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Articles 1891 - 1920 of 1969
Full-Text Articles in Law
The Water Quality Legal Framework, William H. Rodgers Jr.
The Water Quality Legal Framework, William H. Rodgers Jr.
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
12 pages (includes illustrations).
Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz
Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Justices Don't Own The Constitution, Bruce Ledewitz
Justices Don't Own The Constitution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Is The Death Penalty Good For Us?, Bruce Ledewitz
Is The Death Penalty Good For Us?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz
To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Need For A New Enlightenment: Lessons In Liberty From The Eighteenth Century, Norman Dorsen
The Need For A New Enlightenment: Lessons In Liberty From The Eighteenth Century, Norman Dorsen
Case Western Reserve Law Review
No abstract provided.
Holmes And Brandeis: Libertarian And Republican Justifications For Free Speech, Pnina Lahav
Holmes And Brandeis: Libertarian And Republican Justifications For Free Speech, Pnina Lahav
Faculty Scholarship
Writing The Name of the Rose, observed Umberto Eco, made him aware of the "echoes of intertextuality." He discovered what "Homer, Rabelais and Cervantes have always known: . . .books always speak of other books, and every story tells a story that has already been told."' The same applies to political and legal theories: they weave the past into the present. Thus, in articulating justifications for freedom of speech, one may look to modern works such as Milton or John Stuart Mill, or one may reach farther back to Aristotle, Plato or Pericles. The choice of intellectual sources as …
Challenge To The First Amendment, Bruce Ledewitz
Challenge To The First Amendment, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz
The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz
A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz
The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Must Virtue Be Taught?, Thomas D. Eisele
Must Virtue Be Taught?, Thomas D. Eisele
Faculty Articles and Other Publications
No abstract provided.
The Activity Of Being A Lawyer: The Imaginative Pursuit Of Implications And Possibilities, Thomas D. Eisele
The Activity Of Being A Lawyer: The Imaginative Pursuit Of Implications And Possibilities, Thomas D. Eisele
Faculty Articles and Other Publications
If law as an activity emerged naively and unpremeditated, as a direction of attention pursued without premonition of what it would lead to, then by now it has hollowed out a character for itself, as Oakeshott says, and has become specified in a "practice." Having acquired this firmness of character, as Oakeshott further says, law may present itself as a puzzle, thus provoking reflection. Thinking about law in this manner or mood is something that I wish to call "philosophy of law," and this is itself an honorable activity with a character and mannerisms of its own.2 In law school, …
The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz
The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Monzo Raises Taxing Issue, Bruce Ledewitz
Monzo Raises Taxing Issue, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz
Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz
Ledewitz Papers
Paper submitted to the Outreach Program of the Democratic Policy Commission to "identify emerging ideas and policy innovations among Democratic constituency groups, academics, policy experts and public officials." (Appendix D, p. 71) All papers were then reviewed by a group of volunteer policy specialists and their abstracts were subsequently "published and distributed at the appropriate Regional Round tables. All papers submitted were thereby made available to commission members and to other interested parties" (Id.). "Tales of the Donkey - A New Future for the Democratic Party" was submitted to the Democratic Policy Commission on Cross -Cutting Issues Affecting the Democratic …
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Philosophy And The Constitution, Donald H. Regan
Philosophy And The Constitution, Donald H. Regan
Book Chapters
The Constitution is one of the great achievements of political philosophy; and it may be the only political achievement of philosophy in our society. The Framers of the Constitution and the leading participants in the debates on ratification shared a culture more thoroughly than did any later American political elite. They shared a knowledge (often distorted, but shared nevertheless) of ancient philosophy and history, of English common law, of recent English political theory, and of the European Enlightenment.They were the American branch of the Enlightenment,and salient among their membership credentials was their belief that reasoned thought about politics could guide …
Duties Of Preservation, Donald H. Regan
Duties Of Preservation, Donald H. Regan
Book Chapters
The central philosophical problem concerning our duties with regard to nature is this: We are strongly inclined to think we have certain duties which are not fully accounted for by instrumental arguments. We are also strongly inclined to hold a view about value that seems to make it impossible to account for these duties by any noninstrumental arguments. Hence our perplexity. It seems that we have duties to respect living creatures; to avoid causing the extinction of species; even to preserve complex parts of the environment s uch as a tropical rain forest or the Grand Canyon. If we ask …
"Convention" And Critique, Drucilla Cornell
Law's Halo, Donald H. Regan
Law's Halo, Donald H. Regan
Articles
Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to …
Con Law Limit Is Eroding, Bruce Ledewitz
Con Law Limit Is Eroding, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Economic Review Is Up To The States, Bruce Ledewitz
Economic Review Is Up To The States, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Confession Law Isn't Necessary, Bruce Ledewitz
Confession Law Isn't Necessary, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz
The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz
Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.
Cardozo Law Review
No abstract provided.
On Preferences And Promises: A Response To Harsanyi, Donald H. Regan
On Preferences And Promises: A Response To Harsanyi, Donald H. Regan
Articles
John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I could …