminated, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Only You Can Prevent Amendment Abuse, Bruce Ledewitz
Only You Can Prevent Amendment Abuse, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
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 rights; as …
Few Lessons For Pa. From Kansas Abortion Vote. Gop Still Should Beware, Bruce Ledewitz
Few Lessons For Pa. From Kansas Abortion Vote. Gop Still Should Beware, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
This Is The Right Moment For The Democrats To Run A Fiscal Hawk, Bruce Ledewitz
This Is The Right Moment For The Democrats To Run A Fiscal Hawk, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Dobbs Is Not A Religion Case, Bruce Ledewitz
Dobbs Is Not A Religion Case, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Supreme Court’S Abortion, Epa Rulings Could Open The Door To More Democracy, Bruce Ledewitz
The Supreme Court’S Abortion, Epa Rulings Could Open The Door To More Democracy, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Does The End Of Roe Mean The End Of The Anti-Abortion Movement?, Bruce Ledewitz
Does The End Of Roe Mean The End Of The Anti-Abortion Movement?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Tax Cuts Cause Inflation, Too. We Need To Resist Quick Fixes, Bruce Ledewitz
Tax Cuts Cause Inflation, Too. We Need To Resist Quick Fixes, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Here’S A Path To Practical, Immediate Gun Reform, Bruce Ledewitz
Here’S A Path To Practical, Immediate Gun Reform, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Future Of Secularism, Bruce Ledewitz
The Future Of Secularism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Debating When Clarence Thomas Should Recuse Himself Is The Wrong Argument, Bruce Ledewitz
Debating When Clarence Thomas Should Recuse Himself Is The Wrong Argument, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Universalizing Fraud, Parmida Enkeshafi
Universalizing Fraud, Parmida Enkeshafi
Duke Journal of Constitutional Law & Public Policy Sidebar
The criminal trial of Elizabeth Holmes has reanimated public interest in fraud. Holmes, once a Silicon Valley prodigy, was charged with two counts of conspiracy to commit wire fraud and eleven counts of wire fraud. A jury found Holmes guilty on four counts, potentially subjecting her to 80 years in prison. This Note uses the example of Elizabeth Holmes's case to examine more broadly the role of morality in fraud and argues for a new framework by which to articulate and prosecute fraud.
Criminal jurisprudence has struggled to construct a satisfactory definition of "white-collar crime" since sociologist Edwin H. Sutherland …
Technology - Revealing Or Framing The Truth? A Jurisprudential Debate, Dana Neacsu
Technology - Revealing Or Framing The Truth? A Jurisprudential Debate, Dana Neacsu
Law Faculty Publications
Technology is so much more than a prosthetic. But how much more? And what else is it? In the legal realm, its role is not yet clear. Such a lack of elucidation becomes problematic, especially when technology has the ability to convert assumptions into facts, and it takes on a truth-making, rather than a mere truth-revealing mission. This Article argues that it is problematic to enable technology to stand in for reflective thinking, and calls attention to the fact that evidentiary rules enable technology to decide what can be proven, ergo what truth is. Technology is a fork in the …
Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …
A Leak? The Supreme Court Tipped Its Hand On Abortion Long Ago, Bruce Ledewitz
A Leak? The Supreme Court Tipped Its Hand On Abortion Long Ago, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
How A Shuttered Bathroom At A Pgh Grocery Store Explains Structural Racism, Bruce Ledewitz
How A Shuttered Bathroom At A Pgh Grocery Store Explains Structural Racism, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Toomey’S Vote Against Ketanji Brown Jackson Set A Dangerous Precedent. Here's Why, Bruce Ledewitz
Toomey’S Vote Against Ketanji Brown Jackson Set A Dangerous Precedent. Here's Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Bargaining For Abolition, Zohra Ahmed
Bargaining For Abolition, Zohra Ahmed
Faculty Scholarship
What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.1 Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.2 The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …
There Are Limits To The American Renaissance Over Ukraine, Bruce Ledewitz
There Are Limits To The American Renaissance Over Ukraine, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Ukrainians Are Fighting And Dying To Defend Their Homes. Could I Do The Same?, Bruce Ledewitz
Ukrainians Are Fighting And Dying To Defend Their Homes. Could I Do The Same?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
What Does The Jan. 6 Committee Hope To Learn From Sen. Doug Mastriano?, Bruce Ledewitz
What Does The Jan. 6 Committee Hope To Learn From Sen. Doug Mastriano?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Why Aim Law Toward Human Survival, John William Draper
Why Aim Law Toward Human Survival, John William Draper
Librarian Scholarship at Penn Law
Our legal system is contributing to humanity’s demise by failing to take account of our species’ situation. For example, in some cases law works against life and supports interests such as liberty or profit maximization.
If we do not act, science tells us that humanity bears a significant (and growing) risk of catastrophic failure. The significant risk inherent in the status quo is unacceptable and requires a response. We must act. It is getting hotter. When we decide to act, we need to make the right choice.
There is no better choice. You and all your relatives have rights. The …
Why Do Pa. Courts Have A Say On Mail-In Voting? They Probably Shouldn't, Bruce Ledewitz
Why Do Pa. Courts Have A Say On Mail-In Voting? They Probably Shouldn't, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
How The U.S. Supreme Court Is Inviting The Senate To Scrap The Filibuster, Bruce Ledewitz
How The U.S. Supreme Court Is Inviting The Senate To Scrap The Filibuster, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.