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Articles 991 - 1020 of 2203
Full-Text Articles in Constitutional Law
Justice Scalia And The Rule Of Law: Originalism Vs. The Living Constitution, Richard F. Duncan
Justice Scalia And The Rule Of Law: Originalism Vs. The Living Constitution, Richard F. Duncan
Nebraska College of Law: Faculty Publications
Justice Antonin Scalia's sudden death in February, 2016, was a great loss for his family, a great loss for his friends, and a great loss for the "Written Constitution" of the United States of America. We will have no more of his brilliant, witty, and pugnacious judicial opinions. Instead, we will have to settle for the body of work he left behind as his legacy. But, as one commentator has said, his opinions are "so consistent, so powerful, and so penetrating in their devotion to the rule of law"—the real rule of law, not the political decrees of judges creating …
The Five Days In June When Values Died In American Law, Bruce Ledewitz
The Five Days In June When Values Died In American Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn
When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn
Pitzer Senior Theses
This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.
Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence
Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence
Brooklyn Law Review
The decade-and-a-half period when Earl Warren served as the fourteenth Chief Justice (1953–1969) was marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association, and religion, voting rights, and more. These decisions led to positive, fundamental changes in the lives of millions of less advantaged Americans who had been historically disfavored because of their race, nationality, gender, socioeconomic class, or political views. The legacy of the Warren Court is one of an institution committed to “a dedication in the law to the timeless ideals of ‘human dignity, individual rights, …
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Brooklyn Journal of International Law
In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …
Ross Douthat’S Critique Of Modernity, Bruce Ledewitz
Ross Douthat’S Critique Of Modernity, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ross Douthat’s Critique of Modernity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 25, 2015: Merry Christmas 2015, Bruce Ledewitz
December 25, 2015: Merry Christmas 2015, Bruce Ledewitz
Hallowed Secularism
Blog post, “Merry Christmas 2015“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 17, 2015: Underlying Consensus?, Bruce Ledewitz
December 17, 2015: Underlying Consensus?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Underlying Consensus?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 9, 2015: The Spirit Of Doom, Bruce Ledewitz
December 9, 2015: The Spirit Of Doom, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Spirit of Doom“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 5, 2015: Islamic Terrorism, Christian Terrorism And Jewish Terrorism, Bruce Ledewitz
December 5, 2015: Islamic Terrorism, Christian Terrorism And Jewish Terrorism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Islamic Terrorism, Christian Terrorism and Jewish Terrorism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 1, 2015: What Really Fuels Isis?, Bruce Ledewitz
December 1, 2015: What Really Fuels Isis?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Really Fuels ISIS?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
The Federalist Provenance Of The Principle Of Privacy, Elvin T. Lim
Maryland Law Review
The right to privacy is the centerpiece of modern liberal constitutional thought in the United States. But liberals rarely invoke “the Founding” to justify this right, as if conceding that the right to privacy was somehow a radical departure from “original meaning,” perhaps pulled out of the hat by “activist” judges taking great interpretive liberties with the constitutional text. Far from being an unorthodox and modern invention, I argue here that privacy is a principle grounded in the very architecture of the Constitution as enumerated in its Articles, perhaps even more so than in particular sections of the Bill of …
A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown
A Conceptual Disaster Zone Indeed: The Incoherence Of The State And The Need For State Action Doctrine(S), Brookes Brown
Maryland Law Review
No abstract provided.
November 24, 2015: I Guess Trump Really Could Win The Republican Nomination, Bruce Ledewitz
November 24, 2015: I Guess Trump Really Could Win The Republican Nomination, Bruce Ledewitz
Hallowed Secularism
Blog post, “I Guess Trump Really Could Win the Republican Nomination“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 22, 2015: Reason Is Not An Alternative To Religion, Bruce Ledewitz
November 22, 2015: Reason Is Not An Alternative To Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Reason is Not an Alternative to Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 19, 2015: How To Defeat Isis, Bruce Ledewitz
November 19, 2015: How To Defeat Isis, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Defeat ISIS“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 15, 2015: None, Bruce Ledewitz
November 15, 2015: None, Bruce Ledewitz
Hallowed Secularism
Blog post, “None“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 13, 2015: Heidegger’S Judeo-Christian, Bruce Ledewitz
November 13, 2015: Heidegger’S Judeo-Christian, Bruce Ledewitz
Hallowed Secularism
Blog post, “Heidegger’s Judeo-Christian“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz
November 8, 2015: What Is Wrong With Whites?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is Wrong with Whites?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 3, 2015: Title: Ross Douthat’S Mistakeross Douthat’S Mistake, Bruce Ledewitz
November 3, 2015: Title: Ross Douthat’S Mistakeross Douthat’S Mistake, Bruce Ledewitz
Hallowed Secularism
Blog post, “Ross Douthat’s Mistake“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 29, 2015: So, It's Not Going To Be Trump (Or Carson), Bruce Ledewitz
October 29, 2015: So, It's Not Going To Be Trump (Or Carson), Bruce Ledewitz
Hallowed Secularism
Blog post, “So, It's Not Going to be Trump (or Carson)“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 23, 2015: Heidegger And The Last God, Bruce Ledewitz
October 23, 2015: Heidegger And The Last God, Bruce Ledewitz
Hallowed Secularism
Blog post, “Heidegger and the Last God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 15, 2015: The Difficulty Of Reining In Money, Bruce Ledewitz
October 15, 2015: The Difficulty Of Reining In Money, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Difficulty of Reining in Money“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 11, 2015: Liberals Fooling Themselves About Political Money, Bruce Ledewitz
October 11, 2015: Liberals Fooling Themselves About Political Money, Bruce Ledewitz
Hallowed Secularism
Blog post, “Liberals Fooling Themselves About Political Money“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 7, 2015: The Pretty Small University, Bruce Ledewitz
October 7, 2015: The Pretty Small University, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Pretty Small University“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
October 3, 2015: Is Litigation The Way To Stop Global Warming?, Bruce Ledewitz
October 3, 2015: Is Litigation The Way To Stop Global Warming?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Litigation the Way to Stop Global Warming?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 30, 2015: Did Pope Francis Do His Job?, Bruce Ledewitz
September 30, 2015: Did Pope Francis Do His Job?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Did Pope Francis Do His Job?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 25, 2015: Pope Francis Visits, Bruce Ledewitz
September 25, 2015: Pope Francis Visits, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pope Francis Visits“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 23, 2015: Yom Kippur, Bruce Ledewitz
September 23, 2015: Yom Kippur, Bruce Ledewitz
Hallowed Secularism
Blog post, “Yom Kippur“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 19, 2015: Shabbat Shuvah, Bruce Ledewitz
September 19, 2015: Shabbat Shuvah, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Shabbat Shuvah“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.