Law and Philosophy Commons^™

The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell

St. Mary's Journal on Legal Malpractice & Ethics

The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.

The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and …

What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Donald Trump has brought new attention to the mendacity of politicians. Both major national newspapers have reported tallies of Trump's false and misleading claims. On November 14, 2017, The Washington Post reported that in the 298 days that President Trump has been president, he had made 1,628 false or misleading claims, telling them at a rate of nine per day in the thirty-five days prior to November 14. Trump, the Post reported, has made fifty false or misleading claims “that he as repeated three or more times.” The Post also catalogued scores of “flip-flops” from Trump. In general, from 2016 …

Sesat Pikir Aplikasi Hermeneutika Hukum Menurut Hans-Georg Gadamer, Fernando Morganda Manullang

Jurnal Hukum & Pembangunan

Some legal writing written by legal scholars interpret legal text methodologically in their analysis, while seeking its philosophical foundation, namely Hans-Georg Gadamer’s legal hermeneutics. Such hermeneutics is part of Gadamer’s philosophical hermeneutics which can be applied to law, aside from theology and philology. Such hermeneutics employs in general and on ontological level thereof. Such understanding is unknown in jurisprudence, because the interpretation in jurisprudence is more methodological, an idea that Gadamer clearly opposes. Such scholarly legal perspective potentially creates some fallacies towards Gadamer's idea on legal hermeneutics

Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

June 26, 2018: Liberal Inconsistency And Arrogance, Bruce Ledewitz

Hallowed Secularism

Blog post, “Liberal Inconsistency and Arrogance“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 23, 2018: Best Paul Krugman Column Ever, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Best Paul Krugman Column Ever“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 18, 2018: We Don’T Live In A Post-Credal Age—Only Power Lives In A Post-Credal Age, Bruce Ledewitz

Hallowed Secularism

Blog post, “We Don’t Live in a Post-Credal Age—Only Power Lives in a Post-Credal Age“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 15, 2018: What Is Wrong?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is Wrong?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 12, 2018: My Response To Ross Douthat Column On Free Speech Saving Us, Bruce Ledewitz

Hallowed Secularism

Blog post, “My Response to Ross Douthat Column on Free Speech Saving Us“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Debt Stigma And Social Class, Michael D. Sousa

Seattle University Law Review

For as long as creditors have been extending credit to consumer debtors, Western society has stigmatized those individuals who failed to repay their financial obligations or who found themselves swamped by unmanageable debt. Over the past three decades, scholars have studied whether the stigma surrounding indebtedness and bankruptcy has declined or increased in American society, mainly due to the sharp spike in consumer bankruptcy filings during the 1990s. These studies have resulted in a general debate over whether debt stigma still exists in society. Absent from the scholarly literature to date is an exploration of whether debtors from different social …

Why Won't Free Speech Save Us?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

June 11, 2018: The Nakba, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Nakba“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Yes, the President Can Pardon Himself and This Court is Going to Vote for Religious Believers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta

Brooklyn Journal of International Law

Many populist demagogues in America and Europe have spoken; and continue to speak; against human rights in their campaigns for political office. This article discusses the factors that have contributed to the current wave of populism; and the nature of the challenges that are presented by populism to democracy; human rights; and constitutionalism from an international human rights law perspective. It also focuses on President Donald Trump; who was voted President of the United States; even after he clearly and publicly indicated his support for torture and his intentions to approve it in the United States. To that end; the …

The Internal Morality Of International Law, Evan Fox-Decent, Evan J. Criddle

Faculty Publications

No abstract provided.

May 24, 2018: “The Policy May Be Debatable, But The Law Is Clear”, Bruce Ledewitz

Hallowed Secularism

Blog post, “The policy may be debatable, but the law is clear” discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Using The Master’S Tool To Dismantle His House: Derrick Bell, Herbert Wechsler, And Critical Legal Process, William Rhee

Concordia Law Review

This Article retells the life stories of Derrick Bell, a founder of Critical Race Theory, and Herbert Wechsler, a founder of the Legal Process School, to suggest a synthesis of their often conflicting paradigms—Critical Legal Process. Critical Legal Process’s fundamental question is whether the Master’s tool, the so-called rule of law, can be considered—in the words of Wechsler’s most famous article—a genuine “neutral principle.” Can the Master’s favorite tool be repurposed to dismantle the very house it built? Can the same rule of law that was abused to build the racist Jim Crow system not only dismantle that explicitly racist …

Death In America Under Color Of Law: Our Long, Inglorious Experience With Capital Punishment, Rob Warden, Daniel Lennard

Northwestern Journal of Law & Social Policy

No abstract provided.

May 11, 2018: Another Mistake By President Trump, Bruce Ledewitz

Hallowed Secularism

Blog post, “Another Mistake by President Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson

Maryland Law Review

No abstract provided.