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Articles 211 - 240 of 519
Full-Text Articles in Constitutional Law
April 17, 2014: Cowardice And Hypocrisy At Brandeis, Bruce Ledewitz
April 17, 2014: Cowardice And Hypocrisy At Brandeis, Bruce Ledewitz
Hallowed Secularism
Blog post, “Cowardice and Hypocrisy at Brandeis“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Pragmatic Republic, If You Can Keep It, William R. Sherman
A Pragmatic Republic, If You Can Keep It, William R. Sherman
Michigan Law Review
These things we know to be true: Our modern administrative state is a leviathan unimaginable by the Founders. It stands on thin constitutional ice, on cracks between the executive, legislative, and judicial branches. It burdens and entangles state and local governments in schemes that threaten federalism. And it presents an irresolvable dilemma regarding democratic accountability and political independence. We know these things to be true because these precepts animate some of the most significant cases and public law scholarship of our time. Underlying our examination of administrative agencies is an assumption that the problems they present would have been bizarre …
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Puzzling Presumption Of Reviewability, Nicholas Bagley
The Puzzling Presumption Of Reviewability, Nicholas Bagley
Articles
The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …
The Puzzling Presumption Of Reviewability, Nicholas Bagley
The Puzzling Presumption Of Reviewability, Nicholas Bagley
Articles
The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …
Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz
Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz
The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Gideon V. Wainwright A Half Century Later, Yale Kamisar
Gideon V. Wainwright A Half Century Later, Yale Kamisar
Reviews
When he was nearing the end of his distinguished career, one of my former law professors observed that a dramatic story of a specific case "has the same advantages that a play or a novel has over a general discussion of ethics or political theory." Ms. Houppert illustrates this point in her very first chapter.
Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger
Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger
University of Michigan Journal of Law Reform
The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding the idea of “mandatory mediation-only” causes of action, using constitutional hate speech and invasion of privacy …
From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender
From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender
SJD Dissertations
In response to what he perceived as the challenges associated with republican governance in the later portions of the nineteenth century, Michigan’s Thomas McIntyre Cooley penned his treatise concerning constitutional limitations on legislative power. In it, Cooley offered a vision of government where courts would check government power and would raise constitutional barriers against the impact of improper influences on legislators. As a student of history, Cooley grounded his beliefs and doctrines in experience, not philosophical reflections. Believing that “the fruits of speculative genius in government are of little value,” Cooley submitted that governing structures and law “must be the …
History In Law, Mythmaking, And Constitutional Legitimacy - Symposium: History And Meaning Of The Constitution, Patrick J. Charles
History In Law, Mythmaking, And Constitutional Legitimacy - Symposium: History And Meaning Of The Constitution, Patrick J. Charles
Cleveland State Law Review
What truly separates an historical inquiry, however, from an originalist inquiry is the degree by which myth consumes fact. Certainly, regardless of whether one is performing an historical or originalist inquiry, the methodological process takes part in generating myth. In terms of where the respective inquiries are to be placed on the spectrum of constitutional mythmaking, however, the standard historical inquiry is far less likely to engage in the process than its originalist counterpart. This is mainly because originalism is not so much about reasoning from known historical truths, but instead about recreating a hypothetical expected legal application of how …
Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon
Solitary Confinement, Public Safety, And Recdivism, Shira E. Gordon
University of Michigan Journal of Law Reform
As of 2005, about 80,000 prisoners were housed in solitary confinement in jails and in state and federal prisons in the United States. Prisoners in solitary confinement are generally housed in a cell for twenty-two to twenty-four hours a day with little human contact or interaction. The number of prisoners held in solitary confinement increased 40 percent between 1995 and 2000, in comparison to the growth in the total prison population of 28 percent. Concurrently, the duration of time that prisoners spend in solitary confinement also increased: nationally, most prisoners in solitary confinement spend more than five years there. The …
Constitutional Skepticism: A Recovery And Preliminary Evaluation, Louis Michael Seidman
Constitutional Skepticism: A Recovery And Preliminary Evaluation, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
The aim of this article is to recover and reevaluate the American tradition of constitutional skepticism. Part I consists of a brief history of skepticism running from before the founding to the modern period. My aim here is not to provide anything like a complete description of the historical actors, texts, and events that I discuss. Instead, I link together familiar episodes and arguments that stretch across our history so as to demonstrate that they are part of a common narrative that has been crucial to our self-identity. Part II disentangles the various strands of skeptical argument. I argue that …
Segregation In United States Healthcare: From Reconstruction To Deluxe Jim Crow, Kerri L. Hunkele
Segregation In United States Healthcare: From Reconstruction To Deluxe Jim Crow, Kerri L. Hunkele
Honors Theses and Capstones
During the time period between Reconstruction and the Deluxe Jim Crow era, African Americans were legally oppressed, which hindered their ability to live fully and equally in society with whites. This was especially true in terms of healthcare. Segregation laws were implemented to separate blacks from the rest of society in everyday life; the worst of these laws affected the ability of African Americans to gain access to medical care that was equal to whites. This inequality prevented blacks from being accepted into society and from living quality lives that stem from adequate healthcare. Although the federal and state governments …
An Opinion For The Ages, Bruce Ledewitz
An Opinion For The Ages, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
December 21, 2013: Donald Rumsfeld And The Banality Of Evil, Bruce Ledewitz
December 21, 2013: Donald Rumsfeld And The Banality Of Evil, Bruce Ledewitz
Hallowed Secularism
Blog post, “Donald Rumsfeld and the Banality of Evil“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Stretching Religious Liberty, Bruce Ledewitz
Stretching Religious Liberty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
June 13, 2013: The Return Of The Cicadas, Bruce Ledewitz
June 13, 2013: The Return Of The Cicadas, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Return of the Cicadas“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 26, 2013: How Hippies Became Evangelical Conservatives, Bruce Ledewitz
May 26, 2013: How Hippies Became Evangelical Conservatives, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Hippies Became Evangelical Conservatives“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 12, 2013: Is Obama Nixon?, Bruce Ledewitz
May 12, 2013: Is Obama Nixon?, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Is Obama Nixon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 25, 2013: The Coming Secularization Of Islam, Bruce Ledewitz
April 25, 2013: The Coming Secularization Of Islam, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Coming Secularization of Islam“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz
Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff
Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff
Schmooze 'tickets'
No abstract provided.
A Comment On The Instruction Of Constitutional Law, William H. Rehnquist
A Comment On The Instruction Of Constitutional Law, William H. Rehnquist
Pepperdine Law Review
No abstract provided.
Congress Underestimated: The Case Of The World Bank, Kristina Daugirdas
Congress Underestimated: The Case Of The World Bank, Kristina Daugirdas
Articles
This article challenges the oft-repeated claim that international organizations undermine democracy by marginalizing national legislatures. Over the past forty years, Congress has established itself as a key player in setting U.S. policy toward the World Bank. Congress has done far more than restrain executive branch action with which it disagrees; it has affirmatively shaped the United States’ day-to-day participation in this key international organization and successfully defended its constitutional authority to do so.
The President's Enforcement Power, Kate Andrias
The President's Enforcement Power, Kate Andrias
Articles
Enforcement of law is at the core of the President’s constitutional duty to “take Care” that the laws are faithfully executed, and it is a primary mechanism for effecting national regulatory policy. Yet questions about how presidents oversee agency enforcement activity have received surprisingly little scholarly attention. This Article provides a positive account of the President’s role in administrative enforcement, explores why presidential enforcement has taken the shape it has, and examines the bounds of the President’s enforcement power. It demonstrates that presidential involvement in agency enforcement, though extensive, has been ad hoc, crisis-driven, and frequently opaque. The Article thus …
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
September 11, 2012: Technology Is Inefficient, Bruce Ledewitz
September 11, 2012: Technology Is Inefficient, Bruce Ledewitz
Hallowed Secularism
Blog post, “Technology is Inefficient“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 6, 2012: Beating The Drums For War With Iran, Bruce Ledewitz
September 6, 2012: Beating The Drums For War With Iran, Bruce Ledewitz
Hallowed Secularism
Blog post, “Beating the Drums for War with Iran“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 11, 2012: One Way Of Understanding Contributions To Philosophy, Bruce Ledewitz
August 11, 2012: One Way Of Understanding Contributions To Philosophy, Bruce Ledewitz
Hallowed Secularism
Blog post, “One Way of Understanding Contributions to Philosophy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.