Constitutional Law Commons^™

August 23, 2018: Busy Day For Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

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

August 15, 2018: The Catholic Church Child Abuse Scandal Comes Out, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Catholic Church Child Abuse Scandal Comes Out“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 12, 2018: Decent Republicans, Especially Law Professors, Have Got To Stop Voter Suppression, Bruce Ledewitz

Hallowed Secularism

Blog post, “Decent Republicans, Especially Law Professors, Have Got to Stop Voter Suppression“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 27, 2018: Special Prosecutors Are A Menace, Bruce Ledewitz

Hallowed Secularism

Blog post, “Special Prosecutors Are a Menace“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 24, 2018: But Why Do Immigrants Vote Democratic?, Bruce Ledewitz

Hallowed Secularism

Blog post, “But Why Do Immigrants Vote Democratic?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 14, 2018: Disgraceful Democratic Party Defense Of Peter Strzok, Bruce Ledewitz

Hallowed Secularism

Blog post, “Disgraceful Democratic Party Defense of Peter Strzok“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 10, 2018: Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors, Bruce Ledewitz

Hallowed Secularism

Blog post, “Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 1, 2018: Can We Agree That Not Everything Unions Do Is Speech, Bruce Ledewitz

Hallowed Secularism

Blog post, “Can We Agree that not Everything Unions Do is Speech“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Unusual: The Death Penalty For Inadvertent Killing, Brenner M. Fissell, Guyora Binder, Robert Weisberg

Faculty Publications

Can a burglar who frightens the occupant of a house, causing a fatal heart attack, be executed? More generally, does the Eighth Amendment permit capital punishment of one who causes death inadvertently? This scenario is possible in the significant minority of American jurisdictions that permit capital punishment for felony murder without requiring a mental state of intent to kill or reckless indifference to human life. Thus far, Eighth Amendment death penalty jurisprudence has required a culpable mental state of recklessness for execution of accomplices in a fatal felony, but has not yet addressed the culpability required for execution of the …

Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz

Ledewitz Papers

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

June 26, 2018: Liberal Inconsistency And Arrogance, Bruce Ledewitz

Hallowed Secularism

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

June 15, 2018: What Is Wrong?, Bruce Ledewitz

Hallowed Secularism

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

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …

Why Won't Free Speech Save Us?, Bruce Ledewitz

Ledewitz Papers

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

June 5, 2018: Yes, The President Can Pardon Himself And This Court Is Going To Vote For Religious Believers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Yes, the President Can Pardon Himself and This Court is Going to Vote for Religious Believers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Foreword, Daniel B. Rodriguez

Northwestern University Law Review

No abstract provided.

May 24, 2018: “The Policy May Be Debatable, But The Law Is Clear”, Bruce Ledewitz

Hallowed Secularism

Blog post, “The policy may be debatable, but the law is clear” discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Sports Betting, Federalism And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] Justice Sandra Day O'Connor has described federalism - how the Constitution divides powers between the federal government and the states - as "perhaps our oldest question of constitutional law."

This past week, the United States Supreme Court returned to this oldest of constitutional questions to strike down a federal law that had prohibited stats from authorizing betting on competitive sporting events.

Constitutional Injury And Tangibility, Rachel Bayefsky

William & Mary Law Review

The Supreme Court, in the 2016 case Spokeo, Inc. v. Robins, announced a framework for determining whether a plaintiff had alleged an injury that would permit entry into federal court. The Court indicated that a plaintiff, in order to have constitutional standing, needed to suffer harm that was “concrete” or “real.” In explaining how courts could ascertain whether an alleged harm was concrete, the Court created a category of “intangible” harm subject to a distinctive, and arguably more demanding, concreteness inquiry than “tangible” harm, a category that seemingly includes only physical or economic harm. In particular, Spokeo directed courts …

May 11, 2018: Another Mistake By President Trump, Bruce Ledewitz

Hallowed Secularism

Blog post, “Another Mistake by President Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Employment Discrimination And The Domino Effect, Laura T. Kessler

Utah Law Faculty Scholarship

Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees’ responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant respects. First, Title VII’s major proof structures divide employment discrimination into discrete categories, for example, disparate treatment, disparate impact, and sexual harassment. This compartmentalization does not account for the fact that protected employees often concurrently experience more than one form of discriminatory exclusion. The various types of exclusion often add up to significant inequalities, even though seemingly insignificant when considered …

April 25, 2018: It’S The Stupid Tax Cut, Bruce Ledewitz

Hallowed Secularism

Blog post, “It’s the Stupid Tax Cut“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 20, 2018: Acts Of Legislative Hatred, Bruce Ledewitz

Hallowed Secularism

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

April 14, 2018: “No Pardon For Trump”, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Pardon for Trump” discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 28, 2018: Is Donald Trump The Antichrist?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Donald Trump the Antichrist?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 4, 2018: Privatizing Government Policy, Bruce Ledewitz

Hallowed Secularism

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

March 1, 2018: Want To Make America Great? Pay Your Bills, Bruce Ledewitz

Hallowed Secularism

Blog post, “Want to Make America Great? Pay Your Bills“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.

February 20, 2018: Just A Judicial Power Grab, Bruce Ledewitz

Hallowed Secularism

Blog post, “Just a Judicial Power Grab“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

February 17, 2018: Nihilism, Opioid Epidemics And School Shootings, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Nihilism, Opioid Epidemics and School Shootings“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.