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2017

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Articles 91 - 120 of 166

Full-Text Articles in Law and Philosophy

Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh May 2017

Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh

Brooklyn Journal of International Law

Failures of international cooperation with regard to protecting the environment, regulating cross-border competition, and preventing terrorism have sometimes lead states to enact unilateral measures with extraterritorial effect. A common trend among international legal scholars defending these measures is to employ the concept of ‘global public goods,’ understood as desirable, utility-advancing things that tend, for various reasons, to be undersupplied by states acting separately. On this view, unilateral measures are justified on grounds that they address ‘harms’ to ‘interests’ that cannot be contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy …


April 24, 2017: What Is At Stake In The Hypocrisy Of Originalism?, Bruce Ledewitz Apr 2017

April 24, 2017: What Is At Stake In The Hypocrisy Of Originalism?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is at Stake in the Hypocrisy of Originalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights, John E. Finn Apr 2017

The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights, John E. Finn

Concordia Law Review

This Article considers the civic constitutionalist nature of the Preamble to the Bill of Rights. Civic constitutionalism is a mode of reading constitutional texts that considers power in political, as opposed to legal, terms. Thus, the civic constitution gives citizens, not judges, the primary duty for ensuring a constitutionally compliant society. This Article also presents the underlying reasons, effects, and costs of the obscurity of the civic constitution and, more specifically, the Preamble to the Bill of Rights.


April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz Apr 2017

April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Judicial-Industrial Complex“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 9, 2017: What I Learned At Pepperdine, Bruce Ledewitz Apr 2017

April 9, 2017: What I Learned At Pepperdine, Bruce Ledewitz

Hallowed Secularism

Blog post, “What I learned at Pepperdine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 8, 2017: The Supreme Court And Politics, Bruce Ledewitz Apr 2017

April 8, 2017: The Supreme Court And Politics, Bruce Ledewitz

Hallowed Secularism

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


Gender As A Variable In Natural-Language Processing: Ethical Considerations, Brian N. Larson Apr 2017

Gender As A Variable In Natural-Language Processing: Ethical Considerations, Brian N. Larson

Faculty Scholarship

Researchers and practitioners in naturallanguage processing (NLP) and related fields should attend to ethical principles in study design, ascription of categories/variables to study participants, and reporting of findings or results. This paper discusses theoretical and ethical frameworks for using gender as a variable in NLP studies and proposes four guidelines for researchers and practitioners. The principles outlined here should guide practitioners, researchers, and peer reviewers, and they may be applicable to other social categories, such as race, applied to human beings connected to NLP research.


April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz Apr 2017

April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Friday Op-ed in the Pittsburgh Post-Gazette Concerning Judge Gorsuch and Interpretation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


What Is Meant By Freedom?, Paul D. Callister Apr 2017

What Is Meant By Freedom?, Paul D. Callister

Faculty Works

Freedom is overlooked as a legal and social concept, with few attempts to define it. Lon Fuller articulated the critical question about freedom: “How can the freedom of human beings be affected or advanced by social arrangement, that is by laws, customs, institutions, or other forms of social order that can be changed or preserved by purposive human actions?” Freedom needs to be defined in the context of this question — as an ideal to be advanced by our social institutions, laws, and customs. The article first begins with a framework for freedom established by Lon Fuller in a neglected …


Private Rights And Private Wrongs, Andrew S. Gold Apr 2017

Private Rights And Private Wrongs, Andrew S. Gold

Michigan Law Review

Review of Private Wrongs by Arthur Ripstein.


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


March 26, 2017: Tom Berry Vs Tomorrowland, Bruce Ledewitz Mar 2017

March 26, 2017: Tom Berry Vs Tomorrowland, Bruce Ledewitz

Hallowed Secularism

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


Law As Trope: Framing And Evaluating Conceptual Metaphors, Harold Anthony Lloyd Mar 2017

Law As Trope: Framing And Evaluating Conceptual Metaphors, Harold Anthony Lloyd

Pace Law Review

Like others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.


March 20, 2017: Hypocrisy On Neil Gorsuch, Bruce Ledewitz Mar 2017

March 20, 2017: Hypocrisy On Neil Gorsuch, Bruce Ledewitz

Hallowed Secularism

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


March 18, 2017: The Liberal Religious Cake, Bruce Ledewitz Mar 2017

March 18, 2017: The Liberal Religious Cake, Bruce Ledewitz

Hallowed Secularism

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


Does Hard Incompatibilism Really Abolish ‘Right’ And ‘Wrong’? Some Thoughts In Response To Larry Alexander, John A. Humbach Mr. Mar 2017

Does Hard Incompatibilism Really Abolish ‘Right’ And ‘Wrong’? Some Thoughts In Response To Larry Alexander, John A. Humbach Mr.

Elisabeth Haub School of Law Faculty Publications

In a challenge to recent writings of Derk Pereboom and Gregg Caruso,3 Larry Alexander makes the following claim: If one accepts the Pereboom-Caruso “hard incompatibilist” view of choice, which regards blame and retributive punishment as morally unjustified because free will is an illusion, then “normativity completely disappears.” In making this claim, Professor Alexander appears to hold that the moral distinction between right and wrong conduct (“normativity”) cannot effectively exist unless those who do wrong “deserve” to receive blame and punishment in response to their misbehavior. This is not, however, necessarily so.


March 10, 2017: Greetings From The Nootbaar Conference, Bruce Ledewitz Mar 2017

March 10, 2017: Greetings From The Nootbaar Conference, Bruce Ledewitz

Hallowed Secularism

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


March 5, 2017: Policies For The Year 2100, Bruce Ledewitz Mar 2017

March 5, 2017: Policies For The Year 2100, Bruce Ledewitz

Hallowed Secularism

Blog post, “Policies for the Year 2100“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Hegelian Dialectical Analysis Of U.S. Voting Laws, Charles Edward Andrew Lincoln Iv Mar 2017

Hegelian Dialectical Analysis Of U.S. Voting Laws, Charles Edward Andrew Lincoln Iv

Student Scholarship

This Comment uses the dialectical paradigm of German philosopher Georg Wilhelm Friedrich Hegel (1770-1833) to analyze the progression of United States voting laws since the colonial foundations of a participatory democratic process in this country. This analysis can be used to interpret past progression of voting rights in the United States as well as a provoking way to predict future trends in United States voting rights - as an ongoing "progressive" political process or rhetorical method of erasing categories or classifications and eliminating distinctions amongst persons.


February 26, 2017: What’S The Worst Thing President Trump Is Doing?, Bruce Ledewitz Feb 2017

February 26, 2017: What’S The Worst Thing President Trump Is Doing?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What’s the Worst Thing President Trump is Doing?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 22, 2017: Harry Jaffa, No Trump Supporter, Bruce Ledewitz Feb 2017

February 22, 2017: Harry Jaffa, No Trump Supporter, Bruce Ledewitz

Hallowed Secularism

Blog post, “Harry Jaffa, No Trump Supporter“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 18, 2017: What The Rule Of Law Looks Like, Bruce Ledewitz Feb 2017

February 18, 2017: What The Rule Of Law Looks Like, Bruce Ledewitz

Hallowed Secularism

Blog post, “What the Rule of Law Looks Like“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 12, 2017: The Ninth Circuit Decision, Bruce Ledewitz Feb 2017

February 12, 2017: The Ninth Circuit Decision, Bruce Ledewitz

Hallowed Secularism

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


February 6, 2017: When Did The Lying Start?, Bruce Ledewitz Feb 2017

February 6, 2017: When Did The Lying Start?, Bruce Ledewitz

Hallowed Secularism

Blog post, “When Did the Lying Start?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 1, 2017: First They Banned The Muslims, Bruce Ledewitz Feb 2017

February 1, 2017: First They Banned The Muslims, Bruce Ledewitz

Hallowed Secularism

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


January 27, 2017: Now The Markets Will Fall, Bruce Ledewitz Jan 2017

January 27, 2017: Now The Markets Will Fall, Bruce Ledewitz

Hallowed Secularism

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


January 22, 2017: Deadpool Is Awesome, Bruce Ledewitz Jan 2017

January 22, 2017: Deadpool Is Awesome, Bruce Ledewitz

Hallowed Secularism

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


January 20, 2017: Welcome, President Trump, Bruce Ledewitz Jan 2017

January 20, 2017: Welcome, President Trump, Bruce Ledewitz

Hallowed Secularism

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


Policing A Negotiated World: A Partial Test Of Klinger’S Ecological Theory Of Policing, Travis A. Taniguchu, Christopher Salvatore Jan 2017

Policing A Negotiated World: A Partial Test Of Klinger’S Ecological Theory Of Policing, Travis A. Taniguchu, Christopher Salvatore

Department of Justice Studies Faculty Scholarship and Creative Works

The primary goal of the current study is to examine a portion of Klinger’s theory. Specifically, we test the influence of organizational and environmental contextual factors, guided by Klinger’s theory, on one measure of officer vigor. To date, few studies have taken this approach to examine Klinger’s theory. The study builds on prior research that has tested aspects of Klinger’s theory and adds new analytic strategies that prior studies have not used. The results of this study have implications for both theory and practice, and they add to the growing literature examining the influence of ecological and organization factors on …


January 16, 2017: President Obama’S Accomplishments, Bruce Ledewitz Jan 2017

January 16, 2017: President Obama’S Accomplishments, Bruce Ledewitz

Hallowed Secularism

Blog post, “President Obama’s Accomplishments“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.