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2012

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Articles 91 - 120 of 134

Full-Text Articles in Law and Philosophy

March 14, 2012: The Break-Up Of A Section, Bruce Ledewitz Mar 2012

March 14, 2012: The Break-Up Of A Section, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Break-Up of a Section“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz Mar 2012

March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Are Any Other Pro-Life People Outraged and Embarrassed?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 7, 2012: Guatemala, Bruce Ledewitz Mar 2012

March 7, 2012: Guatemala, Bruce Ledewitz

Hallowed Secularism

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


Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad Mar 2012

Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad

San Diego International Law Journal

This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …


February 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz Feb 2012

February 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz

Hallowed Secularism

Blog post, “Reasons for Confidence in the Future“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 24, 2012: The First Session Of The Conference, Bruce Ledewitz Feb 2012

February 24, 2012: The First Session Of The Conference, Bruce Ledewitz

Hallowed Secularism

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


February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz Feb 2012

February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz

Hallowed Secularism

Blog post, “Greetings From Sunny Malibu“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 19, 2012: End Of Religion Ii, Bruce Ledewitz Feb 2012

February 19, 2012: End Of Religion Ii, Bruce Ledewitz

Hallowed Secularism

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


February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz Feb 2012

February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Do Pacifists Have to Pay All Their Federal Taxes?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 9, 2012: The Year Of The Bible, Bruce Ledewitz Feb 2012

February 9, 2012: The Year Of The Bible, Bruce Ledewitz

Hallowed Secularism

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


February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz Feb 2012

February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “Time to Leave the Democratic Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz Feb 2012

February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Just the Beginning of the War on Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World, W. Robert Thomas Feb 2012

On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World, W. Robert Thomas

Michigan Law Review

The law has long recognized a presumption against criminal strict liability. This Note situates that presumption in terms of moral intuitions about the role of intention and the unique nature of criminal punishment. Two sources-recent laws from state legislatures and recent advances in moral philosophy-pose distinct challenges to the presumption against strict liability crimes. This Note offers a solution to the philosophical problem that informs how courts could address the legislative problem. First, it argues that the purported problem from philosophy stems from a mistaken relationship drawn between criminal law and morality. Second, it outlines a slightly more nuanced moral …


January 28, 2012: A New Marxism, Bruce Ledewitz Jan 2012

January 28, 2012: A New Marxism, Bruce Ledewitz

Hallowed Secularism

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


January 25, 2012: Who Is Ready To Be Secular?, Bruce Ledewitz Jan 2012

January 25, 2012: Who Is Ready To Be Secular?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Who is Ready to be Secular?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 22, 2012: Jesus Hopped The 'A' Train, Bruce Ledewitz Jan 2012

January 22, 2012: Jesus Hopped The 'A' Train, Bruce Ledewitz

Hallowed Secularism

Blog post, “Jesus Hopped the 'A' Train“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 21, 2012: One Market Under God, Bruce Ledewitz Jan 2012

January 21, 2012: One Market Under God, Bruce Ledewitz

Hallowed Secularism

Blog post, “One Market Under God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz Jan 2012

January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz

Hallowed Secularism

Blog post, “But Why Can’t People Just Practice a Scientific Way of Life?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 15, 2012: Visiting The Center For Inquiry, Bruce Ledewitz Jan 2012

January 15, 2012: Visiting The Center For Inquiry, Bruce Ledewitz

Hallowed Secularism

Blog post, “Visiting the Center for Inquiry“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 12, 2012: The New Foundations Of The Ministerial Exception, Bruce Ledewitz Jan 2012

January 12, 2012: The New Foundations Of The Ministerial Exception, Bruce Ledewitz

Hallowed Secularism

Blog post, “The New Foundations of the Ministerial Exception“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 10, 2012: The Ministerial Exception Must Be Put On New Foundations, Bruce Ledewitz Jan 2012

January 10, 2012: The Ministerial Exception Must Be Put On New Foundations, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Ministerial Exception Must be Put on New Foundations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz Jan 2012

January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz

Hallowed Secularism

Blog post, “ I Have a Soft Spot for Rick Santorum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 3, 2012: Jacques Berlinerblau’S Anti-Religion List, Bruce Ledewitz Jan 2012

January 3, 2012: Jacques Berlinerblau’S Anti-Religion List, Bruce Ledewitz

Hallowed Secularism

Blog post, “Jacques Berlinerblau’s anti-Religion List“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz Jan 2012

Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz

Ledewitz Papers

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


Robert Taylor, An Appreciation, Bruce Ledewitz Jan 2012

Robert Taylor, An Appreciation, Bruce Ledewitz

Ledewitz Papers

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


Feminist Legal Realism, Mae C. Quinn Jan 2012

Feminist Legal Realism, Mae C. Quinn

Journal Articles

This Article begins to rethink current conceptions of two of the most significant legal movements in this country1—Legal Realism and Feminist Jurisprudence. The story of Legal Realism has been retold for decades. Authors have dedicated countless books,2 law review articles,3 and blog posts4 to the subject. Legal and other scholars repeatedly have attempted to define better the movement and ascertain its adherents. Although the usual suspects— Karl Llewellyn, Roscoe Pound, and Jerome Frank—are almost always a part of the conversation, surprisingly few agree on the totality of Realism’s personage or parameters. The lists of those considered realists— and there are …


Grassroots Originalism: Rethinking The Politics Of Judicial Philosophy, Mary Ziegler Jan 2012

Grassroots Originalism: Rethinking The Politics Of Judicial Philosophy, Mary Ziegler

Scholarly Publications

How has originalism become so politically successful? In answering this question, leading scholarship has focused on the ways in which political leaders, judges, and lawyers have cultivated popular support for originalism. In one account, legal academics, politicians, and judges have explained the legal merits of originalism as a method of interpretation: its political neutrality and its democratic legitimacy. In a second version, political leaders—in particular, the Reagan Administration and the judges it nominated—made apparent that originalism would often produce outcomes that social conservatives found satisfactory. With some exceptions, leading studies primarily address the contributions made by elites to rhetoric about …


The Mutability Of Public Reason, Chad Flanders Jan 2012

The Mutability Of Public Reason, Chad Flanders

All Faculty Scholarship

Rawls's “public reason” has not been without its critics. One criticism is that public reason is “conservative.” Public reason must rely on those beliefs that are “widely shared” among citizens. But if public reason relies on widely shared beliefs, how can it change without departing from those beliefs, thus violating public reason? In part one of my essay, I introduce the conservatism objection and describe two unsatisfactory responses to it. Part two argues that there are aspects of public reason which diminish the force of the conservatism objection: first, that public reason is historical, and second, that it is mutable.


Two And A Half Ethical Theories: Re-Examining The Foundations Of The Carnegie Report, Mark F. Kightlinger Jan 2012

Two And A Half Ethical Theories: Re-Examining The Foundations Of The Carnegie Report, Mark F. Kightlinger

Law Faculty Scholarly Articles

In the past three years, the American Bar Association, several major state bar associations, the Association of American Law Schools, the New York Times, law students, and many legal educators have called for fundamental changes in the way we educate new lawyers. Some critics have suggested that legal education faces a crisis that will be exacerbated by rising tuitions, declining enrollments, and a precipitous drop in the demand for new lawyers. Most of those calling for change have relied on the critical analysis of modem legal education presented in a 2007 report by the Carnegie Foundation for the Advancement …


Law Among The Sight Lovers, Francis J. Mootz Iii Jan 2012

Law Among The Sight Lovers, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.