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An Opinion For The Ages, Bruce Ledewitz Dec 2013

An Opinion For The Ages, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


December 21, 2013: Donald Rumsfeld And The Banality Of Evil, Bruce Ledewitz Dec 2013

December 21, 2013: Donald Rumsfeld And The Banality Of Evil, Bruce Ledewitz

Hallowed Secularism

Blog post, “Donald Rumsfeld and the Banality of Evil“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 8, 2013: President Obama In The Sweet Spo, Bruce Ledewitz Dec 2013

December 8, 2013: President Obama In The Sweet Spo, Bruce Ledewitz

Hallowed Secularism

Blog post, “President Obama in the Sweet Spo“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Great American Gun Violence Lottery, Erin Ryan Dec 2013

The Great American Gun Violence Lottery, Erin Ryan

Erin Ryan

Reflecting on the one-year anniversary of the Sandy Hook elementary school shooting, this very short essay compares the experience of gun violence in America to the dystopian game of chance in Shirley Jackson’s classic American short story, “The Lottery.” With references to the role of Constitutional law, media consumption, and cultural change, it urges an available, common-sense middle ground on gun policy. The essay was first published by the American Constitution Society (Dec. 17, 2013) and later appeared in the Huffington Post (Dec. 20, 2013).


Stretching Religious Liberty, Bruce Ledewitz Nov 2013

Stretching Religious Liberty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim Nov 2013

State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim

Seattle University Law Review

Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …


November 8, 2013: Legislative Prayer, Bruce Ledewitz Nov 2013

November 8, 2013: Legislative Prayer, Bruce Ledewitz

Hallowed Secularism

Blog post, “Legislative Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong, Jeffrey B. Morris Oct 2013

Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong, Jeffrey B. Morris

Jeffrey B. Morris

No abstract provided.


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …


Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq. Oct 2013

Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.

Dr. Richard Cordero Esq.

This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …


October 18, 2013: One Cheer For John Boehner, Bruce Ledewitz Oct 2013

October 18, 2013: One Cheer For John Boehner, Bruce Ledewitz

Hallowed Secularism

Blog post, “One Cheer for John Boehner“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston Oct 2013

Dual Sovereignty In Traditional Judaism And Liberal Democracy, William Galston

Touro Law Review

No abstract provided.


Anonymity Is The Battlefield: Practical And Legal Considerations In The Fight For Free Expression On The Web, Dan Massoglia Sep 2013

Anonymity Is The Battlefield: Practical And Legal Considerations In The Fight For Free Expression On The Web, Dan Massoglia

Dan Massoglia

No abstract provided.


September 11, 2013: On The Occasion Of 9/11, Bruce Ledewitz Sep 2013

September 11, 2013: On The Occasion Of 9/11, Bruce Ledewitz

Hallowed Secularism

Blog post, “On the Occasion of 9/11“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman Sep 2013

Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman

Lewis M. Wasserman

Overcoming Obstacles to Religious Exercise in K-12 Education LEWIS M. WASSERMAN Abstract Judicial decisions rendered during the last half-century have overwhelmingly favored educational agencies over claims by parents for religious accommodations to public education requirements, no matter what constitutional or statutory rights were pressed at the tribunal, or when the conflict arose. These claim failures are especially striking in the wake of the Religious Freedom Restoration Acts (“RFRAs”) passed by Congress in 1993 and, to date, by eighteen state legislatures thereafter, since the RFRAs were intended to (1) insulate religious adherents from injuries inflicted by the United States Supreme Court’s …


Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman Aug 2013

Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman

Lewis M. Wasserman

Overcoming Obstacles to Religious Exercise in K-12 Education Lewis M. Wasserman Abstract Judicial decisions rendered during the last half-century have overwhelmingly favored educational agencies over claims by parents for religious accommodations to public education requirements, no matter what constitutional or statutory rights were pressed at the tribunal, or when the conflict arose. These claim failures are especially striking in the wake of the Religious Freedom Restoration Acts (“RFRAs”) passed by Congress in 1993 and, to date, by eighteen state legislatures thereafter, since the RFRAs were intended to (1) insulate religious adherents from injuries inflicted by the United States Supreme Court’s …


July 28, 2013: Pro-Life Liberalism, Bruce Ledewitz Jul 2013

July 28, 2013: Pro-Life Liberalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Pro-Life Liberalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 14, 2013: Political Grandstanding On Gay Marriage, Bruce Ledewitz Jul 2013

July 14, 2013: Political Grandstanding On Gay Marriage, Bruce Ledewitz

Hallowed Secularism

Blog post, “Political Grandstanding on Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz Jul 2013

July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Opposition to Gay Marriage Irrational?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


On The Politics Of Societal Constitutionalism, Emilios Christodoulidis Jul 2013

On The Politics Of Societal Constitutionalism, Emilios Christodoulidis

Indiana Journal of Global Legal Studies

This paper is an internal critique of the theory of societal constitutionalism as developed by Gunther Teubner, with a specific emphasis on the constitutional and the political dimensions of the theory. As critique it focuses on the arguably unacknowledged dangers of co-option: the danger that constitutionalization, as an ongoing process, undercuts what we typically associate with the constitutional, which is its framing function; that this problem is accentuated when it comes to the transnational; and that its reflexivity runs the danger of market capture, in which case it remains only nominally political. The danger of market capture for societal constitutionalism …


June 29, 2013: The Other Side Of The Us Supreme Court Decisions, Bruce Ledewitz Jun 2013

June 29, 2013: The Other Side Of The Us Supreme Court Decisions, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Other Side of the US Supreme Court Decisions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 1, 2013: The Economy, The Poor And Religion, Bruce Ledewitz Jun 2013

June 1, 2013: The Economy, The Poor And Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Economy, the Poor and Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 26, 2013: How Hippies Became Evangelical Conservatives, Bruce Ledewitz May 2013

May 26, 2013: How Hippies Became Evangelical Conservatives, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Hippies Became Evangelical Conservatives“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole May 2013

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.


May 12, 2013: Is Obama Nixon?, Bruce Ledewitz May 2013

May 12, 2013: Is Obama Nixon?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Is Obama Nixon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 9, 2013: Secular Discomfort At Shaming, Bruce Ledewitz May 2013

May 9, 2013: Secular Discomfort At Shaming, Bruce Ledewitz

Hallowed Secularism

Blog post, “Secular Discomfort at Shaming“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland Apr 2013

Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland

Ayriel Bland

In 2002, No Child Left Behind (NCLB) was passed under President George W. Bush with the goal of increasing academic proficiency for all children in the United States by 2014. Yet, many states struggled to meet this goal and the Secretary of the U.S. Department of Education allowed states to apply for waivers and bypass the 2014 deadline. Some states implemented waivers though race-based achievement standards. For example, Florida in October 2012, established that by 2018, 74 percent of African American and 81 percent of Hispanic students had to be proficient in math and reading, in comparison to 88 percent …


April 28, 2013: We Don’T Need Secularists, We Need Democrats, Bruce Ledewitz Apr 2013

April 28, 2013: We Don’T Need Secularists, We Need Democrats, Bruce Ledewitz

Hallowed Secularism

Blog post, “We Don’t Need Secularists, We Need Democrats“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 21, 2013: The Third Church/State Issues Symposium In Philadelphia, Bruce Ledewitz Apr 2013

April 21, 2013: The Third Church/State Issues Symposium In Philadelphia, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Third Church/State Issues Symposium in Philadelphia“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.