Law Commons^™

January 10, 2017: The Public Trust Litigation, Bruce Ledewitz

Hallowed Secularism

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

January 5, 2017: Why Law Matters, The Presidential Transition, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Law Matters, the presidential transition“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 4, 2017: Is Secularism A Nonnegotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Secularism A Nonnegotiable Aspect of Liberal Constitutionalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz

Ledewitz Papers

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

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

Ledewitz Papers

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

Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz

Ledewitz Papers

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

La Personalidad Del Embrión: La Filosofía Ante Los Límites De La Imaginación, Richard Stith

Law Faculty Publications

No abstract provided.

Trust Me, I'M A Pragmatist: A Partially Pragmatic Critique Of Pragmatic Activism, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

Pragmatism is a robust philosophy, vernacular hand waiving, a method of judicial and administrative decisionmaking, and, more recently, justification for a certain type of political activism. While philosophical, judicial, and administrative pragmatism have garnered substantial attention and analysis from scholars, we have been much stingier with pragmatic activism — that which, in the spirit of the 21st Century’s 140-character limit, I will call “pragtivism.” This Article is intended as an introduction to pragtivism, a critique of the practice, and a constructive framework for addressing some of my critiques.

To highlight the contours of pragtivism, this Article tells the story of …

Postmodern Free Expression: A Philosophical Rationale For The Digital Age, Stephen M. Feldman

Marquette Law Review

Three philosophical rationales--search-for-truth, self-governance, and self-fulfillment--have animated discussions of free expression for decades. Each rationale emerged and attained prominence in American jurisprudence in specific political and cultural circumstances. Moreover, each rationale shares a foundational commitment to the classical liberal (modernist) self. But the three traditional rationales are incompatible with our digital age. IN particular, the idea of the classical liberal self enjoying maximum liberty in a private sphere does not fit in the postmodern information society. The time for a new rationale has arrived. The same sociocultural conditions that undermine the traditional rationales suggest a self-emergence rationale built on the …

Taxing Greed, Genevieve Tokić

Loyola of Los Angeles Law Review

Appeals to greed in support of various tax proposals are often seen in response to populist moods in politics. Such appeals may be used to garner political support for a policy or proposal. However, there has been little academic consideration of the role of greed (or attitudes towards greed) in the law, and in tax law in particular. This Article seeks to fill that gap by taking a close look at the concept of greed. In doing so, the Article first surveys the history of greed and its meaning, and draws on political philosophy and economic literature to provide a …

Popular Culture And Legal Pluralism: Narrative As Law. By Wendy A. Adams [Book Review], Dana Neacsu

Law Faculty Publications

Wendy Adams’ book is published in Routledge's “Law, Justice, and Power” series, edited by Austin Sarat. Like Sarat, Adams, who teaches law at McGill University, belongs to the school of "cultural studies of law". Thus, her writing is refreshingly cosmopolitan and interdisciplinary. Her project is to build a “legal narrative,” which is a framework for popular culture as law, where illegal acts could easily become re-imagined in an alternative legality. She argues that “legal texts originating with the state may well be of less significance in creating legal meaning in our lives than the representations of law in popular culture.”

Law As Instrumentality, Jeremiah A. Ho

All Faculty Scholarship

Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …

12/29/2016: Doing The Right Thing/Doing The Wrong Thing, Bruce Ledewitz

Hallowed Secularism

Blog post, “Doing the Right Thing/Doing the Wrong Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

12/25/2016: Christmas, 2016—Secular Hope, Bruce Ledewitz

Hallowed Secularism

Blog post, “Christmas, 2016—Secular Hope“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 20, 2016: Faithless Calls For Faithless Electors, Bruce Ledewitz

Hallowed Secularism

Blog post, “Faithless Calls for Faithless Electors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 17, 2016: I Don't Understand Charles Krauthammer, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Don't Understand Charles Krauthammer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 16, 2016: The Fed And The President Elect, Bruce Ledewitz

Hallowed Secularism

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

December 10, 2016: The Businessman’S Economy, Bruce Ledewitz

Hallowed Secularism

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

December 7, 2016: Mark Lilla Discovers The Necessity Of Truth, Bruce Ledewitz

Hallowed Secularism

Blog post, “Mark Lilla Discovers the Necessity of Truth“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 4, 2016: The Supreme Court And Politics, Bruce Ledewitz

Hallowed Secularism

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

November 30, 2016: More Paranoia: "Millions" Of Illegal Voters, Bruce Ledewitz

Hallowed Secularism

Blog post, “More Paranoia: "millions" of illegal voters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 27, 2016: Perfect Paranoia—-Jill Stein’S Recount, Bruce Ledewitz

Hallowed Secularism

Blog post, “Perfect Paranoia—-Jill Stein’s Recount“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 19, 2016: The Hypocrisy Of The Congressional Republican Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hypocrisy of the Congressional Republican Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 16, 2016: The End Of The Spritual Thirst For Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of the Spritual Thirst for Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 13, 2016: It Was Jobs, Heroin And Disconnection—Not Racism, Bruce Ledewitz

Hallowed Secularism

Blog post, “It Was Jobs, Heroin and Disconnection—Not Racism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 10, 2016: Don’T Forget That The Game Is Still Rigged, Bruce Ledewitz

Hallowed Secularism

Blog post, “Don’t Forget that the Game is Still Rigged“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 6, 2016: “Nobody Believes The Numbers Anyway", Bruce Ledewitz

Hallowed Secularism

Blog post, “Nobody Believes the Numbers Anyway“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 2, 2016: What Comey Did, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Comey Did“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 27, 2016: Republicans About To Practice Supreme Court Shutdown, Bruce Ledewitz

Hallowed Secularism

Blog post, “Republicans About to Practice Supreme Court Shutdown“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 20, 2016: Why Tolerate Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Tolerate Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.