-
Divorce: A Normative AnalysisFlorida Coastal Law Review 10 1-32. 2008.Is divorce reasonable, given that marital promises are often apparently unqualified? I explain a variety of ways in which one can take promises seriously and recognize the value of genuinely unqualified love in marriage while recognizing that it may be reasonable in particular cases to treat marital promises as non-binding.
-
Loving Friends and Loving GodSpectrum 27 (4): 11-22. 1999.Examines issues in ethics and philosophical theology raised by the attempt to understand the relationship between particular creaturely loves and love for God.
-
Intellectual Property and Natural LawAustralian Journal of Legal Philosophy 36 58-88. 2011.Explains why a natural law theory of property rights need not be hospitable to intellectual property.
-
Pursuing the Millennium Goals at the Grassroots: Selecting Development Projects Serving Rural Women in Sub-Saharan AfricaUCLA Women's Law Journal 15 71-114. 2006.Examines criteria for settling on productive and situation-appropriate development projects.
-
Review of Nicholas Lash, The Beginning and the End of 'Religion' (review)Andrews University Seminary Studies 37 125-28. 1999.
-
Truth-Telling, Incommensurability, and the Ethics of GradingBrigham Young University Education and Law Journal 3 37-81. 2003.Develops an approach to think normatively about the assignment of grades. Argues that grades should reflected reasonably estimated subject-matter competence rather than the quantity of submitted work or moral character. Responds to alternatives labeled "academic retributivism" and "academic consequentialism." Applies to the model to a variety of concrete grading policy issues.
-
Radical Liberalism and Social FreedomIn Roger Bissell, Chris Matthew Sciabarra & Ed Younkins (eds.), The Dialectics of Liberty: Exploring the Context of Human Freedom, Roman & Littlefield. pp. 255-74. 2019.Defends a link between political and social freedom, and argues both for an understanding of social freedom and for institutional safeguards for this kind of freedom.
-
Left-Wing Market Anarchism and Natural LawStudies in Emergent Order 7 314-24. 2014.Defends the variety of natural-law anarchism developed in Anarchy and Legal Order against multiple criticisms, primarily methodological.
-
Toward a New Employer-Worker CompactEmployee Rights and Employment Policy Journal 9 51-119. 2005.Proposes a new model of worker-employer relationships in the US employment context, involving shifts in law and social norms and designed to offer options of potential value to both progressives and libertarians. Emphasizes the importance of decentralized governance and of decoupling income support and other social services from employment.
-
Contested Practices: Arthur Isak Applbaum's Ethics for AdversariesJahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 16 254-77. 2002.Examines Applbaum's elaboration, on contractualist grounds, of a plausible understanding of adversarial ethics, primarily but not exclusively in the contest of the legal system. Raises criticisms of what are arguably unnecessary concessions and offers the behavior of US government lawyers in the Korematsu case as an example for consideration.
-
Marriage: A Normative FrameworkFlorida Coastal Law Review 9 347-434. 2008.Develops a model of marriage as the chosen institutionalization of love. Builds on a phenomenological account of love to make sense of marital promises and to identify the kinds of promises it makes sense for marriage partners to make.
-
Review of Alister McGrath, Understanding the Trinity (review)Religious Studies Review 17 143. 1991.
-
Civil Rights and Economic DemocracyWashburn Law Journal 40 267-87. 2001.Suggests that there is an integral relationship between support for civil rights and support for a cluster of practices that might be characterized under the heading off "economic democracy." These include participatory workplace governance schemes and basic income schemes as alternatives to conventional income support programs.
-
Natural Law and Non-AggressionActa Juridica Hungarica 51 (2): 79-96. 2010.Argues that new classical natural law theory can provide an alternative grounding for what is often called the "non-aggression principle."
-
Review of Adrian Thatcher, Marriage after Modernity (review)Theology and Sexuality 12 120-24. 2000.
-
Contracts and VowsOxford Journal of Law and Religion 5 (3): 482-509. 2016.Examines analogies between contracts and vows and uses analytical tools from contract law to highlight the limits of religious vows.
-
Proudhon in GreenConversations in Religion and Theology 7 230-43. 2009.An essay review of Kevin Carson's massive, interdisciplinary Organization Theory, which argues that flat organizations are preferable to hierarchical ones on economic grounds and that hierarchical organizations are competitive with flatter ones, on balance, because of state-secured privilege.
-
Review of Brian Hebblethwaite, Ethics and Religion in a Pluralistic Age (review)Andrews University Seminary Studies 36 128-31. 1998.
-
Reconciling Rawls and Hayek?The Independent Review 17 577-88. 2013.Assesses John Tomasi's Free Market Fairness
-
A Progressive Case for a Universal Transaction Tax.Maine Law Review 58 1-16. 2006.Concerns with autonomy and privacy, among other factors (including the potential to move toward a basic income scheme), could give progressives reason to favor replacing the personal income tax with a universal transaction tax (so named to distinguish it from transaction taxes just applied to consumer sales, for instance).
-
La Sierra UniversityDepartment of Management and Marketing, Zapara School of BusinessDistinguished Professor