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Full-Text Articles in Law

No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz Jan 2024

No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz

Ledewitz Papers

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


The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz Apr 2023

The Theological Error Behind Post-Liberalism’S Bid For Political Power, Bruce Ledewitz

Ledewitz Papers

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


Why I Am No Longer A Jew, Bruce Ledewitz Feb 2023

Why I Am No Longer A Jew, Bruce Ledewitz

Ledewitz Papers

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


An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz Jan 2023

An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz

Ledewitz Papers

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


The Openness Of Talmud, Bruce Ledewitz Jan 2023

The Openness Of Talmud, Bruce Ledewitz

Ledewitz Papers

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


The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law Dec 2022

The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological …


The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram Sep 2022

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …


Dobbs Is Not A Religion Case, Bruce Ledewitz Aug 2022

Dobbs Is Not A Religion Case, Bruce Ledewitz

Ledewitz Papers

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


The Future Of Secularism, Bruce Ledewitz Jun 2022

The Future Of Secularism, Bruce Ledewitz

Ledewitz Papers

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


On Controlling The Supreme Court: Is There A Future For American Law?, Bruce Ledewitz Jan 2022

On Controlling The Supreme Court: Is There A Future For American Law?, Bruce Ledewitz

Ledewitz Papers

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


This Earthly Frame: The Making Of American Secularism, Bruce Ledewitz Jan 2022

This Earthly Frame: The Making Of American Secularism, Bruce Ledewitz

Ledewitz Papers

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


Against The Wind: James Boyd White And The Struggle To Keep Law Alive, Todd M. Stafford Jan 2022

Against The Wind: James Boyd White And The Struggle To Keep Law Alive, Todd M. Stafford

Publications

No abstract provided.


Why Secular Society Desperately Needs The Recognition Of Religious Holidays, Bruce Ledewitz Dec 2021

Why Secular Society Desperately Needs The Recognition Of Religious Holidays, Bruce Ledewitz

Ledewitz Papers

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


What Is "United" About The United States?, Gary S. Lawson Oct 2021

What Is "United" About The United States?, Gary S. Lawson

Faculty Scholarship

Jack Balkin’s The Cycles of Constitutional Time aims, among other things, to preserve and promote what Jack regards as “democracy and republicanism,” understood as “a joint enterprise by citizens and their representatives to pursue and promote the public good.” My question is whether and how this normative project is possible in a world full of perceptions of social, political, and moral phenomena akin to the white dress/blue dress internet controversy of 2015. Even if Madison had the better of Montesquieu in 1788 (and that is questionable), the United States has grown dramatically since the founding era, in a patchwork, and …


I Am Resigning From The Pro-Life Movement, Bruce Ledewitz Sep 2021

I Am Resigning From The Pro-Life Movement, Bruce Ledewitz

Ledewitz Papers

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


With Jews Under Attack, Here Is A Chance To Act, Bruce Ledewitz Jun 2021

With Jews Under Attack, Here Is A Chance To Act, Bruce Ledewitz

Ledewitz Papers

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


Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams Mar 2021

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …


Book Review, Secular Surge: A New Fault Line In American Politics, Bruce Ledewitz Jan 2021

Book Review, Secular Surge: A New Fault Line In American Politics, Bruce Ledewitz

Ledewitz Papers

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


Saving Judicial Independence From The Nihilism Of Court-Packing, Bruce Ledewitz Jan 2020

Saving Judicial Independence From The Nihilism Of Court-Packing, Bruce Ledewitz

Ledewitz Papers

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


Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz Jul 2019

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.


The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz Mar 2019

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.”


What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz Jan 2019

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 Jan 2019

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


A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz Jan 2019

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 Jan 2019

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


The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz Dec 2018

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 Sep 2018

“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


What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman Jul 2018

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 Jun 2018

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 Jun 2018

Why Won't Free Speech Save Us?, Bruce Ledewitz

Ledewitz Papers

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