Choosing Affordable Health Insurance,
2020
University of Denver
Choosing Affordable Health Insurance, Govind Persad
Sturm College of Law: Faculty Scholarship
The Affordable Care Act ("ACA") made health insurance accessible to many. Yet unaffordable insurance still abounds. This Article proposes a strategy for improving affordability that enables health insurance purchasers to choose, within reasonable limits, which treatments their insurance covers. After critiquing recently proposed strategies for improving affordability and reviewing past legal scholarship on content choice in health insurance, this Article introduces the "Affordable Choices" framework. This framework regulates choice in four ways. First, health plans should only exclude treatments whose merits are subject to reasonable disagreement among patients and physicians. Second, plans should appeal to purchasers' health-related values- values about …
May The State Punish What It May Not Prevent?,
2020
University of Michigan Law School
May The State Punish What It May Not Prevent?, Gabriel S. Mendlow
Articles
In Why Is It Wrong To Punish Thought? I defended an overlooked principle of criminalization that I called the Enforceability Constraint. The Enforceability Constraint holds that the state may punish transgressions of a given type only if the state in principle may forcibly disrupt such transgressions on the ground that they are criminal wrongs. As I argued in the essay, the reason why the state is forbidden from punishing thought is that the state is forbidden from forcibly disrupting a person’s mental states on the ground that they are criminally wrongful (as opposed to, say, on the ground that they …
June 27, 2020: Report On The Universe Is On Our Side,
2020
Duquesne University
June 27, 2020: Report On The Universe Is On Our Side, Bruce Ledewitz
Hallowed Secularism
Blog post, “Report on The Universe Is On Our Side“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 21, 2020: Is Every White Person A Racist?,
2020
Duquesne University
June 21, 2020: Is Every White Person A Racist?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Every White Person a Racist?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Racism Is White People’S Fault. It’S Our Responsibility To End It,
2020
Duquesne University
Racism Is White People’S Fault. It’S Our Responsibility To End It, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
June 20, 2020: White Racism Matters,
2020
Duquesne University
June 20, 2020: White Racism Matters, Bruce Ledewitz
Hallowed Secularism
Blog post, “White Racism Matters“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Philosophy Of Law For A Naturalist: An Introduction To Artificial Law Theory,
2020
Osgoode Hall Law School of York University
The Philosophy Of Law For A Naturalist: An Introduction To Artificial Law Theory, Dan Priel
All Papers
The aim of this essay is to provide an outline for a naturalistic approach to jurisprudence. It begins by arguing for certain reorientations away from certain questions currently preoccupy legal philosophers but should not. The question of the nature of law is, as currently understood, a misguided question. The questions of the metaphysics and the normativity of law, by contrast, are problematic in a different sense: It is not clear that law raises any special questions with respect to them. Following on that I offer a more positive agenda for naturalistic jurisprudence. Starting with methodology, I argue that there is …
June 8, 2020: James Bennet Resigns,
2020
Duquesne University
June 8, 2020: James Bennet Resigns, Bruce Ledewitz
Hallowed Secularism
Blog post, “James Bennet Resigns“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 5, 2020: On Criticizing Our Side,
2020
Duquesne University
June 5, 2020: On Criticizing Our Side, Bruce Ledewitz
Hallowed Secularism
Blog post, “On Criticizing Our Side“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 3, 2020: Why Have Taxes At All?,
2020
Duquesne University
June 3, 2020: Why Have Taxes At All?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Have Taxes At All?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 31, 2020: Regarding This Moment,
2020
Duquesne University
May 31, 2020: Regarding This Moment, Bruce Ledewitz
Hallowed Secularism
Blog post, “Regarding This Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Sister Helen Prejean And The Death Penalty: Decades Of Fighting Capital Punishment,
2020
DePaul University
Sister Helen Prejean And The Death Penalty: Decades Of Fighting Capital Punishment, University Marketing And Communications, Helen Prejean
DePaul Download
Sister Helen Prejean has dedicated her life to opposing the death penalty after she witnessed an execution in her home state of Louisiana. Her efforts have sparked a national dialogue on capital punishment and she has helped shape the Catholic Church’s position on the topic. In 2011, she donated her personal archives to the university to help the DePaul community continue to learn from her work. On this episode of DePaul Download, Sister Helen talks about life’s work and what keeps her going.
May 23, 2020: Every Once In A While…,
2020
Duquesne University
May 23, 2020: Every Once In A While…, Bruce Ledewitz
Hallowed Secularism
Blog post, “Every Once in a while...“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Augustine, Lawyers & The Lost Virtue Of Humility,
2020
The Catholic University of America, Columbus School of Law
Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen
Catholic University Law Review
The leading edge of legal scholarship and practice in recent decades has evinced a commitment to progressive politics at the expense of constitutional governance, the rule of law, and justice understood as vindication of the reasonable expectations of both the public and the parties to any given case or controversy. This article argues that renewed understanding of the virtue of humility, rooted in a genuine concern to do good according to one’s abilities, rights, and duties, is essential to the maintenance of decency in the legal profession and society as a whole. Such virtue is allowed, if not required, by …
May 20, 2020: Dropping The Flynn Case Was The Right Thing To Do,
2020
Duquesne University
May 20, 2020: Dropping The Flynn Case Was The Right Thing To Do, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Dropping the Flynn Case Was the Right Thing to do“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 18, 2020: Why Have Taxes At All?,
2020
Duquesne University
May 18, 2020: Why Have Taxes At All?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Have Taxes At All?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Normative Molecule: Patent Rights And Dna,
2020
Texas A&M University School of Law
The Normative Molecule: Patent Rights And Dna, Saurabh Vishnubhakat
Faculty Scholarship
Throughout the biotechnology age, fears about the distortionary effects of property and other legal institutions upon the health and self-determination of individuals and societies have accompanied more popularly sensational fears about unscrupulous choices within the scientific community itself. Still, for most of that time the prevailing legal regime both in the United States and in Europe remained generally permissive of ownership of, and exclusionary power over, the fruits of much biomedical research, though this leniency took different forms and came about in different ways. In particular, the policy of the United States Patent and Trademark Office to grant patents on …
May 11, 2020: Why Can’T We Be Reasonable? Because There Is No Such Thing As Reason,
2020
Duquesne University
May 11, 2020: Why Can’T We Be Reasonable? Because There Is No Such Thing As Reason, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Can’t We Be Reasonable? Because There Is No Such Thing As Reason“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 10, 2020: Panic About The Future,
2020
Duquesne University
May 10, 2020: Panic About The Future, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Panic About the Future“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 5, 2020: Preparing The Ground To Overrule Roe?+A5,
2020
Duquesne University
May 5, 2020: Preparing The Ground To Overrule Roe?+A5, Bruce Ledewitz
Hallowed Secularism
Blog post, “Preparing the Ground to Overrule Roe?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
