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

Constitutional Law Commons™

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

Law and Philosophy

Institution
Keyword
Publication Year
Publication
Publication Type

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Nov 2015

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 Nov 2015

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 Nov 2015

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 Nov 2015

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 Nov 2015

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 Nov 2015

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 Nov 2015

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 Oct 2015

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 Oct 2015

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 Oct 2015

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 Oct 2015

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 Oct 2015

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 Oct 2015

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 Sep 2015

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 Sep 2015

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 Sep 2015

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 Sep 2015

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.