Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 118

Full-Text Articles in Law

Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn Apr 2023

Foreword: New Supreme Court Cases: Duquesne Law Faculty Explains, Wilson Huhn

Law Faculty Publications

On September 30, 2022, several members of the faculty of the Thomas R. Kline School of Law of Duquesne University presented a Continuing Legal Education program, New Supreme Court Cases: Duquesne Law Faculty Explains, reviewing these developments. Duquesne Law Review graciously invited the faculty panel to contribute their analysis of these cases from the Supreme Court's 2021- 2022 term for inclusion in this symposium issue of the Law Review.


No Balancing For Anticonstitutional Government Conduct, Bruce Ledewitz Jan 2023

No Balancing For Anticonstitutional Government Conduct, Bruce Ledewitz

Law Faculty Publications

Noted Supreme Court critic Eric Segall has been criticizing the majority opinion in New York State Rifle & Pistol Ass'n v. Bruen for its failure to engage in any kind of means-end balancing in striking down a New York gun control measure--balancing that he argues the Court has engaged in since the Reconstruction era. Segall is hardly the only American law professor to level this charge. But the lack of balancing in Bruen is neither unprecedented nor methodologically innovative. It certainly does not reflect a victory of originalism. Instead, the Bruen decision stands firmly in the tradition that courts do …


November 5, 2020: Count All The Pennsylvania Ballots--Conservative Justices Are Seeing The Ghost Of Bush V. Gore, Bruce Ledewitz Nov 2020

November 5, 2020: Count All The Pennsylvania Ballots--Conservative Justices Are Seeing The Ghost Of Bush V. Gore, Bruce Ledewitz

Hallowed Secularism

Blog post, “Count All the Pennsylvania Ballots--Conservative Justices Are Seeing the Ghost of Bush v. Gore“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 27, 2020: Will The Supreme Court Survive This Treachery?, Bruce Ledewitz Oct 2020

October 27, 2020: Will The Supreme Court Survive This Treachery?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Will the Supreme Court Survive This Treachery?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 5, 2020: Preparing The Ground To Overrule Roe?+A5, Bruce Ledewitz May 2020

May 5, 2020: Preparing The Ground To Overrule Roe?+A5, Bruce Ledewitz

Hallowed Secularism

Blog post, “Preparing the Ground to Overrule Roe?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 26, 2020: The Crisis Over Recusal, Bruce Ledewitz Feb 2020

February 26, 2020: The Crisis Over Recusal, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Crisis Over Recusal“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 19, 2019: Court-Packing, Bruce Ledewitz Nov 2019

November 19, 2019: Court-Packing, Bruce Ledewitz

Hallowed Secularism

Blog post, “Court-Packing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 19, 2019: Justice Stevens R.I.P., Bruce Ledewitz Jul 2019

July 19, 2019: Justice Stevens R.I.P., Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Stevens R.I.P.“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 23, 2019: All The Justices Get Religion Wrong Again, Bruce Ledewitz Jun 2019

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 Jun 2019

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.


May 15, 2019: What Impeachment And Court-Packing Have In Common, Bruce Ledewitz May 2019

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.


April 14, 2019: Two Cases Of Independence--The Court And The Fed--And What They Tell Us About American Nihilism, Bruce Ledewitz Apr 2019

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.


March 17, 2019: The Response To My Anti-Court-Packing Message, Bruce Ledewitz Mar 2019

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 Feb 2019

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 Feb 2019

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.


December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz Dec 2018

December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Continuing Disintegration of Politics in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz Oct 2018

October 3, 2018: Judge Kavanaugh Doesn’T Have A Judicial Philosophy: Only Randy Barnett Does, Bruce Ledewitz

Hallowed Secularism

Blog post, “Judge Kavanaugh Doesn’t Have a Judicial Philosophy: Only Randy Barnett Does“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 18, 2018: The Kavanaugh Story, Bruce Ledewitz Sep 2018

September 18, 2018: The Kavanaugh Story, Bruce Ledewitz

Hallowed Secularism

Blog post, “ The Kavanaugh Story“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz Aug 2018

August 24, 2018: The Coming Desperate Struggle, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Coming Desperate Struggle“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


August 15, 2018: The Catholic Church Child Abuse Scandal Comes Out, Bruce Ledewitz Aug 2018

August 15, 2018: The Catholic Church Child Abuse Scandal Comes Out, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Catholic Church Child Abuse Scandal Comes Out“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 1, 2018: Can We Agree That Not Everything Unions Do Is Speech, Bruce Ledewitz Jul 2018

July 1, 2018: Can We Agree That Not Everything Unions Do Is Speech, Bruce Ledewitz

Hallowed Secularism

Blog post, “Can We Agree that not Everything Unions Do is Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz Jun 2018

June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Yes, the President Can Pardon Himself and This Court is Going to Vote for Religious Believers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 24, 2018: “The Policy May Be Debatable, But The Law Is Clear”, Bruce Ledewitz May 2018

May 24, 2018: “The Policy May Be Debatable, But The Law Is Clear”, Bruce Ledewitz

Hallowed Secularism

Blog post, “The policy may be debatable, but the law is clear” discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz Jul 2017

July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Trinity Lutheran Church Case Shows There is no Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 22, 2017: Putnam Versus Scalia, Bruce Ledewitz May 2017

May 22, 2017: Putnam Versus Scalia, Bruce Ledewitz

Hallowed Secularism

Blog post, “Putnam versus Scalia“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz Apr 2017

April 14, 2017: The Judicial-Industrial Complex, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Judicial-Industrial Complex“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 8, 2017: The Supreme Court And Politics, Bruce Ledewitz Apr 2017

April 8, 2017: The Supreme Court And Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Supreme Court and Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz Apr 2017

April 2, 2017: Friday Op-Ed In The Pittsburgh Post-Gazette Concerning Judge Gorsuch And Interpretation, Bruce Ledewitz

Hallowed Secularism

Blog post, “Friday Op-ed in the Pittsburgh Post-Gazette Concerning Judge Gorsuch and Interpretation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 20, 2017: Hypocrisy On Neil Gorsuch, Bruce Ledewitz Mar 2017

March 20, 2017: Hypocrisy On Neil Gorsuch, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hypocrisy on Neil Gorsuch“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 18, 2017: What The Rule Of Law Looks Like, Bruce Ledewitz Feb 2017

February 18, 2017: What The Rule Of Law Looks Like, Bruce Ledewitz

Hallowed Secularism

Blog post, “What the Rule of Law Looks Like“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.