Law Commons^™

The Five Days In June When Values Died In American Law, Bruce Ledewitz

Bruce Ledewitz

The Exorcism Motif In The Philosophy Of Sovereign Citizen Movements, John Ehrett

John Ehrett

I aim to deconstruct a key part of the sovereign citizen movement’s perspective on legitimate authority. I argue that the core underpinnings of sovereign citizen mentality (as applied) operate according to an anthropological framework similar to that used in an exorcism: namely, the ceremonial divestiture from an oppressive authority into whose service one has been subtly pressed.

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.

October 3, 2015: Is Litigation The Way To Stop Global Warming?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Litigation the Way to Stop Global Warming?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Social Control: Analytical Tool Or Analytical Quagmire?, Shelley A. M. Gavigan, Dorothy E. Chunn

Shelley A. M. Gavigan

There is probably no concept which is used more widely and with less precision than that of 'social control'. Given the lack of agreement about what 'social control' is, researchers usually employ the term in one of two ways. Either they assume that its meaning is obvious and requires no clarification, or, they begin with a perfunctory acknowledgment of the definitional problems associated with the concept and proceed to use it anyway. The eclecticism of the latter approach has stimulated attempts over the years to produce a universally applicable definition of 'social control' that could be empioyed both systematically and …

September 6, 2015: Kim Davis Is No Religious Martyr, No Prisoner Of Conscience, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Kim Davis is No Religious Martyr, No Prisoner of Conscience“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 26, 2015: Introducing Constitutional Law In The Midst Of The Plight, Bruce Ledewitz

Hallowed Secularism

Blog post, “Introducing Constitutional Law in the Midst of the Plight“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 15, 2015: No Religious Right To Refuse Government Service, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Religious Right to Refuse Government Service“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 27, 2015: The Supreme Court's Week, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Supreme Court's Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 20, 2015: Campaign Finance Becomes An Issue, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Campaign Finance Becomes an Issue“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz

Ledewitz Papers

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

April 3, 2015: Making The Worst Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Making the Worst of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 29, 2015: How To Think About Religious Exemptions, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Think about Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 14, 2015: Would Prosperity Matter?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Would Prosperity Matter?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 31, 2015: How To Think About Constitutional Government, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Think About Constitutional Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 24, 2015: More Nihilism On Abortion, Bruce Ledewitz

Hallowed Secularism

Blog post, “More Nihilism on Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 21, 2015: We’Re On A Crash Course, Bruce Ledewitz

Hallowed Secularism

Blog post, “We’re On a Crash Course“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Philosophy And Law: An Interpretation Of Plato's 'Minos', Steven Thomason

Articles

Plato's Minos presents a twofold argument. In part it is a facile defense of law directed at a typical Athenian citizen. On another level, it is a sophisticated teaching that ponders the question what is law for the would-be philosopher or student of Socrates. These arguments are made in three parts. First, it becomes clear that Socrates' interlocutor has been influenced or corrupted by the teachings of sophists. Second, Socrates attempts to reform the interlocutor's opinion of law by suggesting there is a science of law. Finally, Socrates argues that present day Greek laws are derived from the oldest Greek …

An Addendum In Light Of Recent Developments, Bruce Ledewitz

Ledewitz Papers

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

Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz

Ledewitz Papers

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

Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett

John Ehrett

This Article offers and defends a nuanced definition of opportunism in the context of legal decision-making by differentiating between opportunism in the broad sense and the particularized phenomenon of cognizably malignant opportunism. It subsequently proceeds by developing a normative critique of the case for broader invocation of counter opportunistic equitable remedies, alongside a defense of the reliance and gap-filling functions performed by opportunistic actors. Centrally, I challenge the suggestion that the existence of opportunism in private law warrants a revival of the doctrines of ex post equity. I argue instead that opportunism serves an important structural purpose where the evolution …