Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Duquesne University (94)
- Duke Law (28)
- Roger Williams University (27)
- Columbia Law School (19)
- University of Georgia School of Law (14)
-
- William & Mary Law School (13)
- University of Colorado Law School (12)
- University of Nebraska - Lincoln (11)
- University of Pennsylvania Carey Law School (11)
- Schulich School of Law, Dalhousie University (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- Yeshiva University, Cardozo School of Law (9)
- Boston University School of Law (8)
- St. John's University School of Law (7)
- University at Buffalo School of Law (7)
- American University Washington College of Law (6)
- Georgetown University Law Center (6)
- Notre Dame Law School (6)
- Texas A&M University School of Law (6)
- University of New Hampshire (6)
- University of Richmond (6)
- Cleveland State University (5)
- Cornell University Law School (5)
- Florida State University College of Law (5)
- Osgoode Hall Law School of York University (5)
- Saint Louis University School of Law (5)
- University of Michigan Law School (5)
- University of Pittsburgh School of Law (5)
- Brooklyn Law School (4)
- Golden Gate University School of Law (4)
- Keyword
-
- Philosophy (93)
- Theology (93)
- American Religious Democracy (85)
- Hallowed Secularism (85)
- Politics (70)
-
- Law (50)
- Constitutional law (44)
- Supreme Court (25)
- First Amendment (22)
- Democracy (19)
- Human rights (18)
- Government (17)
- Constitutional Law (16)
- Constitution (15)
- Federalism (13)
- United States (13)
- History (12)
- United States Constitution (12)
- Religion (11)
- Free speech (10)
- Discrimination (9)
- Separation of powers (9)
- Civil rights (8)
- Constitutional (8)
- Equal protection (8)
- Fourth Amendment (8)
- Originalism (8)
- Death penalty (7)
- Elections (7)
- Fifth Amendment (7)
- Publication
-
- Hallowed Secularism (85)
- Faculty Scholarship (66)
- Faculty Publications (22)
- Scholarly Works (17)
- All Faculty Scholarship (16)
-
- Articles (16)
- Law Faculty Scholarship (15)
- Journal Articles (14)
- Publications (14)
- United States Department of Justice: Publications (11)
- Law School Blogs (9)
- Duke Journal of Constitutional Law & Public Policy Sidebar (8)
- Ledewitz Papers (8)
- Articles, Book Chapters, & Popular Press (7)
- Life of the Law School (1993- ) (7)
- Articles in Law Reviews & Other Academic Journals (6)
- Faculty Online Publications (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Law Faculty Publications (6)
- Popular Media (6)
- Articles & Book Chapters (5)
- Cornell Law Faculty Publications (5)
- Law Faculty Articles and Essays (5)
- Scholarly Articles (5)
- Scholarly Publications (5)
- Faculty Articles (4)
- Nevada Supreme Court Summaries (4)
- Law Faculty Scholarly Articles (3)
- Articles by Maurer Faculty (2)
- Court Briefs (2)
Articles 31 - 60 of 441
Full-Text Articles in Law
The Canon Wars, Anita S. Krishnakumar, Victoria Nourse
The Canon Wars, Anita S. Krishnakumar, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
Canons are taking their turn down the academic runway in ways that no one would have foretold just a decade ago. Affection for canons of construction has taken center stage in recent Supreme Court cases and in constitutional theory. Harvard Dean John Manning and originalists Will Baude and Stephen Sachs have all suggested that principles of “ordinary interpretation” including canons should inform constitutional interpretation. Given this newfound enthusiasm for canons, and their convergence in both constitutional and statutory law, it is not surprising that we now have two competing book-length treatments of the canons—one by Justice Scalia and Bryan Garner, …
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
Faculty Publications
The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the "ripeness" rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaint~ffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first- the so-called "compensation prong" (as distinguished from a separate "takings prong"). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a "prudential" rule rather than (as …
Arming Public Protests, Timothy Zick
Arming Public Protests, Timothy Zick
Faculty Publications
Public protests have become armed events, with protesters and counter-protesters openly carrying firearms—generally pursuant to state law. Many view the presence of firearms at protest events as wholly incompatible with the exercise of First Amendment free speech and assembly rights. Although the Supreme Court has yet to decide whether there is a Second Amendment right to openly carry firearms in public, all but a small handful of states in the United States provide some legal protection for open carry. Taking the law as it currently stands, this Article provides a comprehensive assessment of the options available to officials who seek …
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Perhaps it is their role in our survival, or our economic growth, or the environment. Whatever the reason, energy and natural resource conflicts seems to be unique in the way they can drive significant doctrinal change even outside of energy and natural resource law. Pennsylvania has been a fountainhead of these conflicts. In 1921, Pennsylvania’s Kohler Act and lesser known Fowler Act, which sought to protect surface owners from anthracite coal mine subsidence and to increase tax revenue from anthracite mining, ignited the legal wrangling that eventually led to Pennsylvania Coal Co. v. Mahon. That U.S. Supreme Court decision transformed …
Universal Representation, Lindsay Nash
Universal Representation, Lindsay Nash
Faculty Articles
In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for non-citizens in removal proceedings. In the immigration field, “universal representation” refers to a system of appointed counsel that provides representation to indigent non-citizens facing deportation regardless of the apparent merits of their case. This model has proven a transformative change, particularly given the absence of any recognized right to government-funded counsel. In recent years, cities and counties throughout the nation have launched …
Abutbul V. Phillip, Hanan Melcer, Uri Shoham, David Mintz
Abutbul V. Phillip, Hanan Melcer, Uri Shoham, David Mintz
Translated Opinions
[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
The Respondents filed an administrative petition with the Court for Administrative Affairs against the Appellants. The petition concerned the removal of signs placed throughout the city of Beit Shemesh, which comprised demands, requests and inscriptions that were offensive to women (hereinafter: the signs). In the framework of an consent judgment, it was determined that the Appellants must exercise all the powers of enforcement available …
Bureaucratic Resistance And The National Security State, Rebecca Ingber
Bureaucratic Resistance And The National Security State, Rebecca Ingber
Faculty Scholarship
Modern accounts of the national security state tend toward one of two opposing views of bureaucratic tensions within it: At one extreme, the executive branch bureaucracy is a shadowy “deep state,” unaccountable to the public or even to the elected President. On this account, bureaucratic obstacles to the President’s agenda are inherently suspect, even dangerous. At the other end, bureaucratic resistance to the President represents a necessary benevolent constraint on an otherwise imperial executive, the modern incarnation of the separation of powers, as the traditional checks on the President of the courts and Congress have fallen down on the job. …
October 30, 2018: Executing Robert Bowers, Bruce Ledewitz
October 30, 2018: Executing Robert Bowers, Bruce Ledewitz
Hallowed Secularism
Blog post, “Executing Robert Bowers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz
October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Shootings in Pittsburgh“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The California Consumer Privacy Act Of 2018: Are Your Interests At Stake?, Golden Gate University School Of Law
The California Consumer Privacy Act Of 2018: Are Your Interests At Stake?, Golden Gate University School Of Law
GGU Law Review Blog
In recent years, the Supreme Court has recognized the downturn of consistent and reliable Establishment Clause jurisprudence. The inconsistency of opinions and the often hostile outcomes have left the Establishment Clause in “shambles”. Justices have commented that there is no other area of law in more desperate need of repair than the Establishment Clause. One reason posited for the current state of confusion is that the Establishment Clause was never intended to be incorporated. Because of this, even the Supreme Court cannot agree on a single test or even consistently apply the many tests it currently employs.
Restoring The Establishment Clause To The States; Restoring Religious Tolerance, Golden Gate University Law Review
Restoring The Establishment Clause To The States; Restoring Religious Tolerance, Golden Gate University Law Review
GGU Law Review Blog
In recent years, the Supreme Court has recognized the downturn of consistent and reliable Establishment Clause jurisprudence. The inconsistency of opinions and the often hostile outcomes have left the Establishment Clause in “shambles”. Justices have commented that there is no other area of law in more desperate need of repair than the Establishment Clause. One reason posited for the current state of confusion is that the Establishment Clause was never intended to be incorporated. Because of this, even the Supreme Court cannot agree on a single test or even consistently apply the many tests it currently employs.
October 23, 2018: "Because He Doesn’T Exist", Bruce Ledewitz
October 23, 2018: "Because He Doesn’T Exist", Bruce Ledewitz
Hallowed Secularism
Blog post, "Because He doesn’t exist" discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 20, 2018: Absurdities Of Anti-Religious Bias, Bruce Ledewitz
October 20, 2018: Absurdities Of Anti-Religious Bias, Bruce Ledewitz
Hallowed Secularism
Blog post, “Absurdities of Anti-Religious Bias“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 18, 2018: Rhodri Lewis Responds, Bruce Ledewitz
October 18, 2018: Rhodri Lewis Responds, Bruce Ledewitz
Hallowed Secularism
Blog post, “Rhodri Lewis Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Brief Of National Law Professors Of Criminal, Procedural, And Constitutional Law, In Re Humphrey, California Supreme Court, Regarding The Imposition Of Money Bail And Conditions Of Pretrial Release, Sandra G. Mayson, Kellen R. Funk
Brief Of National Law Professors Of Criminal, Procedural, And Constitutional Law, In Re Humphrey, California Supreme Court, Regarding The Imposition Of Money Bail And Conditions Of Pretrial Release, Sandra G. Mayson, Kellen R. Funk
All Faculty Scholarship
When the government proposes to incarcerate a person before trial, it must provide thorough justification, whether the mechanism of detention is a transparent detention order or its functional equivalent, the imposition of unaffordable money bail. A court contemplating money bail must determine whether it is likely to result in detention. If so, and the court nonetheless wishes to impose it, the court must find, by clear and convincing evidence established through an adversary hearing, that the unaffordable bail amount serves a compelling interest of the state that no less restrictive condition of release can meet. This will rarely be the …
October 16, 2018: Pittsburgh Foundation Grant, Bruce Ledewitz
October 16, 2018: Pittsburgh Foundation Grant, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pittsburgh Foundation Grant“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 12, 2018: So, Shakespeare Is Now A Nihilist, Bruce Ledewitz
October 12, 2018: So, Shakespeare Is Now A Nihilist, Bruce Ledewitz
Hallowed Secularism
Blog post, “So, Shakespeare Is Now a Nihilist“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018, Jenna Wims Hashway
Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018, Jenna Wims Hashway
Law School Blogs
No abstract provided.
Why Kavanaugh Should Not Attend The White House Ceremony, Michael Herz
Why Kavanaugh Should Not Attend The White House Ceremony, Michael Herz
Faculty Online Publications
Brett Kavanaugh is now Justice Kavanaugh. He has been nominated, confirmed and — in a private ceremony on Saturday conducted by Chief Justice John Roberts and the retired Justice Anthony Kennedy — sworn in. There is nothing left to do. So why is he scheduled to be at the White House on Monday evening for a public ceremony, one that President Trump has inaccurately called a “swearing-in ceremony”?
October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz
October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz
Hallowed Secularism
Blog post, “Judge Kavanaugh Doesn’t Have a Judicial Philosophy: Only Randy Barnett Does“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Contumacious Responses To Firearms Legislation (Leosa) Balancing Federalism Concerns, Royce De R. Barondes
Contumacious Responses To Firearms Legislation (Leosa) Balancing Federalism Concerns, Royce De R. Barondes
Faculty Publications
The Law Enforcement Officers Safety Act (LEOSA) is one of the handful of federal statutes that preempt state firearms regulation. It allows covered individuals (certain current and retired qualified law enforcement personnel) to possess firearms notwithstanding assorted state restrictions-to protect themselves and to supplement local law enforcement efforts.
The act reflects a careful legislative balancing of federalism concerns. Although it relies on states and localities to issue the authorizing credentials, it does not mandate states create a licensing regime out of whole cloth. The act ultimately presents issues requiring a nuanced assessment of the doctrine proscribing federal commandeering of the …
Automatic Authorization Of Frisks In Terry Stops For Suspicion Of Firearms Possession, Royce De R. Barondes
Automatic Authorization Of Frisks In Terry Stops For Suspicion Of Firearms Possession, Royce De R. Barondes
Faculty Publications
The recognition in Heller of an individual right to bear arms has required courts to grapple with the interaction between exercise of this right in public and Terry stops. Core questions are (i) whether reasonable suspicion a person is armed is by itself sufficient to initiate a Terry stop and (ii), if so, whether such a stop inherently authorizes an accompanying frisk. The former issue is examined in a separate forthcoming article, Royce de R. Barondes, Conditioning Exercise of Firearms Rights on Unlimited Terry Stops, 54 Idaho L. Rev. 297.
This article focuses on the second issue. Most fundamentally, insofar …
Originalist Theory And Precedent: A Public Meaning Approach, Lawrence B. Solum
Originalist Theory And Precedent: A Public Meaning Approach, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Much ink has already been spilled on the relationship of constitutional originalism to precedent (or, more specifically, the doctrine of stare decisis). The debate includes contributions from Randy Barnett, Steven Calabresi, Kurt Lash, Gary Lawson, John McGinnis with Michael Rappaport, Michael Paulsen, and Lee Strang, not to mention Justice Antonin Scalia—all representing originalism in some form. Living constitutionalism has also been represented both implicitly and explicitly, with important contributions from Phillip Bobbitt, Ronald Dworkin, Michael Gerhardt, Randy Kozel, and David Strauss. Some writers are more difficult to classify; Akhil Amar comes to mind. And there are many other contributions to …
Special Justifications, Randy J. Kozel
Special Justifications, Randy J. Kozel
Journal Articles
The Supreme Court commonly asks whether there is a “special justification” for departing from precedent. In this Response, which is part of a Constitutional Commentary symposium on Settled Versus Right: A Theory of Precedent, I examine the existing law of special justifications and describe its areas of uncertainty. I also compare the Court’s current doctrine with a revised approach to special justifications designed to separate the question of overruling from deeper disagreements about legal interpretation. The aspiration is to establish precedent as a unifying force that enhances the impersonality of the Court and of the law, promoting values the Justices …
Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang
Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in …
Supreme Court Norms Of Impersonality, Allison Orr Larsen
Supreme Court Norms Of Impersonality, Allison Orr Larsen
Faculty Publications
No abstract provided.
Access To Justice, Rationality, And Personal Jurisdiction, Adam N. Steinman
Access To Justice, Rationality, And Personal Jurisdiction, Adam N. Steinman
Faculty Scholarship
After more than twenty years of silence, the Supreme Court has addressed personal jurisdiction six times over the last six Terms. This Article examines the Court’s recent decisions in terms of their effect on access to justice and the enforcement of substantive law. The Court’s new case law has unquestionably made it harder to establish general jurisdiction—that is, the kind of jurisdiction that requires no affiliation at all between the forum state and the litigation. Although this shift has been justifiably criticized, meaningful access and enforcement can be preserved through other aspects of the jurisdictional framework, namely (1) the basic …
State Action And The Constitution's Middle Band, Louis Michael Seidman
State Action And The Constitution's Middle Band, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
On conventional accounts, the state action doctrine is dichotomous. When the government acts, constitutional limits take hold and the government action is invalid if those limits are exceeded. When the government fails to act, the state action doctrine leaves decisions to individuals, who are permitted to violate what would otherwise be constitutional constraints.
It turns out though that the modern state action doctrine creates three rather than two domains. There is indeed a private, inner band where there is thought to be insufficient government action to trigger constitutional constraints, but often there is also a public, outer band where there …
Property-As-Society, Timothy M. Mulvaney
Property-As-Society, Timothy M. Mulvaney
Faculty Scholarship
Modern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive view sees property as serving a wide range of evolving communal values that include, but are not limited to, those advanced under both the libertarian and pecuniary conceptions (property-as-society). Against this backdrop, the Article offers two contentions. First, on normative grounds, it asserts that the conception …
Kennedy's Last Term: A Report On The 2017-2018 Supreme Court, Marc O. Degirolami, Kevin C. Walsh
Kennedy's Last Term: A Report On The 2017-2018 Supreme Court, Marc O. Degirolami, Kevin C. Walsh
Faculty Publications
(Excerpt)
Twenty-eighteen brought the end of Justice Anthony Kennedy’s tenure on the Supreme Court. We are now entering a period of uncertainty about American constitutional law. Will we remain on the trajectory of the last half-century? Or will the Court move in a different direction?
The character of the Supreme Court in closely divided cases is often a function of the median justice. The new median justice will be Chief Justice John Roberts if Kennedy’s replacement is a conservative likely to vote most often with Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito. This will mark a new phase of …