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Articles 1 - 30 of 453
Full-Text Articles in Law
December 31, 2007: Curtis White In Harper's Magazine, Bruce Ledewitz
December 31, 2007: Curtis White In Harper's Magazine, Bruce Ledewitz
Hallowed Secularism
Curtis White in Harper's Magazine
December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz
December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz
Hallowed Secularism
More on Craig Unger the Neocons and Religion
December 28, 2007: The Neocons And Religion, Bruce Ledewitz
December 28, 2007: The Neocons And Religion, Bruce Ledewitz
Hallowed Secularism
The Neocons and Religion
December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz
December 23, 2007: The Evangelical Stance On Global Warming, Bruce Ledewitz
Hallowed Secularism
The Evangelical Stance on Global Warming
December 20, 2007: Comfort At A Funeral, Bruce Ledewitz
December 20, 2007: Comfort At A Funeral, Bruce Ledewitz
Hallowed Secularism
Comfort at a Funeral
December 19, 2007: More On Philip Pullman, Bruce Ledewitz
December 19, 2007: More On Philip Pullman, Bruce Ledewitz
Hallowed Secularism
More on Philip Pullman
December 13, 2007: Physician Assisted Suicide, Bruce Ledewitz
December 13, 2007: Physician Assisted Suicide, Bruce Ledewitz
Hallowed Secularism
Physician Assisted Suicide
December 11, 2007: More On The Romney Speech: Liberal Reaction, Bruce Ledewitz
December 11, 2007: More On The Romney Speech: Liberal Reaction, Bruce Ledewitz
Hallowed Secularism
More on the Romney Speech: Liberal Reaction
December 7, 2007: Mitt Romney's Talk On Religion, Bruce Ledewitz
December 7, 2007: Mitt Romney's Talk On Religion, Bruce Ledewitz
Hallowed Secularism
Mitt Romney's Talk on Religion
The Man Behind The Torture, David Cole
The Man Behind The Torture, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
Rays Of Sunlight In A Shadow “War”: Foia, The Abuses Of Anti-Terrorism, And The Strategy Of Transparency, Seth F. Kreimer
All Faculty Scholarship
In the wake of the September 11 attacks, the “Global War on Terror” has marginalized the rule of law. From the dragnet detentions in the aftermath of the initial attacks, to novel and secretive surveillance authority under the Patriot Act, to the incarceration and torture of “enemy combatants,” the administration’s “war” has sought to establish zones of maneuver free of both legal constraint and of political oversight. In the first half decade of these efforts, the tripartite constitutional structure which is said to guard against executive usurpation remained largely quiescent. Opponents both inside and outside of the government turned instead …
December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz
December 4, 2007: Theology And Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
Theology and Hallowed Secularism
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
All Faculty Scholarship
A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
Terrorism As An Intellectual Problem, Charles W. Collier
Terrorism As An Intellectual Problem, Charles W. Collier
UF Law Faculty Publications
The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as a security problem, a military problem, an economic problem, a political problem, and more. But it is also an intellectual problem, one with particular implications for the study of law, culture, and history. This Essay examines the intellectual assumptions of religious terrorism, and it does so from three distinct perspectives: the theory of religion and American constitutional law (Part I); the common law (Part II); …
November 30, 2007: Huckabee On Hardball, Bruce Ledewitz
November 30, 2007: Huckabee On Hardball, Bruce Ledewitz
Hallowed Secularism
Huckabee on Hardball
November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz
November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz
Hallowed Secularism
Mike Huckabee's Chances
November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz
November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz
Hallowed Secularism
Hallowed Secularism and Thanksgiving 2007
November 21, 2007: Philip Pullman--Author Of Hallowed Secularism?, Bruce Ledewitz
November 21, 2007: Philip Pullman--Author Of Hallowed Secularism?, Bruce Ledewitz
Hallowed Secularism
Philip Pullman--Author of Hallowed Secularism?
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
All Faculty Scholarship
Earlier this year, the Court of Appeals for the District of Columbia became the first federal tribunal to strike down a local gun-control law, holding that the Founding Fathers would have allowed all private citizens to arm themselves.
November 19, 2007: Antony Flew Finds Religion, Bruce Ledewitz
November 19, 2007: Antony Flew Finds Religion, Bruce Ledewitz
Hallowed Secularism
Antony Flew Finds Religion
November 17, 2007: Prayers For Rain In Georgia, Bruce Ledewitz
November 17, 2007: Prayers For Rain In Georgia, Bruce Ledewitz
Hallowed Secularism
Prayers for Rain in Georgia
Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
November 15, 2007: American Religious Democracy In The News, Bruce Ledewitz
November 15, 2007: American Religious Democracy In The News, Bruce Ledewitz
Hallowed Secularism
American Religious Democracy in the News
Everything You Wanted To Know About Justice Scalia But Were Afraid To Ask, Or Don't Look Now But Justice Scalia's Originalism Approach Is Fatally Flawed, Arthur R. Landever
Everything You Wanted To Know About Justice Scalia But Were Afraid To Ask, Or Don't Look Now But Justice Scalia's Originalism Approach Is Fatally Flawed, Arthur R. Landever
Law Faculty Presentations and Testimony
I do not deny Justice Scalia's valiant efforts to vote based upon his originalist principles. But both a justice and an observer are well advised to understand the implications of the culture surrounding the Supreme Court. Originalism, in assuming present culture plays little part, and in seeking to operate in a closed universe, distorts the reality of judicial decision-making, and to that extent, risks unsound constitutional interpretations.
November 13, 2007: The Limits Of Charles Taylor's Categories In A Secular Age, Bruce Ledewitz
November 13, 2007: The Limits Of Charles Taylor's Categories In A Secular Age, Bruce Ledewitz
Hallowed Secularism
The Limits of Charles Taylor's Categories in A Secular Age
United Haulers Ass’N V. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber
United Haulers Ass’N V. Oneida-Herkimer Solid Waste Mgmt. Auth., Joshua J. Faber
Duke Journal of Constitutional Law & Public Policy Sidebar
The Supreme Court, in a 6-3 decision, upheld two counties' flow control ordinances that require trash haulers to deliver waste to government-owned processing facilities. The Court determined that the Commerce Clause is not violated by laws which favor state or local government entities but treat all private entities equal.
Medimmune, Inc. V. Genentech, Inc.: A Patent Licensee Does Not Need To Terminate Or Breach A License Agreement In Order To Challenge Its Validity Or Enforceability, C. Tyler Ohanian
Duke Journal of Constitutional Law & Public Policy Sidebar
MedImmune, Inc. v. Genentech, Inc. asks whether Article III's restriction on the jurisdiction of the federal courts only to "cases" and "controversies," as required by the "actual controversy" limitation of the Declaratory Judgment Act, necessitates that a patent licensee terminate or breach its license agreement before seeking a declaratory judgment to hold the underlying patent invalid, unenforceable, or not infringed. Breaking with the Court of Appeals for the Federal Circuit, the MedImmune majority clearly establishes a patent licensee's legal right to challenge the validity and enforceability of a patent without actually breaching or terminating the underlying licensing agreement for the …
Cunningham V. California, Christopher P. Raab
Cunningham V. California, Christopher P. Raab
Duke Journal of Constitutional Law & Public Policy Sidebar
In Cunningham v. California, the United States Supreme Court voted 6-3 to invalidate California's determinate sentencing law ("DSL") as violative of the Sixth and Fourteenth Amendments. The Court held that, notwithstanding the California Supreme Court's determination to the contrary, the DSL conflicted with prior Supreme Court precedent "by placing sentence-elevating factfinding within the judge's province," thereby "violat[ing] a defendant's right to trial by jury safeguarded by the Sixth and Fourteenth Amendments."
Jones V. Bock: New Clarity Under The Prison Litigation Reform Act, Squire Servance
Jones V. Bock: New Clarity Under The Prison Litigation Reform Act, Squire Servance
Duke Journal of Constitutional Law & Public Policy Sidebar
On January 22, 2007, the Supreme Court decided the consolidated cases of Jones v. Bock , Williams v. Overton , and Walton v. Bouchard , all of which were Sixth Circuit cases. In a unanimous decision, the Supreme Court provided clarity to what constitutes exhaustion of prison grievance procedures under the Prison Litigation Reform Act of 1995 (PLRA). The Court's decision also offers its view on the correct way to balance the burden between prisoner plaintiffs and the judiciary, which labors to process prisoner complaints. Broken into three discreet issues, the essential holding provides a small victory for prison litigants. …
Whorton V. Bockting And The Watershed Exception Of Teague V. Lane, Tadhg Dooley
Whorton V. Bockting And The Watershed Exception Of Teague V. Lane, Tadhg Dooley
Duke Journal of Constitutional Law & Public Policy Sidebar
In Whorton v. Bockting, the Supreme Court considered whether its rule from Crawford v. Washington, prohibiting the admission of testimonial hearsay statements without a prior opportunity for the defendant to cross-examine the declarant, should be applied retroactively to cases on collateral appeal under the standard set forth in Teague v. Lane. The determination rested on whether Crawford announced a "new rule" that should be applied retroactively by virtue of its being a "watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding." In a unanimous decision, the Court held that Crawford did announce a "new …