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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


Methodological Gerrymandering, David Simson Dec 2023

Methodological Gerrymandering, David Simson

Cleveland State Law Review

The U.S. Supreme Court has come to decide many of the most consequential and contentious aspects of social policy via its interpretations of the U.S. Constitution. Institutional features of the Court create significant pressure on the Justices to justify their decisions as applications of “law” rather than the practice of “politics.” Their perceived failure to do so calls forth criticism sounding in a variety of registers—ranging from allegations of a lack of neutrality, lack of impartiality, or lack of “principle,” to allegations of opportunism, disingenuousness, and hypocrisy. Analyzing the Justices’ choices in relation to interpretational “methodology”—choosing one lens through which …


The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo Oct 2023

The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo

University of Miami Law Review

Largely missing from the extensive discussions of populism and illiberal democracy is the emerging question of 21st century constitutionalism. Nowadays, it is hard to see relevant constitutional changes without a strong appeal to direct popular political participation. Institutional mechanisms such as referenda, citizens’ assemblies, and constitutional conventions emerge as near-universal parts of the canon of every academic and political discussion on how constitutions should be enacted and amended. This Article’s aim is to offer a cautionary approach to the way participatory mechanisms can work in constitution-making and to stress the difference between the power to ratify constitutional proposals and the …


Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz Aug 2023

Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz Jul 2023

Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz Jul 2023

Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz Jun 2023

Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz Jun 2023

Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus Jun 2023

Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus

Honors Projects

The Supreme Court is often viewed with awe and the justices treated with reverence. It is the highest court in the United States, tasked with interpreting the law. But is the Supreme Court the neutral arbiter of justice it purports to be? Most recently, the 2022 ruling on Dobbs v. Jackson Women’s Health Organization overturned the fifty-year precedent of Roe v. Wade, causing the Court to face increasing scrutiny and questions of its legitimacy. I conduct a philosophical analysis of the arguments made by the justices in the opinions on Roe v. Wade, Planned Parenthood v. Casey, and …


The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz Jun 2023

The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz May 2023

If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz May 2023

The Pgh Synagogue Shooting Case Should’Ve Been Heard In Pa. Court, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz Apr 2023

The Views Aired At Pitt Debate Were Ugly. It Was Still Right To Let It Happen, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


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.


With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz Apr 2023

With Pa’S Highest Court Depleted, Shapiro, Gop Senate Leaders Let Voters Down, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler Apr 2023

Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler

Indiana Law Journal

Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …


Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling Apr 2023

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Theses

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …


What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz Mar 2023

What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz Mar 2023

The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz Feb 2023

What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


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.


By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz Feb 2023

By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz Jan 2023

If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz Jan 2023

On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


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


Depoliticizing The Supreme Court: How To Rein In Those Answerable To No One?, Dana Ortiz-Tulla ,Esq Jan 2023

Depoliticizing The Supreme Court: How To Rein In Those Answerable To No One?, Dana Ortiz-Tulla ,Esq

Journal of Race, Gender, and Ethnicity

This Note will discuss some of the Commission’s findings and other interesting suggestions to determine whether it is possible to rein in the modern-day Court. Part I will explain the inherently political nature of the Supreme Court. Part II will briefly present how the Supreme Court acquired its power. Part III will discuss several prominent proposals for Supreme Court reform. Finally, Part IV will examine whether any recommendations may depoliticize the Court.


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.


Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz Dec 2022

Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The One Good Thing About The Independent State Legislature Theory, Bruce Ledewitz Dec 2022

The One Good Thing About The Independent State Legislature Theory, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz Dec 2022

Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.