Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 30 of 32
Full-Text Articles in Law
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 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 Progessive Originalism, Dale E. Ho
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho
William & Mary Bill of Rights Journal
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 …
The Melendez-Diaz Dilemma: Virginia's Response, A Model To Follow, Anne Hampton Andrews
The Melendez-Diaz Dilemma: Virginia's Response, A Model To Follow, Anne Hampton Andrews
William & Mary Bill of Rights Journal
No abstract provided.
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
William & Mary Bill of Rights Journal
No abstract provided.
November 7, 2010: How To Fix The Establishment Clause, Bruce Ledewitz
November 7, 2010: How To Fix The Establishment Clause, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Fix the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Inherent Structure Of Free Speech Law, Joshua P. Davis, Joshua D. Rosenberg
The Inherent Structure Of Free Speech Law, Joshua P. Davis, Joshua D. Rosenberg
William & Mary Bill of Rights Journal
To date no one has discovered a set of organizing principles for free speech doctrine, an area of the law that has been criticized as complex, ad hoc, and even incoherent. We provide a framework that distills free speech law down to three judgments: the first about the role of government; the second about the target of government regulation; and the third a constrained cost-benefit analysis. The framework can be summarized by three propositions: first, the Constitution constrains government if it regulates private speech, but not if government speaks, sponsors speech or restricts expression in managing an internal governmental function; …
United States V. Covarrubias: Does The Ninth Circuit Add To The Ambiguity Of The Inextricably Intertwined Exception?, Holly Larsen
United States V. Covarrubias: Does The Ninth Circuit Add To The Ambiguity Of The Inextricably Intertwined Exception?, Holly Larsen
Golden Gate University Law Review
This Note discusses Covarrubias' facts and procedural history. Part III outlines the history of the Sixth Amendment right to counsel, with an emphasis on the inextricably intertwined exception. Part IV analyzes the Ninth Circuit's reasoning in Covarrubias. Part V critiques this reasoning in light of the strong presumption against the finding of the application of the inextricably intertwined exception. Finally, Part VI concludes that the Ninth Circuit properly suppressed the defendant's incriminating statements obtained by I.N.S. Agent Gonzalez, but would have set forth a stronger position had the Ninth Circuit evaluated in addition, or, in the alternative, under the circumvention …
August 29, 2010: Glen Beck’S Restoring Honor Rally, Bruce Ledewitz
August 29, 2010: Glen Beck’S Restoring Honor Rally, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Glen Beck’s Restoring Honor Rally“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 8, 2010: Seeking “Common Ground”: A Secular Statement, Bruce Ledewitz
July 8, 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.
July 4, 2010: Happy Fourth Of July, Bruce Ledewitz
July 4, 2010: Happy Fourth Of July, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Fourth of July“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 1, 2010: Justice Antonin Scalia Is Responsible For The Christian Legal Society Case, Bruce Ledewitz
July 1, 2010: Justice Antonin Scalia Is Responsible For The Christian Legal Society Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “Justice Antonin Scalia is Responsible for the Christian Legal Society Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 27, 2010: The Fight Over Jesus’ Name, Bruce Ledewitz
June 27, 2010: The Fight Over Jesus’ Name, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Fight Over Jesus’ Name“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 24, 2010: Publicity Description Of Higher Law In The Public Square, Bruce Ledewitz
June 24, 2010: Publicity Description Of Higher Law In The Public Square, Bruce Ledewitz
Hallowed Secularism
Blog post, “Publicity Description of Higher Law in the Public Square“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 10, 2010: Whose Fault Is The Florida “Right To Witness” Law?, Bruce Ledewitz
June 10, 2010: Whose Fault Is The Florida “Right To Witness” Law?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Whose Fault is the Florida “Right to Witness” Law?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 6, 2010: Former Justice David Souter’S Harvard Commencement Speech, Bruce Ledewitz
June 6, 2010: Former Justice David Souter’S Harvard Commencement Speech, Bruce Ledewitz
Hallowed Secularism
Blog post, “Former Justice David Souter’s Harvard Commencement Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 21, 2010: The Pledge Of Allegiance Debate, Bruce Ledewitz
March 21, 2010: The Pledge Of Allegiance Debate, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Pledge of Allegiance Debate“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 12, 2010: “In God We Trust” Upheld By The Ninth Circuit, Bruce Ledewitz
March 12, 2010: “In God We Trust” Upheld By The Ninth Circuit, Bruce Ledewitz
Hallowed Secularism
Blog post, “ “In God We Trust” Upheld by the Ninth Circuit“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 4, 2010: “Under God” As Identity Politics, Bruce Ledewitz
March 4, 2010: “Under God” As Identity Politics, Bruce Ledewitz
Hallowed Secularism
Blog post, ““under God” as Identity Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Significance Of Signatures: Why The Framers Signed The Constitution And What They Meant By Doing So, Michael Coenen
The Significance Of Signatures: Why The Framers Signed The Constitution And What They Meant By Doing So, Michael Coenen
Journal Articles
The signing of the U.S. Constitution is traditionally understood as the closing act of the Constitutional Convention. This Note provides an alternative account, one that understands the Constitution’s signing as the opening act of the ratification campaign that followed in the Convention’s wake. To begin, the Note explains the signatures’ ambiguous form as the product of political maneuvering designed to win support for the Constitution during ratification. The Note then hypothesizes two ways in which the signatures may have helped to secure this support: (1) by highlighting pro-Constitution selling-points likely to resonate with the ratifying public; and (2) by limiting …
February 20, 2010: Pawlenty's God Is In Charge, Bruce Ledewitz
February 20, 2010: Pawlenty's God Is In Charge, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pawlenty's God is in charge“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 17, 2010: So It’S A Christian Country…, Bruce Ledewitz
February 17, 2010: So It’S A Christian Country…, Bruce Ledewitz
Hallowed Secularism
Blog post, “So It’s a Christian Country...“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 23, 2010: Thoughts On Citizens United, The Supreme Court Corporate Speech Case, Bruce Ledewitz
January 23, 2010: Thoughts On Citizens United, The Supreme Court Corporate Speech Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “Thoughts on Citizens United, the Supreme Court Corporate Speech Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Jaunary 21, 2010: What’S Religion Got To Do With It?, Bruce Ledewitz
Jaunary 21, 2010: What’S Religion Got To Do With It?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What’s religion got to do with it?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 19, 2010: Dances With Wolves Meets The Matrix, Bruce Ledewitz
January 19, 2010: Dances With Wolves Meets The Matrix, Bruce Ledewitz
Hallowed Secularism
Blog post, “Dances with Wolves Meets The Matrix“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 12, 2010: The European Court Of Human Rights, Bruce Ledewitz
January 12, 2010: The European Court Of Human Rights, Bruce Ledewitz
Hallowed Secularism
Blog post, “The European Court of Human Rights“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Faculty Publications
No abstract provided.
Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson
Blackstone's Ninth Amendment: A Historical Common Law Baseline For The Interpretation Of Unenumerated Rights, Jeffrey D. Jackson
Oklahoma Law Review
No abstract provided.