Constitutional Law Commons^™

March 24, 2010: The Legal Attack On Healthcare Reform, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Legal Attack on Healthcare Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 21, 2010: The Pledge Of Allegiance Debate, Bruce Ledewitz

Hallowed Secularism

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

March 19, 2010: Why Fight About The Pledge Of Allegiance?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why fight about the Pledge of Allegiance?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Laying Privileges Or Immunities To Rest: Mcdonald V. City Of Chicago, B. Aubrey Smith

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Jerusalem Open House For Gay Pride V. Jerusalem Municipality, Isaac Amit, Esther Hayut, Hanan Melcer

Translated Opinions

Facts: The Jerusalem municipality (the respondent) provides financial support to various institutions throughout the city. Institutions requesting funding are required to apply to the different municipality departments that distribute the funds, in accordance with prescribed criteria. The appellant is a registered charity that works for the gay community in the city; it operates a community center in Jerusalem for the gay community, and conducts a series of annual gay pride events in the city, including the annual gay pride parade. During the years 2005 through 2008, the appellant requested financial support from the respondent by filing applications with the …

Constitutionalism: A Skeptical View, Jeremy Waldron, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 17, 2010, Professor Waldron, University Professor and Professor of Law at New York University, Chichele Chair of Social and Political Theory at All Souls College, Oxford delivered the Georgetown Law Center’s thirtith annual Philip A. Hart Lecture: “ Constitutionalism: A Skeptical View.”

Professor Waldron teaches legal and political philosophy at New York University School of Law. He was previously University Professor in the School of Law at Columbia University. He holds his NYU position conjointly with his position as Chichele Professor of Social and Political Theory at the University of Oxford (All Souls College). For 2011-2013, he is …

March 16, 2010: The Dems Had Better Pass Healthcare Reform, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Dems Had Better Pass Healthcare Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

American Needle, Inc. V. Nfl: Professional Sports Leagues And “Single-Entity” Antitrust Exemption, M. Scott Leblanc

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

March 14, 2010: The Cascade Of Nontheistic Religion, Bruce Ledewitz

Hallowed Secularism

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

March 12, 2010: “In God We Trust” Upheld By The Ninth Circuit, Bruce Ledewitz

Hallowed Secularism

Blog post, “ “In God We Trust” Upheld by the Ninth Circuit“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 10, 2010: Sticking With The Bible At The Tikkun Phone-In, Bruce Ledewitz

Hallowed Secularism

Blog post, “Sticking with the Bible at the Tikkun phone-in“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 6, 2010: Calling All Secularists Monday Night, Bruce Ledewitz

Hallowed Secularism

Blog post, “Calling all secularists Monday night“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 4, 2010: “Under God” As Identity Politics, Bruce Ledewitz

Hallowed Secularism

Blog post, ““under God” as Identity Politics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Constitutional Torts, Over-Deterrence And Supervisory Liability After Iqbal (2010) (Symposium), Sheldon Nahmod

All Faculty Scholarship

My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court’s concern with over-deterrence has increasingly dominated constitutional torts. In Part II, I address the relevance of that concern for supervisory liability, set out what the Court said about supervisory liability in Iqbal and very briefly summarize the pre-Iqbal circuit consensus on supervisory liability. In Part III, I delve more deeply into the nature of supervisory liability and conclude that the …

Judicial Recusal & Expanding Notions Of Due Process, Andrey Spektor, Michael A. Zuckerman

Cornell Law School J.D. Student Research Papers

The merits of judicial elections have been litigated in journals around the country. In light of the recent Supreme Court decisions in White and Caperton, this debate will only intensify. Rather than revisit the arguments for and against electing judges, this Article argues that applying the Mathews v. Eldridge test in cases where a litigant’s due process is threatened by an elected judge—a possibility that the Court initially dismissed in White against Justice Ginsburg’s protests, and then took head on in Caperton—will balance First Amendment rights that judicial elections breed against the rights of the litigants that the Constitution protects. …

The Future Of God—And Secularism, Bruce Ledewitz

Ledewitz Papers

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

The Future Of God—And Secularism, Bruce Ledewitz

Ledewitz Papers

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

March 1, 2010: The Post-Secular Is Not The Pre-Secular, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Post-Secular is not the Pre-Secular“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Making Sense Of Facial And As-Applied Challenges, Alex Kreit

William & Mary Bill of Rights Journal

No abstract provided.

Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman

William & Mary Bill of Rights Journal

No abstract provided.

Where Do We Go From Here? Handgun Regulation In A Post-Heller World, Lindsey Craven

William & Mary Bill of Rights Journal

No abstract provided.

The Sexual Offender Registration And Notification Act: No More Than "Statutory ‘Lip Service’ To Interstate Commerce", Lindsey B. Fetzer

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban, Katharine Kruk

William & Mary Bill of Rights Journal

No abstract provided.

The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt

William & Mary Bill of Rights Journal

By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education1 prohibited racial segregation in schools and other stateoperated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and most …

The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West

Washington and Lee Law Review

Increasingly more "ordinary"A mericans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories; they are exposing private information about others as well. The faceoff between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it. In a prior article, I established that autobiographicals peech is a unique and important category of speech that is at risk of being undervalued under current Law. This Article builds on my earlier work by addressing the emerging conflict between …

The Death Of Suspicion, Fabio Arcila Jr.

William & Mary Law Review

At the nation’s founding, search warrants and the concept of suspicion were well entrenched as a means of limiting governmental search power. This tradition largely explains why today’s Fourth Amendment law includes two foundational black letter rules: the presumptive warrant requirement and the presumptive suspicion requirement. Unfortunately, neither of these rules is correct. Certainly they have historical support, especially in the common law. But whether they reflect the totality of our historic experience is questionable, especially when civil search practices are considered. More importantly, modern developments—such as urban life and technological advancements, the rise of the regulatory state, and post-9/11 …

The Significance Of Signatures: Why The Framers Signed The Constitution And What They Meant By Doing So, Michael Coenen

Journal Articles

The signing of the U.S. Constitution is traditionally understood as the closing act of the Constitutional Convention. This Note provides an alternative account, one that understands the Constitution’s signing as the opening act of the ratification campaign that followed in the Convention’s wake. To begin, the Note explains the signatures’ ambiguous form as the product of political maneuvering designed to win support for the Constitution during ratification. The Note then hypothesizes two ways in which the signatures may have helped to secure this support: (1) by highlighting pro-Constitution selling-points likely to resonate with the ratifying public; and (2) by limiting …

Is It Admissible?: Tips For Criminal Defense Attorneys On Assessing The Admissibility Of A Criminal Defendant's Statements, Part One, John H. Blume, Emily C. Paavola

Cornell Law Faculty Publications

This article addresses the Fifth Amendment issues to be considered when analyzing the admissibility of a criminal defendant's out-of-court statements.

How The Tenth Circuit’S Ruling In Martinez V. Beggs Affects The Deliberate Indifference Standard For Eighth Amendment Claims, Chad Olsen

BYU Law Review

No abstract provided.

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.