Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 30

Full-Text Articles in Law

December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz Dec 2008

December 31, 2008: Ursula K. Leguin Responds, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ursula K. LeGuin Responds“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz Dec 2008

December 29, 2008: Hegel On Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hegel on Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 22, 2008: A New Kind Of Faith, Bruce Ledewitz Dec 2008

December 22, 2008: A New Kind Of Faith, Bruce Ledewitz

Hallowed Secularism

Blog post, “A New Kind of Faith“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


December 7, 2008: The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz Dec 2008

December 7, 2008: The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

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


November 17, 2008: The Mormon Church And Proposition 8, Bruce Ledewitz Nov 2008

November 17, 2008: The Mormon Church And Proposition 8, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Mormon church and Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 11, 2008: From The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz Nov 2008

November 11, 2008: From The Conclusion Of For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “From the Conclusion of For the Establishment of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 8, 2009: Who Lost California?, Bruce Ledewitz Nov 2008

November 8, 2009: Who Lost California?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Who Lost California?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 2, 2008: Religion And The 2008 Campaign, Bruce Ledewitz Nov 2008

November 2, 2008: Religion And The 2008 Campaign, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religion and the 2008 Campaign“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 29, 2008: The Federalist Society And Free Speech, Bruce Ledewitz Oct 2008

October 29, 2008: The Federalist Society And Free Speech, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Federalist Society and Free Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 18, 2008: The Anti-Voter Conspiracy Of The Republican Party, Bruce Ledewitz Oct 2008

October 18, 2008: The Anti-Voter Conspiracy Of The Republican Party, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Anti-Voter Conspiracy of the Republican Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 4, 2008: Biden's Take On The Wall Of Separation, Bruce Ledewitz Oct 2008

October 4, 2008: Biden's Take On The Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Biden's Take on the Wall of Separation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 15, 2008: Secular Hostility To Religion, Bruce Ledewitz Sep 2008

September 15, 2008: Secular Hostility To Religion, Bruce Ledewitz

Hallowed Secularism

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


August 11, 2008: The Dark Knight And Hallowed Secularism, Bruce Ledewitz Aug 2008

August 11, 2008: The Dark Knight And Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Dark Knight and Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


August 3, 2008: Is There A Common Core To Religion?, Bruce Ledewitz Aug 2008

August 3, 2008: Is There A Common Core To Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is There a Common Core to Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 24, 2008: Christians Captured By Capitalism, Bruce Ledewitz Jul 2008

July 24, 2008: Christians Captured By Capitalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Christians Captured by Capitalism “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber Jul 2008

Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber

Mark Graber

“Looking Off the Ball” details how and why constitutional law influences both judicial and public decision making. Treating justices as free to express their partisan commitments may seem to explain Bush v. Gore*, but not the judicial failure to intervene in the other numerous presidential elections in which the candidate favored by most members of the Supreme Court lost. Constitutional norms and standards generate legal agreements among persons who dispute the underlying merits of particular policies under constitutional attack. The norms and standards explain constitutional criticism, why only a small proportion of the political questions that occupy Americans are normally …


Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber Jul 2008

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Mark Graber

No abstract provided.


July 20, 2008: More On The Interfaith Meeting In Spain, Bruce Ledewitz Jul 2008

July 20, 2008: More On The Interfaith Meeting In Spain, Bruce Ledewitz

Hallowed Secularism

Blog post, "More on the Interfaith Meeting in Spain" discusses politics, theology and the aw in relation to religion and public life in the democratic United States of America.


July 15, 2008: Meeting Of Our Religions In Spain, Bruce Ledewitz Jul 2008

July 15, 2008: Meeting Of Our Religions In Spain, Bruce Ledewitz

Hallowed Secularism

Blog post, “Meeting of Our Religions in Spain “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 17, 2008: Hegel And The Wall Of Separation, Bruce Ledewitz Jul 2008

July 17, 2008: Hegel And The Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

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


July 6, 2008: For The Establishment Of Religion: Where Are We Now?, Bruce Ledewitz Jul 2008

July 6, 2008: For The Establishment Of Religion: Where Are We Now?, Bruce Ledewitz

Hallowed Secularism

Blog post, “For the Establishment of Religion: Where Are We Now?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 21, 2008: For The Establishment Of Religion, Bruce Ledewitz May 2008

May 21, 2008: For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

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


May 8, 2008: Church-State Talk To Pittsburgh Aclu, Bruce Ledewitz May 2008

May 8, 2008: Church-State Talk To Pittsburgh Aclu, Bruce Ledewitz

Hallowed Secularism

Blog post, “Church-State Talk to Pittsburgh ACLU“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 2, 2008: The Hatred Of Islam, Bruce Ledewitz May 2008

May 2, 2008: The Hatred Of Islam, Bruce Ledewitz

Hallowed Secularism

The Hatred of Islam


Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov May 2008

Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov

Julie Novkov

This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …


The Failure Of Bowles V. Russell, Scott Dodson Apr 2008

The Failure Of Bowles V. Russell, Scott Dodson

Faculty Publications

The Supreme Court recently decided Bowles v. Russell—perhaps that Term’s most underrated case—which characterized the time to file a civil notice of appeal as jurisdictional and therefore not subject to equitable excuses for noncompliance. In so holding, the Court overstated the supporting precedent, inflated the jurisdictional importance of statutes, and undermined an important recent movement to clarify when a rule is jurisdictional and when it is not. This did not have to be. The Court missed a golden opportunity to chart a middle course—holding the rule mandatory but nonjurisdictional—that would have been more consistent with precedent while resolving the …


February 14, 2008: New Thinking About Religion, Bruce Ledewitz Feb 2008

February 14, 2008: New Thinking About Religion, Bruce Ledewitz

Hallowed Secularism

New Thinking about Religion


"They Say I Am Not An American…": The Noncitizen National And The Law Of American Empire, Christina Duffy Ponsa-Kraus Jan 2008

"They Say I Am Not An American…": The Noncitizen National And The Law Of American Empire, Christina Duffy Ponsa-Kraus

Faculty Scholarship

The American papers sometimes contain tales about persons who have forgotten who they are, what are their names, and where they live. The Porto [sic] Ricans find themselves in the same predicament as those absent-minded people. To what nationality do they belong? What is the character of their citizenship? ... [l]f since they ceased to be Spanish citizens they have not been Americans [sic] citizens, what in the name ·of heaven have they been?


The Problem Of Religious Learning, Marc O. Degirolami Jan 2008

The Problem Of Religious Learning, Marc O. Degirolami

Faculty Publications

The problem of religious learning is that religion—including the teaching about religion—must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insufficient attention has been paid to …


Gunneflo - Demokrati Och Lagprövning: Om Rättfärdigandet Av En Positiv Respektive Negativ Inställning Till Lagprövning [Democracy And Judicial Review: On The Justicfication Of A Positive And A Negative Attitude To Judicial Review In A Democracy], Markus Gunneflo Dec 2007

Gunneflo - Demokrati Och Lagprövning: Om Rättfärdigandet Av En Positiv Respektive Negativ Inställning Till Lagprövning [Democracy And Judicial Review: On The Justicfication Of A Positive And A Negative Attitude To Judicial Review In A Democracy], Markus Gunneflo

Markus Gunneflo

This article focuses on the justification of a positive and a negative attitude respectively towards judicial review in a democracy. The analysis is performed by analyzing texts by four American theorists theorists with different opinions on the subject: Robert Dahl, Jeremy Waldron, Erwin Chemerinsky and Ronald Dworkin. The study shows that there are significant disagreements concerning democratic values between those who take a positive and those who take a negative attitude to judicial review inter alia on the understanding of democracy in terms of process or substance, rule by the broad mass of the people or rule by an elite, …