Law Commons^™

January 26, 2014: How The Christian Story Works, Bruce Ledewitz

Hallowed Secularism

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

January 21, 2014: Is Evil Real?, Bruce Ledewitz

Hallowed Secularism

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

January 17, 2014: Barth, The Jews And The Crucifixion, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Barth, the Jews and the Crucifixion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 12, 2014: The God Belief Of Martin Gardner, Bruce Ledewitz

Hallowed Secularism

Blog post, “The God Belief of Martin Gardner“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 10, 2014: Conservative Hypocrisy On Free Speech, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Conservative Hypocrisy on Free Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 2, 2014: Happy New Year From The Train, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy New Year From the Train“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz

Ledewitz Papers

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

The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz

Ledewitz Papers

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

Climate Change Triage, Noah M. Sachs

Law Faculty Publications

Climate change is the first global triage crisis. It is caused by the overuse of a severely limited natural resource—the atmosphere’s capacity to absorb greenhouse gases—and millions of lives depend on how international law allocates this resource among nations.

This Article is the first to explore solutions for climate change mitigation through the lens of triage ethics, drawing on law, philosophy, moral theory, and economics. The literature on triage ethics—developed in contexts such as battlefield trauma, organ donation, emergency medicine, and distribution of food and shelter—has direct implications for climate change policy and law, yet it has been overlooked by …

December 30, 2013: The Moral Universe, Bruce Ledewitz

Hallowed Secularism

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

An Opinion For The Ages, Bruce Ledewitz

Ledewitz Papers

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

December 25, 2013: The Future Of The Secular Outlook, Bruce Ledewitz

Hallowed Secularism

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

December 21, 2013: Donald Rumsfeld And The Banality Of Evil, Bruce Ledewitz

Hallowed Secularism

Blog post, “Donald Rumsfeld and the Banality of Evil“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 15, 2013: Self Actualization Is Sin, Bruce Ledewitz

Hallowed Secularism

Blog post, “Self Actualization Is Sin“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 8, 2013: President Obama In The Sweet Spo, Bruce Ledewitz

Hallowed Secularism

Blog post, “President Obama in the Sweet Spo“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 4, 2013: God Again, Or, Am I An Atheist?, Bruce Ledewitz

Hallowed Secularism

Blog post, “God Again, Or, Am I an Atheist?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 28, 2013: The Theology Of The Disappearance Of Thanksgiving, Bruce Ledewitz

Hallowed Secularism

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

Stretching Religious Liberty, Bruce Ledewitz

Ledewitz Papers

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

November 20, 2013: God Is Not A Supernatural Thing, Bruce Ledewitz

Hallowed Secularism

Blog post, “God is not a Supernatural Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 16, 2013: The Mythical Elements Of The Bible, Bruce Ledewitz

Hallowed Secularism

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

November 13, 2013: Huffington Post Blog Entry On Legislative Prayer, Bruce Ledewitz

Hallowed Secularism

Blog post, “Huffington Post Blog Entry on Legislative Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 8, 2013: Legislative Prayer, Bruce Ledewitz

Hallowed Secularism

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

Fuller And Godel: Prophets Against The Evils Of Positivism: How The Natural Law Is Necessary To Provide Legal Meaning And Consistency, Henry James Garon

LLM Theses

Gödel showed that formal systems which discuss natural numbers cannot be complete or prove their own consistency. Incompleteness in this sense is limited to formal systems, and so is not applicable to law by it own terms.

Looking to the philosophy behind the Incompleteness Theorem, Gödel intended to show that positivism was a bankrupt world-view, and this resonates strongly with Lon Fuller. Fuller is analogous to Gödel in his condemnation of the positivist philosophy because he showed that a system of rules, by itself, was not capable of rendering judgments. A legal system is dependent upon an external morality, but …

November 3, 2013: Ronald Dworkin's Confusion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ronald Dworkin's Confusion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 31, 2013: Hypocrisy Over Turkey, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hypocrisy over Turkey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 26, 2013: In God We Trust In The Public Schools, Bruce Ledewitz

Hallowed Secularism

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

October 18, 2013: One Cheer For John Boehner, Bruce Ledewitz

Hallowed Secularism

Blog post, “One Cheer for John Boehner“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 5, 2013: Break From Blogging, Bruce Ledewitz

Hallowed Secularism

Blog post, “Break from Blogging“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 2, 2013: The Sharing Economy, Bruce Ledewitz

Hallowed Secularism

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

Unseating Privilege: Rawls, Equality Of Opportunity, And Wealth Transfer Taxation, Jennifer Bird-Pollan

Law Faculty Scholarly Articles

This Article is the second in a series that examines the estate tax from a particular philosophical position in order to demonstrate the relevance and importance of the wealth transfer taxes to that position. In this Article, I explore Rawlsian equality of opportunity, a philosophical position that is at the heart of much American thought. Equality of opportunity requires not only ensuring that sufficient opportunities are available to the least well-off members of society but also that opportunities are not available to other members merely because of their wealth or other arbitrary advantages. Therefore, an income tax alone, even one …