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.
May 5, 2020: The National Day Of Prayer For The Coronavirus,
2020
Duquesne University
May 5, 2020: The National Day Of Prayer For The Coronavirus, Bruce Ledewitz
Hallowed Secularism
Blog post, “The National Day of Prayer for the Coronavirus“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 2, 2020: What Does Over-Caution Signify?,
2020
Duquesne University
May 2, 2020: What Does Over-Caution Signify?, Bruce Ledewitz
Hallowed Secularism
Blog post, “ What Does Over-Caution Signify?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Epistemic Function Of Fusing Equal Protection And Due Process,
2020
William & Mary Law School
The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman
William & Mary Bill of Rights Journal
The fusion of equal protection and due process has attracted significant attention with scholars offering varied accounts of its purpose and function. Some see the combination as productive, creating a constitutional violation that neither clause would generate alone. Others see the combination as merely strategic, offered to make a claim acceptable at a particular historical moment but not genuinely necessary. This Article offers a third alternative. Judges have and should bring both equal protection and due process together to learn what each clause independently requires. On this Epistemic vision of constitutional fusion, a focus on equality helps judges learn what …
Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea,
2020
Osgoode Hall Law School of York University
Law Is What The Judge Had For Breakfast: A Brief History Of An Unpalatable Idea, Dan Priel
Articles & Book Chapters
According to a familiar adage the legal realists equated law with what the judge had for breakfast. As this is sometimes used to ridicule the realists, prominent defenders of legal realism have countered that none of the realists ever entertained any such idea. In this Essay I show that this is inaccurate. References to this idea are found in the work of Karl Llewellyn and Jerome Frank, as well as in the works of their contemporaries, both friends and foes. However, the Essay also shows that the idea is improperly attributed to the legal realists, as there are many references …
Equality's Understudies,
2020
University of Chicago Law School
Equality's Understudies, Aziz Z. Huq
Michigan Law Review
Review of Robert L. Tsai's Practical Equality: Forging Justice in a Divided Nation.
Competition Wrongs,
2020
University of Michigan
Competition Wrongs, Nicolas Cornell
Articles
In both philosophical and legal circles, it is typically assumed that wrongs depend upon having one’s rights violated. But within any market-based economy, market participants may be wronged by the conduct of other actors in the marketplace. Due to my illicit business tactics, you may lose profits, customers, employees, reputation, access to capital, or any number of other sources of value. This Article argues that such competition wrongs are an example of wrongs that arise without an underlying right, contrary to the typical philosophical and legal assumption. The Article thus draws upon various forms of business law to illustrate what …
The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law,
2020
University of Mississippi
The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray Ii
Honors Theses
This thesis explores the role of morality in law through a critical examination of the work of one of the most widely cited and renowned judicial scholars, H.L.A. Hart. His modified theory of positivism, which denotes that law and morality are separable and that legal rules may have any content, has had an enduring impact on the landscape of judicial thought in the last century. As Hart’s work has had an indelible hand in shaping analytical jurisprudence and as it exemplifies the antithesis of my argument, it will serve as a theoretical foil. From it, I hope to articulate my …
Lying And Cheating, Or Self-Help And Civil Disobedience?,
2020
Brooklyn Law School
Lying And Cheating, Or Self-Help And Civil Disobedience?, Aditi Bagchi
Brooklyn Law Review
May poor sellers lie to rich buyers? This article argues that, under limited circumstances, sellers may indeed have a license to lie about their goods. Where sellers are losers under unjust background institutions and they reasonably believe that buyers have more than they would under just institutions, lies that result in de minimum transfers can be regarded as a kind of self-help. More generally, what we owe each other in our interpersonal interactions depends on the institutional backdrop. Consumer contract law, including its enforcement regimes, should recognize the social and political contingency of sellers’ obligations to buyers. In other contexts, …
