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Articles 1051 - 1080 of 3947
Full-Text Articles in Law and Philosophy
Contractual Communication, Lawrence B. Solum
Contractual Communication, Lawrence B. Solum
Faculty Scholarship
In Pseudo-Contract and Shared Meaning Analysis, Professors Robin Bradley Kar and Margaret Jane Radin develop an important theory of the nature of contract that draws on Paul Grice’s influential theory of meaning. That theory has significant implications for contract doctrine, in particular for questions about the enforceability of so-called “contracts of adhesion” in particular and for “boilerplate” in general. But at the most fundamental level, Kar and Radin’s work is about the nature of contractual communication. They answer the question, “How do contracts mean?,” by proposing a theoretical structure, which they name “Shared Meaning Analysis.” This Essay focuses on …
American Legion V. American Humanist Association, Seth T. Bonilla
American Legion V. American Humanist Association, Seth T. Bonilla
Public Land & Resources Law Review
The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.
October 27, 2019: The Shooter And The Death Penalty, Bruce Ledewitz
October 27, 2019: The Shooter And The Death Penalty, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Shooter and the Death Penalty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 22, 2019: What Is The Universe?, Bruce Ledewitz
October 22, 2019: What Is The Universe?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is the Universe?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 14, 2019: Why The Democrats Need To Tap The Brakes On Impeachment, Bruce Ledewitz
October 14, 2019: Why The Democrats Need To Tap The Brakes On Impeachment, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why the Democrats Need to Tap the Brakes on Impeachment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 9, 2019: Yom Kippur And The Shootings, Bruce Ledewitz
October 9, 2019: Yom Kippur And The Shootings, Bruce Ledewitz
Hallowed Secularism
Blog post, “Yom Kippur and the Shootings“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed
Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed
Biennial Conference: The Social Practice of Human Rights
Human rights discourses are deeply embedded in an epistemic anthropocentricism that centers the human in human rights. However, conceptions of what constitutes the human are being eroded through the development of artificial intelligence, bio-hacking and transhumanism, all of which, support the emergence of new kinds of humans.These emergent humans include the enhanced human who possesses abilities that compel us to reconsider the parameters of humanness, as well as computer systems that demonstrate characteristics thought of as uniquely human. The blurring of the divide between human and machine therefore compels us to reconsider our understanding of the human in human rights, …
Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed
Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed
Biennial Conference: The Social Practice of Human Rights
Despite its emancipatory potential, human rights remains locked in a form of epistemic coloniality that defers to Euro-American knowledge and reinforces anthropocentric exceptionalism. In order to employ human rights as a source of emancipation, human rights must itself be emancipated—it must be decolonized. Drawing on the notion of 'decoloniality' as a framework that advances radical possibilities by delinking from structural racism, patriarchy and class embedded in capitalism and Western modernity, a typology of human rights as sovereignty, disruption, and tactics is developed as a way of understanding human rights from the position of the colonized.
October 2, 2019: What Are The High Holy Days About?, Bruce Ledewitz
October 2, 2019: What Are The High Holy Days About?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What are the High Holy Days About?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb
The Scholar: St. Mary's Law Review on Race and Social Justice
When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …
Flor Freire V. Ecuador, Raymond Chavez
Flor Freire V. Ecuador, Raymond Chavez
Loyola of Los Angeles International and Comparative Law Review
This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.
Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral
Israeli Exception-Alism: The Nation-State Law And Its Place In The Israeli Geopolitical Zeitgeist, Daniel Bral
Loyola of Los Angeles International and Comparative Law Review
Israel is no stranger to the scorn of the international community. In many respects, Israel is held to a different standard than other nations. In July 2018, that hypothesis was tested when Israel’s Knesset passed The Basic Law: Israel – The Nation State of the Jewish People. Though largely symbolic, the Law declares, inter alia, “[t]he exercise of the right to national self-determination in the State of Israel is unique to the Jewish People.” Critics lambasted the clause for allegedly violating international law by rejecting non-Jews’ right to exercise self-determination in the State of Israel. This note argues that the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
September 22, 2019: Bends Toward Justice Podcast--Where You Can Hear It Now, Bruce Ledewitz
September 22, 2019: Bends Toward Justice Podcast--Where You Can Hear It Now, Bruce Ledewitz
Hallowed Secularism
Blog post, “Bends Toward Justice Podcast--Where You Can Hear It Now“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 22, 2019: Nihilism In The Heartland, Bruce Ledewitz
September 22, 2019: Nihilism In The Heartland, Bruce Ledewitz
Hallowed Secularism
Blog post, “Nihilism in the Heartland“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 14, 2019: Constitution Day 2019, Bruce Ledewitz
September 14, 2019: Constitution Day 2019, Bruce Ledewitz
Hallowed Secularism
Blog post, “Constitution Day 2019“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 12, 2019: Bends Toward Justice Podcast Debuts This Week, Bruce Ledewitz
September 12, 2019: Bends Toward Justice Podcast Debuts This Week, Bruce Ledewitz
Hallowed Secularism
Blog post, “Bends Toward Justice Podcast Debuts This Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Reliable Revisionist, Caitlyn Schaffer
The Reliable Revisionist, Caitlyn Schaffer
Philosophy: Student Scholarship & Creative Works
The present text explores how the topic of head and heart is much more complicated than one would expect, according to Paul Henne and Walter Sinnot-Armstrong, contributors of Neuroexistentialism. “Does Neuroscience Undermine Morality” aims at figuring out the problem of which moral judgments we can trust, judgments from one’s head (revisionism) or judgments from one’s heart (conservatism). My hypothesis suggests the opposite of the authors, I believe that if you are a revisionist, your first order intuitions are reliable. After setting the framework, I make three main arguments. (A.) If you are able to self-correct then you can identify errors …
Intention And Interpretation In Law, Cosim J. Sayid
Intention And Interpretation In Law, Cosim J. Sayid
Dissertations, Theses, and Capstone Projects
I provide a Gricean theory of communication to constitutively explain the basis of duties, immunities, powers, privileges, and rights – the legal profile– possessed by actors within a legal system in virtue of their legally authoritative communicative intentions. This allows me to clearly speak to what is communicated between legal agents and how to interpret – how to figure out – that content, using available evidence. That account is then applied to statutory interpretation and contract law. Using a notion I call creative interpretation, which I develop by analogy to some species of literary and musical interpretation, I …
August 31, 2019: Is Hallowed Secularism Any Longer The Question?, Bruce Ledewitz
August 31, 2019: Is Hallowed Secularism Any Longer The Question?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Hallowed Secularism Any Longer the Question?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 24, 2019: Would I Help Donald Trump?, Bruce Ledewitz
August 24, 2019: Would I Help Donald Trump?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Would I Help Donald Trump?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 20, 2019: Change Point In The Culture, Bruce Ledewitz
August 20, 2019: Change Point In The Culture, Bruce Ledewitz
Hallowed Secularism
Blog post, “Change Point in the Culture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 18, 2019: How Unfriendly Is The Internet?, Bruce Ledewitz
August 18, 2019: How Unfriendly Is The Internet?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Unfriendly Is the Internet?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 15, 2019: What Would “Bends Toward Justice” Mean To Doris Lessing?, Bruce Ledewitz
August 15, 2019: What Would “Bends Toward Justice” Mean To Doris Lessing?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Would “Bends Toward Justice” Mean to Doris Lessing?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 11, 2019: Here Is The Column On Mass Shootings And Our Spiritual Crisis, Bruce Ledewitz
August 11, 2019: Here Is The Column On Mass Shootings And Our Spiritual Crisis, Bruce Ledewitz
Hallowed Secularism
Blog post, “Here is the column on mass shootings and our spiritual crisis“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 8, 2019: America Needs A Substitute For God, Bruce Ledewitz
August 8, 2019: America Needs A Substitute For God, Bruce Ledewitz
Hallowed Secularism
Blog post, “America Needs a Substitute for God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 26, 2019: Strong Reactions To Column On The No-Prosecution Pledge, Bruce Ledewitz
July 26, 2019: Strong Reactions To Column On The No-Prosecution Pledge, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Strong Reactions to Column on the No-Prosecution Pledge“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz
Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
July 19, 2019: Justice Stevens R.I.P., Bruce Ledewitz
July 19, 2019: Justice Stevens R.I.P., Bruce Ledewitz
Hallowed Secularism
Blog post, “Justice Stevens R.I.P.“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 14, 2019: Adam Gopnik Vs David Frum, Bruce Ledewitz
July 14, 2019: Adam Gopnik Vs David Frum, Bruce Ledewitz
Hallowed Secularism
Blog post, “Adam Gopnik vs David Frum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.