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Articles 601 - 630 of 829

Full-Text Articles in Law and Philosophy

A Cosmopolitan Church Confronts Right-Wing Populism, Vincent Rougeau Oct 2017

A Cosmopolitan Church Confronts Right-Wing Populism, Vincent Rougeau

Seattle University Law Review

Are all human beings of equal moral worth? If so, does this proposition generate moral obligations to others that transcend national and cultural boundaries? Cosmopolitans would answer yes to each of these questions, as would Pope Francis and Catholic Social Teaching (CST). Given our interconnected economic system, a global perspective on justice is not only pragmatic but also morally essential. In recent years, however, what had been an emerging consensus centered on a cosmopolitan view of the reciprocal responsibilities of nations has been stifled by a rising tide of nationalism and right-wing populism. As a right-wing populist leader of a …


Social Justice And The American Law School Today: Since We Are Made For Love, Michael Kaufman Oct 2017

Social Justice And The American Law School Today: Since We Are Made For Love, Michael Kaufman

Seattle University Law Review

This Article is intended to facilitate that new dialogue by finding a series of profound provocations in the Pope’s teachings. First, the Pope provokes us to consider whether our existing education and economic systems are based on an incomplete understanding of human nature.5 The first section contends that the understanding that human beings are by nature competitive and consumptive wealth maximizers is not only contrary to the Pope’s teachings but also contrary to the latest research in the fields of neuroscience, neuro-psychology, cognitive psychology, educational psychology, economics, and behavioral economics. Second, the Pope provokes us to consider whether our existing …


A Critique Of Pope Francis’S Laudato Si’, Nicholas Capaldi Oct 2017

A Critique Of Pope Francis’S Laudato Si’, Nicholas Capaldi

Seattle University Law Review

This is a critique of Pope Francis’s encyclical Laudato si’. The author summarizes and examines Pope Francis’s description of the problem, analysis of the roots of the problem, and proposed solution of the problem within the context of the Roman Catholic tradition. The author concludes that the encyclical abandons rigorous argument, as it lists complaints without offering substantive alternatives.


Mercy Versus Fear, Or Where The Law On Migration Stands, Gilbert Paul Carrasco, Iryna Zaverukha Oct 2017

Mercy Versus Fear, Or Where The Law On Migration Stands, Gilbert Paul Carrasco, Iryna Zaverukha

Seattle University Law Review

The theme of this Article contrasts the perspective of Papa Francisco on the subject of migration, juxtaposing his blueprint of mercy as the point of departure, with the oppositional resistance, which is based on various dimensions of fear. This perspective will be contextualized within the framework of both American immigration law and within the parameters of international human rights and transnational migration. Part I of this Article will consider the paradigm of mercy and fear in light of the various provisions of federal American immigration law in their historical context. It will recount many of the restrictive and nativist episodes …


The Teachings Of Pope Francis Symposium: Toward A Common Good For Our Common Home, Steven W. Bender Oct 2017

The Teachings Of Pope Francis Symposium: Toward A Common Good For Our Common Home, Steven W. Bender

Seattle University Law Review

Prompted by the teachings of Pope Francis conveyed through such writings as the Evangelii gaudium and Laudato si’, the symposium—titled The Teachings of Pope Francis: Towards a Vision of Social Justice and Sustainable Capitalism?—brought an impressive and diverse array of interdisciplinary scholars to Seattle University School of Law in February 2017. Speakers included economists, law professors, and theologians with a wide array of expertise on daunting policy issues facing the Global South and North. Fittingly, a Jesuit law school with a diverse faculty hosted the symposium centering, critiquing, and expanding the teachings of the first Jesuit Pope. Many of our …


Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez Oct 2017

Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez

Seattle University Law Review

The first part of this Article will synthesize the key teachings of Pope Francis from his most important statements on economic structures and social justice and situate these teachings within contemporary economic realities and traditional social justice teachings. Part II of this Article will demonstrate that the Pope’s teachings on social justice fundamentally reflect the best learning from economists on how to sustain economic growth. Part III of this Article will show that nations that undertake policies to pursue the fundamental tenets of the Pope’s teachings (such as minimizing childhood poverty) also perform the best in achieving high human development …


The Fault In Legal Ethics, Anthony T. Kronman Oct 2017

The Fault In Legal Ethics, Anthony T. Kronman

Dickinson Law Review (2017-Present)

No abstract provided.


“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate Oct 2017

“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate

Dickinson Law Review (2017-Present)

No abstract provided.


Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz Jul 2017

Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz

Ledewitz Papers

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


‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz Jul 2017

‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz

Ledewitz Papers

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


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins Jul 2017

It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz Mar 2017

Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz

Ledewitz Papers

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


Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz Jan 2017

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 Jan 2017

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 Jan 2017

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.


The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber Apr 2016

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Richard A. Falk Apr 2016

The Place Of Policy In International Law, Richard A. Falk

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Oscar Schachter Apr 2016

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


The United Nations And Collective Security: Some Normative And Empirical Considerations, Corey D. Schou Apr 2016

The United Nations And Collective Security: Some Normative And Empirical Considerations, Corey D. Schou

Georgia Journal of International & Comparative Law

No abstract provided.


Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba Apr 2016

Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba

Georgia Journal of International & Comparative Law

No abstract provided.


International Law From A Functional Perspective, Michael Barkun Apr 2016

International Law From A Functional Perspective, Michael Barkun

Georgia Journal of International & Comparative Law

No abstract provided.


Resisting Commercialism, Rakesh K. Anand Mar 2016

Resisting Commercialism, Rakesh K. Anand

Fordham Urban Law Journal

No abstract provided.


Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street, Zephyr Teachout Mar 2016

Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street, Zephyr Teachout

Fordham Urban Law Journal

No abstract provided.


The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz Jan 2016

The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz

Ledewitz Papers

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


The Five Days In June When Values Died In American Law, Bruce Ledewitz Jan 2016

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

Ledewitz Papers

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


Toward A Political Theory For Private International Law, John Linarelli Jan 2016

Toward A Political Theory For Private International Law, John Linarelli

Scholarly Works

Private international law presents a dilemma for legal and political philosophy. Legal and political philosophers have ignored private international law, with only a few scattered attempts to evaluate its claims. Private international law offers a powerful set of counterexamples that put into serious doubt attempts to link law’s authority only or primarily to relationships between states and citizens. No society, state, or other practice-mediated relationship can serve as grounds for the authority of private international law to persons to whom it applies but who are outside of such relationships. Private international law affects the normative situations of persons entirely outside …


Fighting Over The Conservative Banner, Carl Bogus Jan 2016

Fighting Over The Conservative Banner, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee Jan 2016

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …


Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier Jan 2016

Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier

Pomona Senior Theses

The purpose of this thesis is to examine the history behind and the use of militarized drones in modern day conflicts, and to conclude whether the use of these machines, with special attention to the United States, is legal, ethical, and morally defensible. In achieving the aforementioned goals, shortcomings of current policy surrounding drone warfare will be highlighted, acting as the catalyst for a proposal for changes to be made to better suit legal, ethical, and moral considerations. The proposal of a policy to help us work with armed drones is due to the fact that this thesis acknowledges that …