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Articles 1 - 16 of 16
Full-Text Articles in Law
August 9, 2013: The Christian Case Against Gay Marriage, Bruce Ledewitz
August 9, 2013: The Christian Case Against Gay Marriage, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Christian Case Against Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 28, 2013: Pro-Life Liberalism, Bruce Ledewitz
July 28, 2013: Pro-Life Liberalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pro-Life Liberalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 14, 2013: Political Grandstanding On Gay Marriage, Bruce Ledewitz
July 14, 2013: Political Grandstanding On Gay Marriage, Bruce Ledewitz
Hallowed Secularism
Blog post, “Political Grandstanding on Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 11, 2013: Should We Discard The Constitution?, Bruce Ledewitz
July 11, 2013: Should We Discard The Constitution?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Should We Discard the Constitution?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz
July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Opposition to Gay Marriage Irrational?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 29, 2013: The Other Side Of The Us Supreme Court Decisions, Bruce Ledewitz
June 29, 2013: The Other Side Of The Us Supreme Court Decisions, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Other Side of the US Supreme Court Decisions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 1, 2013: The Economy, The Poor And Religion, Bruce Ledewitz
June 1, 2013: The Economy, The Poor And Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Economy, the Poor and Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 10, 2013: The Executioner In Chief, Bruce Ledewitz
March 10, 2013: The Executioner In Chief, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Executioner in Chief“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz
February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Response to Obama’s Contraception Initiative“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 24, 2013: What Was President Obama’S Speech About?, Bruce Ledewitz
January 24, 2013: What Was President Obama’S Speech About?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Was President Obama’s Speech About?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz
January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Agree With Some of the Words of Pastor Louie Giglio“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Faculty Scholarship
This paper argues that public education is an international human right that the U.S. ought to recognise and protect. Recognising a right to public education would correct a major inconsistency in U.S. law by bringing education rights docrtine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognises public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.
Victory Without Success? – The Guantanamo Litigation, Permanent Preventive Detention, And Resisting Injustice, Jules Lobel
Victory Without Success? – The Guantanamo Litigation, Permanent Preventive Detention, And Resisting Injustice, Jules Lobel
Articles
When the Center for Constitutional Rights (CCR) brought the first habeas cases challenging the Executive’s right to detain prisoners in a law free zone at Guantanamo in 2002, almost no legal commentator gave the plaintiffs much chance of succeeding. Yet, two years later in 2004, after losing in both the District Court and Court of Appeals, the Supreme Court in Rasul v. Bush handed CCR a resounding victory. Four years later, the Supreme Court again ruled in CCR’s favor in 2008 in Boumediene v. Bush, holding that the detainees had a constitutional right to habeas and declaring the Congressional …
Analogies And Institutions In The First And Second Amendments: A Response To Professor Magarian, Darrell A.H. Miller
Analogies And Institutions In The First And Second Amendments: A Response To Professor Magarian, Darrell A.H. Miller
Faculty Scholarship
In this essay, Professor Darrell Miller responds to Professor Gregory Magarian's criticism of the manner in which judges, advocates, and scholars have used the First Amendment to frame Second Amendment interpretive questions.
Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman
Hollingsworth V. Perry, Brief For Foreign And Comparative Law Experts Harold Hongju Koh Et. Al. As Amici Curiae Supporting Respondents, Harold Hongju Koh, Sarah H. Cleveland, Laurence R. Helfer, Ryan Goodman
Faculty Scholarship
No abstract provided.