Law Commons^™

An Opinion For The Ages, Bruce Ledewitz

Ledewitz Papers

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

December 21, 2013: Donald Rumsfeld And The Banality Of Evil, Bruce Ledewitz

Hallowed Secularism

Blog post, “Donald Rumsfeld and the Banality of Evil“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Stretching Religious Liberty, Bruce Ledewitz

Ledewitz Papers

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

The Commons, Capitalism, And The Constitution, George Skouras

George Skouras

Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.

A New Introduction To American Constitutionalism, Mark Graber

Mark Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form …

June 13, 2013: The Return Of The Cicadas, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Return of the Cicadas“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 26, 2013: How Hippies Became Evangelical Conservatives, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Hippies Became Evangelical Conservatives“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 12, 2013: Is Obama Nixon?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Is Obama Nixon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 25, 2013: The Coming Secularization Of Islam, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Coming Secularization of Islam“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz

Ledewitz Papers

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

Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff

Schmooze 'tickets'

No abstract provided.

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

A Comment On The Instruction Of Constitutional Law, William H. Rehnquist

Pepperdine Law Review

No abstract provided.

Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun

Samuel W. Calhoun

Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues.3 Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account,4 the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.

Congress Underestimated: The Case Of The World Bank, Kristina Daugirdas

Articles

This article challenges the oft-repeated claim that international organizations undermine democracy by marginalizing national legislatures. Over the past forty years, Congress has established itself as a key player in setting U.S. policy toward the World Bank. Congress has done far more than restrain executive branch action with which it disagrees; it has affirmatively shaped the United States’ day-to-day participation in this key international organization and successfully defended its constitutional authority to do so.

The President's Enforcement Power, Kate Andrias

Articles

Enforcement of law is at the core of the President’s constitutional duty to “take Care” that the laws are faithfully executed, and it is a primary mechanism for effecting national regulatory policy. Yet questions about how presidents oversee agency enforcement activity have received surprisingly little scholarly attention. This Article provides a positive account of the President’s role in administrative enforcement, explores why presidential enforcement has taken the shape it has, and examines the bounds of the President’s enforcement power. It demonstrates that presidential involvement in agency enforcement, though extensive, has been ad hoc, crisis-driven, and frequently opaque. The Article thus …