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Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …
Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz
Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz
‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo
Protecting America's Elections From Foreign Tampering: Realizing The Benefits Of Classifying Election Infrastructure As "Critical Infrastructure" Under The United States Code, Allaire M. Monticollo
University of Richmond Law Review
No abstract provided.
Why Congress Does Not Challenge Judicial Supremacy, Neal Devins
Why Congress Does Not Challenge Judicial Supremacy, Neal Devins
William & Mary Law Review
Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …
Judicial Supremacy Revisited: Independent Constitutional Authority In American Constitutional Law And Practice, Mark A. Graber
Judicial Supremacy Revisited: Independent Constitutional Authority In American Constitutional Law And Practice, Mark A. Graber
William & Mary Law Review
The Supreme Court exercises far less constitutional authority in American law and practice than one would gather from reading judicial opinions, presidential speeches, or the standard tomes for and against judicial supremacy. Lower federal court judges, state court justices, federal and state elected officials, persons charged with administering the law, and ordinary citizens often have the final say on particular constitutional controversies or exercise temporary constitutional authority in ways that have more influence on the parties to that controversy than the eventual Supreme Court decision. In many instances, Supreme Court doctrine sanctions or facilitates the exercise of independent constitutional authority …
Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz
Withholding Judgment: In Reading The Constitution, Judges Should Consider Their Own Morals,, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
University of Richmond Law Review
No abstract provided.
A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley
A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley
Indiana Journal of Constitutional Design
This paper addresses a means of checking legislative gerrymandering, which I have called the Independent Electoral Reapportionment Commission (IERC). Its purpose is to prevent self-interested politicians from drawing biased constituency lines. While scholars have researched gerrymandering, few scholars have researched commissions designed to limit such gerrymandering, and no comprehensive work details the global means of accomplishing this goal.
Thus, the purpose of this paper is not to normatively prescribe the best practices for composing and empowering an IERC, but rather to descriptively show how different countries conduct this process. While Part II makes some determinations about which commissions may conceptually …
Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz
Has Nihilism Politicized The Supreme Court Nomination Process?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser
For The Sake Of Consistency: Distinguishing Combatant Terrorists From Non-Combatant Terrorists In Modern Warfare, Alexander Fraser
University of Richmond Law Review
No abstract provided.
Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.