Law and Philosophy Commons^™

March 10, 2019: Best Column Even By Thomas Friedman, Bruce Ledewitz

Hallowed Secularism

Blog post, “Best Column Even by Thomas Friedman“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 7, 2019: Network Message Endorses Nihilism, Bruce Ledewitz

Hallowed Secularism

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

February 28, 2019: The Communitarian Collapse In America, Bruce Ledewitz

Hallowed Secularism

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

February 23, 2019: Opening Of The Memphis Talk On Court-Packing, Bruce Ledewitz

Hallowed Secularism

Blog post, “Opening of the Memphis talk on Court-Packing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 21, 2019: My Op-Ed On The Bladesnburg Cross, Bruce Ledewitz

Hallowed Secularism

Blog post, “ My op-ed on the Bladesnburg Cross“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

February 16, 2019: John Yoo, War Criminal, Bruce Ledewitz

Hallowed Secularism

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

February 12, 2019: Ishmael, Bruce Ledewitz

Hallowed Secularism

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

February 10, 2019: This Political Moment, Bruce Ledewitz

Hallowed Secularism

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

February 2, 2019: Leaver Agriculture, Bruce Ledewitz

Hallowed Secularism

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

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne Barnes

Faculty Scholarship

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square – and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if …

Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018, the Language Comission of the Ministry of Education and Culture (Kemendikbud) of the Republic of Indonesia has made verification towards all the languages that exists in Indonesia. The verification conducted from 1991 to 2017 resulted in 652 languages to be found. That number still does not include the dialects and their sub-divisions of the 652 languages. Meanwhile, UNESCO recorded 143 languages based on their vitality status. Identity can be interpreted as similarity or unity with others in a certain area or other things (Rummens, 1993: 157-159). "The identity possessed by an individual can be in the form of …

January 29, 2019: How To Save American Democracy, Bruce Ledewitz

Hallowed Secularism

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

January 26, 2019: Why There Is No Left Federalist Society, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why There is No Left Federalist Society“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 21, 2019: Why Wasn't Fukuyama Right?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Wasn't Fukuyama Right?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 20, 2010: Love Driven Politics, Bruce Ledewitz

Hallowed Secularism

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

January 15, 2019: What’S Wrong?, Bruce Ledewitz

Hallowed Secularism

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

If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?, Samuel W. Calhoun

Washington and Lee Law Review Online

This Essay responds to comments by Wayne Barnes, Ian Huyett, and David Smolin on my prior Article, Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show It Was Never Intended to Separate Religion From Politics. Part II, although noting a few disagreements with Huyett and Smolin, principally argues that they strengthen the case for the appropriateness of religious arguments in the public square. Part III evaluates Wayne Barnes’s contention that Christian doctrine requires separating religion from politics.

What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz

Ledewitz Papers

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

What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz

Ledewitz Papers

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

Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale

Faculty Scholarship

Though artificial intelligence (AI) in healthcare and education now accomplishes diverse tasks, there are two features that tend to unite the information processing behind efforts to substitute it for professionals in these fields: reductionism and functionalism. True believers in substitutive automation tend to model work in human services by reducing the professional role to a set of behaviors initiated by some stimulus, which are intended to accomplish some predetermined goal, or maximize some measure of well-being. However, true professional judgment hinges on a way of knowing the world that is at odds with the epistemology of substitutive automation. Instead of …

A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz

Ledewitz Papers

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

How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz

Ledewitz Papers

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

Justice And Public Health, Govind Persad

Sturm College of Law: Faculty Scholarship

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to …

Judicial Partisanship In A Partisan Era: A Reply To Professor Robertson, Dmitry Bam

Faculty Publications

Professor Cassandra Burke Robertson’s outstanding article, Judicial Impartiality in A Partisan Era, is timely given the increasing politicization of the judiciary. The political debate and controversy around the Judge Garland nomination and the Justice Kavanaugh confirmation to the United States Supreme Court, only served to reaffirm that the judiciary is not immune from the growing political polarization in America. And it is not just senate judicial confirmation battles that have become highly bitter and partisan. Scholars writing about the substantive work of the Court have argued that it is more akin to a political body than a judicial one, and …

Shooting Fish, Michael L. Smith

Faculty Articles

Many academic legal articles begin with sweeping statements concerning the majesty of law, often noting that "the life of the law has not been logic: it has been experience" and that "the law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics." This is not one of those articles, as it gets straight to the point, asking the question that's on everyone's mind: if you're walking next to a stream, river, lake, or pond, and you happen to see …

Should Robots Prosecute And Defend?, Stephen E. Henderson

Faculty Articles

Even when we achieve the ‘holy grail’ of artificial intelligence—machine intelligence that is at least as smart as a human being in every area of thought—there may be classes of decisions for which it is intrinsically important to retain a human in the loop. On the common account of American criminal adjudication, the role of prosecutor seems to include such decisions given the largely unreviewable declination authority, whereas the role of defense counsel would seem fully susceptible of automation. And even for the prosecutor, the benefits of automation might outweigh the intrinsic decision-making loss, given that the ultimate decision—by judge …

"Scientific Inference" Vs. "Legal Reasoning"? Not So Fast! ¿"Inferencia Cientifíca" Vs."Razonamiento Jurídico"? -- No Tan Rápido!, Susan Haack

Articles

No abstract provided.

Smith, Scalia, And Originalism, Amul R. Thapar

Catholic University Law Review

To many principled Originalists and proponent of religious liberty, the opinion in Employment Division v. Smith poses a puzzle. Many commentators believe Smith contradicts the original meaning of the Free Exercise Clause and hinders the right to religious freedom. Yet it was written by Justice Scalia, a self-professed Originalist and lion of the law. I attempt to resolve this puzzle, reviewing Justice Scalia’s speeches and opinions on religious liberty. Ultimately, Justice Scalia’s opinion in Smith reflects his commitments to certain jurisprudential principles. Viewing these principles in the light of New Originalism, though, it becomes clear how Smith most likely does …

Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley

Dickinson Law Review (2017-Present)

In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amendment has fallen into public scrutiny. Historically, the First Amendment’s “marketplace of ideas” has been a driving source of American political identity; since Brandenburg v. Ohio, the First Amendment protects all speech from government interference unless it causes incitement. The marketplace of ideas allows for the good and the bad ideas to enter American society and ultimately allows the people to decide their own course.

Yet, is the First Amendment truly a tool of social progress? Initially, the First Amendment curtailed war-time dissidents and …