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Full-Text Articles in Law
Think We’Re Powerless Against Hate Speech? The Constitution Provides Plenty Of Room To Address It, Bruce Ledewitz
Think We’Re Powerless Against Hate Speech? The Constitution Provides Plenty Of Room To Address It, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Calif. Supreme Court Right To Strike Down Law Requiring Trump To Release Tax Returns To Get On The Ballot, Bruce Ledewitz
Calif. Supreme Court Right To Strike Down Law Requiring Trump To Release Tax Returns To Get On The Ballot, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell
A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell
Loyola of Los Angeles International and Comparative Law Review
Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …
Why Congress Does Not Challenge Judicial Supremacy, Neal Devins
Why Congress Does Not Challenge Judicial Supremacy, Neal Devins
Neal E. Devins
Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …
If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl
If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Indiana Journal of Global Legal Studies
The paper asks, when is a constitutional design of any (domestic, international, supranational) polity in error? On the most general level, such a critical juncture occurs when a polity's founding document (treaty, convention, constitution) protects against dangers that no longer exist or does not protect against the dangers that were not contemplated by the founders. Constitutions not only rule but should also protect against deconstitution. When analyzed together, the cases of Hungary, Poland, South America, and more recently, the United States, suggest a worrying new pattern of the erosion of constitutional democracies. One may even speak of a recipe for …
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Upper Level Writing Requirement Research Papers
Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …
Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz
Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Scotus Gerrymandering Case: Roberts Didn’T Defend Constitutional Democracy, Bruce Ledewitz
Scotus Gerrymandering Case: Roberts Didn’T Defend Constitutional Democracy, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz
The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
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
Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim
Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim
Publications
At first glance, religious courts, especially Sharia courts, seem incompatible with secular, democratic societies. Nevertheless, Jewish and Islamic courts operate in countries like the United States, England, and Israel. Scholarship on these religious courts has primarily focused on whether such religious legal pluralism promotes the value of religious freedom, and if so, whether these secular legal systems should accommodate the continued existence of these courts. This article shifts the inquiry to determine whether religious courts in these environments accommodate litigants’ popular opinions and the secular, procedural, and substantive justice norms of the country in which they are located. This article …
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
Techniques For Regulating Military Force, Monica Hakimi
Techniques For Regulating Military Force, Monica Hakimi
Faculty Scholarship
This chapter draws on the five chapters that follow—each of which describes the war powers in a single country — to identify and analyze some of the techniques for regulating this area of foreign affairs and then to reflect on the value of comparative research on it. Three basic techniques are: (1) to establish substantive standards on when the government may or may not use force, (2) to divide among different branches of government the authority to deploy the country’s armed forces, and (3) to subject such decisions to oversight or review. There is considerable variation, both across countries and …