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Articles 1 - 30 of 195
Full-Text Articles in Law
October 27, 2020: Will The Supreme Court Survive This Treachery?, Bruce Ledewitz
October 27, 2020: Will The Supreme Court Survive This Treachery?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Will the Supreme Court Survive This Treachery?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 7, 2020: Latitia James's Tyranny, Bruce Ledewitz
August 7, 2020: Latitia James's Tyranny, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Latitia James's Tyranny“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 26, 2020: No Federal Police Power, Bruce Ledewitz
July 26, 2020: No Federal Police Power, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Federal Police Power“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 19, 2020: Trump Threatens University Tax Exempt Status, Bruce Ledewitz
July 19, 2020: Trump Threatens University Tax Exempt Status, Bruce Ledewitz
Hallowed Secularism
Blog post, “Trump Threatens University Tax Exempt Status“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 1, 2020: Originalism Is Dead, Bruce Ledewitz
July 1, 2020: Originalism Is Dead, Bruce Ledewitz
Hallowed Secularism
Blog post, “Originalism Is Dead“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 5, 2020: Preparing The Ground To Overrule Roe?+A5, Bruce Ledewitz
May 5, 2020: Preparing The Ground To Overrule Roe?+A5, Bruce Ledewitz
Hallowed Secularism
Blog post, “Preparing the Ground to Overrule Roe?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Is The Right To Abortion Still Specially Protected?, John M. Greabe
Is The Right To Abortion Still Specially Protected?, John M. Greabe
Law Faculty Scholarship
[excerpt] Last week, in June Medical Services v. Russo, the Supreme Court heard arguments in a case that once again raises questions about the extent to which the Constitution protects a woman's right to end a pregnancy. But the way in which the court resolves the case is likely to reveal more than just its views on abortion rights.
This column, the first in a series of three, describes the legal and historical path that led to June Medical Services. The next two will explore what the case suggests about, respectively, how the current court will treat constitutional …
September 14, 2019: Constitution Day 2019, Bruce Ledewitz
September 14, 2019: Constitution Day 2019, Bruce Ledewitz
Hallowed Secularism
Blog post, “Constitution Day 2019“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Counterfeit Campaign Speech, Rebecca Green
Counterfeit Campaign Speech, Rebecca Green
Faculty Publications
We are entering an era in which computers can manufacture highly-sophisticated images, audio, and video of people doing and saying things they have, in fact, not done or said. In the context of political campaigns, the danger of “counterfeit campaign speech” is existential. Do current laws adequately regulate faked candidate speech? Can counter speech effectively neutralize it? Because it takes place in the vaulted realm of core political speech, would the First Amendment stymie any attempt to outlaw it? Many smart people who have looked at the general problem of deceit in campaigns have concluded that the state has no …
June 23, 2019: All The Justices Get Religion Wrong Again, Bruce Ledewitz
June 23, 2019: All The Justices Get Religion Wrong Again, Bruce Ledewitz
Hallowed Secularism
Blog post, “All the Justices Get Religion Wrong Again“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 22, 2019: What The Supreme Court Should Have Said, But Didn't, In The Maryland Cross Case, Bruce Ledewitz
June 22, 2019: What The Supreme Court Should Have Said, But Didn't, In The Maryland Cross Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “What the Supreme Court Should Have Said, But Didn't, in the Maryland Cross Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 15, 2019: What Impeachment And Court-Packing Have In Common, Bruce Ledewitz
May 15, 2019: What Impeachment And Court-Packing Have In Common, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Impeachment and Court-packing Have in Common“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 14, 2019: Two Cases Of Independence--The Court And The Fed--And What They Tell Us About American Nihilism, Bruce Ledewitz
April 14, 2019: Two Cases Of Independence--The Court And The Fed--And What They Tell Us About American Nihilism, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Two Cases of Independence--the Court and the Fed--and What They Tell Us About American Nihilism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 23, 2019: Opening Of The Memphis Talk On Court-Packing, Bruce Ledewitz
February 23, 2019: Opening Of The Memphis Talk On Court-Packing, Bruce Ledewitz
Hallowed Secularism
Blog post, “Opening of the Memphis talk on Court-Packing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 26, 2019: Why There Is No Left Federalist Society, Bruce Ledewitz
January 26, 2019: Why There Is No Left Federalist Society, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why There is No Left Federalist Society“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz
October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz
Hallowed Secularism
Blog post, “Judge Kavanaugh Doesn’t Have a Judicial Philosophy: Only Randy Barnett Does“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 21, 2018: The End Of Constitutional Government, Bruce Ledewitz
September 21, 2018: The End Of Constitutional Government, Bruce Ledewitz
Hallowed Secularism
Blog post, “The End of Constitutional Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz
August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Coming Desperate Struggle“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 12, 2018: Decent Republicans, Especially Law Professors, Have Got To Stop Voter Suppression, Bruce Ledewitz
August 12, 2018: Decent Republicans, Especially Law Professors, Have Got To Stop Voter Suppression, Bruce Ledewitz
Hallowed Secularism
Blog post, “Decent Republicans, Especially Law Professors, Have Got to Stop Voter Suppression“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 17, 2018: He’S Not A Russian Agent, Just Unfit To Be President, Bruce Ledewitz
July 17, 2018: He’S Not A Russian Agent, Just Unfit To Be President, Bruce Ledewitz
Hallowed Secularism
Blog post, “He’s Not a Russian Agent, Just Unfit to be President“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 10, 2018: Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors, Bruce Ledewitz
July 10, 2018: Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors, Bruce Ledewitz
Hallowed Secularism
Blog post, “Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz
June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz
Hallowed Secularism
Blog post, “Yes, the President Can Pardon Himself and This Court is Going to Vote for Religious Believers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 24, 2018: “The Policy May Be Debatable, But The Law Is Clear”, Bruce Ledewitz
May 24, 2018: “The Policy May Be Debatable, But The Law Is Clear”, Bruce Ledewitz
Hallowed Secularism
Blog post, “The policy may be debatable, but the law is clear” discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Sports Betting, Federalism And The Constitution, John M. Greabe
Sports Betting, Federalism And The Constitution, John M. Greabe
Law Faculty Scholarship
[Excerpt] Justice Sandra Day O'Connor has described federalism - how the Constitution divides powers between the federal government and the states - as "perhaps our oldest question of constitutional law."
This past week, the United States Supreme Court returned to this oldest of constitutional questions to strike down a federal law that had prohibited stats from authorizing betting on competitive sporting events.
The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein
The (Mis)Application Of Rule 404(B) Heuristics, Dora W. Klein
Faculty Articles
In all of the federal circuit courts of appeals, application of Rule 404(b) of the Federal Rules of Evidence has been distorted by judicially-created "tests" that, while intended to assist trial courts in properly admitting or excluding evidence, do not actually test for the kind of evidence prohibited by this rule. Rule 404(b) prohibits evidence of "crimes, wrongs, or other acts" if the purpose for admitting the evidence is to prove action in accordance with a character trait. This evidence is commonly referred to as "propensity" evidence, or "once a drug dealer, always a drug dealer" evidence.
This Article examines …
March 28, 2018: Is Donald Trump The Antichrist?, Bruce Ledewitz
March 28, 2018: Is Donald Trump The Antichrist?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Donald Trump the Antichrist?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Excavating The Forgotten Suspension Clause, Helen Norton
Excavating The Forgotten Suspension Clause, Helen Norton
Publications
No abstract provided.
October 1, 2017: Debate On Originalism, Bruce Ledewitz
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.
Restroom Use, Civil Rights, And Free Speech "Opportunism", Timothy Zick
Restroom Use, Civil Rights, And Free Speech "Opportunism", Timothy Zick
Faculty Publications
Commentators have expressed concerns that litigants are invoking the First Amendment's Free Speech Clause strategically, in order to compensate for the weakness or futility of other constitutional claims. The phenomenon has been given a label- "opportunism "-and scholars have examined some of its causes and consequences. This Article takes a closer and somewhat skeptical look at the concept offree speech "opportunism." It imagines that the Free Speech Clause will be invoked in challenges to laws or policies that restrict public restroom use based on a person's gender. Would such challenges be "opportunistic, " as the term has been defined? What …
July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz
July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Trinity Lutheran Church Case Shows There is no Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.