Law Commons^™

December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz

Hallowed Secularism

Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz

Hallowed Secularism

Blog post, “Outrageous Breach of Wall of Separation as Rabbis Urge Lieberman to Support Health Care Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Account Me In: Agencies In Quest Of Accountability, Dorit R. Reiss

Dorit R. Reiss

This articles adds to the literature about accountability by examining the little-studied phenomenon of agencies making efforts—sometimes substantial efforts - to be accountable. It briefly describes how three agencies—the EPA, the FDA and especially the IRS—worked to increase their accountability. It demonstrates that agencies are often not the enemy in the “accountability game”. In today’s world agencies, contrary to the stereotype, often buy into the language and practice of accountability. It addresses three arguments for this behavior: a rational choice argument based on comparison of the costs of non-accountability with the benefits of accountability; a power of ideas argument showing …

Torture, Impunity, And The Need For Independent Prosecutorial Oversight, Fran Quigley

Fran Quigley

When executive branch misconduct is alleged, an inherent conflict of interest is presented by investing prosecutorial discretion in a U.S. Attorney General appointed by, and serving at the pleasure of, the President.

Various commentators, including Justice Antonin Scalia, Professor Stephen Carter, and the many critics of the former independent counsel statute, have posited that this conflict will be overcome by checks on executive power provided by the legislative branch, the judiciary, and political pressure.

That sanguine view of adequate executive branch oversight was put to the test when acts of torture were authorized by high-level members of the George W. …

December 13, 2009: Time To Buy An American Car, Bruce Ledewitz

Hallowed Secularism

Blog post, “Time to Buy an American Car“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Are Religious Politics “Undemocratic”?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

India And Asean : An Enduring Partnership, Brajesh Rajak

Brajesh rajak

This paper analyses the enduring partnership between India and ASEAN and the reasons for the proximity between the two. It details why India has adopted a “Look-East” policy, what the policy is, its necessity and whether it is a success or failure. The article also scrutinises the steps taken by the Indian government to improve relations with ASEAN countries, the obstructions in the way and finally looks at the ASEAN–India free trade agreement.

November 29, 2009: The Iranian Bomb, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Iranian Bomb“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Yale Press Decision Not to Publish the Cartoons of Muhammad“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Religious Extremists in the Military“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Role of Religion in Building Coalitions Over Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hopeful Signs in the Vote in Maine“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The True Cost Of Economic Rights Jurisprudence, Max Mccann

Max McCann

This Article discusses the distinction between economic and individual rights in contemporary political and legal discourse. As discussed herein, the phrase economic rights typically invokes notions of the ability to spend, save, and transfer wealth freely, as well as other related issues, such as the deregulation of industry and tax reform. In contrast, individual rights conjures ideas of being free in one’s person, including reproductive rights, free speech, and freedom of assembly.

With both historic and recent examples, this Article argues that the distinction between economic and individual rights is problematic at best. Rights spring forth from human interests, and …

November 3, 2009: More Calls For Believers To Translate Their Beliefs, Bruce Ledewitz

Hallowed Secularism

Blog post, “More Calls for Believers to Translate Their Beliefs“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Toward A Better Competition Policy For The Media, Maurice E. Stucke, Allen P. Grunes

College of Law Faculty Scholarship

It is difficult to formulate meaningful competition policy when there is a fierce debate over the current competitiveness of the media industry. After addressing the importance of the marketplace of ideas in our democracy, our article examines the current state of the media industry, including the response of traditional media to audience declines, the growth of new media, the impact of media consolidation (including its impact on minority and women ownership), and the role of the Internet. In response to recent calls for liberalizing cross-ownership rules to protect traditional media, our article outlines why conventional antitrust policy is difficult to …

October 18, 2009: Where Does Relativism Come From?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Where Does Relativism Come From?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 16, 2009: Higher Law In The Public Square Meets The High School Cheerleader, Bruce Ledewitz

Hallowed Secularism

Blog post, “Higher Law in the Public Square Meets the High School Cheerleader“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 12, 2009: Steve Waldman Doesn't Get The Cross, Bruce Ledewitz

Hallowed Secularism

Blog post, “Steve Waldman Doesn't Get the Cross“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 10, 2009: President Obama's Nobel Peace Prize, Bruce Ledewitz

Hallowed Secularism

Blog post, “President Obama's Nobel Peace Prize“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Protecting The Playground: Options For Confronting The Iranian Regime, Christopher C. Donaldson, Dr. Bryan P. Schwartz

Christopher C Donaldson

The Iranian regime is threatening Israel and the West. Governments are growing increasingly frustrated with this regime. There are six options to approach this regime – diplomatically, economically and militarily, each in a positive and negative way. This article reviews these six options with regard to the Iranian regime and recommends a course of action that is likely to bring an end to the confrontation.

October 4, 2009: I Left Judaism Because I Am Ross Douthat And Not Karen Armstrong, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Left Judaism Because I am Ross Douthat and not Karen Armstrong“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

More than fifty years ago, Congress enacted a prohibition against political campaign intervention for all charities, including churches and other houses of worship, as a condition for receiving tax deductible contributions. Yet the IRS has never taken a house of worship to court for alleged violation of the prohibition through political comments from the pulpit, presumably at least in part because of concerns about the constitutionality of doing so. This decision is surprising, because a careful review of Free Exercise Clause case law – both before and after the landmark Employment Division v. Smith decision – reveals that the prohibition …

“I’M A Politician, But I Don’T Play One On Tv”: Applying The “Equal Time” Rule (Equally) To Actors-Turned- Candidates, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

Wayne Barnes

Standard form contract are ubiquitous, whether signed in the real world or clicked in the online world. Consumers are constantly entering into standard form contracts with the merchants they transact with in order to buy goods or services. Consumers, however, are usually aware of only the basic terms in the form like price, subject matter, and quantity. Consumers otherwise rarely read the form contracts that they sign. However, traditional contract law and the duty to read provide that the consumer is bound to all the terms contained in the form contract, both the known terms and the unread and unknown …

No Reparations Without Taxation, Carlton Waterhouse, Andre Smith

Carlton Waterhouse

ABSTRACT In the article, Professors Andre Smith and Carlton Waterhouse explore the interesting and rich relationship between reparations and the tax law scholarship. Employing a rich dialogical style, the authors move fluidly between the theoretical and practical aspects of both reparations and tax law in a way that brings both areas of research together. Beyond the slavery reparations tax scams of the earlier part of the decade, the authors reveal an intriguing and important relationship between reparations and the United States tax code previously unexplored. The authors accomplish this in two distinct ways. They begin with an examination of reparations …

September 21, 2009: Acorn’S Crime Is Organizing Poor People, Bruce Ledewitz

Hallowed Secularism

Blog post, “ACORN’s Crime is Organizing Poor People“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Rules And Tools Of Nonprofit Lobbying, Sharon Wilson

Sharon Wilson

Abstract: This article focuses primarily on the federal tax law restrictions on lobbying and political campaign activities of 501( c)(3) organizations. A brief history of the restrictions on lobbying is followed by an instructional guide for nonprofit organizations and attorneys seeking to advise nonprofits about permissible conduct in this arena. Opportunities for greater political involvement through use of sec 501(h), sec 501©(4) and other strategies that have been deemed permissible by the Internal Revenue Service are explored. An examination of the IRS’s questionable annual examination process for nonprofits is explored.

Connecticut Yankee Speech In Europe’S Court: Alternative Vision Of Constitutional Defamation Law To New York Times V. Sullivan?, Allen E. Shoenberger

Allen E Shoenberger

The article compares and contrasts the defamation law of the European Court of Human Rights(ECHR) with that of the United States, with particular reference to NY Times v. Sullivan. The NY Times actual malice standard not only over-protects speakers, it denies a name clearing hearing to the target of defamatory speech. This is of increasing importance as new media, such as the internet, make it so easy to communicate false, defamatory statements about anyone, including in particular elected officials and candidates. President Obama was first elected to the U.S. Senate because of a sex scandal that tainted his only serious …

September 17, 2009: God Is Just Another Word, Bruce Ledewitz

Hallowed Secularism

Blog post, “God is Just Another Word“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

“God” Is Just Another Word, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals