Meaning And Belief In Constitutional Interpretation,
2013
Cornell University
Meaning And Belief In Constitutional Interpretation, Andrei Marmor
Cornell Law Faculty Publications
The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to the contrary, that fidelity to the Constitution requires an understanding of its provisions according to the particular conception of …
October 31, 2013: Hypocrisy Over Turkey,
2013
Duquesne University
October 31, 2013: Hypocrisy Over Turkey, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hypocrisy over Turkey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 26, 2013: In God We Trust In The Public Schools,
2013
Duquesne University
October 26, 2013: In God We Trust In The Public Schools, Bruce Ledewitz
Hallowed Secularism
Blog post, “In God We Trust in the Public Schools“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 18, 2013: One Cheer For John Boehner,
2013
Duquesne University
October 18, 2013: One Cheer For John Boehner, Bruce Ledewitz
Hallowed Secularism
Blog post, “One Cheer for John Boehner“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 5, 2013: Break From Blogging,
2013
Duquesne University
October 5, 2013: Break From Blogging, Bruce Ledewitz
Hallowed Secularism
Blog post, “Break from Blogging“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 2, 2013: The Sharing Economy,
2013
Duquesne University
October 2, 2013: The Sharing Economy, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Sharing Economy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Future Of Philanthropy: Questioning Today's Orthodoxies, Re-Affirming Yesterday's Foundations,
2013
Florida State University College of Law
The Future Of Philanthropy: Questioning Today's Orthodoxies, Re-Affirming Yesterday's Foundations, Rob Atkinson
Scholarly Publications
No abstract provided.
Unseating Privilege: Rawls, Equality Of Opportunity, And Wealth Transfer Taxation,
2013
University of Kentucky College of Law
Unseating Privilege: Rawls, Equality Of Opportunity, And Wealth Transfer Taxation, Jennifer Bird-Pollan
Law Faculty Scholarly Articles
This Article is the second in a series that examines the estate tax from a particular philosophical position in order to demonstrate the relevance and importance of the wealth transfer taxes to that position. In this Article, I explore Rawlsian equality of opportunity, a philosophical position that is at the heart of much American thought. Equality of opportunity requires not only ensuring that sufficient opportunities are available to the least well-off members of society but also that opportunities are not available to other members merely because of their wealth or other arbitrary advantages. Therefore, an income tax alone, even one …
Feeling Relational: The Use Of Buddhist Meditation In
Restorative Practices,
2013
Lenczner Slaght Royce Smith Griffin
Feeling Relational: The Use Of Buddhist Meditation In Restorative Practices, Gordon Shotwell
Dalhousie Law Journal
Some theorists have argued that restorative justice can be defined as a theory of justice based on the. relationality of self-the idea that the self exists in and through its relationships with others. This account of self, while analytically compelling, conflicts with our intuitions of individuality I argue that Buddhist metaphysics provides an explanation of this conflict, and that meditation practice can help restorative justice practitioners develop an intuitive understanding of the relationality of self.
Roe V. Wade At 40,
2013
Notre Dame Law School
Roe V. Wade At 40, Gerard V. Bradley
Journal Articles
Under the leadership of Chief Justice Warren Burger, who joined it in 1969, the Supreme Court departed from the course taken during the 16-year tenure of his predecessor, Earl Warren. The Burger Court rolled back precedents in criminal procedure and obscenity, while stopping the drive to universalize welfare rights and equalize public schooling expenditures. Roe v. Wade (1973), on the other hand, extended the Warren Court's deepest commitments: sexual liberation, obviously; equality, with respect to both race and class; and even church-state separation, insofar as the Roe Justices identified opposition to abortion with Catholic dogma. These more or less "progressive" …
September 27, 2013: What Is The Meaning Of The Fall/Original Sin?,
2013
Duquesne University
September 27, 2013: What Is The Meaning Of The Fall/Original Sin?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Is the Meaning of the Fall/Original Sin?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 22, 2013: The Believer Who Wills Not To Believe,
2013
Duquesne University
September 22, 2013: The Believer Who Wills Not To Believe, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Believer Who Wills Not To Believe“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 18, 2013: The Historical Record Suggests That Jesus Was Unique,
2013
Duquesne University
September 18, 2013: The Historical Record Suggests That Jesus Was Unique, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Historical Record Suggests That Jesus Was Unique“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 13, 2013: Kol Nidre,
2013
Duquesne University
September 13, 2013: Kol Nidre, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Kol Nidre“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 11, 2013: On The Occasion Of 9/11,
2013
Duquesne University
September 11, 2013: On The Occasion Of 9/11, Bruce Ledewitz
Hallowed Secularism
Blog post, “On the Occasion of 9/11“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 7, 2013: Religious Identity And Sports Teams,
2013
Duquesne University
September 7, 2013: Religious Identity And Sports Teams, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religious Identity and Sports Teams“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 3, 2013: Why Jewish, But Not Christian, Writers?,
2013
Duquesne University
September 3, 2013: Why Jewish, But Not Christian, Writers?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Jewish, but Not Christian, Writers?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
On Hart's Category Mistake,
2013
William & Mary Law School
On Hart's Category Mistake, Michael S. Green
Faculty Publications
This essay concerns Scott Shapiro’s criticism that H.L.A. Hart’s theory of law suffers from a “category mistake.” Although other philosophers of law have summarily dismissed Shapiro’s criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro’s planning theory of law is that it can explain this phenomenon. Despite these sympathies, however, I end with the suggestion that Shapiro’s criticism of Hart, as it stands, is …
August 29, 2013: No New Year For Secularists,
2013
Duquesne University
August 29, 2013: No New Year For Secularists, Bruce Ledewitz
Hallowed Secularism
Blog post, “No New Year for Secularists“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 24, 2013: Charles Krauthammer Loses His Way,
2013
Duquesne University
August 24, 2013: Charles Krauthammer Loses His Way, Bruce Ledewitz
Hallowed Secularism
Blog post, “Charles Krauthammer Loses His Way“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
