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Articles 1 - 30 of 491
Full-Text Articles in Law
Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman
Glenn Beck Bad News For Religious Conservatism, Nathan B. Oman
Popular Media
No abstract provided.
December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz
December 30, 2010: What Does “One Nation Under God” In The Pledge Of Allegiance Mean?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Does “one Nation under God” in the Pledge of Allegiance Mean?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 28, 2010: Natural Goodness, Bruce Ledewitz
December 28, 2010: Natural Goodness, Bruce Ledewitz
Hallowed Secularism
Blog post, “Natural Goodness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 24, 2010: Merry Christmas Season, Bruce Ledewitz
December 24, 2010: Merry Christmas Season, Bruce Ledewitz
Hallowed Secularism
Blog post, “Merry Christmas Season“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz
December 23, 2010: The Repeal Of Don’T Ask Don’T Tell, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Repeal of Don’t Ask Don’t Tell“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 19, 2010: Why Does The Government Celebrate Christmas?, Bruce Ledewitz
December 19, 2010: Why Does The Government Celebrate Christmas?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Why Does the Government Celebrate Christmas?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz
December 14, 2010: A Fundamental Rights Decision Masquerading As A Commerce Decision, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Fundamental Rights Decision Masquerading as a Commerce Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz
December 11, 2010: Hallowed Secularism And The Tea Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “Hallowed Secularism and the Tea Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty
Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty
Nevada Supreme Court Summaries
No abstract provided.
Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen
Michigan V. Bryant: Defining The “Testimonial Statement”, Hsien-Ying Shine Chen
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann
Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann
Parameters of Law in Student Affairs and Higher Education (CNS 670)
In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i.e. …
December 8, 2010: Uphold Proposition 8, Bruce Ledewitz
December 8, 2010: Uphold Proposition 8, Bruce Ledewitz
Hallowed Secularism
Blog post, “Uphold Proposition 8“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz
December 5, 2010: Seeking Common Ground: A Secular Statement, Bruce Ledewitz
Hallowed Secularism
Blog post, “Seeking Common Ground: A Secular Statement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Impeachment And Assassination, Josh Chafetz
Impeachment And Assassination, Josh Chafetz
Cornell Law Faculty Publications
In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either impeached or assassinated. Coulter was roundly - and rightly - condemned for suggesting that the murder of the President might be justified, but her conceptual linking of presidential impeachment and assassination was not entirely unfounded. Indeed, Benjamin Franklin had made the same linkage over two hundred years earlier, when he noted at the Constitutional Convention that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal - impeachment - would be preferable. …
Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf
Majoritarian Difficulty And Theories Of Constitutional Decision Making, Michael C. Dorf
Cornell Law Faculty Publications
Recent scholarship in political science and law challenges the view that judicial review in the United States poses what Alexander Bickel famously called the "counter-majoritarian difficulty." Although courts do regularly invalidate state and federal action on constitutional grounds, they rarely depart substantially from the median of public opinion. When they do so depart, if public opinion does not eventually come in line with the judicial view, constitutional amendment, changes in judicial personnel, and/or changes in judicial doctrine typically bring judicial understandings closer to public opinion. But if the modesty of courts dissolves Bickel's worry, it raises a distinct one: Are …
Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow
Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow
Faculty Publications
Issues of fair use in copyright cases are usually decided at summary judgment. But it was not always so. For well over a century, juries routinely decided these issues. The law recognized that fair use issues were highly subjective and thereby inherently factual — unfit for summary disposition by a judge. Today, however, all this has been forgotten. Judges are characterizing factual issues as purely legal so that fair use may be decided at summary judgment. Even while judges acknowledge that reasonable minds may disagree on these issues, they characterize the issues as legal, preventing them from ever reaching a …
Presidential Succession: The Art Of The Possible, James E. Fleming
Presidential Succession: The Art Of The Possible, James E. Fleming
Faculty Scholarship
I am deeply honored that John D. Feerick invited me to come back to Fordham University School of Law and appear in this splendid conference. Yet I hasten to say that, when it comes to presidential succession, John Feerick and Joel K. Goldstein are tough acts to follow. Indeed, in an otherwise wonderfully organized conference, the line of succession here is flawed. I suppose I should declare myself unqualified to follow these experts on presidential succession! I shall bring the perspective of the constitutional theory generalist to bear on the questions framed for our panel.
November 30,2010: There Is No G-O-D In America, Bruce Ledewitz
November 30,2010: There Is No G-O-D In America, Bruce Ledewitz
Hallowed Secularism
Blog post, “There is no G-o-d in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin
The Constitutional Right To Informational Privacy: Nasa V. Nelson, Russell T. Gorkin
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
November 25, 2010: Happy Thanksgiving, Bruce Ledewitz
November 25, 2010: Happy Thanksgiving, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Thanksgiving“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 23, 2010: Religion, Art, Science And Philosophy Are Invitations, Bruce Ledewitz
November 23, 2010: Religion, Art, Science And Philosophy Are Invitations, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Religion, Art, Science and Philosophy Are Invitations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong
Rethinking The Order Of Battle In Constitutional Torts: A Reply To John Jeffries, Nancy Leong
NULR Online
The Supreme Court’s decision in Pearson v. Callahan ended an eight-year experiment in the adjudication of qualified immunity claims. That experiment began with Saucier v. Katz, in which the Court held that lower courts mustdecide whether a government officer violated a plaintiff’s constitutional rights before addressing the question of whether the government officer was entitled to immunity. The Court’s rationale for requiring lower courts to first address the merits was the need to clarify constitutional law for the benefit of both government actors (who could then better conform their behavior to constitutional standards) and future plaintiffs (who could then …
November 20, 2010: The Task Of Secularism, Bruce Ledewitz
November 20, 2010: The Task Of Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Task of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 18, 2010: “Getting Honest”, Bruce Ledewitz
November 18, 2010: “Getting Honest”, Bruce Ledewitz
Hallowed Secularism
Blog post, ““Getting Honest” “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 16, 2010: How Is Reality God-Like?, Bruce Ledewitz
November 16, 2010: How Is Reality God-Like?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How is Reality God-Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 14, 2010: Global Warming, Bruce Ledewitz
November 14, 2010: Global Warming, Bruce Ledewitz
Hallowed Secularism
Blog post, “Global Warming“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 11, 2010: So, What About God?, Bruce Ledewitz
November 11, 2010: So, What About God?, Bruce Ledewitz
Hallowed Secularism
Blog post, “So, What About God?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 7, 2010: How To Fix The Establishment Clause, Bruce Ledewitz
November 7, 2010: How To Fix The Establishment Clause, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Fix the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 5, 2010: “Let The Free Market Reign”, Bruce Ledewitz
November 5, 2010: “Let The Free Market Reign”, Bruce Ledewitz
Hallowed Secularism
Blog post, ““Let the Free Market Reign”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 3, 2010: Pat Tommey A Citizens United Victory, Bruce Ledewitz
November 3, 2010: Pat Tommey A Citizens United Victory, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pat Tommey a Citizens United Victory“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.