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Articles 1 - 5 of 5
Full-Text Articles in Law
Eve Without Adam: What Genesis Can Teach America About The Natural Law, David F. Forte
Eve Without Adam: What Genesis Can Teach America About The Natural Law, David F. Forte
Law Faculty Articles and Essays
I wish to make but three points. First, I want to discuss something of the history of the alliance between faith and reason in Western intellectual history and their estrangement. Second, by referring to some of the elements of the Book of Genesis, I would like to affirm the basic compatibility between the principles of natural law and the values of our religious heritage. Finally, I raise a caution regarding religious doctrine and liberty that any effective and principled alliance between faith and reason must deal with.
The Illiberal Court, David F. Forte
The Illiberal Court, David F. Forte
Law Faculty Articles and Essays
Justice Scalia casts up a dire warning that not only has the Supreme Court in many ways removed the Constitution from the Framers, it is also removing the democratic process from the people and their representatives.
Commentary: Noam Chomsky And Judicial Review, James G. Wilson
Commentary: Noam Chomsky And Judicial Review, James G. Wilson
Law Faculty Articles and Essays
Although Chomsky has never discussed judicial review in any detail, he recently made several interesting observations. He believes America's governmental structure remains acceptable, even desirable, even though all three federal branches have not just failed to protect us from private power's excesses but instead have devoted far too much of their energy and power to enhancing private power. The constitutional text creates a unique relationship between the Supreme Court and private power. Because the Court is staffed by unelected Justices who need not pander for money to be reelected, it is more independent of the rich and powerful than either …
Challenges In Judging: Some Insights From The Writings Of Moses, Gordon J. Beggs
Challenges In Judging: Some Insights From The Writings Of Moses, Gordon J. Beggs
Law Faculty Articles and Essays
I would like to use the writings of Moses as a lens to examine some challenges in judging. Moses authored the first five books of the Old Testament known as the Pentateuch or books of the law--Genesis, Exodus, Leviticus, Numbers, and Deuteronomy. He is probably best known for leading the Hebrew people out of bondage in Egypt and for receiving the Ten Commandments. As our discussion today will reveal, he may also be credited with authoring some significant principles with respect to the judicial function.
Natural Law And The Limits To Judicial Review, David F. Forte
Natural Law And The Limits To Judicial Review, David F. Forte
Law Faculty Articles and Essays
The very premise of judicial review in America is rooted in the structure of natural law. Judges have no authority to make any kind of law. They can only enforce and apply authoritatively passed positive law. But if the positive law has not been enacted, either in form or substance, without proper authority, then if the judge should enforce such a law, he would in fact be making new positive law, and would be acting outside of his authority.