Law Commons^™

December 10, 2017: When Can Due Process Be Dispensed With?, Bruce Ledewitz

Hallowed Secularism

Blog post, “When Can Due Process Be Dispensed With?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 21, 2017: The Revenge Of Ruth Ann Dailey, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Revenge of Ruth Ann Dailey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Comparative Perspectives On Specialized Trials For Terrorism, Sudha Setty

Maine Law Review

President Obama has made clear that the United States must grapple with questions of how to detain and try potentially dangerous terrorism suspects in a manner that maximizes national security while adhering to the rule of law. Yet the United States faces a serious quandary in terms of how to prosecute suspects who have been detained at Guantanamo Bay, Cuba, that puts at risk the reputation of the United States justice system and its adherence to rule of law. The question of what trial system to use for suspected terrorists requires an historical interrogation of how and to what effect …

November 7, 2017: “An Act Of Pure Evil”, Bruce Ledewitz

Hallowed Secularism

Blog post, “An Act of Pure Evil” discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 1, 2017: Debate On Originalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Debate on Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.

September 7, 2017: Spending Money We Don't Have, Bruce Ledewitz

Hallowed Secularism

Blog post, “Spending Money We Don't Have“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 16, 2017: Moral, Historical And Legal Confusions Over Charlottesville, Bruce Ledewitz

Hallowed Secularism

Blog post, “Moral, Historical and Legal Confusions over Charlottesville“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 20, 2017: Are Trump Supporters Moral Heroes On Healthcare?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Are Trump Supporters Moral Heroes on Healthcare?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

June 1, 2017: Exiting The Paris Accord, Bruce Ledewitz

Hallowed Secularism

Blog post, “Exiting the Paris Accord“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Judicial-Industrial Complex“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 26, 2017: What’S The Worst Thing President Trump Is Doing?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What’s the Worst Thing President Trump is Doing?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 12, 2017: The Ninth Circuit Decision, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Ninth Circuit Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 1, 2017: First They Banned The Muslims, Bruce Ledewitz

Hallowed Secularism

Blog post, “First They Banned the Muslims“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey

Notre Dame Journal of Law, Ethics & Public Policy

The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …

Internet Surveillance, Regulation, And Chilling Effects Online: A Comparative Case Study, Jonathon Penney

Articles, Book Chapters, & Popular Press

With internet regulation and censorship on the rise, states increasingly engaging in online surveillance, and state cyber-policing capabilities rapidly evolving globally, concerns about regulatory “chilling effects” online — the idea that laws, regulations, or state surveillance can deter people from exercising their freedoms or engaging in legal activities on the internet have taken on greater urgency and public importance. But just as notions of “chilling effects” are not new, neither is skepticism about their legal, theoretical, and empirical basis; in fact, the concept remains largely un-interrogated with significant gaps in understanding, particularly with respect to chilling effects online. This work …

Transnational Constitution-Making: The Contribution Of The Venice Commission On Law And Democracy, Paul Craig

Articles by Maurer Faculty

Commission for Democracy through Law, better known as the Venice Commission. While part of the Council of Europe, the Venice Commission is much less understood than the European Court of Human Rights (ECHR), notwithstanding the existing literature. This chapter therefore seeks to explicate and evaluate. It begins by explicating the organizational foundations of the Venice Commission, followed by analysis of its remit and role. The focus then shifts to triggering and working methodology.

The remainder of the article is concerned with evaluation of the Commission’s role in relation to constitution-making as broadly conceived, the analysis being situated within the literature …

France Bans The Veil: What French Republicanism Has To Say About It, Stéphane Mechoulan

Stéphane Mechoulan