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Articles 31 - 48 of 48
Full-Text Articles in Law
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.
March 21, 2019: My Op-Ed On The Bladesnburg Cross, Bruce Ledewitz
March 21, 2019: My Op-Ed On The Bladesnburg Cross, Bruce Ledewitz
Hallowed Secularism
Blog post, “ My op-ed on the Bladesnburg Cross“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 16, 2019: John Yoo, War Criminal, Bruce Ledewitz
February 16, 2019: John Yoo, War Criminal, Bruce Ledewitz
Hallowed Secularism
Blog post, “John Yoo, War Criminal“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
"Black Lives Matter" As A Claim Of Fundamental Law, David B. Mcnamee
"Black Lives Matter" As A Claim Of Fundamental Law, David B. Mcnamee
University of Massachusetts Law Review
In this Article, I argue that we should understand #BlackLivesMatter as a claim on the Constitution—a very special kind of constitutional claim, on the Constitution as fundamental law. It is a paradigmatic contemporary example of this category of constitutional law for citizens, one that reaches back past the roots of the American Revolution and underlies the logic of popular sovereignty at the core of our system. Section I develops a conceptual sketch of fundamental law and its features. Section II then turns to the content of “Black Lives Matter” as a constitutional principle and traces its position in the arc …
February 10, 2019: This Political Moment, Bruce Ledewitz
February 10, 2019: This Political Moment, Bruce Ledewitz
Hallowed Secularism
Blog post, “This Political Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 29, 2019: How To Save American Democracy, Bruce Ledewitz
January 29, 2019: How To Save American Democracy, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Save American Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz
What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz
What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke
The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke
Calvert Undergraduate Research Awards
Advanced Research Winner 2019:
While the concept of substantive due process has guided judicial decision making even prior to the Civil War, it has become a lightning rod among the juristic community especially since the 1960s. This controversy includes issues ranging from the applicability and reliability to the cogency and legitimacy of the doctrine of substantive due process Many scholars attribute the skepticism toward the concept of substantive due process to be the result of a paradigm shift in the middle of the 20th century when this concept transitioned from an economic and property rights based approach to one …
A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz
A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz
How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding, Wadad Barakat
A Blind Spot In Miranda Rights: Juveniles' Lack Of Understanding Regarding, Wadad Barakat
St. Thomas Law Review
This Comment addresses the negative implications of juveniles who waive their Miranda rights due to lack of knowledge, fear, and lack of cognitive capabilities." First, this Comment will provide insight regarding the Fifth Amendment, the history of Miranda, and key cases that lead to the reform of Miranda. Second, this Comment will discuss juveniles' perspective of the Miranda language along with the police's perspective. In particular, it will emphasize the complexity of the language as it stands today and how juveniles' cognitive abilities are insufficiently developed to understand it. Lastly, this Comment will propose guidelines to prevent minors from giving …
From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe
From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe
Catholic University Law Review
In 1996, Congress passed the Communications Decency Act to allow the screening of offensive material from the internet, while preserving the continued development of the internet economy without burdensome regulation. However, for years, online intermediaries have successfully used the Act as a shield from liability when third parties use their online services to commit tortious or criminal acts. This Comment argues that a wholly-unregulated internet is no longer necessary to preserve the once-fledgling internet economy. After evaluating various approaches to intermediary liability, this Comment also argues that Congress should take a more comprehensive look at consumer protection online and establish …
Constitutional Reform In Japan: Prospects, Process, And Implications, Nobuhisa Ishizuka
Constitutional Reform In Japan: Prospects, Process, And Implications, Nobuhisa Ishizuka
Faculty Scholarship
Japan's constitution has remained unchanged for over 70 years since its adoption. With Prime Minister Shinzo Abe's re-election as the leader of the ruling Liberal Democratic Party of Japan (LDP) in 2018, the issue of constitutional revision has gained renewed attention. On March 13, 2019 the Center for Japanese Legal Studies at Columbia Law School co-hosted, with the Council on Foreign Relations, a full-day conference on "Constitutional Reform in Japan: Prospect, Process, and Implications." Three panels of distinguished experts examined the domestic political landscape in Japan, provided comparative legal perspectives, and considered the political, strategic, and social implications of proposed …
Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio
Harmless Constitutional Error: How A Minor Doctrine Meant To Improve Judicial Efficiency Is Eroding America's Founding Ideals, Ross C. Reggio
CMC Senior Theses
The United States Constitution had been in existence for almost two hundred years before the Supreme Court decided that some violations of constitutional rights may be too insignificant to warrant remedial action. Known as "harmless error," this statutory doctrine allows a court to affirm a conviction when a mere technicality or minor defect did not affect the defendant's substantial rights. The doctrine aims to promote judicial efficiency and judgment finality. The Court first applied harmless error to constitutional violations by shifting the statutory test away from the error's effect on substantial rights to its impact on the jury's verdict. Over …
The Present Crisis In American Bail, Kellen R. Funk
The Present Crisis In American Bail, Kellen R. Funk
Faculty Scholarship
More than fifty years after a predicted coming federal courts crisis in bail, district courts have begun granting major systemic injunctions against money bail systems. This Essay surveys the constitutional theories and circuit splits that are forming through these litigations. The major point of controversy is the level of federal court scrutiny triggered by allegedly unconstitutional bail regimes, an inquiry complicated by ambiguous Supreme Court precedents on (1) post-conviction fines, (2) preventive detention at the federal level, and (3) the adequacy of probable cause hearings. The Essay argues that the application of strict scrutiny makes the best sense of these …
Symposium: This Case Is Moot, Jessica Bulman-Pozen, Adam Samaha
Symposium: This Case Is Moot, Jessica Bulman-Pozen, Adam Samaha
Faculty Scholarship
Forget guns for a moment. Imagine that, once upon a time, Boca Raton had a rule that prohibited its residents from transporting their golf clubs to driving ranges outside the city. Boca’s finest golfers challenged the constitutionality of the rule in court. Now imagine that the city thought twice and repealed the rule and that Florida then passed a statute authorizing people to transport their clubs to the driving ranges of their choice. The golfers could live happily ever after.
Constitutional Reform In Japan, Nobuhisa Ishizuka
Constitutional Reform In Japan, Nobuhisa Ishizuka
Faculty Scholarship
Over seventy years ago it would have seemed inconceivable in the aftermath of a calamitous war that a complete reorientation of Japan into a pacifist society, modeled on Western principles of individual rights and democracy, would succeed in upending a deeply entrenched political order with roots dating back centuries.
The post-war Japanese constitution lies at the heart of this transformation. Drafted, negotiated and promulgated a mere fourteen months after Japan's formal surrender, it has remained a model of stability amidst transformational changes in the domestic and international political landscape. In the seventy-plus years since its adoption, it has not been …