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Articles 1 - 30 of 111
Full-Text Articles in Law
December 21, 2014: Questioning Capitalism, Bruce Ledewitz
December 21, 2014: Questioning Capitalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Questioning Capitalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Aziz Rana
No abstract provided.
Unconscious Bias And The 2008 Presidential Election, Gregory S. Parks, Jeffrey J. Rachlinski
Unconscious Bias And The 2008 Presidential Election, Gregory S. Parks, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
The 2008 presidential campaign and election will be historic. It marks the first time a Black person (Barack Obama) and a woman (Hillary Clinton) have a real chance at winning the Presidency. Their viability as candidates symbolizes significant progress in overcoming racial and gender stereotypes in America. But closer analysis of the campaigns reveals that race and gender have placed enormous constraints on how these two Senators can run their candidacy. This is not surprising in light of the history of race and gender in voting and politics in America. But what is perhaps more surprising is how the campaigns …
December 18, 2014: Good News On Cuba, Bruce Ledewitz
December 18, 2014: Good News On Cuba, Bruce Ledewitz
Hallowed Secularism
Blog post, “Good News on Cuba“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Taking Distribution Seriously, Robert C. Hockett
Taking Distribution Seriously, Robert C. Hockett
Robert C. Hockett
It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing. To attend systematically to the inter-translatability of maximization language on …
Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett
Minding The Gaps: Fairness, Welfare, And The Constitutive Structure Of Distributive Assessment, Robert C. Hockett
Robert C. Hockett
Despite over a century’s disputation and attendant opportunity for clarification, the field of inquiry now loosely labeled “welfare economics” (WE) remains surprisingly prone to foundational confusions. The same holds of work done by many practitioners of WE’s influential offshoot, normative “law and economics” (LE). A conspicuous contemporary case of confusion turns up in recent discussion concerning “fairness versus welfare.” The very naming of this putative dispute signals a crude category error. “Welfare” denotes a proposed object of distribution. “Fairness” describes and appropriate pattern of distribution. Welfare itself is distributed fairly or unfairly. “Fairness versus welfare” is analytically on all fours …
December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz
December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Tough Guys Who Favor Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 6, 2014: The Death Of Meaning In Law And Life, Bruce Ledewitz
December 6, 2014: The Death Of Meaning In Law And Life, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Death of Meaning in Law and Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 30, 2014: More Reasons The Democratic Party Coalition Collapsed, Bruce Ledewitz
November 30, 2014: More Reasons The Democratic Party Coalition Collapsed, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Reasons the Democratic Party Coalition Collapsed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 20, 2014: Not Serving The Interests Of The Country, Bruce Ledewitz
November 20, 2014: Not Serving The Interests Of The Country, Bruce Ledewitz
Hallowed Secularism
Blog post, “Not Serving the Interests of the Country“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin
Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin
Max Levin
Development experts would benefit from a better understanding of how policy is made in developing countries. In this article, I describe how health policy is made in Cote d’Ivoire, from the perspective of a Westerner embedded in the Ministry of Health for 10 months. I provide a narrative of how one health system reform—performance-based financing—moved from policy idea to enacted reform. I describe the origins of the reform in Cote d’Ivoire, how the government came to support the reform, and then the mechanics of how the reform was enacted. I then present observations on how policymaking in Cote d’Ivoire differs …
Speak Up: Issue Advocacy In Increasingly Politicized Times, Sally Wagenmaker
Speak Up: Issue Advocacy In Increasingly Politicized Times, Sally Wagenmaker
The Journal of Business, Entrepreneurship & the Law
This article first provides a brief primer on current constraints affecting Section 501(c)(3) and 501(c)(4) organizations' communications within the context of what has become known as “issue advocacy.” It then sets forth the problem of increasing politicization of nonprofits' issue advocacy activities. The article next evaluates related constitutional tensions for politically tinged issue advocacy, through the lens of the Supreme Court's free speech decisions. It concludes by addressing how the IRS's different content-based standards for issue advocacy are susceptible to abuse, are otherwise constitutionally suspect, and therefore warrant reform.
November 13, 2014: The Climate Deal With China, Bruce Ledewitz
November 13, 2014: The Climate Deal With China, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Climate Deal with China“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 9, 2014: How Destructive Is Capitalism?, Bruce Ledewitz
November 9, 2014: How Destructive Is Capitalism?, Bruce Ledewitz
Hallowed Secularism
Blog post, “ How Destructive Is Capitalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 6, 2014: An Election Of Anxiety, Bruce Ledewitz
November 6, 2014: An Election Of Anxiety, Bruce Ledewitz
Hallowed Secularism
Blog post, “An Election of Anxiety“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 2, 2014: Today’S Papers, Bruce Ledewitz
November 2, 2014: Today’S Papers, Bruce Ledewitz
Hallowed Secularism
Blog post, “Today’s Papers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
October 25, 2014: In Our Dark Time, Bruce Ledewitz
October 25, 2014: In Our Dark Time, Bruce Ledewitz
Hallowed Secularism
Blog post, “ In Our Dark Time“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Fearless Friday: Gettysburg Anti-Capitalist Collective, Christina L. Bassler
Fearless Friday: Gettysburg Anti-Capitalist Collective, Christina L. Bassler
SURGE
The Gettysburg Anti-Capitalist Collective, also known as GACC, is a recent yet active addition to the campus community. Through their participation in debates, weekly meetings, and organization of events (most notably Wednesday night’s concert featuring political activists Evan Greer and Anne Feeney), GACC provides a forum for discussing and learning about leftist politics. On a campus that many would describe as highly conservative, GACC and its members are nothing short of fearless. [excerpt]
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson
Catholic University Law Review
As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers have …
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu
Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu
Jonathan Yu
No abstract provided.
Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir
Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir
Isaac Kfir
The contemporary international refugee system was product of a desire to provide protection and assistance to those who have a well-founded fear of persecution, a somewhat sophistic term in the twenty-first century, which may explain why the system has become cumbersome, incoherent and divisive. One explanation for the tension within the refugee regime is that states—mainly western states—seek to reduce refugee applications while adhering and upholding their international obligations. Another explanation is that it is tensions between two legal traditions—natural law and legal positivism—that are shape the international refugee law that have led to the crisis, preventing a clear legal …
October 3, 2014: Democracy Or Secularism, Bruce Ledewitz
October 3, 2014: Democracy Or Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Democracy or Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Countering Hate On The Internet, Raphael Cohen-Almagor
Countering Hate On The Internet, Raphael Cohen-Almagor
raphael cohen-almagor
Hate speech is designed to threaten certain groups publicly and act as propaganda for offline organizations. Hate groups use websites to share ideology and propaganda, to link to similar sites and to recruit new converts, advocate violence and to threat others. The aim of this paper is to analyse the ways hate mongers are utilizing the Internet, and to ask what can be done to counter their activities. The paper discusses the targets of hate on the Internet and offers practical proposals to address this increasing problem and fight against it.
September 24, 2014: What President Obama Should Have Said, Bruce Ledewitz
September 24, 2014: What President Obama Should Have Said, Bruce Ledewitz
Hallowed Secularism
Blog post, “What President Obama Should Have Said“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Who Owns "Hillary.Com"? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Akron Law Faculty Publications
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns ‘hillaryclinton.com’, the more generic ‘hillary.com’ is registered to a software firm, Hillary Software, Inc. What about ‘hillary2008.com’? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Akron Law Faculty Publications
When the Oscar™-winning actress Julia Roberts fought for control of the domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the space, implicate unique aspects of an individual’s persona in cyberspace. Nevertheless, most of the legal rules developed for these disputes …
September 14, 2014: Chasing Moderates In Syria, Bruce Ledewitz
September 14, 2014: Chasing Moderates In Syria, Bruce Ledewitz
Hallowed Secularism
Blog post, “Chasing Moderates in Syria“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Criminalizing Politics, Jeffrey Bellin
The Triumph Of The Hindu Right, Ananya Vajpeyi