Open Access. Powered by Scholars. Published by Universities.®

Law and Philosophy Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 1661

Full-Text Articles in Law and Philosophy

No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz Jan 2024

No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz

Ledewitz Papers

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


Notes, Papers, And Manuscripts - Robert Taylor/Bruce Ledewitz Collection, Bruce Ledewitz, Robert Taylor Jan 2024

Notes, Papers, And Manuscripts - Robert Taylor/Bruce Ledewitz Collection, Bruce Ledewitz, Robert Taylor

Ledewitz Papers

A collection of notes, articles, manuscripts produced by Robert Taylor and Bruce Ledewitz during their decade-long collaboration.


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

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 …


Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz Aug 2023

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 Jul 2023

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 Jul 2023

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 Jun 2023

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 Jun 2023

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 Jun 2023

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.


If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz May 2023

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 May 2023

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.


The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz Apr 2023

The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz

Newspaper Columns

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


Applying Bentham's Theory Of Fallacies To Chief Justice Roberts' Reasoning In West Virginia V. Epa, Dana Neacsu Apr 2023

Applying Bentham's Theory Of Fallacies To Chief Justice Roberts' Reasoning In West Virginia V. Epa, Dana Neacsu

Law Faculty Publications

This essay summarizes the Court’s decision in West Virginia v. EPA. It also analyzes Chief Justice Robert’s reasoning and addresses the case’s flaws from two perspectives. It references the Court’s decision connecting it to the so-called New Deal Cases, because in both Panama Refining Co. v. Ryan, and West Virginia v. EPA, the Court accepted to review a lower court’s decision about a non-existent regulation. In 1935, the governmental kerfuffle was due to a lack of regulatory transparency; the Federal Register had yet to be established. This essay’s analysis incorporates Jeremy Bentham’s 1809 work on two classes of fallacies, authority …


The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz Apr 2023

The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz

Ledewitz Papers

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


With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz Apr 2023

With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz

Newspaper Columns

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


What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz Mar 2023

What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz

Newspaper Columns

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


The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz Mar 2023

The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz

Newspaper Columns

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


What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz Feb 2023

What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz

Newspaper Columns

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


Why I Am No Longer A Jew, Bruce Ledewitz Feb 2023

Why I Am No Longer A Jew, Bruce Ledewitz

Ledewitz Papers

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


By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz Feb 2023

By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz

Newspaper Columns

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


If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz Jan 2023

If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz

Newspaper Columns

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


On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz Jan 2023

On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz

Newspaper Columns

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


An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz Jan 2023

An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz

Ledewitz Papers

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


The Openness Of Talmud, Bruce Ledewitz Jan 2023

The Openness Of Talmud, Bruce Ledewitz

Ledewitz Papers

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


Rooted: Metaphors And Judicial Philosophy In Artis V. District Of Columbia, Richard L. Heppner Jr. Jan 2023

Rooted: Metaphors And Judicial Philosophy In Artis V. District Of Columbia, Richard L. Heppner Jr.

Law Faculty Publications

This article examines how the metaphors in judicial opinions reveal judicial theories of lawmaking and judicial philosophies, through a close reading of Justice Ginsburg’s majority opinion and Justice Gorsuch’s dissenting opinion in the Artis v. District of Columbia, 138 S. Ct. 594 (2018).

Artis was about what the phrase “shall be tolled” means in the federal supplemental jurisdiction statute, 28 U.S.C. §1367. Does a state-law claim’s statute of limitations pause or continue to run while the claim is in federal court? In holding that Congress used “stop the clock” tolling, an “off-the-shelf” legal device that pauses statute of limitations, …


Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz Dec 2022

Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz

Newspaper Columns

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


The One Good Thing About The Independent State Legislature Theory, Bruce Ledewitz Dec 2022

The One Good Thing About The Independent State Legislature Theory, Bruce Ledewitz

Newspaper Columns

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


Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz Dec 2022

Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz

Newspaper Columns

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


When It Comes To Prosecuting Trump, Merrick Garland Needs To Decide Already, Bruce Ledewitz Nov 2022

When It Comes To Prosecuting Trump, Merrick Garland Needs To Decide Already, Bruce Ledewitz

Newspaper Columns

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


The Midterms Were Good News For Dems, But Even Better News For The Country, Bruce Ledewitz Nov 2022

The Midterms Were Good News For Dems, But Even Better News For The Country, Bruce Ledewitz

Newspaper Columns

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