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Full-Text Articles in Law
A Fireside Chat With A Senator Sheldon Whitehouse, Roger Williams University School Of Law
A Fireside Chat With A Senator Sheldon Whitehouse, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
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.
Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink, Braden Fain
Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink, Braden Fain
Duke Journal of Constitutional Law & Public Policy Sidebar
Moore v. Harper tasks the Supreme Court with considering a fringe legal idea known as the Independent State Legislature Theory (ISLT). Donald Trump gave ISLT new life by invoking the theory during his attempts to overturn the results of the 2020 election. Instead of presidential elections, the litigation in Moore concerns congressional elections and partisan gerrymandering. Were the Court to accept ISLT, the theory would render states effectively impotent to curb gerrymandering and would aggrandize the Court's authority in federal elections. Scholars have recognized the theory's threat to American democracy and have accordingly produced a detailed record debunking the ISLT. …
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.
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
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.
State Constitutional Rights And Democratic Proportionality, Jessica Bulman-Pozen, Miriam Seifter
State Constitutional Rights And Democratic Proportionality, Jessica Bulman-Pozen, Miriam Seifter
Faculty Scholarship
State constitutional law is in the spotlight. As federal courts retrench on abortion, democracy, and more, state constitutions are defining rights across the nation. Despite intermittent calls for greater attention to state constitutional theory, neither scholars nor courts have provided a comprehensive account of state constitutional rights or a coherent framework for their adjudication. Instead, many state courts import federal interpretive practices that bear little relationship to state constitutions or institutions.
This Article seeks to begin a new conversation about state constitutional adjudication. It first shows how in myriad defining ways state constitutions differ from the U.S. Constitution: They protect …
Redistricting’S Ultimate Antidote, Douglas M. Spencer
Redistricting’S Ultimate Antidote, Douglas M. Spencer
Publications
No abstract provided.
State Constitutional Rights, State Courts, And The Future Of Substantive Due Process Protections, Jonathan L. Marshfield
State Constitutional Rights, State Courts, And The Future Of Substantive Due Process Protections, Jonathan L. Marshfield
UF Law Faculty Publications
By most accounts, the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization signaled a broader stagnation (and perhaps retrenchment) of federal substantive due process protections. As a result, there is now great interest in the role that state constitutions and courts might play in protecting and expanding reproductive and privacy rights. This Article aims to place this moment in state constitutional development in broader context. It makes two core claims in this regard. First, although state courts are free to interpret state constitutions as providing broader individual rights protections than those contained in the Federal Constitution, state constitutions …