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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
Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio
Targeted Killing: United States Policy, Constitional Law, And Due Process, Mark Febrizio
Senior Honors Theses
The increased incorporation of targeted killing, primarily through the use of unmanned aerial vehicles, into United States policy raises salient questions regarding its consistency with the U.S. Constitution. This paper contrasts interpretations of constitutional due process with the current legal framework for conducting targeted killing operations. The Fifth Amendment to the Constitution establishes the due process owed to U.S. citizens. This paper determines that the killing of Anwar al-Awlaki, an American citizen, was accomplished in a manner inconsistent with constitutional due process and demonstrates an over-extension of executive branch power. This paper examines one scholarly recommendation that seeks to increase …
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 Idea Of Democracy In The Early Republic, Keith Whittington
The Idea Of Democracy In The Early Republic, Keith Whittington
Schmooze 'tickets'
No abstract provided.
One(?) Nation Over-Extended, Gary S. Lawson
One(?) Nation Over-Extended, Gary S. Lawson
Faculty Scholarship
The conventional wisdom prior to the founding was that republics needed to be small. The conventional wisdom today is that James Madison, and the example of the United States, proves this to be mistaken. But what if Madison was actually wrong and Montesquieu was right? In this article, I consider whether the United States has gotten too big for its Constitution, whether this massive size contributes to political dysfunction, and what might be done to remedy the problem if there is indeed a problem. I suggest that size can increase rather than decrease the dangers of faction because the increased …
Foreword: The Death Penalty In Decline: From Colonial America To The Present, John Bessler
Foreword: The Death Penalty In Decline: From Colonial America To The Present, John Bessler
All Faculty Scholarship
This Article traces the history of capital punishment in America. It describes the death penalty's curtailment in colonial Pennsylvania by William Penn, and the substantial influence of the Italian philosopher Cesare Beccaria -- the first Enlightenment thinker to advocate the abolition of executions -- on the Founding Fathers' views. The Article also describes the transition away from "sanguinary" laws and punishments toward the "penitentiary system" and highlights the U.S. penal system's abandonment of non-lethal corporal punishments.
Spillover Across Remedies, Michael Coenen
Spillover Across Remedies, Michael Coenen
Journal Articles
Remedies influence rights, and rights apply across remedies. Combined together, these two phenomena produce the problem of spillover across remedies. The spillover problem occurs when considerations specific to one remedy affect the definition of a substantive rule that governs in other remedial settings. For example, the severe remedial consequences of suppressing incriminating evidence might generate substantive Fourth Amendment precedents that make other Fourth Amendment remedies (such as damage awards, injunctions, or ex ante denials of search warrants) more difficult to obtain. Or, the rule of lenity might yield a narrowed reading of a statutory rule in a criminal case, which …
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.
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …
Federalism As A Way Station: Windsor As Exemplar Of Doctrine In Motion, Neil S. Siegel
Federalism As A Way Station: Windsor As Exemplar Of Doctrine In Motion, Neil S. Siegel
Faculty Scholarship
This Article asks what the Supreme Court’s opinion in United States v. Windsor stands for. It first shows that the opinion leans in the direction of marriage equality but ultimately resists any dispositive “equality” or “federalism” interpretation. The Article next examines why the opinion seems intended to preserve for itself a Delphic obscurity. The Article reads Windsor as an exemplar of what judicial opinions may look like in transition periods, when a Bickelian Court seeks to invite, not end, a national conversation, and to nudge it in a certain direction. In such times, federalism rhetoric—like manipulating the tiers of scrutiny …