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Jurisprudence

Jurisprudence

Chicago-Kent College of Law

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Full-Text Articles in Law

The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman Dec 2014

The Conservative-Libertarian Turn In First Amendment Jurisprudence, Steven J. Heyman

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Conservative constitutional jurisprudence in the United States has an important libertarian dimension. In recent years, a conservative majority of the Supreme Court has strengthened the constitutional protections for property rights, recognized an individual right to own firearms, imposed limits on the welfare state and the powers of the federal government, cut back on affirmative action, and held that closely held corporations have a right to religious liberty that permits them to deny contraceptive coverage to their female employees. This libertarian streak also can be seen in decisions on freedom of speech and association. In several leading cases, conservative judges have …


Rights, Rationality, And The Preemption Of Reasons, Richard Warner Mar 2004

Rights, Rationality, And The Preemption Of Reasons, Richard Warner

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No abstract provided.


The Principles Of Justice, Richard W. Wright Jan 2001

The Principles Of Justice, Richard W. Wright

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No abstract provided.


The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright Dec 2000

The Principles Of Justice, In Symposium, Propter Honoris Respectum: John Finnis, Richard W. Wright

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Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive …


Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner Mar 1999

Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner

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No abstract provided.


Impossible Comparisons And Rational Choice Theory, Richard Warner Mar 1995

Impossible Comparisons And Rational Choice Theory, Richard Warner

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No abstract provided.


Excluding Reasons: Impossible Comparisons And The Law, Richard Warner Mar 1995

Excluding Reasons: Impossible Comparisons And The Law, Richard Warner

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No abstract provided.


Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner Mar 1993

Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner

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Incommensurability As A Jurisprudential Puzzle, Richard Warner Mar 1992

Incommensurability As A Jurisprudential Puzzle, Richard Warner

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No abstract provided.