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2012

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Articles 91 - 120 of 148

Full-Text Articles in Law

March 23, 2012: Warm Enough For You?, Bruce Ledewitz Mar 2012

March 23, 2012: Warm Enough For You?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Warm Enough For You?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 19, 2012: Without Gods, Bruce Ledewitz Mar 2012

March 19, 2012: Without Gods, Bruce Ledewitz

Hallowed Secularism

Blog post, “Without Gods“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 16, 2012: Pannikkar’S Rhythm Of Being, Bruce Ledewitz Mar 2012

March 16, 2012: Pannikkar’S Rhythm Of Being, Bruce Ledewitz

Hallowed Secularism

Blog post, “Pannikkar’s Rhythm of Being“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 14, 2012: The Break-Up Of A Section, Bruce Ledewitz Mar 2012

March 14, 2012: The Break-Up Of A Section, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Break-Up of a Section“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz Mar 2012

March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Are Any Other Pro-Life People Outraged and Embarrassed?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 7, 2012: Guatemala, Bruce Ledewitz Mar 2012

March 7, 2012: Guatemala, Bruce Ledewitz

Hallowed Secularism

Blog post, “Guatemala“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad Mar 2012

Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad

San Diego International Law Journal

This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …


February 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz Feb 2012

February 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz

Hallowed Secularism

Blog post, “Reasons for Confidence in the Future“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 24, 2012: The First Session Of The Conference, Bruce Ledewitz Feb 2012

February 24, 2012: The First Session Of The Conference, Bruce Ledewitz

Hallowed Secularism

Blog post, “The First Session of the Conference“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz Feb 2012

February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz

Hallowed Secularism

Blog post, “Greetings From Sunny Malibu“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 19, 2012: End Of Religion Ii, Bruce Ledewitz Feb 2012

February 19, 2012: End Of Religion Ii, Bruce Ledewitz

Hallowed Secularism

Blog post, “ End of Religion II“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz Feb 2012

February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Do Pacifists Have to Pay All Their Federal Taxes?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 9, 2012: The Year Of The Bible, Bruce Ledewitz Feb 2012

February 9, 2012: The Year Of The Bible, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Year of the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz Feb 2012

February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “Time to Leave the Democratic Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz Feb 2012

February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Just the Beginning of the War on Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World, W. Robert Thomas Feb 2012

On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World, W. Robert Thomas

Michigan Law Review

The law has long recognized a presumption against criminal strict liability. This Note situates that presumption in terms of moral intuitions about the role of intention and the unique nature of criminal punishment. Two sources-recent laws from state legislatures and recent advances in moral philosophy-pose distinct challenges to the presumption against strict liability crimes. This Note offers a solution to the philosophical problem that informs how courts could address the legislative problem. First, it argues that the purported problem from philosophy stems from a mistaken relationship drawn between criminal law and morality. Second, it outlines a slightly more nuanced moral …


January 28, 2012: A New Marxism, Bruce Ledewitz Jan 2012

January 28, 2012: A New Marxism, Bruce Ledewitz

Hallowed Secularism

Blog post, “A New Marxism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 25, 2012: Who Is Ready To Be Secular?, Bruce Ledewitz Jan 2012

January 25, 2012: Who Is Ready To Be Secular?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Who is Ready to be Secular?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 22, 2012: Jesus Hopped The 'A' Train, Bruce Ledewitz Jan 2012

January 22, 2012: Jesus Hopped The 'A' Train, Bruce Ledewitz

Hallowed Secularism

Blog post, “Jesus Hopped the 'A' Train“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 21, 2012: One Market Under God, Bruce Ledewitz Jan 2012

January 21, 2012: One Market Under God, Bruce Ledewitz

Hallowed Secularism

Blog post, “One Market Under God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz Jan 2012

January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz

Hallowed Secularism

Blog post, “But Why Can’t People Just Practice a Scientific Way of Life?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 15, 2012: Visiting The Center For Inquiry, Bruce Ledewitz Jan 2012

January 15, 2012: Visiting The Center For Inquiry, Bruce Ledewitz

Hallowed Secularism

Blog post, “Visiting the Center for Inquiry“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 12, 2012: The New Foundations Of The Ministerial Exception, Bruce Ledewitz Jan 2012

January 12, 2012: The New Foundations Of The Ministerial Exception, Bruce Ledewitz

Hallowed Secularism

Blog post, “The New Foundations of the Ministerial Exception“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 10, 2012: The Ministerial Exception Must Be Put On New Foundations, Bruce Ledewitz Jan 2012

January 10, 2012: The Ministerial Exception Must Be Put On New Foundations, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Ministerial Exception Must be Put on New Foundations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz Jan 2012

January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz

Hallowed Secularism

Blog post, “ I Have a Soft Spot for Rick Santorum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 3, 2012: Jacques Berlinerblau’S Anti-Religion List, Bruce Ledewitz Jan 2012

January 3, 2012: Jacques Berlinerblau’S Anti-Religion List, Bruce Ledewitz

Hallowed Secularism

Blog post, “Jacques Berlinerblau’s anti-Religion List“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Law Among The Sight Lovers, Francis J. Mootz Iii Jan 2012

Law Among The Sight Lovers, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Cute Prickly Critter With Presbyopia, Don Herzog Jan 2012

Cute Prickly Critter With Presbyopia, Don Herzog

Reviews

Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but …


Feminist Legal Realism, Mae C. Quinn Jan 2012

Feminist Legal Realism, Mae C. Quinn

Journal Articles

This Article begins to rethink current conceptions of two of the most significant legal movements in this country1—Legal Realism and Feminist Jurisprudence. The story of Legal Realism has been retold for decades. Authors have dedicated countless books,2 law review articles,3 and blog posts4 to the subject. Legal and other scholars repeatedly have attempted to define better the movement and ascertain its adherents. Although the usual suspects— Karl Llewellyn, Roscoe Pound, and Jerome Frank—are almost always a part of the conversation, surprisingly few agree on the totality of Realism’s personage or parameters. The lists of those considered realists— and there are …


Aggregation Of Probabilities And Illogic, Kevin M. Clermont Jan 2012

Aggregation Of Probabilities And Illogic, Kevin M. Clermont

Georgia Law Review

Classical logic and probability theory produce in law the
troublesome paradox of aggregation of claims: On the
other hand, logic seems to tell us that the aggregated
likelihood of alternative claims elevates in response to
probability's rules; thus, if the plaintiff almost proves
claim A and almost proves an alternative but independent
claim B, then the plaintiff should win one. On the other
hand, because the law requires each claim to meet the
standard of proof, and thus refuses to apply the proof
standard to the aggregation, the plaintiff loses in
actuality; legal scholars despair in consequences-
including Ariel Porat …