Constitutional Law Commons^™

Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz

Ledewitz Papers

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

Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

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

A Fond Farewell, Bruce Ledewitz

Ledewitz Papers

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

Perspectives On The Law Of The American Sit-In, Bruce Ledewitz

Ledewitz Papers

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

Justifying A Search For A Unifying Theory Of Unconstitutional Conditions, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This essay explores why many scholars, including Frederick Schauer and Larry Alexander, feel that an attempt at unification of the doctrine of unconstitutional conditions is unworthy of scholarly attention. Although the subject of this particular essay is less ambitious than the many attempts that have been made to unify the doctrine of unconstitutional conditions, and indeed proposes no unifying theory itself, it nevertheless examines why attempts to explain the doctrine in a unified way might be valid even if no unification is ultimately possible. It also attempts to persuade that a unifying theory of the doctrine may be attainable, although …

How To Prevent Another Larsen Affair, Bruce Ledewitz

Ledewitz Papers

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

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

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

Rico's Latest Victim—Social Protest, Bruce Ledewitz

Ledewitz Papers

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

What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz

Ledewitz Papers

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

The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz

Ledewitz Papers

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

The Constitution Of Conscience, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

A Heterodox Catechism, Paul Campos

Publications

No abstract provided.

It's Not Just Larsen, Bruce Ledewitz

Ledewitz Papers

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

Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz

Ledewitz Papers

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

Mishandling The Current Crisis, Bruce Ledewitz

Ledewitz Papers

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

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz

Ledewitz Papers

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

Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz

Ledewitz Papers

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

No Punishment Without Cruelty, Bruce Ledewitz

Ledewitz Papers

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

Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz

Ledewitz Papers

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

Confident, But Still Not Positive, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Constitutional Law And The Myth Of The Great Judge, Michael S. Ariens

Faculty Articles

One of the enduring myths of American history, including constitutional history, is that of the “Great Man” or “Great Woman.” The idea is that, to understand the history of America, one needs to understand the impact made by Great Men and Women whose actions affected the course of history. In political history, one assays the development of the United States through the lives of great Americans, from the “Founders” to Abraham Lincoln to John F. Kennedy. Similarly, in constitutional history, the story is told through key figures, the “Great Judges,” from John Marshall to Oliver Wendell Holmes to Earl Warren. …

Whose Loyalties?, Christina B. Whitman

Reviews

It is disconcerting to open a book subtitled An Essay on the Morality of Relationships and find that the two case studies that most interest the author are reciting the Pledge of Allegiance in public schools and the criminalization of flag burning. Although George Fletcher begins to make his case for giving moral priority to loyalties by referring to the impulse to save one's mother from a burning house (p. 12), he is more concerned with the ties that bind individuals to groups than with the ethics of relationships between individuals. The loyalties to which Fletcher would give "moral importance" …

Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii

Michigan Law Review

Professor J.M. Balkin's recent essay in the Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balkin's thesis that a postmodern …

Why Family Values Faltered: Capitalism, Bruce Ledewitz

Ledewitz Papers

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

The Casey Conundrum, Bruce Ledewitz

Ledewitz Papers

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

Constitutional Theory Beyond Left And Right, Gerard V. Bradley

Journal Articles

Hadley Arkes: Beyond the Constitution. (Princeton: Princeton University Press, 1990. Pp. 288. $24.95.)

Hadley Arkes's latest book is Beyond the Constitution and it is virtually a tour de force. Author of The Philosopher in The City and First Things, in the new work Arkes persuasively criticizes both liberal and conservative constitutionalism as well as their common legal theoretical base, displaying all the while the philosophical astuteness and elegant prose his prior work has accustomed readers to expect. Anyone remotely interested in constitutional law should read this book.

A Moderate Anti-Abortion View, Bruce Ledewitz

Ledewitz Papers

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

Passport Photos And Stays Of Execution, Bruce Ledewitz

Ledewitz Papers

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

Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz

Ledewitz Papers

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

Victims Of The Law, Bruce Ledewitz

Ledewitz Papers

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