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Articles 1 - 30 of 48
Full-Text Articles in Law
December 29, 2019: Secular Responses To Anti-Semitic Violence, Bruce Ledewitz
December 29, 2019: Secular Responses To Anti-Semitic Violence, Bruce Ledewitz
Hallowed Secularism
Blog post, “Secular Responses to anti-Semitic Violence“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Think We’Re Powerless Against Hate Speech? The Constitution Provides Plenty Of Room To Address It, Bruce Ledewitz
Think We’Re Powerless Against Hate Speech? The Constitution Provides Plenty Of Room To Address It, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
December 4, 2019: A Good Day For The Rule Of Law, Bruce Ledewitz
December 4, 2019: A Good Day For The Rule Of Law, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Good Day for the Rule of Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Calif. Supreme Court Right To Strike Down Law Requiring Trump To Release Tax Returns To Get On The Ballot, Bruce Ledewitz
Calif. Supreme Court Right To Strike Down Law Requiring Trump To Release Tax Returns To Get On The Ballot, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Special Norms Thesis: Why Congress's Constitutional Decision-Making Should Be Disciplined By More Than The Usual Norms Of Politics, Mark Rosen
All Faculty Scholarship
No abstract provided.
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Public Land & Resources Law Review
The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.
November 14, 2019: What’S Wrong With Impeachment, Bruce Ledewitz
November 14, 2019: What’S Wrong With Impeachment, Bruce Ledewitz
Hallowed Secularism
Blog post, “What’s Wrong With Impeachment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 27, 2019: The Shooter And The Death Penalty, Bruce Ledewitz
October 27, 2019: The Shooter And The Death Penalty, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Shooter and the Death Penalty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Space, Place, And Speech: The Expressive Topography, Timothy Zick
Timothy Zick
No abstract provided.
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Coercion And Choice Under The Establishment Clause, Cynthia V. Ward
Cynthia V. Ward
In recent Establishment Clause cases the Supreme Court has found nondenominational, state-sponsored prayers unconstitutionally "coercive" -although attendance at the events featuring the prayer was not required by the state; religious dissenters were free to choose not to say the challenged prayers; and dissenters who so chose, or who chose not to attend the events, suffered no state-enforced sanction. Part I of this Article lays out the historical background that gave rise to the coercion test, traces the development of that test in the Court's case law, and isolates the core elements in the vision of coercion that animates the test. …
When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud
When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud
Ronald H. Rosenberg
No abstract provided.
Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz
Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Scotus Gerrymandering Case: Roberts Didn’T Defend Constitutional Democracy, Bruce Ledewitz
Scotus Gerrymandering Case: Roberts Didn’T Defend Constitutional Democracy, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
June 23, 2019: All The Justices Get Religion Wrong Again, Bruce Ledewitz
June 23, 2019: All The Justices Get Religion Wrong Again, Bruce Ledewitz
Hallowed Secularism
Blog post, “All the Justices Get Religion Wrong Again“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 22, 2019: What The Supreme Court Should Have Said, But Didn't, In The Maryland Cross Case, Bruce Ledewitz
June 22, 2019: What The Supreme Court Should Have Said, But Didn't, In The Maryland Cross Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “What the Supreme Court Should Have Said, But Didn't, in the Maryland Cross Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Christians And Pagans, Abner S. Greene
Christians And Pagans, Abner S. Greene
Journal of Catholic Legal Studies
(Excerpt)
In this response paper, I will offer four thoughts. First, I’m not sure the contemporary picture is best described as pagans vs. Christians. Second, I question the subtle move throughout the book from a generative/creative understanding of God to seeing God as normative, as supervening in human affairs regarding right and wrong conduct. Third, I push back on the notion that theistic belief (or, perhaps, the very existence of God) is necessary to ground meaning and value. Fourth, I discuss some modern-day U.S. constitutional issues that Smith discusses as examples of pagans persecuting Christians: (a) state-sponsored religious symbols, (b) …
June 5, 2019: Babbling Barr, Bruce Ledewitz
June 5, 2019: Babbling Barr, Bruce Ledewitz
Hallowed Secularism
Blog post, “Babbling Barr“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 1, 2019: King Trump, Bruce Ledewitz
June 1, 2019: King Trump, Bruce Ledewitz
Hallowed Secularism
Blog post, “King Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Public Financing Of Elections In The States, Nicholas Meixsell
Public Financing Of Elections In The States, Nicholas Meixsell
Honors Theses
In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …
May 15, 2019: What Impeachment And Court-Packing Have In Common, Bruce Ledewitz
May 15, 2019: What Impeachment And Court-Packing Have In Common, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Impeachment and Court-packing Have in Common“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom
States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom
Barry Law Review
No abstract provided.
Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson
Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson
Barry Law Review
No abstract provided.
Just Care: A Relational Approach To Autonomy And Decision Making Of Parents Committed To Religious Or Indigenous Traditional Practices, Tu-Quynh Trinh
Just Care: A Relational Approach To Autonomy And Decision Making Of Parents Committed To Religious Or Indigenous Traditional Practices, Tu-Quynh Trinh
LLM Theses
Hamilton Health Sciences Corp. v. D.H. and B. (R.) v. Children’s Aid Society of Metropolitan Toronto tell important stories about people and relationships—and about parenthood; autonomy; religious believers and cultural communities; and the role of the state in family, culture, and religion. Their narratives were influenced by liberalism and emphasize a degree of individualism that is incongruous given the subject matter of parent child relationships and their place within communities and the law. This thesis explores the application of relational theory and the integrated principles of justice and care to these issues. Ultimately, the stories these judicial opinions tell help …
Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt
Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt
LLM Theses
The Canadian Charter of Rights and Freedoms guarantees every person in Canada freedom of conscience and religion. I contend that the concept of religious freedom was born out of a history of religious suffering and originally took the form of John Locke’s toleration of religious differences. In Big M, the first Supreme Court of Canada case that interpreted s. 2(a), Chief Justice Dickson recognized the historical context of religious freedom but also tied it to human autonomy, equality, and dignity. An examination of the cases since Big M suggests that when courts think in terms of tolerance, they accord greater …
A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath
A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath
Barry Law Review
No abstract provided.
April 14, 2019: Two Cases Of Independence--The Court And The Fed--And What They Tell Us About American Nihilism, Bruce Ledewitz
April 14, 2019: Two Cases Of Independence--The Court And The Fed--And What They Tell Us About American Nihilism, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Two Cases of Independence--the Court and the Fed--and What They Tell Us About American Nihilism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz
The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
March 17, 2019: The Response To My Anti-Court-Packing Message, Bruce Ledewitz
March 17, 2019: The Response To My Anti-Court-Packing Message, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Response to My anti-Court-Packing Message“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
2019 Symposium
As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …