Public Legal Reasons
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Keith J. Bybee and Cyril Ghosh (Syracuse University College of Law and Maxwell School and Syracuse University) hav eposted Managing Radical Disputes: Public Reason, the American Dream, and the Case of Same-Sex Marriage on SSRN. Here is the abstract: This paper proposes that ambiguous arguments play a crucial role in the management of radical disputes
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Over at the Mirror of Justice, Thomas Berg has a post entitled "Can the Secular State Forgive People?" He quotes John McCullough, who asks: My question is whether or not the state has a moral obligation to forgive those that commit unlawful acts. Should the state, at some point, forgive an individual who has repented
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Brian Leiter has a well-argued post on the stem-cell veto/religious reasons debate. I may have some comments later.
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At PrawfsBlawg, Doug Berman has a nift post entitled Can a decision be made "for no reason at all"? The question is whether it is possible to "make a decision" for "no reason at all." Here’s a taste: A draft article I read about prosecutorial discretion noted that courts are disinclined to scrutinize choices not
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Dave Hoffman has a post with the catchy title–Solum on the Need for Opinions. Here’s a taste: It is not novel to point out that law school overemphasizes the role of judicial opinions as a percentage of what constitutes "law". The first-year common law method approach is at the root of this bias, and no
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Paul Horwitz has posted Stone on the Stem Cell Veto on PrawfsBlawg, replying to Geoff Stone’s Religious Rights and Wrongs on the University of Chicago’s Faculty Blog. Stone wrote: What these three acts have in common is a reckless disregard for the fundamental American aspiration to keep church and state separate. In vetoing the bill
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Over at Concurring Opinions, Dave Hoffman has a very nice post entitled Must District Judges Give Reasons?. Here’s a taste: So here’s the issue: in the ordinary case, to what extent are judges required to explain themselves? I ask as a facet of the work I’m doing on when district judges write opinions (versus orders).