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Articles 31 - 60 of 181
Full-Text Articles in Law and Philosophy
Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher
Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher
Maryland Law Review Online
No abstract provided.
Multifactoral Free Speech, Alexander Tsesis
Multifactoral Free Speech, Alexander Tsesis
Northwestern University Law Review
This Article presents a multifactoral approach to free speech analysis. Difficult cases present a variety of challenges that require judges to weigh concerns for the protection of robust dialogue, especially about public issues, against concerns that sound in common law (such as reputation), statutory law (such as repose against harassment), and in constitutional law (such as copyright). Even when speech is implicated, the Court should aim to resolve other relevant individual and social issues arising from litigation. Focusing only on free speech categories is likely to discount substantial, and sometimes compelling, social concerns warranting reflection, analysis, and application. Examining the …
The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent, Neil S. Siegel
The Distinctive Role Of Justice Samuel Alito: From A Politics Of Restoration To A Politics Of Dissent, Neil S. Siegel
Faculty Scholarship
Justice Samuel Alito is regarded by both his champions and his critics as the most consistently conservative member of the current Supreme Court. Both groups seem to agree that he has become the most important conservative voice on the Court. Chief Justice John Roberts has a Court to lead; Justice Antonin Scalia and his particular brand of originalism have passed on; Justice Clarence Thomas is a stricter originalist and so writes opinions that other Justices do not join; and Justice Anthony Kennedy can be ideologically unreliable. Justice Alito, by contrast, is unburdened by the perceived responsibilities of being Chief Justice, …
September 29, 2016: A Nihilistic Election, Bruce Ledewitz
September 29, 2016: A Nihilistic Election, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Nihilistic Election“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 22, 2016: An Open Letter To Fred Barnes, Bruce Ledewitz
September 22, 2016: An Open Letter To Fred Barnes, Bruce Ledewitz
Hallowed Secularism
Blog post, “An Open Letter to Fred Barnes“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 21, 2016: You Have A Moral Obligation To Vote For Hillary Clinton, Bruce Ledewitz
September 21, 2016: You Have A Moral Obligation To Vote For Hillary Clinton, Bruce Ledewitz
Hallowed Secularism
Blog post, “You Have a Moral Obligation to Vote for Hillary Clinton“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 14, 2016: Moral Relativism In Its Most Base Form”, Bruce Ledewitz
September 14, 2016: Moral Relativism In Its Most Base Form”, Bruce Ledewitz
Hallowed Secularism
Blog post, “Moral relativism in its most base form”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 6, 2016: Is Secularism Doomed To Superficiality And An Incapacity To Sustain The Human Spirit?, Bruce Ledewitz
September 6, 2016: Is Secularism Doomed To Superficiality And An Incapacity To Sustain The Human Spirit?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Secularism Doomed to Superficiality and an Incapacity to Sustain the Human Spirit?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi
Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi
PhD Dissertations
This thesis asks does existence need to be regulated by the State? The answer relies on legal anarchism, an interdisciplinary, particularly criminal law and philosophy, and unconventional research project based on multiple methodologies with a specific language. It critically analyzes and consequently rejects State law because of its unjustified and unnecessary nature founded on unlimited violence and white-collar crime (Chapters 1-4), on the one hand, and suggests some alternatives to the Governmental legal system founded on agreement and peace (Chapter 5), on the other hand. It furthermore takes into account the elements of time and space, which means the ecological, …
Postracial Remedies, Derrick Darby, Richard E. Levy
Postracial Remedies, Derrick Darby, Richard E. Levy
University of Michigan Journal of Law Reform
The Supreme Court’s equal protection jurisprudence is decidedly postracial. The Court has restricted the Equal Protection Clause to intentional discrimination by the government, concluding that the Constitution does not prohibit private acts of discrimination and rejecting challenges based on disparate impact, even when rigorous statistical analysis indicates that race is likely a factor. It has held that remedying the effects of past societal discrimination is an insufficient basis for race-specific remedies such as affirmative action. It has also ended remedies of this sort designed to combat previous state-sponsored racial discrimination, such as court-ordered desegregation measures in the schools and the …
August 30, 2016: Ben-Hur, Done That, Bruce Ledewitz
August 30, 2016: Ben-Hur, Done That, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ben-Hur, Done That“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 26, 2016: The Murder Rate Is Down, Bruce Ledewitz
August 26, 2016: The Murder Rate Is Down, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Murder Rate is Down“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 18, 2016: America Would Not Ban The Burkini, Bruce Ledewitz
August 18, 2016: America Would Not Ban The Burkini, Bruce Ledewitz
Hallowed Secularism
Blog post, “America Would Not Ban the Burkini“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 15, 2016: The Hottest July In Recorded History, Bruce Ledewitz
August 15, 2016: The Hottest July In Recorded History, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Hottest July in Recorded History“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 10, 2016: What They’Re Doing To Bill Mckibben, Bruce Ledewitz
August 10, 2016: What They’Re Doing To Bill Mckibben, Bruce Ledewitz
Hallowed Secularism
Blog post, “What They’re Doing to Bill McKibben“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 3, 2016: And One More Thing-The Candidates Are Too Old, Bruce Ledewitz
August 3, 2016: And One More Thing-The Candidates Are Too Old, Bruce Ledewitz
Hallowed Secularism
Blog post, “And One More Thing-The Candidates Are Too Old“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 31, 2016: It’S Materialism, Bruce Ledewitz
July 31, 2016: It’S Materialism, Bruce Ledewitz
Hallowed Secularism
Blog post, “It’s Materialism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 25, 2016: Trump, Bruce Ledewitz
July 25, 2016: Trump, Bruce Ledewitz
Hallowed Secularism
Blog post, “Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 21, 2016: Lessons From My Uncle’S Funeral, Bruce Ledewitz
July 21, 2016: Lessons From My Uncle’S Funeral, Bruce Ledewitz
Hallowed Secularism
Blog post, “Lessons from My Uncle’s Funeral“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Death Penalty In Traditional China, Chin Kim, Theodore R. Leblang
The Death Penalty In Traditional China, Chin Kim, Theodore R. Leblang
Georgia Journal of International & Comparative Law
No abstract provided.
July 16, 2016: The Future Of Democracy In The Islamic World, Bruce Ledewitz
July 16, 2016: The Future Of Democracy In The Islamic World, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Future of Democracy in the Islamic World“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 8, 2016: Lack Lives Matter So Much That The Police Are Needed, Bruce Ledewitz
July 8, 2016: Lack Lives Matter So Much That The Police Are Needed, Bruce Ledewitz
Hallowed Secularism
Blog post, “Black Lives Matter So Much that the Police are Needed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 2, 2016: Home And My Uncle William’S Funeral, Bruce Ledewitz
July 2, 2016: Home And My Uncle William’S Funeral, Bruce Ledewitz
Hallowed Secularism
Blog post, “Home and My Uncle William’s Funeral“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Puzzling Out Law's Person, David A. Wishart
Puzzling Out Law's Person, David A. Wishart
Indiana Journal of Global Legal Studies
How is the person to be conceptualized in law? Is it subject or object, what is its ontology and teleology? These are old questions, but ones newly raised by changing ideas of the province of the state, technology, and the extension of legality. Examples include the protection of the fetus in utero; contractualization of relationships, including those of welfare; the regulation of intimacy; the idea of government business; interventions in the business of the firm; and challenges to legal entitihood as constructing personhood. Much discussion of these is incommensurable in terms of place, culture, and discipline. This article ventures a …
Tinjauan Filosofis Dan Teoritis Penggunaan Hukum Acara Hir/Rbg Dalam Penyelesaian Sengketa Waris Di Pengadilan Agama, Domiri -
Jurnal Hukum & Pembangunan
Act of the Republic of Indonesia, Number 7 Year 1989, Chapter 54 states that· the general procedural law in Religious Courts is HIRIRBG. HIRIRBG is sourced from western civil law, so that in resolving all matters which are under its authority, Religious Courts conducted general procedural law of HIRIRBG sourced from western civil law, including in resolving inheritance disputes. Therefore, the procedural law of inheritance in Religious Courts which the material law sourced from islamic law would be equated with the western civil law which its material law was …
June 28, 2016: Humans Will Walk On Mars In The Century, Bruce Ledewitz
June 28, 2016: Humans Will Walk On Mars In The Century, Bruce Ledewitz
Hallowed Secularism
Blog post, “Humans Will Walk On Mars in the Century“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 22, 2016: Purposeful Obfuscation On Gun Control, Bruce Ledewitz
June 22, 2016: Purposeful Obfuscation On Gun Control, Bruce Ledewitz
Hallowed Secularism
Blog post, “Purposeful Obfuscation on Gun Control“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Complainant-Oriented Approach To Unconscionability And Contract Law, Nicholas Cornell
A Complainant-Oriented Approach To Unconscionability And Contract Law, Nicholas Cornell
Articles
This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a valid complaint. This Article illustrates the importance of this conceptual distinction by focusing first on the doctrine of substantive unconscionability. I …
June 16, 2016: How Heller Resolves The Gun Issue, Bruce Ledewitz
June 16, 2016: How Heller Resolves The Gun Issue, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Heller Resolves the Gun Issue“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 9, 2016: Clinton Clinches, Bruce Ledewitz
June 9, 2016: Clinton Clinches, Bruce Ledewitz
Hallowed Secularism
Blog post, “Clinton Clinches“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.