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Articles 1 - 19 of 19
Full-Text Articles in Law
It's Not Just Larsen, Bruce Ledewitz
It's Not Just Larsen, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Place Of Religious Argument In A Free And Democratic Society, Robert Audi
The Place Of Religious Argument In A Free And Democratic Society, Robert Audi
San Diego Law Review
This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …
The Pope's Submarine, John H. Garvey
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.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Law and Contemporary Problems
The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.
Book Review, Cynthia Dash
Book Review, Cynthia Dash
RISK: Health, Safety & Environment (1990-2002)
Review of: DONALD C. LEE, TOWARD A SOUND WORLD ORDER: A MULTIDIMENSIONAL HIERARCHICAL ETHICAL THEORY. (Greenwood Press 1992). [240 pp.] Bibliography, index, notes, preface. LC: 91-440942; ISBN:0-313-27903-9. [Cloth $42.95. P.O. Box 5007, Westport CT 06881.]
Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz
Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980s And 1990s , Bernard M. Shapiro
Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980s And 1990s , Bernard M. Shapiro
Washington and Lee Law Review
No abstract provided.
J.L. Brierly And The Modernization Of International Law, Carl Landauer
J.L. Brierly And The Modernization Of International Law, Carl Landauer
Vanderbilt Journal of Transnational Law
In this Article, the author provides an analysis of a classic of international law, The Law of Nations, by J.L. Brierly. The author describes Brierly as an international legal scholar whose modernization of international law involves an emphasis on fact and complexity, an emphasis that is ultimately little more than a gesture. The author then examines the narrative structure of The Law of Nations and indicates the normative messages disclosed in Brierly's telling of the story of international law. Finally, the author describes Brierly's effort to describe international law as occupying a political realm while Brierly's evolutionary optimism made him …
Mishandling The Current Crisis, Bruce Ledewitz
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
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
Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Paradox Of Ideology, Justin Schwartz
The Paradox Of Ideology, Justin Schwartz
Justin Schwartz
A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …
Functional Explanation And Metaphysical Individualism, Justin Schwartz
Functional Explanation And Metaphysical Individualism, Justin Schwartz
Justin Schwartz
A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …
No Punishment Without Cruelty, Bruce Ledewitz
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
Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein
Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein
Faculty Publications
No abstract provided.
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi
Publications
No abstract provided.
Book Review, G. Marcus Cole
Book Review, G. Marcus Cole
Journal Articles
G. Marcus Cole provides a thorough review of Towards a Post-Apartheid Future: Political & Economic Relations in Southern Africa by Gavin Maasdorp & Alan Whiteside (New York: St. Martin's Press, 1992).