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Full-Text Articles in Law and Philosophy

The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann Mar 2019

The Roots And Fruits Of Good Faith In Domestic Court Practice, Thomas Neumann

Pace International Law Review

Good faith—most lawyers have an opinion on these two words. While the notion of good faith may play specific roles at domestic and regional levels, it remains an elusive siren at the international level. The concept was subject to controversy at the birth of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and has been debated by scholars ever since. Considering that the Convention has now been in force for over thirty years, it is agreed that time is ripe for “a call to arms for further research into a uniform standard of good …


Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala Mar 2019

Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala

International Journal on Responsibility

The principle of the rule of law is one of the most important and essential principles for any state and for democratic society. Its fullest realization in everyday life is the best guarantee for development of democracy and recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. The well-known countries of Western democracies have long established a rich and valuable legacy in this regard. When exploring the contours and details about establishing the rule …


March 24, 2019: The Two Party Lies That Fuel Political Alienation In America, Bruce Ledewitz Mar 2019

March 24, 2019: The Two Party Lies That Fuel Political Alienation In America, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Two Party Lies that Fuel Political Alienation in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz Mar 2019

The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz

Ledewitz Papers

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


March 17, 2019: The Response To My Anti-Court-Packing Message, Bruce Ledewitz Mar 2019

March 17, 2019: The Response To My Anti-Court-Packing Message, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Response to My anti-Court-Packing Message“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson Mar 2019

Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson

Faculty Scholarship

Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive syllogism, and called “no kind of reasoning at all” by Judge Posner. Arguments by legal analogy happen every day in courtrooms, law offices, and law-school classrooms, and they are the essence of what we mean when we talk of thinking like a lawyer. But we have no productive and normative theory for creating and evaluating them. Entries in the debate over the last 25 years by Professors Sunstein, Schauer, Brewer, Weinreb, and others leave us at an impasse: The ‘skeptics’ are too focused on the …


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

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 Mar 2019

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 Feb 2019

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 Feb 2019

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 Feb 2019

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 Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


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

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 Feb 2019

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 Feb 2019

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 Feb 2019

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 Feb 2019

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 …


Artificially Intelligent Law, Lawrence B. Solum Feb 2019

Artificially Intelligent Law, Lawrence B. Solum

Faculty Scholarship

This paper explores a series of thought experiments that postulate the ex-istence of "artificially intelligent law." An artificially-intelligent legal system is de-fined as one with three functional capacities: 1. The system has the capacity to gen-erate legal norms. 2. The system has the capacity to apply the legal norms that it generates. 3. The system has the capacity to use deep learning to modify the legal norms that it generates. The paper then considers the question whether such a sys-tem would be desirable as a matter of legitimacy and justice. The core idea of the paper is that the key …


Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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