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Articles 1 - 30 of 34
Full-Text Articles in Law
Originalism After Dobbs, Bruen, And Kennedy: The Role Of History And Tradition, Randy E. Barnett, Lawrence B. Solum
Originalism After Dobbs, Bruen, And Kennedy: The Role Of History And Tradition, Randy E. Barnett, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
In three recent cases, the constitutional concepts of history and tradition have played important roles in the reasoning of the Supreme Court. Dobbs v. Jackson Women’s Health Organization relied on history and tradition to overrule Roe v. Wade. New York State Rifle & Pistol Ass’n v. Bruen articulated a history and tradition test for the validity of laws regulating the right to bear arms recognized by the Second Amendment. Kennedy v. Bremerton School District looked to history and tradition in formulating the test for the consistency of state action with the Establishment Clause.
These cases raise important questions about …
Integrating Doctrine And Diversity Speaker Series: Can The Socratic Method Be Used In An Inclusive Classroom?, Roger Williams University School Of Law
Integrating Doctrine And Diversity Speaker Series: Can The Socratic Method Be Used In An Inclusive Classroom?, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz
Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz
Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz
Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman
Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz
Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz
Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz
The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz
If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Historic Preservation: Launched From Grand Central Terminal, But Derailing, Kraz Greinetz
Historic Preservation: Launched From Grand Central Terminal, But Derailing, Kraz Greinetz
Duke Journal of Constitutional Law & Public Policy Sidebar
In Penn Central Transportation Co. v. City of New York, the Supreme Court authorized the practice of historic preservation. Ruling that when a city designates a building as "historic" and therefore restricting its development, it is not a "taking" of private property that requires just compensation under the Fifth Amendment. Since that time, historic preservation has proliferated in America's cities. But it's time for another look. Since Penn Central was decided, the facts and law of property regulation in the United States have changed. And the decision, which was wrong from an originalist perspective when it was decided, has …
The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz
The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Erasmian Perspectives On Copyright: Justifying A Right To Research, Tania Cheng-Davies
Erasmian Perspectives On Copyright: Justifying A Right To Research, Tania Cheng-Davies
Joint PIJIP/TLS Research Paper Series
The right to research exists in many jurisdictions as an exception to copyright infringement but unharmonized and inconsistent in its application, with no universal understanding or acceptance of how such a right should be framed. Researchers face unknown and uncertain obstacles in accessing research and scholarly works, which in turn frustrates their own research and development. While copyright law has increasingly strengthened in scope and duration over time, there has been a reactive backlash to this in the form of calls for a more balanced copyright regime, including the recognition of a clear right to research. The keys to understanding …
The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz
The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
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.
With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz
With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling
Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling
Honors Theses
This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …
What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz
What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz
The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz
What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
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.
Expedition To Washington State: The Pacific Crest Trail, Mt. Rainier, Okanogan-Wenatchee, And Lake Chelan, Riley J. Nolan
Expedition To Washington State: The Pacific Crest Trail, Mt. Rainier, Okanogan-Wenatchee, And Lake Chelan, Riley J. Nolan
CAFE Symposium 2023
Within the United States there are many different agencies that have been tasked with the management of America's Public Lands. Due to America's unique inception, there are many different ideas and concepts that affect how we view these same land units today. This poster delves into four specific land units in Washington State (The Pacific Crest National Trail, the Lake Chelan National Recreation Area, The Okanogan-Wenatchee National Forest, and Mount Rainier National Park) to discuss each area's history and management issues, as well as discuss the effects of society's preconceived notions on each destination. Finally, the poster also discusses what …
By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz
By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz
If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Faculty Journal Articles
This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …
On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz
On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
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.
Stanley Surrey's Lasting Influence, Assaf Harpaz, C. Eugene Steue
Stanley Surrey's Lasting Influence, Assaf Harpaz, C. Eugene Steue
Scholarly Works
Stanley Surrey is perhaps best known for his promotion of the concept of tax
expenditures—the characterization of various tax preferences as substitutes for
direct expenditures. That emphasis understates his lasting influence on the tax
policy process. An equally important and lasting achievement was establishing
and promoting the integrity and professionalism of the Treasury’s Office of Tax
Policy (OTP), while garnering the support of much of the wider tax policy
community for basing tax policy on the principles of fairness, simplicity, and
efficiency.
In this article, we focus mainly on historical developments in the concept and
use of tax expenditures both …
American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman
American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman
Scholarly Works
Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.