Law Commons^™

December 31, 2011: The Conflict Between The Catholic Church And Government Regulations, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Conflict Between the Catholic Church and Government Regulations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Step Down, Justice Melvin, Bruce Ledewitz

Ledewitz Papers

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

Justice’S Suspension Is Dubious, Bruce Ledewitz

Ledewitz Papers

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

Federalizing Medicaid, Nicole Huberfeld

Law Faculty Scholarly Articles

This Article is one of only a small number of proposals over the past forty-six years for federalizing Medicaid. None of these proposals has grappled directly with the reasons that Medicaid does not satisfy federalism goals, and thus a key reason for modernizing Medicaid’s structure has been ignored. Despite being an area of “traditional state concern,” healthcare should no longer be left to the economic and political whims of the states, as Medicaid is not an effective Brandeisian “laboratory of the states.” Admittedly, some would oppose centralization on the ideological grounds that more federal government power is bad, and more …

Local Government Law, Andrew R. Mcroberts

University of Richmond Law Review

No abstract provided.

A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Issue 1: Annual Survey 2011 Table Of Contents

University of Richmond Law Review

No abstract provided.

October 1, 2011: The Problem Of Nonpreferentialism, Bruce Ledewitz

Hallowed Secularism

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

September 10, 2011: Remember The Ten Year Anniversary Of 9/11 By Eliminating Firefighter Unions, Bruce Ledewitz

Hallowed Secularism

Blog post, “Remember the Ten Year Anniversary of 9/11 By Eliminating Firefighter Unions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams

West Virginia Law Review

No abstract provided.

Adverse Possession, Takings, And The State: The Confounding Problem Of Government Adverse Possesssion, William Marra

William Marra

Adverse possession is one of the most fascinating areas of property law. Much has been written on the topic, but one of the most compelling questions regarding adverse possession has, remarkably, never been fully addressed in the literature: Should government be allowed to adversely possess land in the same manner as private individuals? And, relatedly, when the government adversely possesses land, does this constitute a constitutional ‘taking’ that requires the government to pay just compensation?

My article, Adverse Possession, Takings, and the State: The Confounding Problem of Adverse Possession, tackles these two important but ignored questions. Almost every jurisdiction permits …

July 20, 2011: This Proposed Constitutional Amendment Shows Contempt For Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “This Proposed Constitutional Amendment Shows Contempt for Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

A Centrist Solution To Central American Violence And Inequality, Devin Joshi

Human Rights & Human Welfare

The northern triangle of Central America (El Salvador, Guatemala, and Honduras) has experienced horrific violence, poverty, and a vicious cycle of human rights violations for decades. Repeated natural disasters and the re-routing of the drug trade through Central America are not helping the situation. On the other hand, nearby Costa Rica has achieved a much higher standard of human rights, public safety, and political stability. Why? Costa Rica has put in place four pillars of development and stability lacking in most other countries in the region: a stronger state, an educated population, inter-racial cooperation, and a more inclusive democracy. For …

The Impact Of Public Approval Of Congress On Midterm Congressional Election Outcomes, Jordan L. Goldman

Honors Theses

Over the past half-century, the United States Congress has become less revered by the American people. The Constitution names Congress as the first branch of government. The framers instituted Congress in Article One of the Constitution to symbolize the importance of the rule of law of the people. Its members were to be chosen members of the public, rather than royalty or nobility, to give the branch a sense of democratic legitimacy. However, during the past fifty years, public opinion of the first branch of government has waned. The reasons for this diminished respect are complex and numerous. In general …

It’S Time To Reconsider Graduation Prayer In Public High Schools, Bruce Ledewitz

Ledewitz Papers

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

Vulture Funds, Sovereign Debts And The Concept Of Debt Relief, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

An Institute for Social Change Research and Learning Series webinar looking at one of the pressing issues impacting international debt relief. Ufuoma Barbara Akpotaire, A SISGI Group Spring 2011 Program and Research Intern, provides an analysis of a problem facing many countries and proposes strategies that can be used to improve international debt relief.

Debt relief is seen as a strong economic development strategy for many countries facing issues of poverty and lack of resources. Unfortunately, a legal system that allows debt to be sold to "vulture firms" is preventing debt relief and even international aid efforts from being realized. …

April 2, 2011: The Great Separation, Bruce Ledewitz

Hallowed Secularism

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

Peter Aucoin, Mark D.Jarvis &Lori Turnbull, Democratizing The Constitution: Reforming Responsible Government, Gregory Tardi

Dalhousie Law Journal

In the aftermath of the Prorogation of Parliament on December 4, 2008, upon the advice of Prime Minister Stephen Harper to then Governor General Michaelle Jean, a particular theme in Canadian literature about governance has flourished. This theme is the influence ofconstitutionalism, democracy and legitimacy on government and politics. In the view of many scholars there is a serious imbalance between the executive branch on one hand and the legislative branch on the other. The sense ofimbalance has generated proposals for changes to the practice of Westminster-style parliamentary democracy in the service of democratic legitimacy.

Islam, Judaism And The Murders At Itamar, Bruce Ledewitz

Ledewitz Papers

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

What About The Morality Of Torture, Results Aside?, Bruce Ledewitz

Ledewitz Papers

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

Multiplicity In Federalism And The Separation Of Powers, Josh Chafetz

Cornell Law Faculty Publications

By highlighting multiplicity in the federalism context, Alison LaCroix’s new book does constitutional scholarship a great service. Her tracing of the federal idea in the 1760s and 1770s, as well as her tracing of jurisdictional ideas in the early Republic, is thorough and insightful. But it is unclear why her focus suddenly narrows from the federal idea—the idea that multiplicity in levels of government was a virtue rather than a vice—to federal jurisdiction. Certainly, as this Review has endeavored to show, her claim that federalism discourse after 1787 reduced entirely (or even primarily) to jurisdictional debates cannot stand.

And this …

February 26, 2011: The Power Of The President Not To Defend The Law, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Power of the President Not to Defend the Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz

Ledewitz Papers

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

January Roundtable: The Haiti Earthquake, One Year Later, Introduction

Human Rights & Human Welfare

An annotation of:

“Haiti's Blame Game” by Poooja Bhatia. Foreign Policy. November 23 2010.

The Politics Of Reorganizing Connecticut State Government: Altering Administrative Structures In The Land Of Steady Habits, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

Despite numerous attempts to reorganize state government aimed at streamlining, reducing, and creating greater efficiencies, the size and scope of Connecticut’s administrative apparatus has grown considerably over a fifty year period. This study will trace the political history of previous reorganization efforts with a particular emphasis on more recent attempts such as the Gengras (1970), Filer (1976), Thomas (1991), and Hull and Harper Commissions (1992). Observed trends follow national patterns: 1) reorganization commissions are cyclical in nature more likely to be undertaken in the wake of similar efforts at the federal level and 2) they are more likely to be …

Nyc Budget Cuts: A Counter-Productive Method To Effective Government-Nonprofit Contracting Relationships?, Anna-Kay Sinclair

Wilson Center for Social Entrepreneurship

This study examines the relationship between New York City budget cuts and the expenditure of human service nonprofits specifically involved in the government contracting relationship. With a focus on the Department for the Aging (DFTA), I examine nonprofits that provide a variety of services to the aging population on behalf of the DFTA. Correlations and regressions are presented examining the relationship between DFTA budget and nonprofit spending. The results of my analysis do not indicate a positive relationship between these two variables.

The 2011 American State Litter Scorecard:New Rankings For An Increasingly Environmentally Concerned Population, Stephen [Steve] L. Spacek

Stephen [Steve] L Spacek

By popular demand--a NEW, up-to-date State Litter "Scorecard" is now released for the 2011 ASPA Baltimore event--measuring each state’s overall environmental quality through public property/spaces debris removal efforts. The “CARD” uses tried-and-true, hard-to-publicly obtain objective and subjective measures, leading to a total overall score for each measured jurisdiction. Readers can thus gain a realistic "picture" of "what's going on" within one or all of the 50 states. Littering/dumping remains harmful, serious American environmental crimes, creating dangers to public health and safety, and contributing to the deaths of over 800 Americans in debris-attributed motor vehicle accidents. The first, original 2008 Scorecard …

In A 2002 Supreme Court Decision, Which Shifted Landowner And Government Expectations Regarding Temporary Regulatory Takings, The Court Held That Temporary Construction Moratoria During The Preparation Of A Comprehensive Land-Use Plan Do Not Constitute Takings Requiring Compensation. Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), Heather Cobun

University of Baltimore Journal of Land and Development

No abstract provided.