Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 14 of 14
Full-Text Articles in Law
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
September 11, 2014: National Motto Fails In Allegheny County, Bruce Ledewitz
September 11, 2014: National Motto Fails In Allegheny County, Bruce Ledewitz
Hallowed Secularism
Blog post, “National Motto Fails in Allegheny County“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 19, 2014: The Problem With Capitalism, Bruce Ledewitz
July 19, 2014: The Problem With Capitalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Problem With Capitalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 1, 2014: Another Reason To Hate Religion, Bruce Ledewitz
July 1, 2014: Another Reason To Hate Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Another Reason to Hate Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Gideon V. Wainwright--From A 1963 Perspective, Jerold H. Israel
Gideon V. Wainwright--From A 1963 Perspective, Jerold H. Israel
Articles
Gideon v. Wainwright is more than a “landmark” Supreme Court ruling in the field of constitutional criminal procedure. As evidenced by the range of celebrators of Gideon’s Fiftieth Anniversary (extending far beyond the legal academy) and Gideon’s inclusion in the basic coverage of high school government courses, Gideon today is an icon of the American justice system. I have no quarrel with that iconic status, but I certainly did not see any such potential in Gideon when I analyzed the Court’s ruling shortly after it was announced in March of 1963. I had previously agreed to write an article for …
April 17, 2014: Cowardice And Hypocrisy At Brandeis, Bruce Ledewitz
April 17, 2014: Cowardice And Hypocrisy At Brandeis, Bruce Ledewitz
Hallowed Secularism
Blog post, “Cowardice and Hypocrisy at Brandeis“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Puzzling Presumption Of Reviewability, Nicholas Bagley
The Puzzling Presumption Of Reviewability, Nicholas Bagley
Articles
The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …
The Puzzling Presumption Of Reviewability, Nicholas Bagley
The Puzzling Presumption Of Reviewability, Nicholas Bagley
Articles
The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …
Gideon V. Wainwright A Half Century Later, Yale Kamisar
Gideon V. Wainwright A Half Century Later, Yale Kamisar
Reviews
When he was nearing the end of his distinguished career, one of my former law professors observed that a dramatic story of a specific case "has the same advantages that a play or a novel has over a general discussion of ethics or political theory." Ms. Houppert illustrates this point in her very first chapter.
Magna Carta’S Freedom For The English Church, Dwight G. Duncan
Magna Carta’S Freedom For The English Church, Dwight G. Duncan
Faculty Publications
Even after, eight centuries, this provision of Magna Carta is one of the few that remains in effect. A statement of principle that the Church in England should be free from outside domination, it is an ancestor of our American belief in separation of Church and State and the guarantee of free exercise of religion contained in the First Amendment. In English history, people died for this principle, on various sides of the denominational divides. It was not always vindicated in practice. But, since at least the end of the thirteenth century, it has ever been on the statute books …
The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz
The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz
Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Constitutional Skepticism: A Recovery And Preliminary Evaluation, Louis Michael Seidman
Constitutional Skepticism: A Recovery And Preliminary Evaluation, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
The aim of this article is to recover and reevaluate the American tradition of constitutional skepticism. Part I consists of a brief history of skepticism running from before the founding to the modern period. My aim here is not to provide anything like a complete description of the historical actors, texts, and events that I discuss. Instead, I link together familiar episodes and arguments that stretch across our history so as to demonstrate that they are part of a common narrative that has been crucial to our self-identity. Part II disentangles the various strands of skeptical argument. I argue that …