January 15, 2012: Visiting The Center For Inquiry,
2012
Duquesne University
January 15, 2012: Visiting The Center For Inquiry, Bruce Ledewitz
Hallowed Secularism
Blog post, “Visiting the Center for Inquiry“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 12, 2012: The New Foundations Of The Ministerial Exception,
2012
Duquesne University
January 12, 2012: The New Foundations Of The Ministerial Exception, Bruce Ledewitz
Hallowed Secularism
Blog post, “The New Foundations of the Ministerial Exception“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 10, 2012: The Ministerial Exception Must Be Put On New Foundations,
2012
Duquesne University
January 10, 2012: The Ministerial Exception Must Be Put On New Foundations, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Ministerial Exception Must be Put on New Foundations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 6, 2012: I Have A Soft Spot For Rick Santorum,
2012
Duquesne University
January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz
Hallowed Secularism
Blog post, “ I Have a Soft Spot for Rick Santorum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 3, 2012: Jacques Berlinerblau’S Anti-Religion List,
2012
Duquesne University
January 3, 2012: Jacques Berlinerblau’S Anti-Religion List, Bruce Ledewitz
Hallowed Secularism
Blog post, “Jacques Berlinerblau’s anti-Religion List“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Toward A Meaning-Full Establishment Clause Neutrality,
2012
Duquesne University
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Robert Taylor, An Appreciation,
2012
Duquesne University
Robert Taylor, An Appreciation, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Feminist Legal Realism,
2012
University of the District of Columbia
Feminist Legal Realism, Mae C. Quinn
Journal Articles
This Article begins to rethink current conceptions of two of the most significant legal movements in this country1—Legal Realism and Feminist Jurisprudence. The story of Legal Realism has been retold for decades. Authors have dedicated countless books,2 law review articles,3 and blog posts4 to the subject. Legal and other scholars repeatedly have attempted to define better the movement and ascertain its adherents. Although the usual suspects— Karl Llewellyn, Roscoe Pound, and Jerome Frank—are almost always a part of the conversation, surprisingly few agree on the totality of Realism’s personage or parameters. The lists of those considered realists— and there are …
Grassroots Originalism: Rethinking The Politics Of Judicial Philosophy,
2012
Florida State University College of Law
Grassroots Originalism: Rethinking The Politics Of Judicial Philosophy, Mary Ziegler
Scholarly Publications
How has originalism become so politically successful? In answering this question, leading scholarship has focused on the ways in which political leaders, judges, and lawyers have cultivated popular support for originalism. In one account, legal academics, politicians, and judges have explained the legal merits of originalism as a method of interpretation: its political neutrality and its democratic legitimacy. In a second version, political leaders—in particular, the Reagan Administration and the judges it nominated—made apparent that originalism would often produce outcomes that social conservatives found satisfactory. With some exceptions, leading studies primarily address the contributions made by elites to rhetoric about …
The Mutability Of Public Reason,
2012
Saint Louis University School of Law
The Mutability Of Public Reason, Chad Flanders
All Faculty Scholarship
Rawls's “public reason” has not been without its critics. One criticism is that public reason is “conservative.” Public reason must rely on those beliefs that are “widely shared” among citizens. But if public reason relies on widely shared beliefs, how can it change without departing from those beliefs, thus violating public reason? In part one of my essay, I introduce the conservatism objection and describe two unsatisfactory responses to it. Part two argues that there are aspects of public reason which diminish the force of the conservatism objection: first, that public reason is historical, and second, that it is mutable.
Two And A Half Ethical Theories: Re-Examining The Foundations Of The Carnegie Report,
2012
University of Kentucky College of Law
Two And A Half Ethical Theories: Re-Examining The Foundations Of The Carnegie Report, Mark F. Kightlinger
Law Faculty Scholarly Articles
In the past three years, the American Bar Association, several major state bar associations, the Association of American Law Schools, the New York Times, law students, and many legal educators have called for fundamental changes in the way we educate new lawyers. Some critics have suggested that legal education faces a crisis that will be exacerbated by rising tuitions, declining enrollments, and a precipitous drop in the demand for new lawyers. Most of those calling for change have relied on the critical analysis of modem legal education presented in a 2007 report by the Carnegie Foundation for the Advancement …
Law Among The Sight Lovers,
2012
Pacific McGeorge School of Law
Law Among The Sight Lovers, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Experimental Pragmatism In The Third Globalization,
2012
University of Colorado Law School
Experimental Pragmatism In The Third Globalization, Justin Deystone
Publications
Pragmatism dominates contemporary legal thought, but knowing this isn’t knowing so much. Legal pragmatism means different things to different people, and as this essay argues, minimalist and experimentalist forms of regulation both share a broadly pragmatic sensibility about law and democracy. As a consequence, we need to tease out the various threads of legal pragmatism in the hope of distinguishing the pragmatisms that work from the ones that don’t, or less pragmatically, the ones that are just from the ones that are not. This knowledge will come from an ongoing assessment of the political stakes immanent in the pragmatisms, and …
"Other Spaces" In Legal Pedagogy,
2012
University of Colorado Law School
"Other Spaces" In Legal Pedagogy, Lolita Buckner Inniss
Publications
There is an increasing focus upon the material and metaphoric spatial dimensions of various academic disciplines, including law. This essay considers the spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT). The essay first explains the "critical program" in law and how CRT grows out of it. The essay then suggests that the critical program, and especially CRT, is as much a human geographic or spatial construct as it is a social, political or historic one, and briefly describes the nature of human geography and legal geography. It next considers how metaphors for understanding CRT's position in legal …
Law And Ethics For Robot Soldiers,
2012
Columbia Law School
Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew C. Waxman
Faculty Scholarship
Lethal autonomous machines will inevitably enter the future battlefield – but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing tempo of military operations and political pressures to protect one’s own personnel and civilian persons and property will demand continuing research, development, and …
The Moral Dimension Of Employment Dispute Resolution,
2012
University of Michigan Law School
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
Articles
Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …
Cute Prickly Critter With Presbyopia,
2012
University of Michigan Law School
Cute Prickly Critter With Presbyopia, Don Herzog
Reviews
Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but …
What Useful Role (If Any) Could Legal Positivism Play In The Study Or Advancement Of International Law?,
2012
University of Baltimore School of Law
What Useful Role (If Any) Could Legal Positivism Play In The Study Or Advancement Of International Law?, Mortimer N.S. Sellers
All Faculty Scholarship
What useful role (if any) could legal positivism play in the study or advancement of international law? For most of those who remember this once fashionable term at all, "international legal positivism" is redolent of the early years of the twentieth century-of Lassa Oppenheim' at best, and at worst of his model, John Austin, who famously denied that international law is or ever could be genuine law at all, "properly so called." 2 "Positive" law in its central and most usual sense is law "set by a sovereign individual or a sovereign body ... to a person or persons in …
Aggregation Of Probabilities And Illogic,
2012
Cornell University
Aggregation Of Probabilities And Illogic, Kevin M. Clermont
Georgia Law Review
Classical logic and probability theory produce in law the
troublesome paradox of aggregation of claims: On the
other hand, logic seems to tell us that the aggregated
likelihood of alternative claims elevates in response to
probability's rules; thus, if the plaintiff almost proves
claim A and almost proves an alternative but independent
claim B, then the plaintiff should win one. On the other
hand, because the law requires each claim to meet the
standard of proof, and thus refuses to apply the proof
standard to the aggregation, the plaintiff loses in
actuality; legal scholars despair in consequences-
including Ariel Porat …
Political Disobedience,
2012
Columbia Law School
Political Disobedience, Bernard E. Harcourt
Faculty Scholarship
The political phenomenon that was born in Zuccotti Park in the fall of 2011 and spread rapidly across the nation and abroad immediately challenged our vocabulary, our grammar, our political categories – in short, our very language of politics. Although it was quickly apparent that a political paradigm shift had taken place before our eyes, it was hard to discern what Occupy Wall Street really represented, politically. It is time to begin to name this phenomenon and in naming to better understand it. So let me propose a term: political disobedience.
