January 11, 2013: Rest Of Taking Nihilism Seriously , Parts 4&5,
2013
Duquesne University
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,
2013
Duquesne University
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,
2013
Duquesne University
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,
2013
Duquesne University
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,
2013
Duquesne University
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,
2013
Barry University
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,
2013
Washington and Lee University School of Law
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),
2013
University of Denver
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 …
Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed,
2013
University of Michigan Law School
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,
2013
University of Michigan Law School
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,
2013
University of Michigan Law School
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.
Devising Law: On The Philosophy Of Legal Emblems,
2013
Benjamin N. Cardozo School of Law
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
NYLS Law Review
No abstract provided.
The Case Against The Case Against The Death Penalty,
2013
Saint Louis University School of Law
The Case Against The Case Against The Death Penalty, Chad W. Flanders
All Faculty Scholarship
Despite the continuing belief by a majority of Americans that the death penalty is morally permissible, the death penalty has few academic defenders. This lack of academic defenders is puzzling because of the strong philosophical justification the death penalty finds in traditional theories of punishment. The three major theories of punishment (the deterrent, the retributive, and the rehabilitative), far from showing that the death penalty is not justified, tend to provide good reasons to favor the death penalty. Indeed, every attempt to show that the major theories of punishment rule out the death penalty either involves smuggling in other assumptions …
Micro-Symposium On Orin Kerr's 'A Theory Of Law',
2013
Willamette University College of Law
Micro-Symposium On Orin Kerr's 'A Theory Of Law', Laura Appleman, Shawn Bayern, Adam D. Chandler, Robert Cheren, Miriam A. Cherry, Ross E. Davies, Lee Anne Fennell, Paul A. Gowder, Caitlin Hartsell, Kieran Healy, Robert A. James, Jeffrey H. Kahn, Orin S. Kerr, Jacob T. Levy, Jeffrey M. Lipshaw, Orly Lobel, Geoffrey A. Manne, Chad M. Oldfather, Ronak Patel, Jeffrey A. Pojanowski, Alexandra J. Roberts, Kent Scheidegger, Arthur Stock, Anders Walker
All Faculty Scholarship
For more than a century, careful readers of the Green Bag have known that “[t]here is nothing sacred in a theory of law...which has outlived its usefulness or which was radically wrong from the beginning...The question is What is the law and what is the true public policy?” Professor Orin Kerr bravely, creatively, and eloquently answered that question in his article, “A Theory of Law,” in the Autumn 2012 issue of the Green Bag. Uniquely among all theories of law that I know of, Kerr’s answer to the fundamental question of law and true public policy enables all scholars to …
Review Of Corrective Justice, By E. Weinrib,
2013
University of Michigan Law School
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 …
News In Cyberspace: The Creation Of The New Ignorance,
2013
Florida Agricultural and Mechanical University
News In Cyberspace: The Creation Of The New Ignorance, Ronald Charles Griffin
Journal Publications
Computers are dummying us down. Book learning has given way to computer speak. Modern technology overwhelms us. Users are enthralled with gadgets to the point where they have lost themselves in them. We have abandoned, perhaps mislaid, our sense for ignorance; what it means to be illiterate in the 21st century; and working definitions for truth. In this environment a dab of education (enough to make somebody lethal), a sprinkle of bigotry, and fear produce people with ideas that are bad for us. This essay cautions against trucking with those folk; it marks what they do in the media that …
Law Among The Sight Lovers,
2013
University of the Pacific McGeorge School of Law
Law Among The Sight Lovers, Francis J. Mootz Iii
NYLS Law Review
No abstract provided.
The Filaments Of The Vicarious: Notes To The Authors Of This Book,
2013
University of Michigan Law School
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 …
Order In The Desert: Law Abiding Behavior At Burning Man,
2013
Florida International University College of Law
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Faculty Publications
No abstract provided.
Becker And Foucault On Crime And Punishment – A Conversation With Gary Becker, François Ewald, And Bernard Harcourt: The Second Session,
2013
Conservatoire National des Arts et Métiers
Becker And Foucault On Crime And Punishment – A Conversation With Gary Becker, François Ewald, And Bernard Harcourt: The Second Session, Gary S. Becker, Francois Ewald, Bernard E. Harcourt
Faculty Scholarship
In his 1979 lectures at the Collège de France, The Birth of Biopolitics, Michel Foucault discussed and analyzed Gary Becker’s economic theory of crime and punishment, originally published in The Journal of Political Economy in 1968 under the title “Crime and Punishment: An Economic Approach.” In this historic, second encounter at the University of Chicago, Gary Becker responds to Foucault’s lectures and possible critical readings of his writings on crime and punishment, in conversation with Professors François Ewald (who was, at the time in 1979, Foucault’s assistant at the Collège and one of Foucault’s closest interlocutors) and Bernard Harcourt (a …
