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Full-Text Articles in Constitutional Law

Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler Oct 2009

Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler

All Faculty Scholarship

In 1764, Cesare Beccaria, a 26-year-old Italian criminologist, penned On Crimes and Punishments. That treatise spoke out against torture and made the first comprehensive argument against state-sanctioned executions. As we near the 250th anniversary of its publication, law professor John Bessler provides a comprehensive review of the abolition movement from before Beccaria's time to the present. Bessler reviews Beccaria's substantial influence on Enlightenment thinkers and on America's Founding Fathers in particular. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in international law towards the death penalty's abolition. It then discusses …


“God” Is Just Another Word, Bruce Ledewitz Sep 2009

“God” Is Just Another Word, Bruce Ledewitz

Ledewitz Papers

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


Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz Sep 2009

Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz

Ledewitz Papers

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


February 11, 2009: A Politician Saves Us, Bruce Ledewitz Feb 2009

February 11, 2009: A Politician Saves Us, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Politician Saves Us“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 4, 2009: What Is History Like?, Bruce Ledewitz Feb 2009

February 4, 2009: What Is History Like?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is History Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Charles Taylor And The Future Of Secularism, Bruce Ledewitz Jan 2009

Charles Taylor And The Future Of Secularism, Bruce Ledewitz

Ledewitz Papers

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


Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz Jan 2009

Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz

Ledewitz Papers

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


‘The Federalist’ Abroad In The World, Donald L. Horowitz Jan 2009

‘The Federalist’ Abroad In The World, Donald L. Horowitz

Faculty Scholarship

This paper traces the influence of The Federalist Papers on five continents. From 1787 to roughly 1850, The Federalist was widely read and highly influential, especially in Europe and Latin America. Federalist justifications for federalism as a solution to the problem of creating a continental republic or to provincial rivalries were widely accepted. So, too, was the presidency, at least in Latin America, and that region adopted judicial review later in the nineteenth century. Presidentialism and judicial review fared less well in Western Europe. Following World War II, judicial review slowly became part of the standard equipment of new and …


Preaching To The Court House And Judging In The Temple, Nathan B. Oman Jan 2009

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

Faculty Publications

No abstract provided.