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Full-Text Articles in Law

Constitutional Caution, Bruce Ledewitz Apr 2010

Constitutional Caution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr. Mar 2010

Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Wednesday night, I gave a talk at Brown University, as part of the Human Trafficking Awareness Week. After the talk, I stopped for a coffee on Atwells Avenue on the way home. One Spa, an illegal spa-brothel, is next door to the coffee shop and just above the office of the Federal Hill Gazette. From the time I got out of my car and returned with my coffee, I saw three men go into the brothel—one white man in his late thirties dressed in carpenter pants, a flannel shirt, and baseball cap, one older balding white man with glasses, …


The Future Of God—And Secularism, Bruce Ledewitz Mar 2010

The Future Of God—And Secularism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”


The Future Of God—And Secularism, Bruce Ledewitz Mar 2010

The Future Of God—And Secularism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


John Yoo And Jay Bybee Dodge Disciplinary Action But Recall Nuremberg, Bruce Ledewitz Feb 2010

John Yoo And Jay Bybee Dodge Disciplinary Action But Recall Nuremberg, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Edzia Carvalho On Human Rights: Politics And Practice. Edited By Michael Goodhart. New York: Oxford University Press, 2009. 455pp., Edzia Carvalho Jan 2010

Edzia Carvalho On Human Rights: Politics And Practice. Edited By Michael Goodhart. New York: Oxford University Press, 2009. 455pp., Edzia Carvalho

Human Rights & Human Welfare

A review of:

Human Rights: Politics and Practice. Edited by Michael Goodhart. New York: Oxford University Press, 2009. 455pp.


All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee Jan 2010

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee

College of Law - Faculty Scholarship

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy, the …


The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz Jan 2010

The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Seeking Common Ground: A Secular Statement, Bruce Ledewitz Jan 2010

Seeking Common Ground: A Secular Statement, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert Jan 2010

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

University of Richmond Law Review

No abstract provided.


A Tale Of Two Paradigms: Judicial Review And Judicial Duty, Philip A. Hamburger Jan 2010

A Tale Of Two Paradigms: Judicial Review And Judicial Duty, Philip A. Hamburger

Faculty Scholarship

What is the role of judges in holding government acts unconstitutional? The conventional paradigm is "judicial review." From this perspective, judges have a distinct power to review statutes and other government acts for their constitutionality. The historical evidence, however, reveals another paradigm, that of judicial duty. From this point of view, presented in my book Law and Judicial Duty, a judge has an office or duty, in all decisions, to exercise judgment in accord with the law of the land. On this understanding, there is no distinct power to review acts for their constitutionality, and what is called "judicial review" …