Law and Philosophy Commons^™

Introduction To The Symposium On Ronald Dworkin's Religion Without God, James E. Fleming

Faculty Scholarship

Boston University School of Law and the Boston University Law Review are proud to publish this Symposium on Dworkin’s final book, Religion Without God (Harvard University Press, 2013), as a sequel to our 2009 Symposium on his Justice for Hedgehogs. The Symposium includes an introduction and eulogy by James E. Fleming and contributions by a number of the most distinguished scholars of law and religion in the United States and the United Kingdom: Jeremy Waldron, Stephen L. Carter, Paul Horwitz, Andrew Koppelman, Cécile Laborde, Linda C. McClain, Micah Schwartzman, and Steven D. Smith.

June 25, 2014: The Coming Revolution In Islam, Bruce Ledewitz

Hallowed Secularism

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

June 22, 2014: You Cannot Make Peace With These People, Bruce Ledewitz

Hallowed Secularism

Blog post, “You Cannot Make Peace With These People“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 18, 2014: The Decline Of Islam, Bruce Ledewitz

Hallowed Secularism

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

June 13, 2014: The New Spirituality, Bruce Ledewitz

Hallowed Secularism

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

June 9, 2014: “It Matters What’S True.”, Bruce Ledewitz

Hallowed Secularism

Blog post, “ “It matters what’s true.”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 5, 2014: Do You Have To Believe In God To Be Jewish?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Do You Have To Believe in God to Be Jewish?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Rejecting The Legal Process Theory Joker: Bill Nelson's Scholarship On Judge Edward Weinfeld And Justice Byron White, Brad Snyder

Chicago-Kent Law Review

My contribution to this tribute places Bill Nelson’s scholarship about Judge Edward Weinfeld and Justice Byron White within several contexts. It is a personal history of Nelson the law student, law clerk, and young scholar; an intellectual history of legal theory since the 1960s; an examination of the influence of legal theory on Nelson’s scholarship based on his writings about Weinfeld and White; and an example of how legal historians contend with the subject of judicial reputation. Nelson was one of many former Warren Court and Burger Court clerks who joined the professoriate and rejected the legal process theory that …

The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decisions According To Law?, James R. Maxeiner

Georgia State University Law Review

This essay is a critical response to the 2013 commemorations of the75th anniversary of the Federal Rules of Civil Procedure.The Federal Rules of Civil Procedure were introduced in 1938 to provide procedure to decide cases on their merits. The Rules were designed to replace decisions under the “sporting theory of justice”with decisions according to law.

By 1976, at midlife, it was clear that they were not achieving their goal. America’s proceduralists split into two sides about what to do. One side promotes rules that control and conclude litigation: e.g.,plausibility pleading, case management, limited discovery, cost indemnity for discovery, and summary …

The Positive Foundations Of Formalism: False Necessity And American Legal Realism, Lawrence B. Solum

Faculty Scholarship

"The Positive Foundations of Formalism: False Necessity and American Legal Realism" explores the relationship between claims that judging is inherently political or ideological and contemporary studies of judicial behavior. These themes are developed in the context of a review of "The Behavior of Federal Judges" by Lee Epstein, William M. Landes, and Richard Posner.

In this review, I begin in Part I with the book’s core, situating Behavior of Federal Judges’ empirical findings in the context of the evolution of the attitudinal model and the emergence of empirical studies of judicial behavior that emphasize the role of law as an …

May 29, 2014: The Privatization Of Health Care, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Privatization of Health Care“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 23, 2014: Governor's Move Pure Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Governor's Move Pure Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 17, 2014: The End Of Democracy, Bruce Ledewitz

Hallowed Secularism

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

May 14, 2014: When Science And Religion Mixed, Bruce Ledewitz

Hallowed Secularism

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

May 11, 2014: Would The World Be Better Off Without Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Would the World Be Better Off Without Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 5, 2014: A Brain Dead Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Brain Dead Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 3, 2014: The End Of The American Experiment, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of the American Experiment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 29, 2014: The Fight Over The Personhood Of Animals, Bruce Ledewitz

Hallowed Secularism

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

April 25, 2014: The Progressive/Religious Alliance, Bruce Ledewitz

Hallowed Secularism

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

April 20, 2014: A Joyous Easter To All Christians—And Go See Particle Physics, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Joyous Easter to All Christians—and Go See Particle Physics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.