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Articles 1 - 30 of 540
Full-Text Articles in Constitutional Law
December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz
December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz
Hallowed Secularism
Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman
Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz
December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz
Hallowed Secularism
Blog post, “As Christmas Goes, So Goes the Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward
Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward
Nevada Supreme Court Summaries
Review of a motion regarding two issues of first impression: (1) determining whether petitioners met the proper procedure whereby the press may file a motion to intervene in a criminal case when seeking access to juror questionnaires, and (2) whether district courts must publicly disclose juror questionnaires.
Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal
Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz
December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Does a Hallowed Secularist Send Chanukah Gifts?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz
December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz
Hallowed Secularism
Blog post, “Outrageous Breach of Wall of Separation as Rabbis Urge Lieberman to Support Health Care Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 16, 2009: The Fight For Chanukah, Bruce Ledewitz
December 16, 2009: The Fight For Chanukah, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Fight for Chanukah“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Unto This Very Purpose, Neal A. Maxwell
Unto This Very Purpose, Neal A. Maxwell
Vol. 2: Service & Integrity
This Founders Day address was given to the J. Reuben Clark Law Society at Little America Hotel in Salt Lake City on September 4, 2003.
December 13, 2009: Time To Buy An American Car, Bruce Ledewitz
December 13, 2009: Time To Buy An American Car, Bruce Ledewitz
Hallowed Secularism
Blog post, “Time to Buy an American Car“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 10. 2009: The New Weirdness, Bruce Ledewitz
December 10. 2009: The New Weirdness, Bruce Ledewitz
Hallowed Secularism
Blog post, “The New Weirdness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander
A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz
December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Religious Politics “Undemocratic”?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman
The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz
December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Charles Taylor and the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg
Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg
Publications
No abstract provided.
December 2, 2009: Is Islam Different?, Bruce Ledewitz
December 2, 2009: Is Islam Different?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Islam Different?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long
Law Faculty Research Publications
Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.
Neo-Orthodoxy In Academic Freedom, J. Peter Byrne
Neo-Orthodoxy In Academic Freedom, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This review essay analyzes two recent books that advance neo-orthodox theories of academic freedom: Matthew Finkin and Robert Post, For the Common Good: Principles of American Academic Freedom, and Stanley Fish, Save the World on Your Own Time. Both books develop principles articulated in the American Association of University Professors 1915 Declaration, which emphasize the role of faculty in advancing knowledge and the need to insulate professional evaluation of academic work from lay, political interference. This review essay defends the return to protection of the scholarly search for truth as the touchstone of academic freedom, offers critiques of the authors’ …
November 29, 2009: The Iranian Bomb, Bruce Ledewitz
November 29, 2009: The Iranian Bomb, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Iranian Bomb“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz
November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Thanksgiving Everyone“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz
November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Serious Man, A Serious Movie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz
November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Young Don’t Read the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz
November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Yale Press Decision Not to Publish the Cartoons of Muhammad“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
From Choice To Reproductive Justice: De-Constitutionalizing Abortion Rights, Robin West
From Choice To Reproductive Justice: De-Constitutionalizing Abortion Rights, Robin West
Georgetown Law Faculty Publications and Other Works
The Essay argues that the right to abortion constitutionalized in Roe v. Wade is by some measure at odds with a capacious understanding of the demands of reproductive justice. No matter its rationale, the constitutional right to abortion is fundamentally a negative right that rhetorically keeps the state out of the domain of family life. As such, the decision privatizes not only the abortion decision, but also parenting, by rendering the decision to carry a pregnancy to term a choice. It thereby legitimates a minimalist state response to the problems of pregnant women who carry their pregnancies to term and …
Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar
Jones V. Harris Associates: Shareholder Requirements For Proving A Mutual Fund Adviser’S Breach Of Fiduciary Duty, Matthew Rinegar
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
On Writs Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Holder V. Humanitarian Law Project, Nos. 08-1298, 09-89 (U.S. Nov. 16, 2009), David Cole
U.S. Supreme Court Briefs
No abstract provided.
November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz
November 15, 2009: When Scientists Speak Of God, Bruce Ledewitz
Hallowed Secularism
Blog post, “When Scientists Speak of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz
November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Religious Extremists in the Military“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz
November 13, 2009: How Does A Hallowed Secularist Face Death?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Does a Hallowed Secularist Face Death?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.