Law And Recognition-- Towards A Relational Concept Of Law,
2017
Duke Law School
Law And Recognition-- Towards A Relational Concept Of Law, Ralf Michaels
Faculty Scholarship
Law is plural. In all but the simplest situations multiple laws overlap—national laws, subnational laws, supranational laws, non-national laws.
Our jurisprudential accounts of law have mostly not taken this in. When we speak of law, we use the singular. The plurality of laws is, at best an afterthought. This is a mistake. Plurality is built into the very reality of law.
This chapter cannot yet provide this concept; it can serve only develop one element. That element is recognition. Recognition is amply discussed in the context of Hart’s rule of recognition, but this overlooks that recognition matters elsewhere, too. My …
Patriarchy, Not Hierarchy: Rethinking The Effect Of Cultural Attitudes In Acquaintance Rape Cases,
2017
Florida International University College of Law
Patriarchy, Not Hierarchy: Rethinking The Effect Of Cultural Attitudes In Acquaintance Rape Cases, Eric R. Carpenter
Faculty Publications
Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage of the people in the institutions that process these cases, then those institutions may process these cases in ways that favor the man. In 2010, Dan Kahan published Culture, Cognition, and Consent, a study on how people evaluate a dorm room rape scenario. He found that those who endorsed a stratified, hierarchical social order were more likely to find that the man should not be found guilty of …
Daredevil: Legal (And Moral?) Vigilante,
2017
University of Oklahoma College of Law
Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson
Faculty Articles
In 1964, the comic world was introduced to its first physically disabled practicing attorney: Matt Murdock. Initially a proud graduate of "State College" and later more impressively pedigreed as a graduate of either Columbia or Harvard Law, Murdock supplemented his day job as attorney with a side of vigilante justice as Daredevil. In 2003, Murdock became the only attorney superhero to appear as the title character in a movie. A truly awful movie, yes, but a movie all the same. And then in 2015, thanks to the talents of Drew Goddard, Murdock became the star of a terrific television series. …
Changing Course,
2017
University of Miami School of Law
Luck, Justice And Systemic Financial Risk,
2017
Touro Law Center
Luck, Justice And Systemic Financial Risk, John Linarelli
Scholarly Works
Systemic financial risk is one of the most significant collective action problems facing societies. The Great Recession brought attention to a tragedy of the commons in capital markets, in which market participants, from first-time homebuyers to Wall Street financiers, acted in ways beneficial to themselves individually, but which together caused substantial collective harm. Two kinds of risk are at play in complex chains of transactions in financial markets: ordinary market risk and systemic risk. Two moral questions are relevant in such cases. First, from the standpoint of interactional morality, does a person have a moral duty to avoid risk of …
James Dewitt Andrews: Classifying The Law In The Early Twentieth Century*,
2017
Duke Law School
James Dewitt Andrews: Classifying The Law In The Early Twentieth Century*, Richard A. Danner
Faculty Scholarship
This paper examines the efforts of New York lawyer James DeWitt Andrews and others to create a new classification system for American law in the early years of the twentieth century. Inspired by fragments left by founding father James Wilson, Andrews worked though the American Bar Association and organized independent projects to classify the law. A controversial figure, whose motives were often questioned, Andrews engaged the support and at times the antagonism of prominent legal figures such as John H. Wigmore, Roscoe Pound, and William Howard Taft before his plans ended with the founding of the American Law Institute in …
Truth And Politics: A Symposium On Peter Simpson's Political Illiberalism: A Defense Of Freedom.,
2017
Notre Dame Law School
Truth And Politics: A Symposium On Peter Simpson's Political Illiberalism: A Defense Of Freedom., Gerard V. Bradley
Journal Articles
There is no more important question in thinking about life-and actually living-in political community than whether it is to be permeated by, and purposefully oriented around, the main truths about human flourishing. It is at least paradoxical that, precisely when the state and its law and political life are shaping people's lives more and more, the professed roots of all this influence are growing thinner, more shallow. Lawmakers who profess and in many cases even think they should be "neutral" about values are more involved with how persons' lives go than, perhaps, ever before.
Of course, any community which has …
12/29/2016: Doing The Right Thing/Doing The Wrong Thing,
2016
Duquesne University
12/29/2016: Doing The Right Thing/Doing The Wrong Thing, Bruce Ledewitz
Hallowed Secularism
Blog post, “Doing the Right Thing/Doing the Wrong Thing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
12/25/2016: Christmas, 2016—Secular Hope,
2016
Duquesne University
12/25/2016: Christmas, 2016—Secular Hope, Bruce Ledewitz
Hallowed Secularism
Blog post, “Christmas, 2016—Secular Hope“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 20, 2016: Faithless Calls For Faithless Electors,
2016
Duquesne University
December 20, 2016: Faithless Calls For Faithless Electors, Bruce Ledewitz
Hallowed Secularism
Blog post, “Faithless Calls for Faithless Electors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 17, 2016: I Don't Understand Charles Krauthammer,
2016
Duquesne University
December 17, 2016: I Don't Understand Charles Krauthammer, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Don't Understand Charles Krauthammer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2016: The Fed And The President Elect,
2016
Duquesne University
December 16, 2016: The Fed And The President Elect, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Fed and the President Elect“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 10, 2016: The Businessman’S Economy,
2016
Duquesne University
December 10, 2016: The Businessman’S Economy, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Businessman’s Economy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 7, 2016: Mark Lilla Discovers The Necessity Of Truth,
2016
Duquesne University
December 7, 2016: Mark Lilla Discovers The Necessity Of Truth, Bruce Ledewitz
Hallowed Secularism
Blog post, “Mark Lilla Discovers the Necessity of Truth“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Structural Etiology Of The U.S. Constitution,
2016
Notre Dame Law School
A Structural Etiology Of The U.S. Constitution, Charles Lincoln
Journal of Legislation
This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.
First, the article establishes Plato’s theory of the three-part Platonic soul …
December 4, 2016: The Supreme Court And Politics,
2016
Duquesne University
December 4, 2016: The Supreme Court And Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Supreme Court and Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Structural Etiology Of The U.S. Constitution,
2016
Texas A&M University School of Law
A Structural Etiology Of The U.S. Constitution, Charles Edward Andrew Lincoln Iv
Student Scholarship
This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.
First, the article establishes Plato’s theory of the three-part Platonic soul as a major …
Pluralizing The "Sharing" Economy,
2016
University of Washington School of Law
Pluralizing The "Sharing" Economy, Erez Aloni
Washington Law Review
The so-called “sharing” economy presents one of the most important and controversial regulatory dilemmas of our time—yet, surprisingly, it remains undertheorized. This Article supplies needed analysis. Specifically, the Article offers a regulatory model that distinguishes between two separate kinds of transactions: conventional economic transactions and those that rely on temporary access to goods and services that would otherwise go underutilized (what I call “access-to-excess” transactions). The regulatory regime that this Article proposes would distinguish between true access-to-excess transactions and conventional transactions. The model is rooted in a version of pluralist theory that posits that the state is responsible for cultivating …
Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge,
2016
Vinson & Elkins L.L.P.
Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge, Josiah M. Daniel Iii
St. Mary's Journal on Legal Malpractice & Ethics
After hearing for the first time the lawyer-disparaging phrase, “licensed liar,” the author investigated its significance. This article presents the question of those two words’ meaning and explains how the author reached the conclusion that, as applied to attorneys, the phrase is an unmerited epithet. The phrase is known and utilized in nonlegal texts in fields such as fiction, poetry, literary criticism, and journalism, but the two words are absent from legal texts. The author’s discovery of the phrase in various criticisms of lawyers in other publications illuminates and confirms that the phrase constitutes the pejorative allegation that an attorney …
Pluralizing The "Sharing" Economy,
2016
University of Washington School of Law
Pluralizing The "Sharing" Economy, Erez Aloni
Washington Law Review
The so-called “sharing” economy presents one of the most important and controversial regulatory dilemmas of our time—yet, surprisingly, it remains undertheorized. This Article supplies needed analysis. Specifically, the Article offers a regulatory model that distinguishes between two separate kinds of transactions: conventional economic transactions and those that rely on temporary access to goods and services that would otherwise go underutilized (what I call “access-to-excess” transactions). The regulatory regime that this Article proposes would distinguish between true access-to-excess transactions and conventional transactions. The model is rooted in a version of pluralist theory that posits that the state is responsible for cultivating …
