Law Commons^™

November 2, 2014: Today’S Papers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Today’s Papers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Deal Leaves Court Issues Unresolved, Bruce Ledewitz

Ledewitz Papers

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

Public Law At The Cathedral: Enjoining The Government, Michael T. Morley

Scholarly Publications

Conventional wisdom provides that injunctive relief in public law cases is generally unnecessary, because a declaratory judgment and the threat of damages are enough to induce the government to comply with a court’s ruling (except, perhaps, in the institutional reform context). Consistent with this prevailing understanding, most scholars to apply Calabresi and Melamed’s Cathedral framework to public law have concluded that nearly all constitutional rights are protected by property rules, regardless of whether a rightholder actually is protected by an injunction, or instead merely has a substantial likelihood of obtaining one if she goes to court.

This Article challenges this …

Competitive Federalism: Five Clarifying Questions, Larry Yackle

Faculty Scholarship

Before I looked into the two fine books we are reviewing here,1 I would have said that arguments from federalism are typically fraudulent, neither more nor less than deliberate attempts to cloud the discussion of real issues. Now that I have read what Sotirios A. Barber and Michael S. Greve have written, I am largely confirmed in my prejudices. But my suspicions about federalism contentions have been shaken a bit – enough to ask some questions of Professor Greve, whose answers might persuade me that there is some good in this federalism business, after all. I doubt it, but I …

May 23, 2014: Governor's Move Pure Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Governor's Move Pure Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 17, 2014: The End Of Democracy, Bruce Ledewitz

Hallowed Secularism

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

May 3, 2014: The End Of The American Experiment, Bruce Ledewitz

Hallowed Secularism

Blog post, “The End of the American Experiment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides

Pa. Gay Marriage With An Exemption, Bruce Ledewitz

Ledewitz Papers

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

February 2, 2014: The California Drought, Bruce Ledewitz

Hallowed Secularism

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

Consent Of The Governed Or Consent Of The Government? The Problems With Consent Decrees In Government-Defendant Cases, Michael T. Morley

Scholarly Publications

Consent decrees raise serious Article III concerns. When litigants agree on their rights and jointly seek the same relief from a court, they are no longer adverse and a justiciable controversy no longer exists between them. In the absence of an actual controversy between opposing parties, it is both inappropriate and unnecessary for a court to issue a substantive order declaring or modifying the litigants' rights. Whether Article Ill's adverseness requirement is seen as jurisdictional or prudential, federal courts should decline to issue consent decrees and instead require litigants that wish to voluntarily resolve a case to execute a settlement …

Keep Your Eyes On Eyes In The Sky, Hillary B. Farber

Faculty Publications

To date, eight states have passed bills regulating domestic drone use by government and private individuals. This leaves us with a question: If a city of more than 60,000 residents and a global company with a customer base in the hundreds of millions are racing to the sky, how are we as a commonwealth of 6.6 million to truly launch ourselves into the debate and protect what little privacy we have left?

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

Ledewitz Papers

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

Government Goals And Policy Get In The Way Of Our Happiness, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Australian government policy and happiness research are pointing in very different directions.

A prime goal of government policy is economic growth. Many Australians go along with this, assuming that more money will make them happier. However, policy and common belief need to confront an increasing body of research that suggests a different approach to improving well-being.

Gifts, Hospitality & The Government Contractor, Jessica Tillipman

GW Law Faculty Publications & Other Works

The government procurement process demands the highest commitment to ethical and unbiased conduct. To ensure that the individuals involved in the procurement process adhere to these standards, government entities in nearly all jurisdictions around the world have enacted codes of conduct, ethical restrictions, and anti-corruption laws designed to protect the integrity of government and ensure that government officials act impartially and do not give preferential treatment to any private organization or individual. To further these goals, most jurisdictions have enacted restrictions on the gifts and hospitality that government officials may accept from individuals and organizations that sell goods and services …