Shooting Fish,
2019
St. Mary’s University School of Law
Shooting Fish, Michael L. Smith
Faculty Articles
Many academic legal articles begin with sweeping statements concerning the majesty of law, often noting that "the life of the law has not been logic: it has been experience" and that "the law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics." This is not one of those articles, as it gets straight to the point, asking the question that's on everyone's mind: if you're walking next to a stream, river, lake, or pond, and you happen to see …
Love, Anger, And Social Change,
2019
University of Colorado Law School
Love, Anger, And Social Change, Deborah J. Cantrell
Publications
Emotions matter to social movement activists—including social movement lawyers. Emotions motivate activism and emotions sustain the long hard work of social change. Movement activists and lawyers know that from their own lived experiences. Further, when we listen to movement activists talk about their work, we hear them speak commonly about two emotions in particular—love and anger. To be a social movement activist (whether lawyer or non-lawyer) means to have passion about one’s cause, and to have a fire in the belly to keep going despite setbacks and slow progress. We hear activists and movement lawyers talk about how the love …
Moving From Management To Termination: A Case Study Of Prolonged Occupation,
2018
Brooklyn Law School
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Brooklyn Journal of International Law
In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …
December 28, 2018: Holiday Travel,
2018
Duquesne University
December 28, 2018: Holiday Travel, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Holiday Travel“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 25, 2018: The Parable That Ends The Novel, The Chosen Is A Christmas Parable,
2018
Duquesne University
December 25, 2018: The Parable That Ends The Novel, The Chosen Is A Christmas Parable, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Parable that Ends the Novel, The Chosen is a Christmas Parable“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 23, 2018: More Of The New Mark Lilla,
2018
Duquesne University
December 23, 2018: More Of The New Mark Lilla, Bruce Ledewitz
Hallowed Secularism
Blog post, “More of the New Mark Lilla“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 18, 2018: The Continuing Disintegration Of Politics In America,
2018
Duquesne University
December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Continuing Disintegration of Politics in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Evaluating The Legality Of Age-Based Criteria In Health Care: From Nondiscrimination And Discretion To Distributive Justice,
2018
University of Denver
Evaluating The Legality Of Age-Based Criteria In Health Care: From Nondiscrimination And Discretion To Distributive Justice, Govind Persad
Sturm College of Law: Faculty Scholarship
Recent disputes over whether older people should pay more for health insurance, or receive lower priority for transplantable organs, highlight broader disagreements regarding the legality of using age-based criteria in health care. These debates will likely intensify given the changing age structure of the American population and the turmoil surrounding the financing of American health care. This Article provides a comprehensive examination of the legality and normative desirability of age-based criteria. In the Article, I defend a distributive justice approach to age-based criteria. Rather than viewing age as a personal characteristic akin to race or religion, the distributive justice approach …
December 14, 2018: What Will Post-Christianity Look Like?,
2018
Duquesne University
December 14, 2018: What Will Post-Christianity Look Like?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Will Post-Christianity Look Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 10, 2018: The Democrats’ God Problem,
2018
Duquesne University
December 10, 2018: The Democrats’ God Problem, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Democrats’ God Problem“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 7, 2018: Needed: A Party Of Democracy,
2018
Duquesne University
December 7, 2018: Needed: A Party Of Democracy, Bruce Ledewitz
Hallowed Secularism
Blog post, “Needed: A Party of Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Obama Judge And The Foundations Of The Rule Of Law,
2018
Duquesne University
The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
December 1, 2018: "I Retired",
2018
Duquesne University
December 1, 2018: "I Retired", Bruce Ledewitz
Hallowed Secularism
Blog post, "I Retired“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis,
2018
Brooklyn Law School
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Brooklyn Journal of International Law
For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …
November 24, 2018: Letter About Kornacki's Book,
2018
Duquesne University
November 24, 2018: Letter About Kornacki's Book, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Letter about Kornacki's book“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2018: Thanksgiving 2018,
2018
Duquesne University
November 23, 2018: Thanksgiving 2018, Bruce Ledewitz
Hallowed Secularism
Blog post, “Thanksgiving 2018“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2018: Is The New York Times Right About China?,
2018
Duquesne University
November 21, 2018: Is The New York Times Right About China?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is the New York Times Right About China?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 17, 2018: The Matthew Whitaker Appointment,
2018
Duquesne University
November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Matthew Whitaker Appointment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 9, 2018: The Electoral College,
2018
Duquesne University
November 9, 2018: The Electoral College, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 4, 2018: The God Construct,
2018
Duquesne University
November 4, 2018: The God Construct, Bruce Ledewitz
Hallowed Secularism
Blog post, “The God Construct“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
