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Articles 121 - 150 of 305
Full-Text Articles in Law and Philosophy
Foreword: What’S Next? Counter-Stories And Theorizing Resistance, Tayyab Mahmud
Foreword: What’S Next? Counter-Stories And Theorizing Resistance, Tayyab Mahmud
Seattle Journal for Social Justice
No abstract provided.
A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz
A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz
The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz
The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
When I Left The Darwin Day Committee, Bruce Ledewitz
When I Left The Darwin Day Committee, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz
Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz
‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz
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
Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz
Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
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.
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.
The Future As A Concept In National Security Law, Mary L. Dudziak
The Future As A Concept In National Security Law, Mary L. Dudziak
Pepperdine Law Review
With their focus on the future of national security law, the essays in this issue share a common premise: that the future matters to legal policy, and that law must take the future into account. But what is this future? And what conception of the future do national security lawyers have in mind? The future is, in an absolute sense, unknowable. Absent a time machine, we cannot directly experience it. Yet human action is premised on ideas about the future, political scientist Harold Lasswell wrote in his classic work The Garrison State. The ideas about the future that guide social …
May 6, 2015: Iconic Picture Of Burning Silliman Hall, Bruce Ledewitz
May 6, 2015: Iconic Picture Of Burning Silliman Hall, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Iconic Picture of Burning Silliman Hall“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
February 4, 2015: The Sanctions Crowd Want War With Iran, Bruce Ledewitz
February 4, 2015: The Sanctions Crowd Want War With Iran, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Sanctions Crowd Want War with Iran“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The End Of Jurisprudence, Scott Hershovitz
The End Of Jurisprudence, Scott Hershovitz
Articles
For more than forty years, jurisprudence has been dominated by the HartDworkin debate. The debate starts from the premise that our legal practices generate rights and obligations that are distinctively legal, and the question at issue is how the content of these rights and obligations is determined. Positivists say that their content is determined ultimately or exclusively by social facts. Anti-positivists say that moral facts must play a part in determining their content. In this Essay, I argue that the debate rests on a mistake. Our legal practices do not generate rights and obligations that are distinctively legal. At best, …
The History Of Team Production Theory, Ron Harris
The History Of Team Production Theory, Ron Harris
Seattle University Law Review
In this short Essay, the author consider the team production theory developed by Margaret Blair and Lynn Stout1 from a historical perspective, in three senses. First, does the theory fit the historical use of the corporate form? Second, can it explain the development of corporation law doctrines? And third, can we place the development of the theory as such into the intellectual history of corporation theories at large? The author will state my bottom line up front: while the Article finds the team production theory insightful and useful for my historical research, for teaching corporation law, and for thinking about …
An Addendum In Light Of Recent Developments, Bruce Ledewitz
An Addendum In Light Of Recent Developments, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield
Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield
Articles
It is now a commonplace among historians that American criminal jurisprudence underwent a dramatic change something like two-thirds to three-quarters into the last century. Roughly, this development is understood as a shift (or drift) from a more-or-less pure consequentialism to a "mixed theory" wherein retributivism played a major-at times, dominant-role. As the new paradigm remains intact, now approaching a half-century, the development qualifies as a significant historical fact. The fact applies not only to the history of justification for punishment but also to conceptions of the underlying principle of (basis for) responsibility. The two are rightly distinguished: for many scholars …
The Scope Of Precedent, Randy J. Kozel
The Scope Of Precedent, Randy J. Kozel
Michigan Law Review
The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales and elaborate doctrinal frameworks articulated by their predecessors. This practice infuses judicial precedent with the prescriptive power of enacted constitutional and statutory text. The lower federal courts follow suit, regularly abiding by the Supreme Court’s broad pronouncements. These phenomena cannot be explained by—and, indeed, oftentimes subvert—the classic distinction between binding holdings and dispensable dicta. This Article connects the scope of precedent with recurring and foundational debates about the proper ends of judicial interpretation. A precedent’s forward- looking effect should not depend on the …
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
September 11, 2014: National Motto Fails In Allegheny County, Bruce Ledewitz
September 11, 2014: National Motto Fails In Allegheny County, Bruce Ledewitz
Hallowed Secularism
Blog post, “National Motto Fails in Allegheny County“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 19, 2014: The Problem With Capitalism, Bruce Ledewitz
July 19, 2014: The Problem With Capitalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Problem With Capitalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 1, 2014: Another Reason To Hate Religion, Bruce Ledewitz
July 1, 2014: Another Reason To Hate Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Another Reason to Hate Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 17, 2014: Cowardice And Hypocrisy At Brandeis, Bruce Ledewitz
April 17, 2014: Cowardice And Hypocrisy At Brandeis, Bruce Ledewitz
Hallowed Secularism
Blog post, “Cowardice and Hypocrisy at Brandeis“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz
Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.