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)
- Boston University School of Law (8)
- Yeshiva University, Cardozo 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)
- University of Michigan Law School (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 Pittsburgh School of Law (5)
- Brooklyn Law School (4)
- Golden Gate University School of Law (4)
- Texas A&M 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)
- Constitution (16)
- Constitutional Law (15)
- United States (13)
- Federalism (12)
- History (12)
- United States Constitution (12)
- Religion (11)
- Free speech (10)
- Separation of powers (9)
- Civil rights (8)
- Constitutional (8)
- Discrimination (8)
- Equal protection (8)
- Fourth Amendment (8)
- Originalism (8)
- Death penalty (7)
- Elections (7)
- President (7)
- Publication
-
- Hallowed Secularism (85)
- Faculty Scholarship (64)
- Faculty Publications (22)
- Articles (17)
- Scholarly Works (17)
-
- All Faculty Scholarship (16)
- Law Faculty Scholarship (15)
- Journal Articles (14)
- Publications (14)
- United States Department of Justice: Publications and Materials (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)
- Georgetown Law Faculty Publications and Other Works (6)
- Law Faculty Publications (6)
- Online Publications (6)
- Popular Media (6)
- Articles & Book Chapters (5)
- Cornell Law Faculty Publications (5)
- Law Faculty Articles and Essays (5)
- Scholarly Publications (5)
- Nevada Supreme Court Summaries (4)
- Scholarly Articles (4)
- Law Faculty Scholarly Articles (3)
- Articles by Maurer Faculty (2)
- Court Briefs (2)
- FIU Electronic Theses and Dissertations (2)
Articles 1 - 30 of 436
Full-Text Articles in Law
December 28, 2018: Holiday Travel, Bruce Ledewitz
December 28, 2018: Holiday Travel, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Holiday Travel“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont
Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont
Nevada Supreme Court Summaries
The Court determined that removing a potential juror on the basis of race is a violation of the Equal Protection Clause and held that the district court erred when it did not find a prima facie showing of race-based discrimination during the jury selection process.
December 25, 2018: The Parable That Ends The Novel, The Chosen Is A Christmas Parable, Bruce Ledewitz
December 25, 2018: The Parable That Ends The Novel, The Chosen Is A Christmas Parable, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Parable that Ends the Novel, The Chosen is a Christmas Parable“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 23, 2018: More Of The New Mark Lilla, Bruce Ledewitz
December 23, 2018: More Of The New Mark Lilla, Bruce Ledewitz
Hallowed Secularism
Blog post, “More of the New Mark Lilla“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz
December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Continuing Disintegration of Politics in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 14, 2018: What Will Post-Christianity Look Like?, Bruce Ledewitz
December 14, 2018: What Will Post-Christianity Look Like?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Will Post-Christianity Look Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz
Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz
Online Publications
Lots of ink has been spilled over when Congress can give federal officials for-cause protection. One would think that a necessary antecedent to that discussion would be a determination of exactly what for-cause protection entails. What is “inefficiency, neglect of duty, or malfeasance in office”? Yet no one knows; the debate over the permissibility of that restriction proceeds in blissful uncertainty as to its scope.
Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan
Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan
Life of the Law School (1993- )
No abstract provided.
December 10, 2018: The Democrats’ God Problem, Bruce Ledewitz
December 10, 2018: The Democrats’ God Problem, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Democrats’ God Problem“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 7, 2018: Needed: A Party Of Democracy, Bruce Ledewitz
December 7, 2018: Needed: A Party Of Democracy, Bruce Ledewitz
Hallowed Secularism
Blog post, “Needed: A Party of Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc), Taylor Buono
State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc), Taylor Buono
Nevada Supreme Court Summaries
The Court affirmed the district court’s decision and held that the prosecutorial consent provision in NRS 176A.290 violated the Nevada Constitution’s separation of powers doctrine. Furthermore, the Court struck the offending language, finding that the provision could be severed from the statute without impacting the legislature’s intent.
The Pope And The Capital Juror, Aliza Plener Cover
The Pope And The Capital Juror, Aliza Plener Cover
Articles
In a significant change to Catholic Church doctrine, Pope Francis recently declared that capital punishment is impermissible under all circumstances. Counterintuitively, the Pope’s pronouncement might make capital punishment less popular but more prevalent in the United States. This Essay anticipates this possible dynamic and, in so doing, explores how “death qualification” of capital juries can insulate the administration of the death penalty when community morality evolves away from capital punishment.
The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz
The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Diverse Originalism, Christina Mulligan
Preserving Life By Ranking Rights, John William Draper
Preserving Life By Ranking Rights, John William Draper
Librarian Scholarship at Penn Law
Border walls, abortion, and the death penalty are the current battlegrounds of the right to life. We will visit each topic and more in this paper, as we consider ranking groups of constitutional rights.
The enumerated rights of the Due Process Clauses of the Fifth and Fourteenth Amendments—life, liberty, and property—merit special treatment. They have a deeper and richer history that involves ranking. Ranking life in lexical priority over liberty and property rights protects life first and maximizes safe liberty and property rights in the absence of a significant risk to life. This is not new law; aspects of it …
What Happens In Vagueness Stays In Vagueness: The United States Constitution's Ideas On Race, Austin Clements
What Happens In Vagueness Stays In Vagueness: The United States Constitution's Ideas On Race, Austin Clements
History Class Publications
The United States’ Constitution, while it may not explicitly discuss race in detail, has echoes of race throughout both its language and its history. Even during the origination of the Constitution, the inclusion of slavery was a hotly contested subject among the authors of the Constitution. The United States’ Constitution only uses the words “race” and “color” once and that is in the Fifteenth Amendment, which essentially gave black Americans the right to vote. While the US Constitution may not explicitly talk about race much, I argue that race is a present theme throughout the Constitution as well as behind …
December 1, 2018: "I Retired", Bruce Ledewitz
December 1, 2018: "I Retired", Bruce Ledewitz
Hallowed Secularism
Blog post, "I Retired“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Law Library Blog (December 2018) : Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (December 2018) : Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Theory And Practice Of Contestatory Federalism, James A. Gardner
The Theory And Practice Of Contestatory Federalism, James A. Gardner
Journal Articles
Madisonian theory holds that a federal division of power is necessary to the protection of liberty, but that federalism is a naturally unstable form of government organization that is in constant danger of collapsing into either unitarism or fragmentation. Despite its inherent instability, this condition may be permanently maintained, according to Madison, through a constitutional design that keeps the system in equipoise by institutionalizing a form of perpetual contestation between national and subnational governments. The theory, however, does not specify how that contestation actually occurs, and by what means.
This paper investigates Madison’s hypothesis by documenting the methods actually deployed …
The Depravity Of The 1930s And The Modern Administrative State, Gary S. Lawson, Steven Calabresi
The Depravity Of The 1930s And The Modern Administrative State, Gary S. Lawson, Steven Calabresi
Faculty Scholarship
Gillian Metzger’s 2017 Harvard Law Review foreword, entitled 1930s Redux: The Administrative State Under Siege, is a paean to the modern administrative state, with its massive subdelegations of legislative and judicial power to so-called “expert” bureaucrats, who are layered well out of reach of electoral accountability yet do not have the constitutional status of Article III judges. We disagree with this celebration of technocratic government on just about every level, but this Article focuses on two relatively narrow points.
First, responding more to implicit assumptions that pervade modern discourse than specifically to Professor Metzger’s analysis, we challenge the normally unchallenged …
Eugenics, Margaret Ann Donnell
Eugenics, Margaret Ann Donnell
History Class Publications
Naturally, and quite understandably, people avoid discussing the dark periods of human history, specifically the inconceivable acts of dehumanization imposed on their fellow man.
Individuals struggle to understand, sometimes simply because they cannot fathom, how a person—and in some cases, an institution—can manipulate and devalue another human being or groups of people. Often, the standards by which those with the “authority” to determine the lack of worth of the individual or population are arbitrary and subjective.
All of this is relevant in a conversation over the eugenics movement of the United States, occurring in the early to mid-twentieth century.
When …
Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries
Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries
Law Faculty Scholarly Articles
This Article examines, evaluates, and prescribes improvements to a familiar form of constitutional construction favored by neoformalists—the preference for rules over standards. Constitutional law development can be understood as being composed of two judicial tasks—interpretation and construction. Judicial interpretation of the Constitution involves determining the semantic meaning of the words contained in the document. Once that semantic meaning is determined, the interpreted meaning must be constructed into legal doctrine for application in court. Sometimes, that construction involves the articulation of the legal doctrines based on the interpreted constitutional text that will govern a particular case and those similar to it. …
November 24, 2018: Letter About Kornacki's Book, Bruce Ledewitz
November 24, 2018: Letter About Kornacki's Book, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Letter about Kornacki's book“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2018: Thanksgiving 2018, Bruce Ledewitz
November 23, 2018: Thanksgiving 2018, Bruce Ledewitz
Hallowed Secularism
Blog post, “Thanksgiving 2018“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2018: Is The New York Times Right About China?, Bruce Ledewitz
November 21, 2018: Is The New York Times Right About China?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is the New York Times Right About China?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz
November 17, 2018: The Matthew Whitaker Appointment, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Matthew Whitaker Appointment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
Marine Affairs Institute Conferences, Lectures, and Events
No abstract provided.
November 9, 2018: The Electoral College, Bruce Ledewitz
November 9, 2018: The Electoral College, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Electoral College“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 4, 2018: The God Construct, Bruce Ledewitz
November 4, 2018: The God Construct, Bruce Ledewitz
Hallowed Secularism
Blog post, “The God Construct“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 3, 2018: A Society Without A Soul, Bruce Ledewitz
November 3, 2018: A Society Without A Soul, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Society Without a Soul“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.