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Articles 1 - 16 of 16
Full-Text Articles in Law
The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz
The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
“Taking The Threat To American Democracy Seriously: The Truth/Justice/Democracy Initiative,”, Bruce Ledewitz
“Taking The Threat To American Democracy Seriously: The Truth/Justice/Democracy Initiative,”, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Republic In Long-Term Perspective, Richard Primus
The Republic In Long-Term Perspective, Richard Primus
Michigan Law Review Online
Every system of government eventually passes away. That's a feature of the human condition. The United States has been an unusually stable polity by the standards of world civilizations, and for that stability Americans should be deeply grateful. But no nation is exempt from the basic forces of history. It is not reasonable to think that the constitutional republic we know will last forever. The question is when it will meet its end-in our lifetimes, or in our grandchildren's, or centuries later. Given the stable conditions that living Americans were socialized to expect, the dominant intuition is probably something like …
What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman
What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Donald Trump has brought new attention to the mendacity of politicians. Both major national newspapers have reported tallies of Trump's false and misleading claims. On November 14, 2017, The Washington Post reported that in the 298 days that President Trump has been president, he had made 1,628 false or misleading claims, telling them at a rate of nine per day in the thirty-five days prior to November 14. Trump, the Post reported, has made fifty false or misleading claims “that he as repeated three or more times.” The Post also catalogued scores of “flip-flops” from Trump. In general, from 2016 …
Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz
Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Why Won't Free Speech Save Us?, Bruce Ledewitz
Why Won't Free Speech Save Us?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Legal Ethics And The Political Activity Of Government Lawyers, Andrew Martin
Legal Ethics And The Political Activity Of Government Lawyers, Andrew Martin
Articles, Book Chapters, & Popular Press
The ability to engage in political activity is an essential feature of a democratic society. However, the ability of government lawyers to do so is unclear. While most governments have passed legislation identifying permissible political activity of their employees, it is unclear how the professional obligations of lawyers apply in this context and how these professional obligations interact with this legislation. This article answers these questions. The duty of loyalty to the client requires most government lawyers to refrain from all political activity at the same level of government. The special professional obligations of Crown prosecutors require these lawyers to …
Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan
Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan
Life of the Law School (1993- )
No abstract provided.
The People Against The Constitution, Aziz Z. Huq
The People Against The Constitution, Aziz Z. Huq
Michigan Law Review
A review of Jan-Werner Müller, What Is Populism?.
A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz
A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz
The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Facts, Values, Justification, Democracy, Don Herzog
Facts, Values, Justification, Democracy, Don Herzog
Reviews
Equality, you might think, is the more or less universally shared value of the modern world, or the West, or anyway these United States. “We strive to ensure that the values upon which our country was built, including our belief that all people are created equal, are reflected in everything our nation does.” That’s from the 2016 Democratic Party platform. And look! “We continue to encourage equality for all citizens and access to the American Dream.” That’s from the 2016 GOP Platform. Of course, the parties disagree deeply on the demands of equality. If they share an abstract concept, as …
When I Left The Darwin Day Committee, Bruce Ledewitz
When I Left The Darwin Day Committee, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz
The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The United States As An Idea: Constitutional Reflections, H. Jefferson Powell
The United States As An Idea: Constitutional Reflections, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Beyond The Bosses' Constitution: The First Amendment And Class Entrenchment, Jedediah S. Purdy
Beyond The Bosses' Constitution: The First Amendment And Class Entrenchment, Jedediah S. Purdy
Faculty Scholarship
The Supreme Court’s “weaponized” First Amendment has been its strongest antiregulatory tool in recent decades, slashing campaign-finance regulation, public-sector union financing, and pharmaceutical regulation, and threatening a broader remit. Along with others, I have previously criticized these developments as a “new Lochnerism.” In this Essay, part of a Columbia Law Review Symposium, I press beyond these criticisms to diagnose the ideological outlook of these opinions and to propose an alternative. The leading decisions of the antiregulatory First Amendment often associate free speech with a vision of market efficiency; but, I argue, closer to their heart is antistatist fear of entrenchment …