Law Commons^™

How U.S. Legal Stagnation Can Be Aided By Decolonization, Marquel Gardner

McNair Summer Research Program

Decolonization is a term often used to present a simple shift from colonial thinking, heavily maintaining the establishment of colonial systems today. However, this usage oversimplifies and overshadows the word’s key purpose. Common proclamations of the term forgo the fundamental indigenous essence behind the word. Doing so, we not only strip the word of its inherent power, but obstruct further possibilities for actual decolonization to appear in our world. Many argue that the U.S. legal system, a product of colonial factors, has reached an alarming state. Our current legal, political atmosphere gears not towards justice or morality, but fascism and …

Class Struggle And The Socialist Economic Calculation Debate, Tiago Camarinha Lopes

Emancipations: A Journal of Critical Social Analysis

The socialist economic calculation debate is often portrayed as a sharp and straightforward conflict between two opposing sides. While this characterization is valid given the ideological clash between defenders of capitalism and proponents of socialism, this paper offers a more nuanced perspective on the interaction between the main schools of economic thought involved in the debate, the Marxist and the Austrian. Drawing on the humanist approach of critical pedagogy developed by Brazilian philosopher Paulo Freire (1921–1997), the paper argues that the debate over socialist economic calculation is not only a clear expression of class struggle within economics. It also involves …

Theorizing Rural Cosmopolitanism: Modern Economic History, Urban Elites, And The Political Economy Of Disaster Recovery, Manuel Montoya

Natural Resources Journal

A heavily understated dimension of cosmopolitanism is the urban rural divide. This is particularly true in the context of modern economics, which emerged at the same time that the notion of cosmopolitanism was gaining renewed political significance. This paper examines how economic thought of the late eighteenth and early nineteenth centuries directly influenced the socio-literary interactions of a “World Republic of Letters” and how writers such as Goethe used terms like “universal spiritual commerce” to valorize the role of the city in the making of a new modern world. The paper also describes how the rural was left behind in …

A Human Enablement Theory Of Copyright, Akshat Agrawal

Indian Journal of Law and Technology

Copyright policy, designed to protect creators and disseminators from market imperatives, has ironically deepened their market dependency. This transformation stems from two critical theoretical errors: first, the “incentives”/“reward for labour” story that mistakes protection from market pressures for market encouragement; second, market fundamentalism that treats exclusionary rights as natural and as the source of “liberty”. These misconceptions, reinforced by fallacies about pre-social creativity and physicalism, have transformed copyright from an enabler in a market society into one that commodifies creative expression itself, intensifying rather than ameliorating the economic vulnerability of cultural producers.

This theoretical misunderstanding has produced three interlocking harmful …

Law School News: Seeing Justice Up Close 10-22-2025, Alli-Michelle Conti

Life of the Law School (1993- )

No abstract provided.

Judicial And Techno-Securitization Of Immigration: Narratives De Filosofia De Inmigracion Y Justicia, Mohammad Rubaiyat Rahman

Open Access Theses & Dissertations

In the thesis, I develop a philosophical account which is centered on immigration enforcement discrimination, surveillance and procedural justice. The thesis propounds two arguments. The first argument contends that the immigration enforcement of the United States (U.S.), including the use of surveillance technology, contributes to the structural injustice. The second argument is that the U.S. immigration surveillance and immigration enforcement should be qualified by procedural justice and constitutional democracy.

The thesis prioritizes the practice of the U.S. immigration policy, enforcement and how these promote structural injustice against non-citizens and citizens, specifically those who are Latinos living in the U.S.-Mexico borderlands. …

An Introduction To Legal Moralism, Douglas Husak

Georgia State University Law Review

No abstract provided.

The Ethics Of Insider Trading, Miles Morgan

Global Tides

In business ethics, insider trading has gone untouched by scholars, as the consensus is that insider trading is morally indefensible, however, questions have emerged regarding the moral responsibility of insiders. This paper engages with Analyzing Insider Trading from the Perspectives of Utilitarian Ethics and Rights Theory by Robert McGee to evaluate the relationship between applied ethics and insider trading. A satisfactory anti-insider trading account must be able to economically or philosophically explain why insider trading is morally wrong. The assumption that this is impossible may be due to a misunderstanding of how we decide what morality is or how economic …

Should Like Cases Be Decided Alike? A Formal Analysis Of Formal Equality, Benjamin B. Johnson, Richard Jordan

UF Law Faculty Publications

The idea of formal equality—the principle that we should treat like cases alike—is a cornerstone of political and legal theory that supporters have placed at the heart of theories of justice since Aristotle. Critics have rejected it as vacuous or a tool of oppression. Despite its central importance, formal equality has received little formal analysis. In this article, we formalize the like-cases maxim and explore its implications. We show that both Aristotle’s principle of proportionality and Dworkin’s principle of integrity can be directly derived from formal equality. It is therefore not vacuous, but formal equality is more demanding than its …

Two Forms Of Formalism In Contract Law, Gregory Klass

Cardozo Law Review

Formalism in contract interpretation has had many defenders and many critics. What lawmakers need, however, is an account of when formalism works and when it does not. This Article addresses that need by providing a general theory of contract exposition and differentiating between two forms of formalism in contract law. Formalities effect legal change by virtue of their form alone, thereby obviating interpretation. Examples include “as is,” the seal, and sometimes contract boilerplate. Evidentiary formalism, in distinction, limits the evidence that goes into interpretation. Plain meaning rules are an example of evidentiary formalism. This Article provides a detailed analysis of …

Limitation For Liberty: A Commentary On Federalism And The Tenth Amendment, Riley Banker

Senior Honors Theses

The concept of Federalism is essential to the very survival of the United States. However, recent decisions by the Supreme Court have illustrated attempts by the federal government to expand its authority and undermine the balance of power created by Federalism. This thesis will explore the concept of Federalism to demonstrate how it can best be protected. First, this thesis will address the origins of Federalism. Second, it will show how the principles of Federalism are manifested within the founding documents of the United States. Finally, this thesis will analyze current events including Supreme Court cases to demonstrate a concerning …

Introduction—Bioethics After Dobbs, James Toomey

Pace Law Review

No abstract provided.

The Birth Of The Blogosphere, Glenn Harlan Reynolds

Book Chapters

No abstract provided.

Civic Education And Democracy's Flaws, Robert L. Tsai

Faculty Scholarship

Today, liberalism and democracy are beset by competitors that seek to return power to religious traditionalists or partisans masquerading as civic republicans. In such an environment, can civic education do some good, and even help bridge our society’s deepening divides?

Seana Shiffrin has characteristically brought deep learning and penetrating insight to the project of civic education in a modern democracy. Against a “dominant” model of citizenship in which “citizens vote and hand off power to their representatives”— which she believes encourages the people to maintain an unhealthy distance from government— she proposes a richer account of political community in which …

Populists In Power And Constitutional Counternarratives, Giuseppe Martinico

Cardozo Law Review

In this essay I shall comment on A Pluralist Theory of Constitutional Justice by Professor Michel Rosenfeld, by developing three points that have to do with the legacy of Carl Schmitt’s constitutional theory. The first is about the progressive weaponization of constitutional law that characterizes what I call the populist constitutional counternarrative. In particular, I will explore how populists in power use constitutional law. The second point has to do with the notion of constituent power in a context of comprehensive pluralism. The third point is about the relationship between constitutionalism and political theology. The intuition behind this is that …

The Universal And Its Others: Dialectics And Conflict In Comprehensive Pluralism, Julie Saada

Cardozo Law Review

Since the release of Rawls’s A Theory of Justice in 1971, discussions on the role of groups, redistribution, and symbolic recognition have gained unprecedented attention in North America and Europe. How can we ensure equal recognition among groups and foster equitable access to goods in a way that provides fair distribution not only among groups (plurality) but also within groups (the singular) so that all are politically and socially included on a common shared basis (the universal)? While the approach to this question differs between America and Europe—think of French republican universalism and the historical evolution of the concept of …

Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Foucault, Michel. Nietzsche: Cours, Conferences Et Travaux. Edited By Bernard E. Harcourt, Paris: Seuil/Gallimard, 2024 (In French) [Book Review], Dana Neacsu

Law Faculty Publications

Today, the defining event of our Western civilization is generative artificial intelligence (GenAI). Philosophically, it might be grounded in Walter Benjamin’s The Metaphysics of Youth where Benjamin’s return to an age of eternal youth, which, due to its lack of memory,⁴ aligns with the ethos of GenAI. Memory seems enough for those who remember the subject matter, the color, or the sound of what they seek in GenAI chats. It becomes adequate as we grow accustomed to summaries of “unread” texts, such as those by Benjamin.⁵ Unlike the AI era of Google searches, which provided an unlimited sea …

Afreeist Legal Theory And The Problem Of Innocence, Stephen G. Marks

Faculty Scholarship

Afreeism refers to the lack of the assumption that human beings have free will. Rather, it assumes that humans are subject to the same laws of physics, chemistry, biology, etc., that govern all other phenomena. Afreeist Legal Theory in turn is a legal theory that forgoes the assumption of free will. By foregoing the notion of free will, we also forgo notions of desert, blame, and moral responsibility. Human beings are causally or stochastically deterministic beings. As such, they can never do other than what they do. And because they never possess the ability to do otherwise, they are at …

Green Is The New Black: Exploring How A Philosophical Approach To The Fashion Industry Will Reduce Its Environmental Impact, Darion A. Gibbs

Student Theses and Dissertations

The fashion industry is the third largest contributor to pollution globally, behind only oil and agriculture. It also accounts for one-fifth of the plastic produced annually. Despite its impact, it is hard to trace accountability. For example, mega-retailers often outsource production to developing countries, without strong structures of accountability for their environmental impact. In addition, companies often claim to be environmentally sustainable, but it is easy to inflate the truth, and entities designed to protect consumers have limited enforcement. In this context, who should be held responsible for the fashion industry’s contribution to climate change?

In response, this thesis delves …

Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Contingency And Contestation In Christianity And Liberalism, Michael P. Moreland

Faculty Publications

No abstract provided.

If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.