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2021

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Articles 31 - 60 of 160

Full-Text Articles in Law and Philosophy

Hypothesis Testing Ordinary Meaning, Daniel Keller, Jesse Egbert Sep 2021

Hypothesis Testing Ordinary Meaning, Daniel Keller, Jesse Egbert

Brooklyn Law Review

Corpus linguistic tools promise to make determinations of the ordinary meaning (OM) of a word or phrase in a statute more objective, replicable, and transparent. However, significant questions remain as to how corpora may best be employed in the process of determining OM. In this paper, we argue that objectivity, replicability, and transparency are bolstered when legal practitioners take a hypothesis testing approach to determining ordinary meaning. In this approach, the corpus (a large collection of authentic texts) is treated as a sample of data which the practitioner may use to draw inductive inferences about the meaning of the term …


September 20, 2021: Two Recent Columns--The Texas Anti-Abortion Statute And Justice Wecht And The Death Of God, Bruce Ledewitz Sep 2021

September 20, 2021: Two Recent Columns--The Texas Anti-Abortion Statute And Justice Wecht And The Death Of God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Recent Columns--the Texas Anti-Abortion statute and Justice Wecht and the Death of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 2, 2021: The Steal In The National Popular Vote Interstate Compact, Bruce Ledewitz Sep 2021

September 2, 2021: The Steal In The National Popular Vote Interstate Compact, Bruce Ledewitz

Hallowed Secularism

Blog post, “The steal in the National Popular Vote Interstate Compact“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 16, 2021: Forgiveness, Bruce Ledewitz Sep 2021

September 16, 2021: Forgiveness, Bruce Ledewitz

Hallowed Secularism

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


Did Pa. Supreme Court Justice David Wecht Herald The Death Of God?, Bruce Ledewitz Sep 2021

Did Pa. Supreme Court Justice David Wecht Herald The Death Of God?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


I Am Resigning From The Pro-Life Movement, Bruce Ledewitz Sep 2021

I Am Resigning From The Pro-Life Movement, Bruce Ledewitz

Ledewitz Papers

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


September 11, 2021: Twenty Years Later, 9/11 Is Finally Over, Bruce Ledewitz Sep 2021

September 11, 2021: Twenty Years Later, 9/11 Is Finally Over, Bruce Ledewitz

Hallowed Secularism

Blog post, “Twenty Years Later, 9/11 is finally over“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 10, 2021: Secular Repentence, Bruce Ledewitz Sep 2021

September 10, 2021: Secular Repentence, Bruce Ledewitz

Hallowed Secularism

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


The Steal In The National Popular Vote Interstate Compact, Explained, Bruce Ledewitz Sep 2021

The Steal In The National Popular Vote Interstate Compact, Explained, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Wandering With Artificial Intelligence And Its Obscure Legal Liability, Muhammad Pasha Nur Fauzan, Darian Amarta, Evan Tobias, Vikri Ricardo, Melania Fidela G. Aug 2021

Wandering With Artificial Intelligence And Its Obscure Legal Liability, Muhammad Pasha Nur Fauzan, Darian Amarta, Evan Tobias, Vikri Ricardo, Melania Fidela G.

Indonesia Law Review

The high level of autonomy of AI will raise the problem of legal liability at some point in the future. If AI’s behaviour causes an illegal consequence, who to held liable? This article will explore the problem concerning legal liability of AI into two main discussion. The first discussion will explore the possibility of imposing legal liability of AI to human. This part will discuss various available option to solve the AI liability problem by imposing legal liability on either users or manufacturers. While the second discussion will explore the possibility of imposing legal liability of AI to AI itself. …


Doj’S Refusal To Defend Mo Brooks Was Wrong; Prosecuting Trump Would Be Worse, Bruce Ledewitz Aug 2021

Doj’S Refusal To Defend Mo Brooks Was Wrong; Prosecuting Trump Would Be Worse, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


August 20, 2021: Defend Mo Brooks; Don't Prosecute Donald Trump--This Week's Column In The Pa Capital-Star, Bruce Ledewitz Aug 2021

August 20, 2021: Defend Mo Brooks; Don't Prosecute Donald Trump--This Week's Column In The Pa Capital-Star, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Defend Mo Brooks; Don't Prosecute Donald Trump--this week's column in the Pa Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


August 15, 2021: What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz Aug 2021

August 15, 2021: What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Has Gone Wrong and What Can We Do About It?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


August 14, 2021: Lale Gul Wants To Lie On The Beach In A Bikin, Bruce Ledewitz Aug 2021

August 14, 2021: Lale Gul Wants To Lie On The Beach In A Bikin, Bruce Ledewitz

Hallowed Secularism

Blog post, “Lale Gul Wants to Lie on the Beach in a Bikin“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


What A Novel Can Teach Us About Religion In America, Bruce Ledewitz Aug 2021

What A Novel Can Teach Us About Religion In America, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


August 3, 2021: The Startup Wife Shows We Need Help With Our Spiritual Infrastructure--This Week's Column, Bruce Ledewitz Aug 2021

August 3, 2021: The Startup Wife Shows We Need Help With Our Spiritual Infrastructure--This Week's Column, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Startup Wife Shows We Need Help With Our Spiritual Infrastructure--This Week's Column“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 31, 2021: Give Trump The Presidential Medal Of Freedom, Bruce Ledewitz Jul 2021

July 31, 2021: Give Trump The Presidential Medal Of Freedom, Bruce Ledewitz

Hallowed Secularism

Blog post, “Give Trump the Presidential Medal of Freedom“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 27, 2021: The Universe Is On Our Side Is Now On Sale On The Oup Website, Bruce Ledewitz Jul 2021

July 27, 2021: The Universe Is On Our Side Is Now On Sale On The Oup Website, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Universe Is on Our Side is now on sale on the OUP Website“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 27, 2021: Last Week's Column In Pennsylvania Capital-Star, Bruce Ledewitz Jul 2021

July 27, 2021: Last Week's Column In Pennsylvania Capital-Star, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Last Week's Column in Pennsylvania Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Mr. Justice Breyer, Thank You For Your Service. Now Please Retire, Bruce Ledewitz Jul 2021

Mr. Justice Breyer, Thank You For Your Service. Now Please Retire, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


July 10, 2021: How To Raise A Secular Or A Religious Child, Bruce Ledewitz Jul 2021

July 10, 2021: How To Raise A Secular Or A Religious Child, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Raise a Secular or a Religious Child“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Fixing False Truths: Rethinking Truth Assumptions And Free-Expression Rationales In The Networked Era, Jared Schroeder Jul 2021

Fixing False Truths: Rethinking Truth Assumptions And Free-Expression Rationales In The Networked Era, Jared Schroeder

William & Mary Bill of Rights Journal

The First Amendment makes no mention of truth. Assumptions about truth, however, have become the foundations for free-expression rationales, the very bases for such freedoms in a democratic society. The Supreme Court gradually, over time, wedded Enlightenment assumptions about truth to the marketplace of ideas rationale for free expression. This Article examines, in light of massive, widespread adoption of networked technologies and AI and Supreme Court decisions that have undermined the distinctive role of truth, whether truth should be removed or replaced as a crucial, justifying concept in freedom of expression. The Article examines the marketplace approach’s history and assumptions, …


Yes, Allegheny Co. Da Zappala Should Resign Or Be Impeached. No, He Shouldn't Be The Target Of Legal Discipline, Bruce Ledewitz Jul 2021

Yes, Allegheny Co. Da Zappala Should Resign Or Be Impeached. No, He Shouldn't Be The Target Of Legal Discipline, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


July 8, 2021: Yes, Da Zappala Should Go But Not By A Legal Ethics Probe, Bruce Ledewitz Jul 2021

July 8, 2021: Yes, Da Zappala Should Go But Not By A Legal Ethics Probe, Bruce Ledewitz

Hallowed Secularism

Blog post, “Yes, DA Zappala should go but not by a legal ethics probe“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram Jul 2021

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram

Philosophy: Faculty Publications and Other Works

Abstract: Using examples drawn from gender-based asylum cases, this chapter examines how far recognition theory (RT) and discourse theory (DT) can guide social criticism of the judicial processing of women’s applications for protection under the Geneva Convention Relating to the Status of Refugees (1951) and subsequent protocols and guidelines put forward by the United Nations High Commissioner for Refugees (UNHCR). I argue that these theories can guide social criticism only when combined with other ethical approaches. In addition to humanitarian and human rights law, these theories must rely upon ideas drawn from distributive, compensatory, and epistemic justice. Drawing from recent …


July 5, 2021: The Greatest Column Ross Douthat Ever Wrote, Bruce Ledewitz Jul 2021

July 5, 2021: The Greatest Column Ross Douthat Ever Wrote, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Greatest Column Ross Douthat Ever Wrote“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 4, 2021: Better Than July 4, 2020, Bruce Ledewitz Jul 2021

July 4, 2021: Better Than July 4, 2020, Bruce Ledewitz

Hallowed Secularism

Blog post, “Better Than July 4, 2020“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 3, 2021: Follow Up Column In The Pittsburgh Jewish Chronicle, Bruce Ledewitz Jul 2021

July 3, 2021: Follow Up Column In The Pittsburgh Jewish Chronicle, Bruce Ledewitz

Hallowed Secularism

Blog post, “Follow up column in the Pittsburgh Jewish Chronicle“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Tailoring Public Health Policies, Govind Persad Jul 2021

Tailoring Public Health Policies, Govind Persad

Sturm College of Law: Faculty Scholarship

In an effort to contain the spread of COVID-19, many states and countries have adopted public health restrictions on activities previously considered commonplace: crossing state borders, eating indoors, gathering together, and even leaving one's home. These policies often focus on specific activities or groups, rather than imposing the same limits across the board. In this Article, I consider the law and ethics of these policies, which I call tailored policies.In Part II, I identify two types of tailored policies: activity-based and group-based. Activity-based restrictions respond to differences in the risks and benefits of specific activities, such as walking outdoors and …


Which America?: Judge Roger L. Gregory And The Tradition Of African-American Political Thought, Daniel Fryer Jul 2021

Which America?: Judge Roger L. Gregory And The Tradition Of African-American Political Thought, Daniel Fryer

Washington and Lee Law Review

In this Article, written in connection with a symposium honoring Chief Judge Roger L. Gregory’s twenty years on the bench, I place Judge Gregory’s jurisprudence within the tradition of African-American political thought. I suggest that, at bottom, Judge Gregory has a leveling-up jurisprudence that seeks to interpret the Constitution in a way that ensures the least well-off in society are granted the same rights as the most privileged. This brand of democratic theorizing approximates a mainstream position by Black political theorists optimistically seeking to have the least well-off integrated into a fully equal society. By comparing and contrasting his work …