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Articles 31 - 59 of 59
Full-Text Articles in Law
June 10, 2012: Cut Off From Blame And Punishment, Bruce Ledewitz
June 10, 2012: Cut Off From Blame And Punishment, Bruce Ledewitz
Hallowed Secularism
Blog post, “Cut Off from Blame and Punishment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 2, 2012: Massachusetts V. United States Department Of Health And Human Services, Bruce Ledewitz
June 2, 2012: Massachusetts V. United States Department Of Health And Human Services, Bruce Ledewitz
Hallowed Secularism
Blog post, “ MASSACHUSETTS v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz
May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “Seeger—an Extraordinary Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 27, 2012: Happy Memorial Day, Bruce Ledewitz
May 27, 2012: Happy Memorial Day, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Memorial Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 21, 2012: Raimon Panikkar On Church And State, Bruce Ledewitz
May 21, 2012: Raimon Panikkar On Church And State, Bruce Ledewitz
Hallowed Secularism
Blog post, “Raimon Panikkar on Church and State“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 15, 2012: Religion At Occupy Wall Street, Bruce Ledewitz
May 15, 2012: Religion At Occupy Wall Street, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religion at Occupy Wall Street“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 20, 2012: Back To The Bishops, Bruce Ledewitz
April 20, 2012: Back To The Bishops, Bruce Ledewitz
Hallowed Secularism
Blog post, “Back to the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 12, 2012: Reason Rally Update, Bruce Ledewitz
April 12, 2012: Reason Rally Update, Bruce Ledewitz
Hallowed Secularism
Blog post, “Reason Rally Update“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 4, 2012: Samuel Moyn’S Questions About Church, State, And The Crisis In American Secularism, Bruce Ledewitz
April 4, 2012: Samuel Moyn’S Questions About Church, State, And The Crisis In American Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Samuel Moyn’s Questions about Church, State, and the Crisis in American Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 1, 2012: A Partisan Day Of Prayer And Fasting, Bruce Ledewitz
April 1, 2012: A Partisan Day Of Prayer And Fasting, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Partisan Day of Prayer and Fasting“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Fundamental Rights Case Masquerading as a Commerce Clause Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 23, 2012: Warm Enough For You?, Bruce Ledewitz
March 23, 2012: Warm Enough For You?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Warm Enough For You?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Any Other Pro-Life People Outraged and Embarrassed?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington
American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington
Mark Graber
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers institutions and Volume II covers Rights and Liberties-- this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.
February 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz
February 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz
Hallowed Secularism
Blog post, “Reasons for Confidence in the Future“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz
February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz
Hallowed Secularism
Blog post, “Greetings From Sunny Malibu“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz
February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Do Pacifists Have to Pay All Their Federal Taxes?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz
February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “Time to Leave the Democratic Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz
February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Just the Beginning of the War on Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 28, 2012: A New Marxism, Bruce Ledewitz
January 28, 2012: A New Marxism, Bruce Ledewitz
Hallowed Secularism
Blog post, “A New Marxism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz
January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz
Hallowed Secularism
Blog post, “But Why Can’t People Just Practice a Scientific Way of Life?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz
January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz
Hallowed Secularism
Blog post, “ I Have a Soft Spot for Rick Santorum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee
Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University
The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
All Faculty Scholarship
Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. Many of the “rules-of-the-road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against “partisan gerrymandering” (which has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of …
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Robert Taylor, An Appreciation, Bruce Ledewitz
Robert Taylor, An Appreciation, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Constitutional Forbearance, A. Christopher Bryant
Constitutional Forbearance, A. Christopher Bryant
Faculty Articles and Other Publications
This essay begins by developing the concept of constitutional forbearance and exploring the role it plays in the craft of good judging. This first Part also illustrates what is meant by constitutional forbearance by recovering a forgotten but illustrative example from a century ago. Part II then argues that the need for forbearance has at present become unusually acute. Finally, in Part III this essay identifies some of the qualities of the Obama care cases that make them such singular opportunities for the exercise of this much needed judicial virtue and answers some anticipated objections to thinking about the cases …
Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked, Stephanie Mcmahon
Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked, Stephanie Mcmahon
Faculty Articles and Other Publications
Loopholes in the law are weaknesses that allow the law to be circumvented. Once created, they prove hard to eliminate. Acase study of the evolving tax unit used in the federal income tax explores policymakers' response to loopholes. The1913 income tax created an opportunity for wealthy married couples to shift ownership of family income between spouses, then to file separately, and, as a result, to reduce their collective taxes. In 1948, Congress closed this loophole by extending the income-splitting benefit to all married taxpayers filing jointly. Congress acted only after the federal judiciary and Treasury Department pleaded for congressional …
Fiduciary Principles And Statutory Form In Relation To The Necessary And Proper Clause: Potential Constitutional Implications For Congressional Short Titles, Brian Christopher Jones
Fiduciary Principles And Statutory Form In Relation To The Necessary And Proper Clause: Potential Constitutional Implications For Congressional Short Titles, Brian Christopher Jones
Brian Christopher Jones
This article explores the principles of fiduciary duty and statutory form in relation to the “proper” portion of the Necessary and Proper Clause, and especially in regard to congressional short titles for bills and laws. While the clause is one of the most influential and controversial constitutional phrases, its meaning remains shrouded in mystery. At some level amongst the founders, the Constitution was regarded as a grant of fiduciary duty from the government to its people; given this, the clause should be read from such a perspective, and the duties of loyalty and good faith, among others, come into play …