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Articles 1 - 30 of 225
Full-Text Articles in Law
December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz
December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Does “one Nation under God” in the Pledge of Allegiance Mean?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Senate Filibuster: The Politics Of Destruction, Emmet J. Bondurant
The Senate Filibuster: The Politics Of Destruction, Emmet J. Bondurant
Emmet J Bondurant
The notion that the Framers of the Constitution intended to allow a minority in the U.S. Senate to exercise a veto power over legislation and presidential appointments is not only profoundly undemocratic, it is also a myth. The overwhelming trend of law review articles have assumed that because the Constitution grants to each house the power to make its own rules, the Senate filibuster rule is immune from constitutional attack. This Article takes an opposite position based on the often overlooked history of the filibuster, the text of the Constitution and the relevant court precedents which demonstrate that the constitutionality …
December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz
December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Fundamental Rights Decision Masquerading as a Commerce Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz
December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hallowed Secularism and the Tea Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 8, 2010: Uphold Proposition 8, Bruce Ledewitz
December 8, 2010: Uphold Proposition 8, Bruce Ledewitz
Hallowed Secularism
Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz
December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz
Hallowed Secularism
Blog post, “Seeking Common Ground: A Secular Statement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progressive Originalism, Dale E. Ho
Dale E Ho
The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of new unenumerated …
Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov
Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov
William & Mary Law Review
How would Congress act in a world without judicial review? Can
lawmakers be trusted to police themselves? This Article examines
Congress’s capacity and incentives to enforce upon itself “the law of
congressional lawmaking”—a largely overlooked body of law that is
completely insulated from judicial enforcement. The Article explores
the political safeguards that may motivate lawmakers to engage in
self-policing and rule-following behavior. It identifies the major
political safeguards that can be garnered from the relevant legal,
political science, political economy, and social psychology scholarship,
and evaluates each safeguard by drawing on a combination of
theoretical, empirical, and descriptive studies about …
Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov
Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
How would Congress act in a world without judicial review? Canlawmakers be trusted to police themselves? This Article examinesCongress’s capacity and incentives to enforce upon itself “the law ofcongressional lawmaking”—a largely overlooked body of law that iscompletely insulated from judicial enforcement. The Article exploresthe political safeguards that may motivate lawmakers to engage inself-policing and rule-following behavior. It identifies the majorpolitical safeguards that can be garnered from the relevant legal,political science, political economy, and social psychology scholarship,and evaluates each safeguard by drawing on a combination oftheoretical, empirical, and descriptive studies about Congress. TheArticle’s main argument is that the political safeguards that …
How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question Of Assistance To The Voter, Chad W. Flanders
How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question Of Assistance To The Voter, Chad W. Flanders
Chad W. Flanders, J.D.
The 2010 race for the Alaska Senate now seems to be over. After losing in the Republican Party Primary to Tea Party-backed candidate Joe Miller, Senator Lisa Murkowski staged a write-in candidacy and, bucking both U.S. and Alaska history, won the general election. Although much attention has been paid to Miller’s post-election challenges to Murkowski write-in ballots, a major election law question was at issue prior to the election: to what extent can poll workers assist voters who need help in voting for a write-in candidate? After Murkowski declared her write-in candidacy, the Alaska Division of Elections distributed a list …
November 30,2010: There Is No G-O-D In America, Bruce Ledewitz
November 30,2010: There Is No G-O-D In America, Bruce Ledewitz
Hallowed Secularism
Blog post, “There is no G-o-d in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 18, 2010: “Getting Honest”, Bruce Ledewitz
November 18, 2010: “Getting Honest”, Bruce Ledewitz
Hallowed Secularism
Blog post, ““Getting Honest” “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 14, 2010: Global Warming, Bruce Ledewitz
November 14, 2010: Global Warming, Bruce Ledewitz
Hallowed Secularism
Blog post, “Global Warming“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 3, 2010: Pat Tommey A Citizens United Victory, Bruce Ledewitz
November 3, 2010: Pat Tommey A Citizens United Victory, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pat Tommey a Citizens United Victory“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Book Review Of Out Of Range: Why The Constitution Can't End The Battle Over Guns, By Mark V. Tushnet, Dennis A. Henigan
Book Review Of Out Of Range: Why The Constitution Can't End The Battle Over Guns, By Mark V. Tushnet, Dennis A. Henigan
Journal of Legal Education
No abstract provided.
Book Review Of The Supreme Court And The American Elite, 1789-2008, By Lucas A. Powe, Jr., Joerg Knipprath
Book Review Of The Supreme Court And The American Elite, 1789-2008, By Lucas A. Powe, Jr., Joerg Knipprath
Journal of Legal Education
No abstract provided.
European Identity Struggles In The Age Of Austerity, Par Engstrom
European Identity Struggles In The Age Of Austerity, Par Engstrom
Human Rights & Human Welfare
The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …
October 31, 2010: Why I Wish No One Had Gone To The Stewart/Colbert Rally, Bruce Ledewitz
October 31, 2010: Why I Wish No One Had Gone To The Stewart/Colbert Rally, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why I Wish No One Had Gone to the Stewart/Colbert Rally“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Can The Federal Reserve Adopt An Inflation Targeting Regime Under The Current Statutory Arrangements?, Hong Kyoon Cho
Can The Federal Reserve Adopt An Inflation Targeting Regime Under The Current Statutory Arrangements?, Hong Kyoon Cho
Hong Kyoon Cho
This paper discussed legal perspectives in institutional framework of central banking, keyed to monetary policy framework. The statutory objectives of monetary policy provide an environment under which the central bank can design its monetary policy framework, in that the choice of the monetary policy framework could lie within the scope of the spirits embodied in the statutory objectives of monetary policy. Monetary policy framework could illuminate legal aspects of debate, as specifically seen in the Federal Reserve’s case that has adopted not an explicit but an implicit monetary policy framework, namely the Just-Do-It approach. Under the current legal mandate, i.e., …
October 28, 2010: Is Islam A Religion Of Peace?, Bruce Ledewitz
October 28, 2010: Is Islam A Religion Of Peace?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Islam a Religion of Peace?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 25, 2010: Why Are The Democrats Doing So Badly?, Bruce Ledewitz
October 25, 2010: Why Are The Democrats Doing So Badly?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Are the Democrats Doing So Badly?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Kinston Ruling: Black Preferred Candidates And The Meaning Of The 15th Amendment, Brandon F. Douglass
The Kinston Ruling: Black Preferred Candidates And The Meaning Of The 15th Amendment, Brandon F. Douglass
Brandon F Douglass
Since the 1960s, section five of the Voting Rights Act requires covered jurisdictions to seek preclearance before making certain changes to their political structure. Recently, the United States Department of Justice ruled that Kinston, North Carolina’s attempt at removing partisan labels from its ballots for municipal posts violated section five of the Voting Rights Act, based on the premise that absent a partisan cue, Kinston’s African-American voters will not be able to elect their candidate of choice. This paper presents a summary of the preclearance process and an analysis of the Department’s ruling regarding Kinston’s attempt at removing the partisan …
Non-Compactness And Voter Exchange; Towards A Constitutional Cure For Gerrymandering, Shlomo Angel
Non-Compactness And Voter Exchange; Towards A Constitutional Cure For Gerrymandering, Shlomo Angel
Shlomo Angel
No abstract provided.
October 17, 2010: Woody Allen’S Hell, Bruce Ledewitz
October 17, 2010: Woody Allen’S Hell, Bruce Ledewitz
Hallowed Secularism
Blog post, “Woody Allen’s Hell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Law, Institutions And Corruption Cleanups In Africa, John Mukum Mbaku
Law, Institutions And Corruption Cleanups In Africa, John Mukum Mbaku
JOHN MUKUM MBAKU
ABSTRACT Since independence, virtually all African countries have suffered and continue to suffer from extremely high rates of bureaucratic corruption. Today, corruption remains one of the most important constraints to social, political and economic development. Despite the efforts made, in several countries, to deal with corruption and other forms of political opportunism (e.g., rent seeking), these phenomena remain entrenched in these countries and continue to constrain entrepreneurship and creation of the wealth that is needed to deal with extremely high rates of poverty and material deprivation. Part of the reason why many African countries have not been able to effectively …
September 30, 2010: Ignorant Of Religion But Believing In God, Bruce Ledewitz
September 30, 2010: Ignorant Of Religion But Believing In God, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ignorant of Religion but Believing in God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Obama Vs. Bush On Steroids: Two Different Approaches To A Pseudo-Controversy—Or Is It Really Worthy Of Note In A State Of The Union Address?, Danyahel Norris
Obama Vs. Bush On Steroids: Two Different Approaches To A Pseudo-Controversy—Or Is It Really Worthy Of Note In A State Of The Union Address?, Danyahel Norris
Danyahel Norris
Since Sports has such a unique impact on American life, it is appropriate to use sports as a gauge to ascertain the effectiveness of each presidential administration...The Bush administration used sports as a means to punish “offenders,” while at the same time, using the specter of steroid abuse as a means to de-emphasize the real turmoil in Iraq. The Obama administration, on the other hand, has used sports as a metaphor to educate and, also as a bully-pulpit to reinforce “good” values.
Barack Obama And Congress: How The Rules Of The Caucus Hinder The President’S Legislative Agenda, Jordan Acker
Barack Obama And Congress: How The Rules Of The Caucus Hinder The President’S Legislative Agenda, Jordan Acker
Legislation and Policy Brief
In order to fix the Democratic caucus, strong leadership, combined with effective rules, are needed. First, the overall leadership needs to be restructured according to the ideology of the caucus. While strong leadership may come from the center or the left, it is important that leadership tend toward the center of the caucus, not the national political center. A moderate member of the caucus who is under no threat of removal, such as Senator Schumer, Senator Stabenow, or Senator Durbin, would make effective leaders. Part of the problem with the current leadership is, at times, it has failed to “pull …
Why The Honest Leadership And Open Government Act Of 2007 Falls Short, And How It Could Be Improved, Rand Robins
Why The Honest Leadership And Open Government Act Of 2007 Falls Short, And How It Could Be Improved, Rand Robins
Legislation and Policy Brief
This paper will examine the track record of federal and state lobbying and campaign finance laws, as well as related First Amendment litigation, and propose alternative regulatory regimes accounting for the concerns raised when lobbying and campaign finance intersect. The scope of this paper will be limited in large measure by focusing on the HLOGA registration and disclosure provisions, and addressing campaign finance law tangentially where appropriate. Intended to bring greater transparency to the inner-workings of government, some of these provisions actually facilitate the potential of a small number of lobbyists to distort the political process.
Tax Relief In The American Recovery And Reinvestment Act Of 2009, Steven Gassert
Tax Relief In The American Recovery And Reinvestment Act Of 2009, Steven Gassert
Legislation and Policy Brief
On February 17, 2009, less than thirty days after his inauguration, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA). This new law was one of many measures from the new administration designed to quickly stimulate the ailing American economy. The $789 billion package was divided between direct government spending, tax reductions and financial relief to states and individuals. The bill contains $285.6 billion in tax reductions, which is about 36.3% of the legislation. In this article, I will analyze some of the tax provisions that were written into ARRA, and attempt to assess their …