March 1, 2015: Is There Something Wrong?,
2015
Duquesne University
March 1, 2015: Is There Something Wrong?, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Is There Something Wrong?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Virtuous Billing,
2015
Southern Methodist University
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Nevada Law Journal
No abstract provided.
Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation,
2015
Rutgers School of Law–Newark
Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman
Nevada Law Journal
No abstract provided.
Virtuous Billing,
2015
Texas A&M University School of Law
Virtuous Billing, Randy D. Gordon, Nancy B. Rapoport
Faculty Scholarship
Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which …
February 24, 2015: Transformed Without God,
2015
Duquesne University
February 24, 2015: Transformed Without God, Bruce Ledewitz
Hallowed Secularism
Blog post, “Transformed Without God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 20, 2015: Bad News From Ukraine,
2015
Duquesne University
February 20, 2015: Bad News From Ukraine, Bruce Ledewitz
Hallowed Secularism
Blog post, “Bad News From Ukraine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism,
2015
Pepperdine University
Conceptions Of Religion In The Secular State: Evolving Turkish Secularism, Seval Yildirim
Pepperdine Law Review
The article focuses on the concepts of religion in secular states such as Republic of Turkey. Topics discussed include distinction between secularism and religion, views of philosopher of liberalism John Locke on delegation of matters of faith to the Church and matters of public good to the state along with the relationship of modernization and secularism.
February 13, 2015: Why Does Isis Have Any Support?,
2015
Duquesne University
February 13, 2015: Why Does Isis Have Any Support?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Does ISIS Have Any Support?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 10, 2015: The Deep Cynicism Of The Political Parties On The Electoral College,
2015
Duquesne University
February 10, 2015: The Deep Cynicism Of The Political Parties On The Electoral College, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Deep Cynicism of the Political Parties on the Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 4, 2015: The Sanctions Crowd Want War With Iran,
2015
Duquesne University
February 4, 2015: The Sanctions Crowd Want War With Iran, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Sanctions Crowd Want War with Iran“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The End Of Jurisprudence,
2015
University of Michigan Law School
The End Of Jurisprudence, Scott Hershovitz
Articles
For more than forty years, jurisprudence has been dominated by the HartDworkin debate. The debate starts from the premise that our legal practices generate rights and obligations that are distinctively legal, and the question at issue is how the content of these rights and obligations is determined. Positivists say that their content is determined ultimately or exclusively by social facts. Anti-positivists say that moral facts must play a part in determining their content. In this Essay, I argue that the debate rests on a mistake. Our legal practices do not generate rights and obligations that are distinctively legal. At best, …
Realism About Judges,
2015
Northwestern Pritzker School of Law
Realism About Judges, Richard A. Posner
Northwestern University Law Review
No abstract provided.
January 31, 2015: How To Think About Constitutional Government,
2015
Duquesne University
January 31, 2015: How To Think About Constitutional Government, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Think About Constitutional Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 28, 2015: Politics At The Water's Edge,
2015
Duquesne University
January 28, 2015: Politics At The Water's Edge, Bruce Ledewitz
Hallowed Secularism
Blog post, “Politics at the Water's Edge“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 24, 2015: More Nihilism On Abortion,
2015
Duquesne University
January 24, 2015: More Nihilism On Abortion, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Nihilism on Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 21, 2015: We’Re On A Crash Course,
2015
Duquesne University
January 21, 2015: We’Re On A Crash Course, Bruce Ledewitz
Hallowed Secularism
Blog post, “We’re On a Crash Course“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Balance And Team Production,
2015
Seattle University School of Law
Balance And Team Production, Kelli A. Alces
Seattle University Law Review
For decades, those holding the shareholder primacy view that the purpose of a corporation is to earn a profit for its shareholders have been debating with those who believe that corporations exist to serve broader societal interests. Adolph Berle and Merrick Dodd began the conversation over eighty years ago, and it continues today, with voices at various places along a spectrum of possible corporate purposes participating. Unfortunately, over time, the various sides of the debate have begun to talk past each other rather than engage with each other and have lost sight of whatever common ground they may be able …
The Boundaries Of "Team" Production Of Corporate Governance,
2015
Seattle University School of Law
The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson
Seattle University Law Review
We examine the cooperative production of corporate governance. We explain that this production does not occur exclusively within a “team” or “firm.” Rather, several aspects of corporate governance are quintessentially market products. Like Blair and Stout, we view the shareholder as but one of many stakeholders in a corporation. Where we depart from their analysis is in our view of the boundaries of a firm. We suggest that they overweight the intrafirm production of control. Focusing on the primacy of a board of directors, Blair and Stout posit a hierarchical team that governs the economic enterprise. We observe, however, that …
The Team Production Model As A Paradigm,
2015
Seattle University School of Law
The Team Production Model As A Paradigm, Brian R. Cheffins
Seattle University Law Review
Margaret Blair and Lynn Stout suggested a few years after the publication of their 1999 Virginia Law Review article, A Team Production Theory of Corporate Law, that their team production model was poised to emerge as part of a new corporate law “paradigm.” In so doing, they specifically invoked Thomas Kuhn’s well-known analysis of scientific revolutions. This Article revisits Blair and Stout’s team production theory by offering a critique of their claim that their model is destined to become a new corporate law paradigm in the Kuhnian sense. In so doing the Article draws upon key corporate law theories and …
Testing The Normative Desirability Of The Mediating Hierarch,
2015
Seattle University School of Law
Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler
Seattle University Law Review
In their influential article, A Team Production Theory of Corporate Law, Professors Margaret Blair and Lynn Stout explained how corporate law might be viewed as an attempt at solving what is known as the team production problem. At its core, this problem has to do with the opportunistic behavior that arises when multiple economic actors make investments—whether of labor, capital, or otherwise—in a business venture where these investments are said to be “firm specific” because they cannot be easily withdrawn and redeployed in other projects. The problem is how to construct a governance regime that will create incentives for the …
