Law and Philosophy Commons^™

October 18, 2014: Can Materialism Be True?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Can Materialism Be True?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 15, 2014: Great News From The Church, Bruce Ledewitz

Hallowed Secularism

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

October 12, 2014: Why Judaism Is Dying, Bruce Ledewitz

Hallowed Secularism

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

October 9, 2014: The War Over Islam, Bruce Ledewitz

Hallowed Secularism

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

October 5, 2014: The Day After Yom Kippur, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Day after Yom Kippur“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 3, 2014: Democracy Or Secularism, Bruce Ledewitz

Hallowed Secularism

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

The Connection Between A Property-Based Legal System And National Prosperity: Example From A Divided Germany Reunified, O. Lee Reed, Florian A. Stamm

Georgia Journal of International & Comparative Law

No abstract provided.

Constitutionalization Of Human Rights In Post-Soviet States And Latin America: A Comparative Analysis, Rett R. Ludwikowski

Georgia Journal of International & Comparative Law

No abstract provided.

How Feminist Theory Became (Criminal) Law: Tracing The Path To Mandatory Criminal Intervention In Domestic Violence Cases, Claire Houston

Michigan Journal of Gender & Law

Our popular understanding of domestic violence has shifted significantly over the past forty years, and with it, our legal response. We have moved from an interpretation of domestic violence as a private relationship problem managed through counseling techniques to an approach that configures domestic violence first and foremost as a public crime. Mandatory criminal intervention policies reflect and reinforce this interpretation. How we arrived at this point, and which understanding of domestic violence facilitated this shift, is the focus of this Article. I argue that the move to intense criminalization has been driven by a distinctly feminist interpretation of domestic …

The Future Of Federal Law Clerk Hiring, Aaron L. Nielson

Marquette Law Review

The market for federal law clerks has been upended. Beginning in 2003, the Federal Judges Law Clerk Hiring Plan was implemented to regulate clerkship hiring. According to the Plan, a judge could not interview or hire a potential law clerk before the beginning of the applicant’s third year of law school. The Plan, however, never worked well, constantly got worse, and has now officially collapsed. Across the country, clerkship hiring once again regularly occurs during the second year of law school.

This Article addresses the rise and inevitable fall of the Plan. In particular, it submits that the Plan never …

Bonus Babies Escape Golden Handcuffs: How Money And Politics Has Transformed The Career Paths Of Supreme Court Law Clerks, Artemus Ward, Christina Dwyer, Kiranjit Gill

Marquette Law Review

Job prospects for former Supreme Court law clerks have radically changed in recent years. Beginning in 1986, skyrocketing law firm signing bonuses caused a transformation from the natural sorting system, where clerks chose among private practice, government, academic, and public interest positions, to a Bonus Baby Regime where former clerks almost always choose to work in private firms after they leave the Court. This development is a result of both financial and ideological factors. While the more conservative clerking corps of recent years has been increasingly drawn to private practice, the firms themselves hire along ideological lines. Still, while former …

Clark Memorandum: Fall 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• In Praise of Thinking Like a Lawyer (James R. Rasband)
• Choices (Guido Calabresi)
• Be Not Afraid of Greatness (Allison Belnap)
• Marriage, Family Law, and the Temple (Elder Bruce C. Hafen)
• Lamentation (Arta Romney Ballif)

Law Clerks As Advisors: A Look At The Blackmun Papers, Zachary Wallander, Sara C. Benesh

Marquette Law Review

The Justices of the United States Supreme Court seek advice, by way of cert pool memos, when making their consequential agenda-setting decisions. There is some debate over the extent to which these law clerks actually influence the Justices. Focusing on the certiorari stage and on the information and advice provided to the Court via the cert pool memos, we ascertain the extent to which the contents of the memos drive the decision making of the Court. We find that information about conflict, amici, and the position of the United States does indeed influence the Court’s votes, but also that the …

Keynote Address: Secret Agents: Using Law Clerks Effectively, David R. Stras

Marquette Law Review

Recent scholarship discusses the role of law clerks and their role in influencing the courts on which they work. This Keynote Address discusses the nuts and bolts of law clerks, including how they are selected, what role they play on various courts, and their potential opportunities for influence.

How Critical Race Theory Marginalizes The African American Christian Tradition, Brandon Paradise

Michigan Journal of Race and Law

This Article offers the first comprehensive account of the marginalization of the African American Christian tradition in the movement of race and law scholarship known as critical race theory. While committed to grounding itself in the perspectives of communities of color, critical race theory has virtually ignored the significance of the fact that the civil rights movement came out of the Black church and that today more than eighty percent of African Americans self-identify as Christian. In practical terms, critical race theory’s neglect of the Christian tradition has meant that arguments developed in race and law scholarship are sometimes incompatible …

September 28, 2014: The Most Pressing Issue Of Our Time: The Relationship Between Science And Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Most Pressing Issue of Our Time: The Relationship between Science and Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 27, 2014: How To Pray, Bruce Ledewitz

Hallowed Secularism

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

September 24, 2014: What President Obama Should Have Said, Bruce Ledewitz

Hallowed Secularism

Blog post, “What President Obama Should Have Said“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 18, 2014" How To Think, Bruce Ledewitz

Hallowed Secularism

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

September 14, 2014: Chasing Moderates In Syria, Bruce Ledewitz

Hallowed Secularism

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

Twenty-One Theses On The Legal Legacy Of The French Revolution In Latin America, Dante Figueroa

Georgia Journal of International & Comparative Law

No abstract provided.

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.

International Law And Dworkin's Legal Monism, Michael S. Green

Popular Media

No abstract provided.

The Improbability Of Positivism, Andrew Tutt

Pace Law Review

Ronald Dworkin’s contributions to legal philosophy have been subject to severe criticism in recent years. Other legal philosophers call his arguments “deflected or discredited,” laced with “philosophical confusions,” and “deeply embedded” mistakes. As Brian Leiter writes, “[t]he only good news in the story about Dworkin’s impact on law and philosophy is that most of the field declined to follow the Dworkinian path . . . .”

This Article endeavors to show that, far from an effort beset with primitive errors, Dworkin’s challenge to legal positivism in the opening pages of his seminal work was neither misguided nor trivial. Rather, Dworkin’s …

September 6, 2014: Religion In Magic In The Moonlight, Bruce Ledewitz

Hallowed Secularism

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

September 1, 2014: Was Hallowed Secularism Just Ahead Of Its Time?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Was Hallowed Secularism Just Ahead of Its Time?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 28, 2014: Constitutional Passivity, Bruce Ledewitz

Hallowed Secularism

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

August 23, 2014: How To Teach Constitutional Law Now, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Teach Constitutional Law Now“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 19, 2014: The Unrest In Ferguson, Missouri, Bruce Ledewitz

Hallowed Secularism

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

August 17, 2014: Why Religion Is Better, Bruce Ledewitz

Hallowed Secularism

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