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Full-Text Articles in Law
October 1, 2017: Debate On Originalism, Bruce Ledewitz
October 1, 2017: Debate On Originalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Debate on Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Restroom Use, Civil Rights, And Free Speech "Opportunism", Timothy Zick
Restroom Use, Civil Rights, And Free Speech "Opportunism", Timothy Zick
Faculty Publications
Commentators have expressed concerns that litigants are invoking the First Amendment's Free Speech Clause strategically, in order to compensate for the weakness or futility of other constitutional claims. The phenomenon has been given a label- "opportunism "-and scholars have examined some of its causes and consequences. This Article takes a closer and somewhat skeptical look at the concept offree speech "opportunism." It imagines that the Free Speech Clause will be invoked in challenges to laws or policies that restrict public restroom use based on a person's gender. Would such challenges be "opportunistic, " as the term has been defined? What …
July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz
July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Trinity Lutheran Church Case Shows There is no Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 24, 2017: What Is At Stake In The Hypocrisy Of Originalism?, Bruce Ledewitz
April 24, 2017: What Is At Stake In The Hypocrisy Of Originalism?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is at Stake in the Hypocrisy of Originalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz
April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Judicial-Industrial Complex“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz
April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz
Hallowed Secularism
Blog post, “Friday Op-ed in the Pittsburgh Post-Gazette Concerning Judge Gorsuch and Interpretation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 12, 2017: The Ninth Circuit Decision, Bruce Ledewitz
February 12, 2017: The Ninth Circuit Decision, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Ninth Circuit Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 4, 2017: Is Secularism A Nonnegotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
January 4, 2017: Is Secularism A Nonnegotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Secularism A Nonnegotiable Aspect of Liberal Constitutionalism?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Enduring Originalism, Kevin C. Walsh
Enduring Originalism, Kevin C. Walsh
Law Faculty Publications
If our law requires originalism in constitutional interpretation, then that would be a good reason to be an originalist. This insight animates what many have begun to call the "positive turn" in originalism. Defenses of originalism in this vein are "positive" in that they are based on the status of the Constitution, and constitutional law, as positive law. This approach shifts focus away from abstract conceptual or normative arguments about interpretation and focuses instead on how we actually understand and apply the Constitution as law. On these grounds, originalism rests on a factual claim about the content of our law: …
Exemplary And Exceptional Confusion Under The Federal Rules Of Evidence, Dora W. Klein
Exemplary And Exceptional Confusion Under The Federal Rules Of Evidence, Dora W. Klein
Faculty Articles
This Article proposes that the final provisions of Rule 407 and 411, which provide a list of examples of permitted purposes for which a court may admit evidence, are asking for trouble--specifically, the trouble that courts will interpret the list not as examples, but as a specially enumerated, exhaustive list of exceptions.