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Full-Text Articles in Law and Philosophy

March 6, 2013: Charles Taylor’S Error, Bruce Ledewitz Mar 2013

March 6, 2013: Charles Taylor’S Error, Bruce Ledewitz

Hallowed Secularism

Blog post, “Charles Taylor’s Error“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 5, 2013: An Open Letter To David Brooks, Bruce Ledewitz Mar 2013

March 5, 2013: An Open Letter To David Brooks, Bruce Ledewitz

Hallowed Secularism

Blog post, “An Open Letter to David Brooks“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 3, 2013: What Is The Meaning Of Faith Today?, Bruce Ledewitz Mar 2013

March 3, 2013: What Is The Meaning Of Faith Today?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is the Meaning of Faith Today?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 1, 2013: Farewell To Pope Benedict, Bruce Ledewitz Mar 2013

March 1, 2013: Farewell To Pope Benedict, Bruce Ledewitz

Hallowed Secularism

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


February 28, 2013: Heidegger And The Jews, Bruce Ledewitz Feb 2013

February 28, 2013: Heidegger And The Jews, Bruce Ledewitz

Hallowed Secularism

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


February 22, 2013: Time Off For Surgery, Bruce Ledewitz Feb 2013

February 22, 2013: Time Off For Surgery, Bruce Ledewitz

Hallowed Secularism

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


February 22, 2013: Time Off For Minor Surgery, Bruce Ledewitz Feb 2013

February 22, 2013: Time Off For Minor Surgery, Bruce Ledewitz

Hallowed Secularism

Blog post, “Time Off for Minor Surgery“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 16, 2013: No One Believes In Separation Of Church And State, Bruce Ledewitz Feb 2013

February 16, 2013: No One Believes In Separation Of Church And State, Bruce Ledewitz

Hallowed Secularism

Blog post, “No One Believes in Separation of Church and State“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 12, 2013: The Absurdity Of Corporate Religious Freedom, Bruce Ledewitz Feb 2013

February 12, 2013: The Absurdity Of Corporate Religious Freedom, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Absurdity of Corporate Religious Freedom“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 9, 2013: Nihilism At Sports Illustrated, Bruce Ledewitz Feb 2013

February 9, 2013: Nihilism At Sports Illustrated, Bruce Ledewitz

Hallowed Secularism

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


February 6, 2013: Why Tolerate Conscience?, Bruce Ledewitz Feb 2013

February 6, 2013: Why Tolerate Conscience?, Bruce Ledewitz

Hallowed Secularism

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


February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz Feb 2013

February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Response to Obama’s Contraception Initiative“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 30, 2013: Mind And Cosmos, Bruce Ledewitz Jan 2013

January 30, 2013: Mind And Cosmos, Bruce Ledewitz

Hallowed Secularism

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


January 24, 2013: What Was President Obama’S Speech About?, Bruce Ledewitz Jan 2013

January 24, 2013: What Was President Obama’S Speech About?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Was President Obama’s Speech About?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 20, 2013: Jeffrey Tucker Defends The Morality Of Markets At Duquesne University Talk, Bruce Ledewitz Jan 2013

January 20, 2013: Jeffrey Tucker Defends The Morality Of Markets At Duquesne University Talk, Bruce Ledewitz

Hallowed Secularism

Blog post, “Jeffrey Tucker Defends the Morality of Markets at Duquesne University Talk“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz Jan 2013

January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Agree With Some of the Words of Pastor Louie Giglio“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 13, 2013: Why Tolerate Religion? Because Secularists Need It, Bruce Ledewitz Jan 2013

January 13, 2013: Why Tolerate Religion? Because Secularists Need It, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Tolerate Religion? Because Secularists Need It“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 11, 2013: Rest Of Taking Nihilism Seriously , Parts 4&5, Bruce Ledewitz Jan 2013

January 11, 2013: Rest Of Taking Nihilism Seriously , Parts 4&5, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rest of Taking Nihilism Seriously , Parts 4&5“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 8, 2013: More On Taking Nihilism Seriously, Part 3, Bruce Ledewitz Jan 2013

January 8, 2013: More On Taking Nihilism Seriously, Part 3, Bruce Ledewitz

Hallowed Secularism

Blog post, “More On Taking Nihilism Seriously, Part 3“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 7, 2013: The Error Of Theism And Atheism Is The Same And Must Be Overcome Together, Bruce Ledewitz Jan 2013

January 7, 2013: The Error Of Theism And Atheism Is The Same And Must Be Overcome Together, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Error of Theism and Atheism is the Same and Must be Overcome Together“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 6, 2013: On Taking Nihilism Seriously, Bruce Ledewitz Jan 2013

January 6, 2013: On Taking Nihilism Seriously, Bruce Ledewitz

Hallowed Secularism

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


January 5, 2013: Restoring The Lost Constitution, Bruce Ledewitz Jan 2013

January 5, 2013: Restoring The Lost Constitution, Bruce Ledewitz

Hallowed Secularism

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


Instrumentalist And Holmesian Voices In The Rhetoric Of Reapportionment: The Opinions Of Justices Brennan And Frankfurter In Baker V. Carr, Carlo A. Pedrioli Jan 2013

Instrumentalist And Holmesian Voices In The Rhetoric Of Reapportionment: The Opinions Of Justices Brennan And Frankfurter In Baker V. Carr, Carlo A. Pedrioli

Faculty Scholarship

In his autobiography, Chief Justice Earl Warren described Baker v.Carr as “the most important case of [his] tenure on the Court.” Following Brown v. Board of Education by eight years, Baker was the second “blockbuster” case of the Warren Court. Warren felt that, if the progeny of Baker had preceded Brown, Brown would have been unnecessary. As with other major Supreme Court cases, Baker featured rhetoric from highly influential justices, two of whom in this case were Justice William Brennan and Justice Felix Frankfurter. Justice Brennan would write the groundbreaking opinion for the Court that would be part of “the …


Process For The Dispossessed: Procedural Rights From Magna Carta To Modern International Law, Mark A. Drumbl Jan 2013

Process For The Dispossessed: Procedural Rights From Magna Carta To Modern International Law, Mark A. Drumbl

Scholarly Articles

Due process matters greatly to distinguished philosopher Larry May, who advocates for a vigourous assertion of procedural rights as constituting an international rule of law. He undertakes this ambitious, a la fois aspirational, task in Global Justice and Due Process.


What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad Jan 2013

What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad

Sturm College of Law: Faculty Scholarship

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: 1) Should we provide …


Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz Jan 2013

Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz

Reviews

I once heard it said of a famous philosopher of law that he never allowed his philosophy to be polluted by law. No one will ever say that about Ernie Weinrib. His latest book - Corrective Justice - is exceptional precisely because Weinrib is deeply informed about legal doctrine. Of course, he also has formidable philosophical skill, and in bringing that to bear on doctrine, he dismantles any thought that corrective justice is too abstract a concept to shed light on the practical problems that courts face. Along the way, he also demol­ ishes the instrumentalism that has recently dominated …


Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen Jan 2013

Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen

Michigan Journal of Gender & Law

In 2010, the United States Supreme Court ruled in Doe v. Reed that Washington citizens who signed a petition to eliminate legal rights for LGBT couples did not have a right to keep their names secret. A year later, in ProtectMarriage.com v. Bowen, a district court in California partially relied on Reed to reject a similar request from groups who lobbied for California Proposition 8-a constitutional amendment that overturned the California Supreme Court's landmark 2008 gay marriage decision. These holdings are important to election law, feminist, and first amendment scholars for a number of reasons. First, they flip the traditional …


Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining Jan 2013

Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining

Book Chapters

'To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals.' This was Telford Taylor, beginning the presentation of the 'Medical Case' at the Nuremberg Trials after the Second World War. The 'Medical Case' was not about genocide or war or the conduct of war. It was about experimentation on human beings; and it was this trial that produced the 'Nuremberg Code', the first control of such treatment of human beings by one another. The word 'individual' came naturally to Taylor the lawyer as a starting point, and with …


The Creation Of Authority In A Sermon By Saint Augustine, James Boyd White Jan 2013

The Creation Of Authority In A Sermon By Saint Augustine, James Boyd White

Book Chapters

My way of honoring Joe today will not be to describe or extol his achievements directly but to try to show something of what I have learned from him, particularly in the way I approach a new text and problem, in this case the creation of authority in one of Augustine's sermons.


The Filaments Of The Vicarious: Notes To The Authors Of This Book, Joseph Vining Jan 2013

The Filaments Of The Vicarious: Notes To The Authors Of This Book, Joseph Vining

Book Chapters

Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and lives. Origins and influences can begin with a biology teacher in secondary school, J. C. Catt, for whom I wrote a long paper on a drop …