Technology - Revealing Or Framing The Truth? A Jurisprudential Debate,
2022
Duquesne University
Technology - Revealing Or Framing The Truth? A Jurisprudential Debate, Dana Neacsu
Law Faculty Publications
Technology is so much more than a prosthetic. But how much more? And what else is it? In the legal realm, its role is not yet clear. Such a lack of elucidation becomes problematic, especially when technology has the ability to convert assumptions into facts, and it takes on a truth-making, rather than a mere truth-revealing mission. This Article argues that it is problematic to enable technology to stand in for reflective thinking, and calls attention to the fact that evidentiary rules enable technology to decide what can be proven, ergo what truth is. Technology is a fork in the …
Bridges Of Law, Ideology, And Commitment,
2022
Wayne State University Law School
Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …
A Leak? The Supreme Court Tipped Its Hand On Abortion Long
Ago,
2022
Duquesne University
A Leak? The Supreme Court Tipped Its Hand On Abortion Long Ago, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Dream Of The Common Good: Not A Nightmare,
2022
University of Mississippi
The Dream Of The Common Good: Not A Nightmare, Jackson Gregory Dellinger
Honors Theses
This paper examines an emerging position in the philosophy of law, common-good constitutionalism. In the first two parts of the paper, I explain the position and constitutionalism more generally, examining how common-good constitutionalism fits within the definition of constitutionalism providing by a neutral scholar. In the next five parts, I attempt to show that common-good constitutionalism’s preference for explicit adherence to the common good does not violate constitutionalism. In doing so, I provide an examination of common-good constitutionalism’s relationship with three important constitutional principles and the separability of common-good constitutionalism as a whole and the infamous views of its most …
Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots,
2022
Clemson University
Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves
All Dissertations
Poetic Justice: Connecting the Modern American Prosecutor to her Rhetorical Roots explores the gap between rhetoric and the American prosecutor, to eventually advocate for a more creative, inventive trial practice for prosecutors that embraces the spirit and methods of narrative, poetics, and Ulmeric mystories, with the prosecutor’s unique ethical obligations forming the basis of a new prosecutor’s rhetoric. This research opens with an autoethnographic account of the author’s own path to criminal prosecution, to give the reader a sense of the author’s ethos, to identify the shortcomings of rhetorical training in law school pedagogy, and to outline the rhetorical …
Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach,
2022
University of Nevada, Reno
Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter
All Dissertations
This dissertation critiques the systems theory approach to incarceration policy, practice, and research and proposes a rhetorically informed spatial theory approach as an alternative. Offering a non-hierarchical complexity theory as a bridge between systems and space, I then integrate rhetorical listening as a strategy for navigating and operationalizing our proposed spatial theory approach. I then apply our proposed methodology to archival research, focusing on the South Carolina Penitentiary as a case study, and offer two heuretic experiments to explore the range of this methodology for archival research. I also explore potential applications of this rhetorically informed spatial theory approach in …
How A Shuttered Bathroom At A Pgh Grocery Store Explains Structural Racism,
2022
Duquesne University
How A Shuttered Bathroom At A Pgh Grocery Store Explains Structural Racism, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
On The Elimination Of Cash Bail,
2022
University of Alabama in Huntsville
On The Elimination Of Cash Bail, Lucas Baudry
Honors Capstone Projects and Theses
No abstract provided.
Toomey’S Vote Against Ketanji Brown Jackson Set A Dangerous Precedent. Here's Why,
2022
Duquesne University
Toomey’S Vote Against Ketanji Brown Jackson Set A Dangerous Precedent. Here's Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Declaration Of Independence, Constitution, And Slavery,
2022
Liberty University
The Declaration Of Independence, Constitution, And Slavery, Johnny B. Davis
Helm's School of Government Conference - 2021-2024
The paper address the nature of the principles of the Declaration and the Declaration's relationship to the Constitution and how these related to slavery. The argument is that the Declaration did stand for universal equality of the individual before God and the law and therefore its principles condemned slavery. The Constitution did not embrace slavery even though it failed to ban slavery but did set the foundation for the end of slavery.
How To Decide Religious Liberty Cases: An Analysis Of Balancing Versus Principalism,
2022
Cedarville University
How To Decide Religious Liberty Cases: An Analysis Of Balancing Versus Principalism, Marc A. Clauson
Helm's School of Government Conference - 2021-2024
No abstract provided.
Bad Acts, Worse Responses: Reconsidering The Moral Foundations Of The Us Criminal Justice System,
2022
Georgia Southern University
Bad Acts, Worse Responses: Reconsidering The Moral Foundations Of The Us Criminal Justice System, Christian N. Futch
Honors College Theses
The purpose of this paper is to evaluate the contemporary criminal justice system in the United States, offering moral and pragmatic critiques to its current construction, and proposing an alternative construction that is both more successful pragmatically and morally. In this paper, I first establish the connection between morality and the law through the consideration of jurisprudential theories of law. After arguing for this connection, I then offer critiques of the current criminal justice system in the United States. After this, I evaluate the four general theories of punishment using the scholarship of Thom Brooks, finding that retributive and deterrent …
Bargaining For Abolition,
2022
Boston University School of Law
Bargaining For Abolition, Zohra Ahmed
Faculty Scholarship
What if instead of seeing criminal court as an institution driven by the operation of rules, we saw it as a workplace where people labor to criminalize those with the misfortune to be prosecuted? Early observers of twentieth century urban criminal courts likened them to factories.1 Since then, commentators often deploy the pejorative epithet “assembly line justice” to describe criminal court’s processes.2 The term conveys the criticism of a mechanical system delivering a form of justice that is impersonal and fallible. Perhaps unintentionally, the epithet reveals another truth: criminal court is also a workplace, and it takes labor …
There Are Limits To The American Renaissance Over Ukraine,
2022
Duquesne University
There Are Limits To The American Renaissance Over Ukraine, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Ukrainians Are Fighting And Dying To Defend Their Homes. Could I Do The Same?,
2022
Duquesne University
Ukrainians Are Fighting And Dying To Defend Their Homes. Could I Do The Same?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
What Does The Jan. 6 Committee Hope To Learn From Sen. Doug Mastriano?,
2022
Duquesne University
What Does The Jan. 6 Committee Hope To Learn From Sen. Doug Mastriano?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Bentham’S Public Utilitarianism And Its Jurisprudential Significance,
2022
Osgoode Hall Law School of York University
Bentham’S Public Utilitarianism And Its Jurisprudential Significance, Dan Priel
Articles & Book Chapters
One of the ways by which Gerald Postema’s Bentham and the Common Law Tradition revolutionized the study of Bentham’s jurisprudence was by challenging the idea, made popular by Hart (both in his jurisprudential work and his interpretation of Bentham), that the study of law in general is normatively neutral. Against this view, Postema argued that one must understand Bentham’s views on law and jurisprudence in relation to his utilitarianism. At the time of publishing the book, Bentham went very much against the grain, but this view has since gained considerable support. In my paper I seek to refine it. As …
Why Do Pa. Courts Have A Say On Mail-In Voting? They Probably Shouldn't,
2022
Duquesne University
Why Do Pa. Courts Have A Say On Mail-In Voting? They Probably Shouldn't, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
James Madison And Strict Constructionism,
2022
Liberty University
James Madison And Strict Constructionism, Drew Lemay
Liberty University Journal of Statesmanship & Public Policy
The United States Constitution has been a battleground between loose and strict constructionism since it was first ratified by the original thirteen colonies. To this day, the debate has continued to rage on across political groups. The question that remains to be answered is which method of interpretation did the Founding Fathers subscribe and intend to be utilized for the following generations. This essay seeks to partially answer that question by analyzing the view of one particular Founder: James Madison, the “Father of the Constitution.”
How The U.S. Supreme Court Is Inviting The Senate To Scrap The Filibuster,
2022
Duquesne University
How The U.S. Supreme Court Is Inviting The Senate To Scrap The Filibuster, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
