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3,974 full-text articles. Page 68 of 132.

January 6, 2018: Greetings From San Diego, Bruce Ledewitz 2018 Duquesne University

January 6, 2018: Greetings From San Diego, Bruce Ledewitz

Hallowed Secularism

Blog post, “Greetings from San Diego“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz 2018 Duquesne University

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

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


Foreword: Shall These Bones Live? Resurrecting Truth In American Law And Public Discourse, Wilson Huhn 2018 Duquesne University

Foreword: Shall These Bones Live? Resurrecting Truth In American Law And Public Discourse, Wilson Huhn

Duquesne Law Review

No abstract provided.


Finding The Truth, Louise Antony 2018 Duquesne University

Finding The Truth, Louise Antony

Duquesne Law Review

No abstract provided.


The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz 2018 Duquesne University

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Duquesne Law Review

No abstract provided.


James Wilson, Necessary Truths, And The Foundations Of Law, Justin Buckley Dyer 2018 Duquesne University

James Wilson, Necessary Truths, And The Foundations Of Law, Justin Buckley Dyer

Duquesne Law Review

No abstract provided.


Identifying "Truth" In American Public Discourse, Alina Ng Boyte 2018 Duquesne University

Identifying "Truth" In American Public Discourse, Alina Ng Boyte

Duquesne Law Review

No abstract provided.


Truthfulness As An Ethical Form Of Life, W. Bradley Wendel 2018 Duquesne University

Truthfulness As An Ethical Form Of Life, W. Bradley Wendel

Duquesne Law Review

No abstract provided.


The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz 2018 Duquesne University

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

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


When I Left The Darwin Day Committee, Bruce Ledewitz 2018 Duquesne University

When I Left The Darwin Day Committee, Bruce Ledewitz

Ledewitz Papers

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


What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman 2018 Duquesne University

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

Duquesne Law Review

No abstract provided.


Lies, Deceit, And Bullshit In Law, Lawrence M. Solan 2018 Duquesne University

Lies, Deceit, And Bullshit In Law, Lawrence M. Solan

Duquesne Law Review

No abstract provided.


Paying Patients: Legal And Ethical Dimensions, Govind Persad 2018 University of Denver

Paying Patients: Legal And Ethical Dimensions, Govind Persad

Sturm College of Law: Faculty Scholarship

This Article explores the implications for medical care of a debate that is more familiar in the law and ethics of human subjects research: whether people should be paid to receive or decline medical interventions, or to reach certain health objectives. It examines the legal and ethical issues such payments raise, and considers various actors who might make such payments, including governments, employers, insurers, care providers, and private parties. It argues for two interrelated conclusions: first, that these payments should not be subject to blanket normative condemnation, and, second, that payments made in different settings and contexts frequently share underlying …


The Many And The Few: Clash Of Values Or Reasonable Accommodation?, Marta Cartabia 2018 Italian Constitutional Court

The Many And The Few: Clash Of Values Or Reasonable Accommodation?, Marta Cartabia

American University International Law Review

No abstract provided.


Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Linda L. Berger, Bridget J. Crawford, Kathryn M. Stanchi

Scholarly Works

Professor Linda Berger rejoins her Feminist Judgments: Rewritten Opinions of the United States Supreme Court coauthors in this essay presenting feminism as the foundation for a developing form of rich, complex, and practical legal scholarship-the lens and the means through which we may approach and resolve many legal problems. First, this essay explores the intellectual foundations of feminist legal theory and situates the United States and international feminist judgments projects within that scholarly tradition. It next considers how the feminist judgments projects move beyond traditional academic scholarship to bridge the gap between the real-world practice of law and feminist theory. …


Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher

Scholarly Works

No abstract provided.


Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore 2018 University of Washington - Seattle Campus

Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore

Fordham Intellectual Property, Media and Entertainment Law Journal

In this article, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. In brief, allowing content to be unprotected in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Adopting the institutions of copyright, patent, and trade secret is one way to avoid these sub-optimal results.


On Waldron's Critique Of Raz On Human Rights, Joseph Raz 2018 Columbia Law School

On Waldron's Critique Of Raz On Human Rights, Joseph Raz

Faculty Scholarship

This commentary responds to Waldron’s “Human Rights: A Critique of the Raz/Rawls Approach”. It points out that some supposed criticisms are nothing more than observations on conditions that any account of rights must meet, and that Waldron’s objections to Raz are due to misunderstanding his thesis and its theoretical goal. The short comment tries to clarify that goal.


Counter-Critical Theory: An Intervention In Contemporary Critical Thought And Practice, Bernard E. Harcourt 2018 Columbia Law School

Counter-Critical Theory: An Intervention In Contemporary Critical Thought And Practice, Bernard E. Harcourt

Faculty Scholarship

Walter Benjamin and Bertolt Brecht's short-lived project for a critical theory journal, Krise und Kritik, foundered in 1931 on the shoals of positivism. Since then, a series of anti-foundational challenges to traditional critical theory has fragmented the landscape of critical theory and, especially, critical praxis, leaving us disarmed today, in these unprecedented times. This essay offers a way forward by means of what it calls “counter-critical theory”: a critical method that indexes the original impulse of critical theory, but liberates it from its foundation in order to allow for a more open-ended and permanent re-examination of how power circulates …


Sparking King's Revolution, Bernard E. Harcourt 2018 Columbia Law School

Sparking King's Revolution, Bernard E. Harcourt

Faculty Scholarship

Fifty years ago, Martin Luther King, Jr., protested our country’s counterinsurgency war in Vietnam. King passionately decried the bombings and civilian deaths, the destruction of families and villages, and the herding of the population into “concentration camps.” King denounced our imperialist arrogance and urged “a radical revolution of values.” From the pulpit at Riverside Church in New York City, King declared: “These are revolutionary times.” Indeed they were. And if anything, they have become even more so today.


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