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Articles 1 - 30 of 31
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.
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.
The Real Legal Realism, Michael S. Green
Felix Cohen On Legislation, Michael S. Green
Felix Cohen On Legislation, Michael S. Green
Michael S. Green
Felix Cohen's and Walter Wheeler Cook's prediction theory of law was a fundamentally positivist theory, according to which the law of a jurisdiction is reducible to regularities of official behavior. Cohen used the prediction theory to argue for philosophical anarchism - that is, the view that the existence of law does not entail a duty, even a prima facie duty, of obedience. In particular, Cohen extended philosophical anarchism to adjudication. The fact that officials in a jurisdiction regularly behave in a certain way does not give a judge adjudicating a case a moral reason to do the same. In deciding …
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.
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.
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.
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.
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 …
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.
February 23, 2019: Opening Of The Memphis Talk On Court-Packing, Bruce Ledewitz
February 23, 2019: Opening Of The Memphis Talk On Court-Packing, Bruce Ledewitz
Hallowed Secularism
Blog post, “Opening of the Memphis talk on Court-Packing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 21, 2019: My Op-Ed On The Bladesnburg Cross, Bruce Ledewitz
March 21, 2019: My Op-Ed On The Bladesnburg Cross, Bruce Ledewitz
Hallowed Secularism
Blog post, “ My op-ed on the Bladesnburg Cross“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 16, 2019: John Yoo, War Criminal, Bruce Ledewitz
February 16, 2019: John Yoo, War Criminal, Bruce Ledewitz
Hallowed Secularism
Blog post, “John Yoo, War Criminal“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 10, 2019: This Political Moment, Bruce Ledewitz
February 10, 2019: This Political Moment, Bruce Ledewitz
Hallowed Secularism
Blog post, “This Political Moment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 29, 2019: How To Save American Democracy, Bruce Ledewitz
January 29, 2019: How To Save American Democracy, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Save American Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz
What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz
What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke
The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke
Calvert Undergraduate Research Awards
Advanced Research Winner 2019:
While the concept of substantive due process has guided judicial decision making even prior to the Civil War, it has become a lightning rod among the juristic community especially since the 1960s. This controversy includes issues ranging from the applicability and reliability to the cogency and legitimacy of the doctrine of substantive due process Many scholars attribute the skepticism toward the concept of substantive due process to be the result of a paradigm shift in the middle of the 20th century when this concept transitioned from an economic and property rights based approach to one …
Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt, Jeri Mallory
Comparisons Of The Soul: A Foucauldian Analysis Of Reasonable Doubt, Jeri Mallory
Scripps Senior Theses
The purpose of this paper is to uncover a new level of thinking regarding the discourse and debate around the standard of reasonable doubt and how it is used in our court rooms. The current argument surrounding the reasonable doubt standard has become circular and reached an impasse. By introducing the lens of social control and using the writings of notable French philosopher Michel Foucault, this paper looks at the origins and development of the reasonable doubt standard and links it with the increasing methods of social control present in punishment as well as evaluating the cultural narrative around its …
A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz
A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz
How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals