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Articles 241 - 270 of 519

Full-Text Articles in Constitutional Law

June 10, 2012: Cut Off From Blame And Punishment, Bruce Ledewitz Jun 2012

June 10, 2012: Cut Off From Blame And Punishment, Bruce Ledewitz

Hallowed Secularism

Blog post, “Cut Off from Blame and Punishment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 8, 2012: How Do The Draft Cases Aid In Resolution Of The Culture Wars?, Bruce Ledewitz Jun 2012

June 8, 2012: How Do The Draft Cases Aid In Resolution Of The Culture Wars?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Do the Draft Cases Aid in Resolution of the Culture Wars?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz May 2012

May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz

Hallowed Secularism

Blog post, “Seeger—an Extraordinary Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 27, 2012: Happy Memorial Day, Bruce Ledewitz May 2012

May 27, 2012: Happy Memorial Day, Bruce Ledewitz

Hallowed Secularism

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


Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea Apr 2012

Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea

Michigan Law Review

Federalist No. 54 shows that part of Madison's public defense of the Constitution included the defense of some of its proslavery provisions. Madison and his reading public were well aware that aspects of the Constitution protected slavery. These aspects of the Constitution were publicly debated in the press and in state ratification conventions. Just as the Constitution's protections for slavery were debated at the time of its framing and ratification, the relationship between slavery and the Constitution remains a subject of debate. Historians continue to debate the centrality of slavery to the Constitution. The majority position among historians today appears …


February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz Feb 2012

February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz

Hallowed Secularism

Blog post, “Greetings From Sunny Malibu“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 10, 2012: The Ministerial Exception Must Be Put On New Foundations, Bruce Ledewitz Jan 2012

January 10, 2012: The Ministerial Exception Must Be Put On New Foundations, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Ministerial Exception Must be Put on New Foundations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz Jan 2012

Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz

Ledewitz Papers

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


Robert Taylor, An Appreciation, Bruce Ledewitz Jan 2012

Robert Taylor, An Appreciation, Bruce Ledewitz

Ledewitz Papers

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


Step Down, Justice Melvin, Bruce Ledewitz Dec 2011

Step Down, Justice Melvin, Bruce Ledewitz

Ledewitz Papers

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


Justice’S Suspension Is Dubious, Bruce Ledewitz Dec 2011

Justice’S Suspension Is Dubious, Bruce Ledewitz

Ledewitz Papers

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


December 10, 2011: “But What If History Has No Logos?”, Bruce Ledewitz Dec 2011

December 10, 2011: “But What If History Has No Logos?”, Bruce Ledewitz

Hallowed Secularism

Blog post, “ “But what if history has no logos?”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 5, 2011: What Is The Origin Of The Separation Of Church And State?, Bruce Ledewitz Nov 2011

November 5, 2011: What Is The Origin Of The Separation Of Church And State?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What is the Origin of the Separation of Church and State?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz Sep 2011

September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Scalia at Duquesne Law School“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy Jul 2011

The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy

Indiana Law Journal

No abstract provided.


May 30, 2011: Happy Memorial Day, Bruce Ledewitz May 2011

May 30, 2011: Happy Memorial Day, Bruce Ledewitz

Hallowed Secularism

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


It’S Time To Reconsider Graduation Prayer In Public High Schools, Bruce Ledewitz May 2011

It’S Time To Reconsider Graduation Prayer In Public High Schools, Bruce Ledewitz

Ledewitz Papers

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


May 3, 2011: The Military Killed The Man Responsible For The Sneak Attack On America, Bruce Ledewitz May 2011

May 3, 2011: The Military Killed The Man Responsible For The Sneak Attack On America, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Military Killed the Man Responsible for the Sneak Attack on America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making, Tom Goldstein, Amy Howe Apr 2011

But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making, Tom Goldstein, Amy Howe

Michigan Law Review

Chief Justice John Roberts famously described the ideal Supreme Court Justice as analogous to a baseball umpire, who simply "applies" the rules, rather than making them. Roberts promised to "remember that it's my job to call balls and strikes and not to pitch or bat." At her own recent confirmation hearings, Elena Kagan demurred, opining that Roberts's metaphor might erroneously suggest that "everything is clear-cut, and that there's no judgment in the process." Based on his 2009 book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution, Barry Friedman …


Assessing The State Of The State Constitutionalism, Jim Rossi Apr 2011

Assessing The State Of The State Constitutionalism, Jim Rossi

Michigan Law Review

Robert Williams's The Law of American State Constitutions is an impressive career accomplishment for one of the leading academic lawyers writing on state constitutions. Given the need for a comprehensive, treatise-like treatment of state constitutions that transcends individual jurisdictions, Williams's book will almost certainly become the go-to treatise for the next generation of state constitutional law practitioners and scholars. The U.S. Constitution has a grip on how the American legal mind approaches issues in American constitutionalism, but an important recurring theme in Williams's work (as well as that of others) is how state constitutions present unique interpretive challenges. More than …


Islam, Judaism And The Murders At Itamar, Bruce Ledewitz Mar 2011

Islam, Judaism And The Murders At Itamar, Bruce Ledewitz

Ledewitz Papers

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


What About The Morality Of Torture, Results Aside?, Bruce Ledewitz Mar 2011

What About The Morality Of Torture, Results Aside?, Bruce Ledewitz

Ledewitz Papers

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


The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz Jan 2011

The Incredible Shrinking Free Exercise Clause, Bruce Ledewitz

Ledewitz Papers

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


An Essay Concerning Judicial Resignation And Non-Cooperation In The Presence Of Evil, Bruce Ledewitz Jan 2011

An Essay Concerning Judicial Resignation And Non-Cooperation In The Presence Of Evil, Bruce Ledewitz

Ledewitz Papers

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


The Siren Song Of History: Originalism And The Religion Clauses, Jeffrey Shulman Jan 2011

The Siren Song Of History: Originalism And The Religion Clauses, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

It is hard to foresee much happiness in the lot of those seeking the original meaning of the Religion Clauses. We may acknowledge the opacity of the historical record, the variety of viewpoints held by founders forgotten and non-forgotten, the humanness of the founders who did not always practice what they preached, even the basic indeterminancy of language; still, we are seduced by the siren song of interpretive certainty. But the search for greater clarity is not without its payoff. As the three books under review here illustrate, the more we look for answers in the historical record, the more …


Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson Sep 2010

Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson

Michigan Law Review First Impressions

The Constitution's original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island's ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin's article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution's Commerce Clause a scope that virtually no one in the Founding Era believed it had.


Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer May 2010

Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer

William & Mary Bill of Rights Journal

No abstract provided.


Constitutional Caution, Bruce Ledewitz Apr 2010

Constitutional Caution, Bruce Ledewitz

Ledewitz Papers

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


The Future Of God—And Secularism, Bruce Ledewitz Mar 2010

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 Mar 2010

The Future Of God—And Secularism, Bruce Ledewitz

Ledewitz Papers

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