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Articles 121 - 150 of 181
Full-Text Articles in Law and Philosophy
The Theory Of Fields And Its Application To Corporate Governance, Neil Fligstein
The Theory Of Fields And Its Application To Corporate Governance, Neil Fligstein
Seattle University Law Review
My goal here is twofold. First, I want to introduce the theory of strategic action fields to the law audience. The main idea in field theory in sociology is that most social action occurs in social arenas where actors know one another and take one another into account in their action. Scholars use the field construct to make sense of how and why social orders emerge, reproduce, and transform. Underlying this formulation is the idea that a field is an ongoing game where actors have to understand what others are doing in order to frame their actions. Second, I want …
Agency Theory As Prophecy: How Boards, Analysts, And Fund Managers Perform Their Roles, Jiwook Jung, Frank Dobbin
Agency Theory As Prophecy: How Boards, Analysts, And Fund Managers Perform Their Roles, Jiwook Jung, Frank Dobbin
Seattle University Law Review
In 1976, Michael Jensen and William Meckling published a paper reintroducing agency theory that explained how the modern corporation is structured to serve dispersed shareholders. They purported to describe the world as it exists but, in fact, they described a utopia, and their piece was read as a blueprint for that utopia. We take a page from the sociology of knowledge to argue that, in the modern world, economic theories function as prescriptions for behavior as much as they function as descriptions. Economists and management theorists often act as prophets rather than scientists, describing the world not as it is, …
March 7, 2016: Bill Mckibben Proves Me Right On Campaign Finance, Though He Probably Doesn’T Agree, Bruce Ledewitz
March 7, 2016: Bill Mckibben Proves Me Right On Campaign Finance, Though He Probably Doesn’T Agree, Bruce Ledewitz
Hallowed Secularism
Blog post, “Bill McKibben Proves Me Right on Campaign Finance, Though He Probably Doesn’t Agree“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 5, 2016:Will Negative Ads And So Forth Hurt Trump?, Bruce Ledewitz
March 5, 2016:Will Negative Ads And So Forth Hurt Trump?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Will Negative Ads and so forth Hurt Trump?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 27, 2016: Democratic Experimentalism And The Other Beginning, Bruce Ledewitz
February 27, 2016: Democratic Experimentalism And The Other Beginning, Bruce Ledewitz
Hallowed Secularism
Blog post, “Democratic Experimentalism and the Other Beginning“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 21, 2016: So How Come Trump Is Still Around?, Bruce Ledewitz
February 21, 2016: So How Come Trump Is Still Around?, Bruce Ledewitz
Hallowed Secularism
Blog post, “So How Come Trump is Still Around?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 16, 2016:Does The Constitution Protect The Right To Have More Than One Child?, Bruce Ledewitz
February 16, 2016:Does The Constitution Protect The Right To Have More Than One Child?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Does the Constitution Protect the Right to Have More than One Child?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 14, 2016: Was Scalia A Great Justice?, Bruce Ledewitz
February 14, 2016: Was Scalia A Great Justice?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Was Scalia a Great Justice?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 10, 2016: Is Trump Back? No. But What About Clinton?, Bruce Ledewitz
February 10, 2016: Is Trump Back? No. But What About Clinton?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Trump Back? No. But What About Clinton?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 4, 2016: Is This Weimar?, Bruce Ledewitz
February 4, 2016: Is This Weimar?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is This Weimar?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 3, 2016: Is Trump Going To Be The Gop Nominee?, Bruce Ledewitz
February 3, 2016: Is Trump Going To Be The Gop Nominee?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Trump Going to be the GOP Nominee?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 30, 2016: Journalism Under Attach—Again, Bruce Ledewitz
January 30, 2016: Journalism Under Attach—Again, Bruce Ledewitz
Hallowed Secularism
Blog post, “Journalism Under Attach—Again“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 27, 2016: The End Of Trump, Bruce Ledewitz
January 27, 2016: The End Of Trump, Bruce Ledewitz
Hallowed Secularism
Blog post, “The End of Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 27, 2016: Don’T Fight Mistrust; Deepen It, Bruce Ledewitz
January 27, 2016: Don’T Fight Mistrust; Deepen It, Bruce Ledewitz
Hallowed Secularism
Blog post, “Don’t Fight Mistrust; Deepen It“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 24, 2016: Secular Rites, Bruce Ledewitz
January 24, 2016: Secular Rites, Bruce Ledewitz
Hallowed Secularism
Blog post, “Secular Rites“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The New Eliminativism, Michael S. Green
January 17, 2016: The Push Back Against Ending Campaign Contribution Limits, Bruce Ledewitz
January 17, 2016: The Push Back Against Ending Campaign Contribution Limits, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Push Back Against Ending Campaign Contribution Limits“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 9, 2016: Lessons From New York, Bruce Ledewitz
January 9, 2016: Lessons From New York, Bruce Ledewitz
Hallowed Secularism
Blog post, “Lessons from New York“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 3, 2016: Is Life Inherently Tragic?, Bruce Ledewitz
January 3, 2016: Is Life Inherently Tragic?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Life Inherently Tragic?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 2, 2017: This Is What Happens When You Vote Republican, Bruce Ledewitz
January 2, 2017: This Is What Happens When You Vote Republican, Bruce Ledewitz
Hallowed Secularism
Blog post, “This is What Happens When You Vote Republican“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz
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.
Justice Scalia And The Rule Of Law: Originalism Vs. The Living Constitution, Richard F. Duncan
Justice Scalia And The Rule Of Law: Originalism Vs. The Living Constitution, Richard F. Duncan
Nebraska College of Law: Faculty Publications
Justice Antonin Scalia's sudden death in February, 2016, was a great loss for his family, a great loss for his friends, and a great loss for the "Written Constitution" of the United States of America. We will have no more of his brilliant, witty, and pugnacious judicial opinions. Instead, we will have to settle for the body of work he left behind as his legacy. But, as one commentator has said, his opinions are "so consistent, so powerful, and so penetrating in their devotion to the rule of law"—the real rule of law, not the political decrees of judges creating …
The Privatization Of Law & The Weakening Of Private Right, Jeffrey Kleeger
The Privatization Of Law & The Weakening Of Private Right, Jeffrey Kleeger
University of Baltimore Journal of Land and Development
Law promises much but does not always deliver. It promises due process, equal protection, equity, and personal autonomy—but many individuals leave litigation uncured. The trend in recent years has been increasing privatization of law coupled with diminution of private right. This paper explores ways to secure private rights despite privatization of law by enhancing the rigor of judicial review of state action. Law is one of several social systems operating in an environment of limited resources. Access to oil and gas is, today, more controversial, difficult, and expensive than ever before because of increased environmental regulations created under the Obama …
The Five Days In June When Values Died In American Law, Bruce Ledewitz
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.
Introduction To Law In Literature And Philosophy, Joseph P. Tomain
Introduction To Law In Literature And Philosophy, Joseph P. Tomain
Faculty Articles and Other Publications
As the title indicates, this is an Introductory Memorandum for a course entitled: Law In Literature and Philosophy. The memorandum begins to explore the themes of the course more particularly it explores the relationships between and among law, literature, and philosophy by posing questions such as: Is the intersection of law and literature limited to stories about law and methods of interpretation? Or is law and literature a movement to reclaim law as part of the humanities rather than as a social science such as economics as Judge Posner questions? Or, does literature, as Professor Martha Nussbaum has written, help …
Distributive Justice And Contract Law: A Hohfeldian Analysis, Marco Jimenez
Distributive Justice And Contract Law: A Hohfeldian Analysis, Marco Jimenez
Florida State University Law Review
According to Aristotle, justice consists of giving each person his due: equal members of society should be treated equally, and unequal members, unequally. This justice, in turn, comes in two flavors: distributive and corrective. Distributive justice—which has as its purview society at large—is concerned with distributing society's shares to individuals according to merit. Whereas, the purview of corrective justice concerns voluntary (e.g., contracts) and involuntary (e.g., torts) transactions, and it seeks to rectify unjust alterations in the distributive scheme by returning the parties to the position they occupied before the distributive scheme was altered, which is to say, before a …
Politically Correct Eugenics, Seema Mohapatra
Politically Correct Eugenics, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Health Theater, Govind Persad
Health Theater, Govind Persad
Sturm College of Law: Faculty Scholarship
"Security theater" has been defined as an effort to "provide the feeling of security instead of the reality. " The concept of security theater has been discussed in both the popular press and academic literature, but has not yet entered health law. This project suggests that a parallel category of "health theater" picks out a set ofpractices in medical screening and health care delivery that provide a mere simulacrum ofprotection against medical risk, rather than providing genuine medical benefit. Part I summarizes some of the distinctive advantages and disadvantages of health and security theater. Like security theater, health theater frequently …
Sufficiency, Comprehensiveness Of Healthcare Coverage And Cost-Sharing Arrangements In The Realpolitik Of Health Policy, Govind Persad, Harald Schmidt
Sufficiency, Comprehensiveness Of Healthcare Coverage And Cost-Sharing Arrangements In The Realpolitik Of Health Policy, Govind Persad, Harald Schmidt
Sturm College of Law: Faculty Scholarship
This chapter explores two questions in detail: How should we determine the threshold for costs that individuals are asked to bear through insurance premiums or care-related out-of-pocket costs, including user fees and copayments? and What is an adequate relationship between costs and benefits? This chapter argues that preventing impoverishment is a morally more urgent priority than protecting households against income fluctuations, and that many health insurance plans may not adequately protect individuals from health care costs that threaten to drop their financial status below a decent minimum. A design that places greater emphasis on preventing impoverishment and finances the achievement …
Law, Science, And The Injured Mind, Govind Persad
Law, Science, And The Injured Mind, Govind Persad
Sturm College of Law: Faculty Scholarship
Even while we widely recognize legal liability for physical injury, we frequently discount mental, emotional, and psychological injury. We disfavor tort liability for emotional distress; we prohibit prisoners from suing for purely psychological injuries; and we tax the damages victims of emotional injury receive even while leaving damages for physical injury untaxed. This Article argues that neuroscientific, psychological, and technological advances challenge our traditional ideas about the set of injuries that are possible and that merit legal redress. The Article goes on to contend that, while these advances challenge our traditional ideas, they do not inevitably overturn traditional distinctions within …