Constitutional Law Commons^™

September 12, 2008: Governor Palin And Abraham Lincoln, Bruce Ledewitz

Hallowed Secularism

Blog post, “Governor Palin and Abraham Lincoln“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 9, 2008: Jeffrey Stout: The Folly Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Jeffrey Stout: The Folly of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

In Search Of Sub-National Constitutionalism, James A. Gardner

Journal Articles

Two recent trends, one favoring federalism as a form of governmental organization and the other favoring written constitutions, have lately combined to produce an impressive proliferation of subnational constitutions. Documents that can fairly be described as constitutions now govern the affairs of subnational units - states, provinces, cantons, Länder - in federal states on every continent. What remains unclear, however, is whether the proliferation of subnational constitutions indicates a corresponding spread of the practice of subnationalism constitutionalism - whether, that is, the appearance of subnational constitutions around the globe evinces a spreading ideological commitment to a strong role for subnational …

September 7, 2008: Victory In Iraq, Bruce Ledewitz

Hallowed Secularism

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

September 5, 2008: Thinkers In The New Secularism: Stuart Kauffman, Bruce Ledewitz

Hallowed Secularism

Blog post, “Thinkers in the New Secularism: Stuart Kauffman“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Brief Of Amicus Curiae In Support Of Appellants, Quinton Richmond, Et Al., V. The District Court Of Maryland, Et Al., No. 08-54, Brenda Bratton Blom, Robert Rubinson, Phillip J. Closius

Court Briefs

Amici curiae brief filed by 78 faculty members from the University of Maryland School of Law and the University of Baltimore School of Law, on behalf of Appellants Quinton Richmond, et al. Amicus members felt the need to comment on the application and implications of the statutory right to counsel under Maryland law for indigent criminal defendants. The issue before the Court of Appeals was whether the Court’s previous holding in McCarter v. State, 363 Md. 705 (2001), that the plain language of the Maryland Public Defender Act created a right to counsel during all stages of a criminal …

Pole Dancing: The New Pilates?, Timothy Zick

Popular Media

No abstract provided.

September 3, 2008: Politicized Religion, Bruce Ledewitz

Hallowed Secularism

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

"Necessity Hath No Law": Executive Power And The Posse Comitatus Act, Candidus Dougherty

Campbell Law Review

In Part I, I catalog the historical context in which the PCA was passed and describe the military events that are most commonly used to support the case for sharply divided civilian and military authorities. In Part II, I discuss the true purpose and intent of the PCA: to prohibit civilian marshals from calling forth active duty military to enforce domestic law. I also explore the contours of the emergency power doctrine to show that it is not clear that Congress could limit Executive action as a revamped PCA may attempt to do. Lastly, in Part III, I examine whether …

In Vino Veritas: Does The Twenty-First Amendment Really Protect A State's Right To Regulate Alcohol? An Overview Of The North Carolina Wine Industry And The Continuing Wine Distribution Litigation, Christian Hart Staples

Campbell Law Review

The purpose of this Comment is to examine some important legal issues affecting the state's winemaking industry. In particular, this Comment will address the continuing litigation that the direct shipment of wine to consumers has spawned throughout the country, and the effect of the Twenty-first Amendment on states' rights to control their own alcohol regulatory schemes. The author also hopes that this Comment will spark more interest in North Carolina wine.

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster

Washington and Lee Law Review

Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …

Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Feticide Laws: Contemporary Legal Applications And Constitutional Inquiries, Marka B. Fleming

Pace Law Review

No abstract provided.

Goblets Of Fire: Potential Constitutional Impediments To The Regulation Of Global Warming, Steven Ferrey

Suffolk University Law School Faculty Works

Almost half the U.S. states have begun to regulate the emission of greenhouse gases and global warming, given that the federal government has not acted. However, these leading states are implementing carbon regulatory measures that, if challenged, may be found to violate the Supremacy Clause and/or Commerce Clause of the U.S. Constitution. If so, these state initiatives, as the lead edge of U.S. policy on global warming, will require time-consuming legal revisions that could affect fundamental allowance allocation in lieu of auction, use of government garnered revenues from state carbon restrictions, and the degree to which states can change wholesale …

August 27, 2008: The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

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

August 24, 2008: More On Michael Hampson, Bruce Ledewitz

Hallowed Secularism

Blog post, “More on Michael Hampson“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 23, 2008: Thinkers In The New Secularism: Michael Hampson, Bruce Ledewitz

Hallowed Secularism

Blog post, “Thinkers in the New Secularism: Michael Hampson“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 21, 2008: Thinkers In The New Secularism: Susan Neiman, Bruce Ledewitz

Hallowed Secularism

Blog post, “Thinkers in the New Secularism: Susan Neiman“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Hamifkad Haleumi V. Attorney General, Miriam Naor, Edmond E. Levy, Dorit Beinisch, Esther Hayut, Ayala Procaccia, Asher Grunis, Salim Joubran

Translated Opinions

Facts: The petitioner is a private company working for the promotion of political program to solve the Israeli-Arab conflict. It applied to the respondents for permission to expose the public to the central principles of its political program by way of advertisements on television and radio. Due to the political contents of the advertisements the Authorities rejected the applications, relying on, respectively, Broadcasting Authority’s Rules - (Advertisements and Notifications on Radio) and the  Second Authority Rules (Ethics in Advertising in Radio Broadcast)  and (Ethics in Television Advertising) (hereinafter-the Rules).

The petitioner contested this refusal in the High Court of Justice, …

August 19, 2008: Rick Warren And Religious Tests, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rick Warren and Religious Tests“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 16, 2008: We Don't Want Justice, Bruce Ledewitz

Hallowed Secularism

Blog post, “We Don't Want Justice “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Wyeth V. Levine: Brief Of Amicus Curiae Constitutional And Administrative Law Scholars In Support Of Respondent, Nina A. Mendelson

Appellate Briefs

Amici are scholars who teach and write about federal preemption of state law. Mindful of the gap that sometimes exists between the academy and the concerns of the bench and bar, we seek to bring our scholarship to bear on the particular preemption questions at issue in this case. Our scholarly interest in preemption arises from teaching and writing in a variety of related fields, including constitutional law, administrative law, health law, and torts.

This case implicates three critical issues in the law of preemption. First, Petitioner's amici have launched a broad attack on this Court's longstanding "presumption against preemption," …

Beyond Guantánamo, Obstacles And Options (Part Ii), Gregory S. Mcneal

NULR Online

No abstract provided.

August 13, 2008: James C. Edwards—Philosopher Of Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “James C. Edwards—Philosopher of Hallowed Secularism “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Tzadik V. Haaretz Newspaper Publishing Ltd., Eliezer Rivlin, Menachem Elon, Asher Grunis

Translated Opinions

The applicant is a member of the ultra-Orthodox community. One day in January 2002, the applicant set up a stall to distribute religious books near Dizengoff Center in Tel Aviv. It turned out that the stall was situated next to a store in which hung an advertisement that was described by the Magistrates Court as -

… A giant poster, of large proportions, hanging in the window of the shop in front of which the claimant set up his stall, featuring a woman wearing tight little shorts, standing with her legs wide open, with the figure of a man between …

August 11, 2008: The Dark Knight And Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Dark Knight and Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Beyond Guantánamo, Obstacles And Options, Gregory S. Mcneal

NULR Online

No abstract provided.

August 9, 2008: Susan Neiman's Theological Error, Bruce Ledewitz

Hallowed Secularism

Blog post, “Susan Neiman's Theological Error“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 7, 2008: New Thinkers In Religion And Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “New Thinkers in Religion and Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.