Law Commons^™

It's Not Just Larsen, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Pope's Submarine, John H. Garvey

San Diego Law Review

This Article looks at the conflict between religious authority and liberal politics from a point of view within the Catholic Church. It examines the grounds of the teaching authority asserted by the Church, the scope and strength of that authority, and the possibility that obedience to authority will create dilemmas for religiously committed public officials. For purposes of illustration it uses New York Governor Mario Cuomo's religious and political observations on the subject of abortion.

The Many Meanings Of "Wherefore" In Legal History, Louis E. Wolcher

Washington Law Review

This essay describes the strategies that sometimes allow me to make sense of the answers that people give to the question Why? when it comes up in scholarly accounts of legal outcomes from the past. The essay is constructive, not deconstructive; programmatic, not polemical. I mean to sketch and recommend a way of thinking about legal history that I call methodological self-consciousness. "Methodological individualism" would be both inaccurate and accurate as a label for the essay's approach to questions of causality. The label is inaccurate, because it fails to express the heavy emphasis that I place on the dialectical relationship …

The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider

Articles

The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …

Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Equality And Partiality, Daniel A. Cohen

Michigan Law Review

A Review of Equality and Partiality by Thomas Nagel

A Morality Fit For Humans, Joseph Raz

Michigan Law Review

A Review of Human Morality by Samuel Scheffler

Post-Totalitarian Politics, Guyora Binder

Michigan Law Review

A Review of The End of History and the Last Man by Francis Fukuyama and Civil Society and Political Theory by Jean L. Cohen and Andrew Arato

Mishandling The Current Crisis, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Confident, But Still Not Positive, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Totem And The God Of The Philosophers: How A Freudian Vocabulary Might Clarify Constitutional Discourse, 35 J. Church & State 521 (1993), Joel R. Cornwell

UIC Law Open Access Faculty Scholarship

No abstract provided.

No Punishment Without Cruelty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Blackmail: Property Right - 1993, Wendy J. Gordon

Scholarship Chronologically

It is not a paradox. For it to be a paradox, the following would have to be true: that when one is free to do one thing, or not to do it, one is also free to threaten to do it and sell that for money. But threat and sale are not even "lesser included acts" within doing and not doing; they are quite different from doing or not doing.

Rawls's Excessively Secular Political Conception, Gary C. Leedes

University of Richmond Law Review

In Political Liberalism, John Rawls clarifies the differences between general theories of human nature and his model of justice. Unlike most philosophers in the Western tradition, Rawls does not place the subject of justice within a comprehensive theory of human behavior. His conception of justice rests solely on a unique "construct" called the "liberal political conception" (LPC). Rawls claims that his freestanding LPC, if adopted by citizens of a constitutional democracy, could unite reasonable persons otherwise divided by their ideologies. As a result,, citizens-given favorable conditions-enjoy the benefits of a stable, well-ordered society.

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Publications

No abstract provided.

The Ennobling Of Democracy: The Challenge Of The Postmodern Age, Fernando R. Tesón

Michigan Journal of International Law

Review of the book by Thomas L. Pangle.

Review Of Willful Liberalism: Voluntarism And Individuality In Political Theory And Practice, Donald J. Herzog

Reviews

This is an elegant and studied little volume, rather more difficult than it lets on. Flathman wants to argue that liberals are sorely in need of a more robust understanding of the will and individuality than they now possess, that they (or we) should be enthusiastically embracing what might seem to be some tendentious commitments about the partial but inescapable opacity of other selves. He does so by working through a large number of texts and authors-some only contentiously called liberal (Hobbes); others not conceivably liberal (William of Ockham, Augustine, Nietzsche); and still others not obviously interested in anything narrowly …

Constitutional Law And The Myth Of The Great Judge, Michael S. Ariens

Faculty Articles

One of the enduring myths of American history, including constitutional history, is that of the “Great Man” or “Great Woman.” The idea is that, to understand the history of America, one needs to understand the impact made by Great Men and Women whose actions affected the course of history. In political history, one assays the development of the United States through the lives of great Americans, from the “Founders” to Abraham Lincoln to John F. Kennedy. Similarly, in constitutional history, the story is told through key figures, the “Great Judges,” from John Marshall to Oliver Wendell Holmes to Earl Warren. …

Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth

Michigan Journal of International Law

Review of the book edited by V. Spike Peterson.

Book Review, Paul Campos

Publications

No abstract provided.

Privileged Positions, Michael Fischl

Connecticut Law Review

No abstract provided.

Whose Loyalties?, Christina B. Whitman

Reviews

It is disconcerting to open a book subtitled An Essay on the Morality of Relationships and find that the two case studies that most interest the author are reciting the Pledge of Allegiance in public schools and the criminalization of flag burning. Although George Fletcher begins to make his case for giving moral priority to loyalties by referring to the impulse to save one's mother from a burning house (p. 12), he is more concerned with the ties that bind individuals to groups than with the ethics of relationships between individuals. The loyalties to which Fletcher would give "moral importance" …

Blackmail And Other Forms Of Arm-Twisting, Leo Katz

All Faculty Scholarship

No abstract provided.

Gendering And Engendering Process, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Whose Loyalties?, Christina Whitman

Michigan Law Review

A Review of Loyalty: An Essay on the Morality of Relationships by George P. Fletcher

A Morality Fit For Humans, Joseph Raz

Faculty Scholarship

I believe that it was opposition to utilitarianism which first bred arguments claiming in one way or another that a view of morality according to which morality is very demanding is mistaken just be-cause morality cannot be so demanding. On first hearing, this type of argument is liable to seem suspect. Humans should be fit for morality, and unfortunately too often they are not – one is inclined to say. If we find morality too demanding the fault is with us and not with morality. The idea of human morality, in the sense of a morality fit for humans …

Cunning Stunts: From Hegemony To Desire A Review Of Madonna's Sex, Katherine M. Franke

Faculty Scholarship

What is sex? Is it an accidental or contingent property that every person can be said to have? I am brunette and female, but the Pope is bald and male. Or, is sex more constitutive, that is, an essential part of who we are? In this respect, the claim is often made that women experience the world ditfierently than men. Or, is sex something we do?

If we consider sex as an adjective, can we or should we be able to manipulate it like a new hair style? Or does the notion of sexual malleability trivialize the significance …