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Full-Text Articles in Law and Philosophy

Mr. Justice Breyer, Thank You For Your Service. Now Please Retire, Bruce Ledewitz Jul 2021

Mr. Justice Breyer, Thank You For Your Service. Now Please Retire, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


July 10, 2021: How To Raise A Secular Or A Religious Child, Bruce Ledewitz Jul 2021

July 10, 2021: How To Raise A Secular Or A Religious Child, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Raise a Secular or a Religious Child“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Fixing False Truths: Rethinking Truth Assumptions And Free-Expression Rationales In The Networked Era, Jared Schroeder Jul 2021

Fixing False Truths: Rethinking Truth Assumptions And Free-Expression Rationales In The Networked Era, Jared Schroeder

William & Mary Bill of Rights Journal

The First Amendment makes no mention of truth. Assumptions about truth, however, have become the foundations for free-expression rationales, the very bases for such freedoms in a democratic society. The Supreme Court gradually, over time, wedded Enlightenment assumptions about truth to the marketplace of ideas rationale for free expression. This Article examines, in light of massive, widespread adoption of networked technologies and AI and Supreme Court decisions that have undermined the distinctive role of truth, whether truth should be removed or replaced as a crucial, justifying concept in freedom of expression. The Article examines the marketplace approach’s history and assumptions, …


Yes, Allegheny Co. Da Zappala Should Resign Or Be Impeached. No, He Shouldn't Be The Target Of Legal Discipline, Bruce Ledewitz Jul 2021

Yes, Allegheny Co. Da Zappala Should Resign Or Be Impeached. No, He Shouldn't Be The Target Of Legal Discipline, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


July 8, 2021: Yes, Da Zappala Should Go But Not By A Legal Ethics Probe, Bruce Ledewitz Jul 2021

July 8, 2021: Yes, Da Zappala Should Go But Not By A Legal Ethics Probe, Bruce Ledewitz

Hallowed Secularism

Blog post, “Yes, DA Zappala should go but not by a legal ethics probe“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram Jul 2021

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram

Philosophy: Faculty Publications and Other Works

Abstract: Using examples drawn from gender-based asylum cases, this chapter examines how far recognition theory (RT) and discourse theory (DT) can guide social criticism of the judicial processing of women’s applications for protection under the Geneva Convention Relating to the Status of Refugees (1951) and subsequent protocols and guidelines put forward by the United Nations High Commissioner for Refugees (UNHCR). I argue that these theories can guide social criticism only when combined with other ethical approaches. In addition to humanitarian and human rights law, these theories must rely upon ideas drawn from distributive, compensatory, and epistemic justice. Drawing from recent …


July 5, 2021: The Greatest Column Ross Douthat Ever Wrote, Bruce Ledewitz Jul 2021

July 5, 2021: The Greatest Column Ross Douthat Ever Wrote, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Greatest Column Ross Douthat Ever Wrote“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 4, 2021: Better Than July 4, 2020, Bruce Ledewitz Jul 2021

July 4, 2021: Better Than July 4, 2020, Bruce Ledewitz

Hallowed Secularism

Blog post, “Better Than July 4, 2020“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 3, 2021: Follow Up Column In The Pittsburgh Jewish Chronicle, Bruce Ledewitz Jul 2021

July 3, 2021: Follow Up Column In The Pittsburgh Jewish Chronicle, Bruce Ledewitz

Hallowed Secularism

Blog post, “Follow up column in the Pittsburgh Jewish Chronicle“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Tailoring Public Health Policies, Govind Persad Jul 2021

Tailoring Public Health Policies, Govind Persad

Sturm College of Law: Faculty Scholarship

In an effort to contain the spread of COVID-19, many states and countries have adopted public health restrictions on activities previously considered commonplace: crossing state borders, eating indoors, gathering together, and even leaving one's home. These policies often focus on specific activities or groups, rather than imposing the same limits across the board. In this Article, I consider the law and ethics of these policies, which I call tailored policies.In Part II, I identify two types of tailored policies: activity-based and group-based. Activity-based restrictions respond to differences in the risks and benefits of specific activities, such as walking outdoors and …


Which America?: Judge Roger L. Gregory And The Tradition Of African-American Political Thought, Daniel Fryer Jul 2021

Which America?: Judge Roger L. Gregory And The Tradition Of African-American Political Thought, Daniel Fryer

Washington and Lee Law Review

In this Article, written in connection with a symposium honoring Chief Judge Roger L. Gregory’s twenty years on the bench, I place Judge Gregory’s jurisprudence within the tradition of African-American political thought. I suggest that, at bottom, Judge Gregory has a leveling-up jurisprudence that seeks to interpret the Constitution in a way that ensures the least well-off in society are granted the same rights as the most privileged. This brand of democratic theorizing approximates a mainstream position by Black political theorists optimistically seeking to have the least well-off integrated into a fully equal society. By comparing and contrasting his work …


With Jews Under Attack, Here Is A Chance To Act, Bruce Ledewitz Jun 2021

With Jews Under Attack, Here Is A Chance To Act, Bruce Ledewitz

Ledewitz Papers

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


We Are All Jews Now. To Fight Anti-Semitism, It’S Time To Don A Kippah, Bruce Ledewitz Jun 2021

We Are All Jews Now. To Fight Anti-Semitism, It’S Time To Don A Kippah, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


June 23, 2021: How To Respond To Anti-Semitic Attacks--This Week's Column, Bruce Ledewitz Jun 2021

June 23, 2021: How To Respond To Anti-Semitic Attacks--This Week's Column, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Respond to Anti-Semitic Attacks--This Week's Column“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 21, 2021: What Is The Future Of Secularism?, Bruce Ledewitz Jun 2021

June 21, 2021: What Is The Future Of Secularism?, Bruce Ledewitz

Hallowed Secularism

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


“All Wrong In Point Of Political Economy”: Attempting To Salvage The Oikos From The Polis In Bleak House, Leah Casey Jun 2021

“All Wrong In Point Of Political Economy”: Attempting To Salvage The Oikos From The Polis In Bleak House, Leah Casey

Independent Student Projects and Publications

This paper proposes that Dickens’s Bleak House is symptomatic of a so-called social realm, in which neither oikos nor polis exists as a distinct, autonomous entity; therefore, neither can offer sanctuary or adequately discharge the historical role of the household – maintaining life. In this zone of indistinction, the symbolic structures of London’s law have become the city’s physical structures, leading to symptoms like Jo the outlaw, whose illness and death is attributed to the failure of both the polis and the oikos – the city’s legal housekeeping and the law-as-house, respectively ­– to maintain life. London’s law has become …


June 9, 2021: We Need A Nov. 3 National Commission, Bruce Ledewitz Jun 2021

June 9, 2021: We Need A Nov. 3 National Commission, Bruce Ledewitz

Hallowed Secularism

Blog post, “We Need a Nov. 3 National Commission“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


We Never Needed A Jan. 6 Commission. We Need A Nov. 3 Commission. This Is Why, Bruce Ledewitz Jun 2021

We Never Needed A Jan. 6 Commission. We Need A Nov. 3 Commission. This Is Why, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


June 6, 2021: Putting The Hallowed Secular Talmud Aside For The Moment, Bruce Ledewitz Jun 2021

June 6, 2021: Putting The Hallowed Secular Talmud Aside For The Moment, Bruce Ledewitz

Hallowed Secularism

Blog post, “Putting the Hallowed Secular Talmud Aside for the Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 3, 2021: The Hallowed Secular Talmud, Bruce Ledewitz Jun 2021

June 3, 2021: The Hallowed Secular Talmud, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hallowed Secular Talmud“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 31, 2021: The Hallowed Secular Talmud, Bruce Ledewitz May 2021

May 31, 2021: The Hallowed Secular Talmud, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Hallowed Secular Talmud“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg May 2021

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.


Those Constitutional Amendments Were Aimed At The Pa. Supreme Court As Much As They Were At Wolf, Bruce Ledewitz May 2021

Those Constitutional Amendments Were Aimed At The Pa. Supreme Court As Much As They Were At Wolf, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


May 26, 2021: I Might End Up Voting For A Republican--This Week's Column In The Pennsylvania Capital-Star, Bruce Ledewitz May 2021

May 26, 2021: I Might End Up Voting For A Republican--This Week's Column In The Pennsylvania Capital-Star, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Might End Up Voting for a Republican--This Week's Column in the Pennsylvania Capital-Star“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 25, 2021: What Difference Does It Make If We Need God?, Bruce Ledewitz May 2021

May 25, 2021: What Difference Does It Make If We Need God?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Difference Does It Make If We Need God?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The “Age Of Rock” Versus The “Rock Of Ages”: Naturalism, Social Darwinism, And Fundamentalism In The Scopes Monkey Trial, Bessie Blackburn May 2021

The “Age Of Rock” Versus The “Rock Of Ages”: Naturalism, Social Darwinism, And Fundamentalism In The Scopes Monkey Trial, Bessie Blackburn

Helm's School of Government Conference - 2021-2024

Greek mythology once predominated the highest forms of culture known to man. Myths of how fire came to be in the hands of humans, or how the peacock got its spotted feathers were beloved cultural tales of origins.[1] With the decline of the ancient cultures, new ones blossomed in their place. However, the question of origin has remained a pertinent, central question of each culture, no matter how modern. The question of origin dictates who a person believes himself to be, where he believes himself to be going, and what he believes himself to be doing. The question of …


A Closer Look At Pa.’S Fraught 2021 Ballot Questions, Bruce Ledewitz May 2021

A Closer Look At Pa.’S Fraught 2021 Ballot Questions, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


May 12, 2021: A Closer Look At The Pa Ballot Questions, Bruce Ledewitz May 2021

May 12, 2021: A Closer Look At The Pa Ballot Questions, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Closer Look at the Pa Ballot Questions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 6, 2021: Opioids "Make The World Appear More Meaningful", Bruce Ledewitz May 2021

May 6, 2021: Opioids "Make The World Appear More Meaningful", Bruce Ledewitz

Hallowed Secularism

Blog post, "Opioids make the world appear more meaningful"““ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 4, 2021: No, We Will Not Find God, But We Might Find Something Else, Bruce Ledewitz May 2021

May 4, 2021: No, We Will Not Find God, But We Might Find Something Else, Bruce Ledewitz

Hallowed Secularism

Blog post, “No, We Will Not Find God, But We Might Find Something Else“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.