The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America,
2018
James Madison University
The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin
Masters Theses, 2010-2019
Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the …
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty,
2018
Southern Methodist University
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker
Perkins Faculty Research and Special Events
Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.
For the sake of abolishing slavery, the Thirteenth Amendment says:
(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
(Section 2) Congress shall have power to enforce this article by …
A New Natural Law Reading Of The Constitution,
2018
Louisiana State University Law Center
A New Natural Law Reading Of The Constitution, Santiago Legarre
Louisiana Law Review
The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.
Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology,
2018
Southern Methodist University
Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker
Perkins Faculty Research and Special Events
This MLK Jr-inspired ecotheology [eco-theology] connects “economics,” “ecology,” and “ecological civilization” to the theological ethics of Rev. Dr. Martin Luther King Jr.
Though we often remember King primarily as a domestic civil rights leader; attention to King’s book—Where Do We Go from Here: Chaos or Community? (1967) reveals that he advanced a global ethics. King called for replacing recourse to war with nonviolent resistance to evil, and for abolishing poverty throughout “the world house.” He prescribed that we “civilize ourselves by the total, direct and immediate abolition of poverty.” King was concerned with civilizing “the world house” (house …
The Tragedy Of Lutheran Jurisprudence,
2018
Sheridan College
The Tragedy Of Lutheran Jurisprudence, Augusto Zimmermann
The University of Notre Dame Australia Law Review
The teachings of Martin Luther (1483–1546) launched the Protestant Reformation in the 16th century. Luther believed in a discontinuity between God and humans that makes it impossible to provide an account of morality by reference to natural law. Rather, Lutheran jurisprudence rejects natural-law theory and it largely remains in the shadows of narrow legal positivism. According to Lutheran jurisprudence, lawfully promulgated decrees are laws even if they are completely arbitrary in their purpose and effect. Luther derived his doctrine on civil government exclusively from Chapter 13 of St Paul’s Epistle to the Romans. He saw in this passage no legitimate …
Substantive Due Process And The Politicization Of The Supreme Court,
2018
Claremont Colleges
Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman
CMC Senior Theses
Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.
This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role in shaping …
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties,
2018
Benjamin N. Cardozo School of Law
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David G. Carlson
Articles
The Supreme Court has issued two disturbing tax opinions which disrupt the notion that “property” (when used in federal statutes) refers to state-law notions. In Drye v. United States, the Supreme Court pierced the Arkansas fiction that inheritance disclaimers are retrospective in effect. Thus the Internal Revenue could claim that a tax lien attached to the pre-disclaimer inheritance. Disclaimer could not defeat this lien. In United States v. Craft, the Supreme Court pierced the Michigan fiction that a tenancy by the entireties does not belong to the individual spouses but, rather, the a corporate “marital” entity that is a separate …
Law In Books And Law In Action: The Problem Of Legal Change,
2017
University of Maine School of Law
Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin
Maine Law Review
One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It …
The Constitution And The Declaration Of Independence: Natural Law In American History,
2017
St. John's University School of Law
The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M.
The Catholic Lawyer
No abstract provided.
Natural Law Basis For The Copyright Doctrine Of Droit Moral,
2017
St. John's University School of Law
Natural Law Basis For The Copyright Doctrine Of Droit Moral, Robert C. Hauhart
The Catholic Lawyer
No abstract provided.
Save Our Cabinets V. U. S. Fish & Wildlife Service,
2017
Alexander Blewett III School of Law at the University of Montana
Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta
Public Land & Resources Law Review
No abstract provided.
Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation,
2017
Texas A&M University School of Law
Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation, Paul Goeringer
Texas A&M Law Review
Agriculture has relied on plant breeding to improve genetics since the first domestication of agricultural plants 10,000 years ago. More recently, Gregor Mendel and his hybridization experiments on peas led to what we know as modern genetics. The rise in recombinantDNA technology has opened up many possibilities in plant breeding, including Roundup Ready technology and crop varieties designed to resist a number of pests. At the same time, governments and the private sector have sought to institute regulations for handling the releases of new biotechnology to ensure the technologies will have limited environmental impacts and provide safe foods to the …
Recognizing Challenges And Opportunities In The Quest To End Hunger,
2017
Texas A&M University School of Law
Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman
Texas A&M Law Review
As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought …
Balancing Rights: The Modern Problem,
2017
St. John's University School of Law
Balancing Rights: The Modern Problem, Rev. Thomas A. Russman
The Catholic Lawyer
No abstract provided.
The Problem Of Unjust Laws,
2017
St. John's University School of Law
Natural Law And The "Is" - "Ought" Question: An Invitation To Professor Veatch,
2017
St. John's University School of Law
Natural Law And The "Is" - "Ought" Question: An Invitation To Professor Veatch, John Finnis
The Catholic Lawyer
No abstract provided.
Natural Law And The "Is" - "Ought" Question,
2017
St. John's University School of Law
Natural Law And The "Is" - "Ought" Question, Henry Veatch
The Catholic Lawyer
No abstract provided.
Jacques Maritain On The Natural Law And Its Application,
2017
St. John's University School of Law
Jacques Maritain On The Natural Law And Its Application, Charles P. Nemeth
The Catholic Lawyer
No abstract provided.
Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights,
2017
St. John's University School of Law
Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights, Ralph J. Masiello
The Catholic Lawyer
No abstract provided.
Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado,
2017
Fort Lewis College
Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford
Natural Resources Journal
Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.
