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Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz
Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Echoes Of Slavery Ii: How Slavery's Legacy Distorts Democracy, Juan F. Perea
Echoes Of Slavery Ii: How Slavery's Legacy Distorts Democracy, Juan F. Perea
Juan F. Perea
No abstract provided.
The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz
The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz
What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz
What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Dartmouth College V. Woodward And The Structure Of Civil Society, Ernest A. Young
Dartmouth College V. Woodward And The Structure Of Civil Society, Ernest A. Young
Faculty Scholarship
No abstract provided.
A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz
A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz
How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Hardball Vs. Beanball: Identifying Fundamentally Antidemocratic Tactics, Jed H. Shugerman
Hardball Vs. Beanball: Identifying Fundamentally Antidemocratic Tactics, Jed H. Shugerman
Faculty Scholarship
The “constitutional hardball” metaphor used by legal scholars and political scientists illuminates an important phenomenon in American politics, but it obscures a crisis in American democracy. In baseball, hardball encompasses legitimate tactics: pitching inside to brush a batter back but not injure, hard slides, hard tags. Baseball fans celebrate hardball. Many of the constitutional hardball maneuvers previously identified by scholars have been legitimate, if aggressive, constitutional political moves. But the label “hardball” has been interpreted too broadly to include illegitimate, fundamentally undemocratic tactics. I suggest a different baseball metaphor for such tactics: beanball, pitches meant to injure and knock out …
Considerations Of History And Purpose In Constitutional Borrowing, Robert Tsai
Considerations Of History And Purpose In Constitutional Borrowing, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay is part of a symposium issue dedicated to "Constitutional Rights: Intersections, Synergies, and Conflicts" at William and Mary School of Law. I make four points. First, perfect harmony among rights might not always be normatively desirable. In fact, in some instances, such as when First Amendment and Second Amendment rights clash, we might wish to have expressive rights consistently trump gun rights. Second, we can't resolve clashes between rights in the abstract but instead must consult history in a broadly relevant rather than a narrowly "originalist" fashion. When we do so, we learn that armed expression and white …
Separation Of Powers In Comparative Perspective: How Much Protection For The Rule Of Law?, Peter L. Strauss
Separation Of Powers In Comparative Perspective: How Much Protection For The Rule Of Law?, Peter L. Strauss
Faculty Scholarship
This chapter discusses the separation of powers. The point about traditions, or shared social norms, is a central one for this chapter. At a time of growing pessimism about the fate of democracy worldwide, adherence to norms of political behaviour may have an importance transcending formal provisions for the allocation of governmental power. As such, this chapter first presents a brief account of ‘separation of powers’ under American presidentialism; then the contrasting system of Westminster parliamentarianism; third, the increasingly prevalent mixed regimes, often semi-presidential, that can be described as ‘constrained parliamentarism’; and, finally, international institutions. As the chapter shows, in …