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Articles 1 - 30 of 1114
Full-Text Articles in Law
No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz
No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Methodological Gerrymandering, David Simson
Methodological Gerrymandering, David Simson
Cleveland State Law Review
The U.S. Supreme Court has come to decide many of the most consequential and contentious aspects of social policy via its interpretations of the U.S. Constitution. Institutional features of the Court create significant pressure on the Justices to justify their decisions as applications of “law” rather than the practice of “politics.” Their perceived failure to do so calls forth criticism sounding in a variety of registers—ranging from allegations of a lack of neutrality, lack of impartiality, or lack of “principle,” to allegations of opportunism, disingenuousness, and hypocrisy. Analyzing the Justices’ choices in relation to interpretational “methodology”—choosing one lens through which …
The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo
The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo
University of Miami Law Review
Largely missing from the extensive discussions of populism and illiberal democracy is the emerging question of 21st century constitutionalism. Nowadays, it is hard to see relevant constitutional changes without a strong appeal to direct popular political participation. Institutional mechanisms such as referenda, citizens’ assemblies, and constitutional conventions emerge as near-universal parts of the canon of every academic and political discussion on how constitutions should be enacted and amended. This Article’s aim is to offer a cautionary approach to the way participatory mechanisms can work in constitution-making and to stress the difference between the power to ratify constitutional proposals and the …
Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz
Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz
Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz
Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz
Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz
Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus
Honors Projects
The Supreme Court is often viewed with awe and the justices treated with reverence. It is the highest court in the United States, tasked with interpreting the law. But is the Supreme Court the neutral arbiter of justice it purports to be? Most recently, the 2022 ruling on Dobbs v. Jackson Women’s Health Organization overturned the fifty-year precedent of Roe v. Wade, causing the Court to face increasing scrutiny and questions of its legitimacy. I conduct a philosophical analysis of the arguments made by the justices in the opinions on Roe v. Wade, Planned Parenthood v. Casey, and …
The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz
The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz
If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz
The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz
The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz
The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz
With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Indiana Law Journal
Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …
Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling
Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling
Honors Theses
This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …
What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz
What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz
The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz
What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Why I Am No Longer A Jew, Bruce Ledewitz
Why I Am No Longer A Jew, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz
By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz
If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz
On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz
An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Depoliticizing The Supreme Court: How To Rein In Those Answerable To No One?, Dana Ortiz-Tulla ,Esq
Depoliticizing The Supreme Court: How To Rein In Those Answerable To No One?, Dana Ortiz-Tulla ,Esq
Journal of Race, Gender, and Ethnicity
This Note will discuss some of the Commission’s findings and other interesting suggestions to determine whether it is possible to rein in the modern-day Court. Part I will explain the inherently political nature of the Supreme Court. Part II will briefly present how the Supreme Court acquired its power. Part III will discuss several prominent proposals for Supreme Court reform. Finally, Part IV will examine whether any recommendations may depoliticize the Court.
The Openness Of Talmud, Bruce Ledewitz
The Openness Of Talmud, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz
Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The One Good Thing About The Independent State Legislature Theory, Bruce Ledewitz
The One Good Thing About The Independent State Legislature Theory, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz
Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.