Constitutional Law Commons^™

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz

Ledewitz Papers

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

Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz

Ledewitz Papers

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

Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz

Ledewitz Papers

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

Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover

Michigan Law Review

A Review of Encyclopedia of the American Constitution by Leonard Levy, Kenneth Karst and Dennis Mahoney

Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks

Michigan Law Review

A Review of Constitutional Opinions: Aspects of the Bill of Rights by Leonard W. Levy

The Believer And The Powers That Are, Elizabeth Ferguson

Michigan Law Review

A Review of The Believer and the Powers That Are by John T. Noonan, Jr.

The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan

Michigan Law Review

A Review of The Enduring Constitution: A Bicentennial Perspective by Jethro K. Lieberman

Justices Don't Own The Constitution, Bruce Ledewitz

Ledewitz Papers

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

Is The Death Penalty Good For Us?, Bruce Ledewitz

Ledewitz Papers

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

To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz

Ledewitz Papers

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

Human Rights: Two Hundred Years Of Constitutional Experience In The United States, Robert S. Barker

Barker Papers

The study of the United States Constitution is not the exclusive province of any one discipline or profession. But, the history of the United States has demonstrated that the Constitution, particularly in its human rights aspects, is preeminently a legal document. As Tocqueville said a century and a half ago, "There is hardly a political question in the United States which does not sooner or later turn into a judicial one." This paper explains both the historical format and its jurisprudential emphasis.

Challenge To The First Amendment, Bruce Ledewitz

Ledewitz Papers

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

The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz

Ledewitz Papers

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

A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz

Ledewitz Papers

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

Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, and Charles F. Wilkinson.

This conference focused on the legal rights associated with a broad range of public uses and interests in water including recreation, fish and wildlife protection, and water quality. Evolving legal areas such as the public trust doctrine, instream flow laws, federal reserved rights, and wetlands protection were discussed.

Water as a Public Resource: Emerging Rights and Obligations considered the extension of the public trust doctrine to areas previously not covered by this concept, as well as developments in …

No State Shall Abridge: The Fourteenth Amendment And The Bill Of Rights, Mark A. Grannis

Michigan Law Review

A Review of No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights by Michael Kent Curtis

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Ledewitz Papers

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

The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

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

Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt

Journal Articles

In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.

Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White

Other Publications

The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of …

Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck

West Virginia Law Review

No abstract provided.

The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz

Ledewitz Papers

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

Monzo Raises Taxing Issue, Bruce Ledewitz

Ledewitz Papers

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

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

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

Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz

Ledewitz Papers

Paper submitted to the Outreach Program of the Democratic Policy Commission to "identify emerging ideas and policy innovations among Democratic constituency groups, academics, policy experts and public officials." (Appendix D, p. 71) All papers were then reviewed by a group of volunteer policy specialists and their abstracts were subsequently "published and distributed at the appropriate Regional Round tables. All papers submitted were thereby made available to commission members and to other interested parties" (Id.). "Tales of the Donkey - A New Future for the Democratic Party" was submitted to the Democratic Policy Commission on Cross -Cutting Issues Affecting the Democratic …

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

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

Nontributary Ground Water: A Continuing Dilemma, William A. Paddock

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

47 pages.

Contains 2 pages of footnotes.

Con Law Limit Is Eroding, Bruce Ledewitz

Ledewitz Papers

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

Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet

Michigan Law Review

The focus in constitutional theory on judicial review rests on a much deeper political theory than the phrase "countermajoritarian difficulty" standing alone suggests. Majoritarian or democratic decision making is itself a solution to a set of problems that arise from a particular view of human nature and political action. In this Article, I identify, explicate, and criticize some recent developments in constitutional theory which are of interest to the extent that they reject that view of human nature and politics. I take as my focus important articles by Robert Burt, Robert Cover, Owen Fiss, Frank Michelman, and Cass Sunstein. I …

The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce

Michigan Law Review

This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.