Law Commons^™

Ross Douthat’S Critique Of Modernity, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ross Douthat’s Critique of Modernity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 25, 2015: Merry Christmas 2015, Bruce Ledewitz

Hallowed Secularism

Blog post, “Merry Christmas 2015“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 17, 2015: Underlying Consensus?, Bruce Ledewitz

Hallowed Secularism

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

December 9, 2015: The Spirit Of Doom, Bruce Ledewitz

Hallowed Secularism

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

December 5, 2015: Islamic Terrorism, Christian Terrorism And Jewish Terrorism, Bruce Ledewitz

Hallowed Secularism

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

Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse

All Faculty Scholarship

This article is based on the author’s Barrock Lecture in Criminal Law presented at the Marquette University Law School. The central thesis is that the folk psychology that underpins criminal responsibility is correct and that our commonsense understanding of agency and responsibility and the legitimacy of criminal justice generally are not imperiled by contemporary discoveries in the various sciences, including neuroscience and genetics. These sciences will not revolutionize criminal law, at least not anytime soon, and at most they may make modest contributions to legal doctrine, practice, and policy. Until there are conceptual or scientific breakthroughs, this is my story …

December 1, 2015: What Really Fuels Isis?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Really Fuels ISIS?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown

Maryland Law Review

No abstract provided.

The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim

Maryland Law Review

The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …

Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu

Maryland Law Review

No abstract provided.

Legal Epistemologies, Howard Schweber

Maryland Law Review

No abstract provided.

Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer

Maryland Law Review

No abstract provided.

November 24, 2015: I Guess Trump Really Could Win The Republican Nomination, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Guess Trump Really Could Win the Republican Nomination“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 22, 2015: Reason Is Not An Alternative To Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Reason is Not an Alternative to Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

First Force, William A. Edmundson

William A. Edmundson

No abstract provided.

The Antinomy Of Coherence And Determinacy, William A. Edmundson

William A. Edmundson

Coherence and determinacy are both apparent desiderata for bodies of law and legal systems. Unfortunately, in legal systems of any complexity, increasing the degree of one invariably brings about a lessening of the other. For theories of law - such as Ronald Dworkin's - that emphasize the importance of coherence in judicial reasoning, while requiring as a condition of legitimacy that legal rights pre-exist judicial decisions, this must be an unwelcome fact.

November 19, 2015: How To Defeat Isis, Bruce Ledewitz

Hallowed Secularism

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

November 15, 2015: None, Bruce Ledewitz

Hallowed Secularism

Blog post, “None“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 13, 2015: Heidegger’S Judeo-Christian, Bruce Ledewitz

Hallowed Secularism

Blog post, “Heidegger’s Judeo-Christian“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is Wrong with Whites?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 3, 2015: Title: Ross Douthat’S Mistakeross Douthat’S Mistake, Bruce Ledewitz

Hallowed Secularism

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

The Five Days In June When Values Died In American Law, Bruce Ledewitz

Bruce Ledewitz

The Exorcism Motif In The Philosophy Of Sovereign Citizen Movements, John Ehrett

John Ehrett

I aim to deconstruct a key part of the sovereign citizen movement’s perspective on legitimate authority. I argue that the core underpinnings of sovereign citizen mentality (as applied) operate according to an anthropological framework similar to that used in an exorcism: namely, the ceremonial divestiture from an oppressive authority into whose service one has been subtly pressed.

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

I evaluate the dimensions of courts’ current interpretive dilemma, and subsequently sketch a possible framework for extending traditional statutory interpretation principles into this new domain: throughout the following analysis, I describe the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and propose a normative way forward for those tasked with deriving meaning from emoji-laden communications.

October 29, 2015: So, It's Not Going To Be Trump (Or Carson), Bruce Ledewitz

Hallowed Secularism

Blog post, “So, It's Not Going to be Trump (or Carson)“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Wrongs, Rights, And Third Parties, Nicholas Cornell

Articles

In philosophical and legal arguments, it is commonly assumed that a person is wronged only if that person has had a right violated. This assumption is often viewed almost as a necessary conceptual truth: to be wronged is to have one's right violated, and to have a right is to be one who stands to be wronged. I will argue that this assumption is incorrect—that having a right and standing to be wronged are distinct and separable moral phenomena.

My argument begins from cases in which third parties are affected by the violation of someone else's rights. I will introduce …

October 23, 2015: Heidegger And The Last God, Bruce Ledewitz

Hallowed Secularism

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

Why Confronting The Internet’S Dark Side?, Raphael Cohen-Almagor

raphael cohen-almagor

Raphael Cohen-Almagor, the author of Confronting the Internet's Dark Side, explains his motivation for exploring the dangerous side of the world wide web. This new book is the first comprehensive book on social responsibility on the Internet.

October 15, 2015: The Difficulty Of Reining In Money, Bruce Ledewitz

Hallowed Secularism

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

October 11, 2015: Liberals Fooling Themselves About Political Money, Bruce Ledewitz

Hallowed Secularism

Blog post, “Liberals Fooling Themselves About Political Money“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.