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Rule of Law

Law Faculty Articles and Essays

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Full-Text Articles in Law

Language Control, 'Hyper-Sensitivity' And The Death Of True Liberalism, David R. Barnhizer Jan 2016

Language Control, 'Hyper-Sensitivity' And The Death Of True Liberalism, David R. Barnhizer

Law Faculty Articles and Essays

The Rule of Law in America is buttressed by the idea of free speech. Universities are supposed to be centers of free speech, dialogue and learning, in the process educating and preparing students to protect and preserve the unique ideal of the Western version of the Rule of Law. This includes the importance of competing factions attempting to achieve compromise through political discourse. There is a rather significant problem, therefore, when the dynamic and often contentious interactions that produce the ability to recognize the potential legitimacy of others’ arguments and the flaws in one’s own are short circuited by political …


Political Economy, Capitalism And The Rule Of Law, David R. Barnhizer, Daniel D. Barnhizer Jan 2016

Political Economy, Capitalism And The Rule Of Law, David R. Barnhizer, Daniel D. Barnhizer

Law Faculty Articles and Essays

There is a symbiotic relationship between a society’s form of economic activity and the Rule of Law institutions that support, facilitate, and limit that activity. Economic activity and Rule of Law institutions interact in a dynamic relation that creates, allocates, denies, and adapts power among competing entities. The core fact is that of transformation of the nature of power and the identities of those who control it. Nothing in such a system remains static and, unlike other systems, it is the natural effect of the system to reward its participants for creative contributions that sustain and advance its dynamism. The …