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Articles 1 - 14 of 14

Full-Text Articles in Law

Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki Jan 2016

Ethical Limitations On The State's Use Of Arational Persuasion, Nadia N. Sawicki

Faculty Publications & Other Works

Policymakers frequently use arational appeals – such as those relying on emotion, cognitive biases, and subliminal messaging – to persuade citizens to adopt behaviors that support public goals. However, these communication tactics have been widely criticized for relying on arational triggers, rather than reasoned argument. This Article develops a fuller account of the non-consequentialist objections to arational persuasion by state actors, as well as the arguments in favor of such tactics, that have been presented by scholars of rhetoric, political theory, and cognitive science. The Article concludes by proposing ethically justifiable limitations on state communications that should be compelling to both critics ...


The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis Jan 2016

The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis

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This Article argues that the Reconstruction Amendments incorporated the human dignity values of the Declaration of Independence. The original Constitution contained clauses, which protected the institution of slavery, that were irreconcilable with the normative commitments the nation had undertaken at independence. The Thirteenth, Fourteenth, and Fifteenth Amendments set the country aright by formally incorporating the Declaration of Independence's principles for representative governance into the Constitution.

The Declaration of Independence provides valuable insights into matters of human dignity, privacy, and self-government. Its statements about human rights, equality, and popular sovereignty establish a foundational rule of interpretation. While the Supreme Court ...


The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis Jan 2016

The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis

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No abstract provided.


Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan Jan 2016

Just Listening: The Equal Hearing Principle And The Moral Life Of Judges, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.


Magna Charta: The Charter Of The Forest, And The Prerogatives Of Kings, Allen E. Shoenberger Jan 2015

Magna Charta: The Charter Of The Forest, And The Prerogatives Of Kings, Allen E. Shoenberger

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No abstract provided.


"There Must Be A Means" - The Backward Jurisprudence Of Baze V. Rees, Nadia N. Sawicki Jan 2010

"There Must Be A Means" - The Backward Jurisprudence Of Baze V. Rees, Nadia N. Sawicki

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No abstract provided.


The Golden Age That Never Was: Catholic Law Schools From 1930-1960 And The Question Of Identity, John M. Breen Jan 2010

The Golden Age That Never Was: Catholic Law Schools From 1930-1960 And The Question Of Identity, John M. Breen

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No abstract provided.


Modesty And Moralism: Justice, Prudence, And Abortion: A Reply To Skeel & Stuntz, John M. Breen Jan 2008

Modesty And Moralism: Justice, Prudence, And Abortion: A Reply To Skeel & Stuntz, John M. Breen

Faculty Publications & Other Works

No abstract provided.


John Paul Ii, The Structures Of Sin And The Limits Of The Law., John M. Breen Jan 2008

John Paul Ii, The Structures Of Sin And The Limits Of The Law., John M. Breen

Faculty Publications & Other Works

No abstract provided.


The Catholic Lawyer: “Faith” In Three Parts., John M. Breen Jan 2006

The Catholic Lawyer: “Faith” In Three Parts., John M. Breen

Faculty Publications & Other Works

No abstract provided.


Justice, The Liberal Arts, And Some Basic Training For Lawyers, George Anastaplo Jan 2005

Justice, The Liberal Arts, And Some Basic Training For Lawyers, George Anastaplo

Faculty Publications & Other Works

No abstract provided.


Law, Judges And The Principles Of Regimes: Explorations, George Anastaplo Jan 2003

Law, Judges And The Principles Of Regimes: Explorations, George Anastaplo

Faculty Publications & Other Works

No abstract provided.


Baccauaureate Mass Reflection: The Catholic Lawyer: Justice And The Incarnation, John M. Breen Jan 2000

Baccauaureate Mass Reflection: The Catholic Lawyer: Justice And The Incarnation, John M. Breen

Faculty Publications & Other Works

No abstract provided.


What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses Jan 2000

What The Jury Must Hear: The Supreme Court’S Evolving Seventh Amendment Jurisprudence, Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.