Constitutional Law Commons^™

A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz

Ledewitz Papers

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

February 1, 2018: Where’S The Crime? Release The Memo, Bruce Ledewitz

Hallowed Secularism

Blog post, “Where’s the Crime? Release the Memo“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 28, 2018: Two Stories Perfectly Illustrate Our Deadlock, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Stories Perfectly Illustrate Our Deadlock“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 14, 2018: What President Trump Is Accomplishing, Bruce Ledewitz

Hallowed Secularism

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

January 9, 2018: Dangerous Hypocrisy On The Right, Bruce Ledewitz

Hallowed Secularism

Blog post, “Dangerous Hypocrisy on the Right“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

January 6, 2018: Greetings From San Diego, Bruce Ledewitz

Hallowed Secularism

Blog post, “Greetings from San Diego“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

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

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

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

When I Left The Darwin Day Committee, Bruce Ledewitz

Ledewitz Papers

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

Private Habeas, Chris Kozak

Intercultural Human Rights Law Review

Half a century ago, Abraham Maslow demonstrated that conditioning a person's physical safety on their participation in some higher-order social project is sheer madness. Yet this is exactly what federal immigration law does to undocumented victims of human trafficking. To receive a visa, victims must first convince Donald Trump's immigration officials-who have a strong interest in deporting them-that they are, in fact, victims. They also must cooperate fully in the prosecution of their trafficker, a process over which they have no real control. This is not a new complaint. Advocates have been frustrated by this myopia for a long time. …

Lethal Injection Or Lethal Litigation: Florida's Amended Lethal Injection Protocol Opens The Door For Cries Of Cruel And Unusual Punishment, Cynthia Ventura

St. Thomas Law Review

In Florida, lethal injection has been the primary method of execution since the 1990s. The Florida Department of Corrections recently amended its protocol by replacing all three drugs previously used. The first administered lethal dose is now etomidate, an anesthetic that has never been used in the United States as a lethal injection drug. This Comment discusses the lack of empirical research available to support the state of Florida's use of etomidate as an appropriate method of rendering a prisoner unconscious prior to administering the second and third injections. First, this Comment will provide a brief background of the history …

Falcon V. State: Should The Florida Supreme Court Have Opened The Door For Sentencing Review Of Juveniles Sentenced To Life In Prison For Murder?, Jamie L. Wilson

St. Thomas Law Review

This Comment addresses the implications on victim's families and society regarding the resentencing and future sentencing of juveniles who have been convicted of murder. Specifically, this Comment will focus on the factors judges are required to consider before a life sentence is imposed, while proposing a solution to balance the factors in order to ensure victim's rights are not overlooked. Part II explores the required juvenile sentencing factors mandated by the United States Supreme Court in Miller, and further explores Florida's response as evidenced in Falcon, Atwell v. State, and Landrum v. State. Part II further discusses Florida's previous statutory …

Admissibility And Constitutional Issues Of The Concealed Information Test In American Courts: An Update, John B. Meixner Jr.

Scholarly Works

The use of physiological tools to detect incidentally acquired concealed knowledge about crime-related information has been a controversial and well-researched topic among scholars for well over 100 years. This chapter focuses on potential legal hurdles for courtroom use of concealed information tests, including admissibility issues and constitutional issues under the Fourth and Fifth Amendments to the US Constitution.

Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause, Carla F. Fredericks, Jesse D. Heibel

Publications

The controversy surrounding the Dakota Access Pipeline (“DAPL”) has put the peaceful plains of North Dakota in the national and international spotlight, drawing thousands of people to the confluence of the Missouri and Cannonball Rivers outside of Standing Rock Sioux Reservation for prayer and peaceful protest in defense of the Sioux Tribes’ treaties, lands, cultural property, and waters. Spanning over 7 months, including the harsh North Dakota winter, the gathering was visited by indigenous leaders and communities from around the world and represents arguably the largest gathering of indigenous peoples in the United States in more than 100 years.

At …

Beyond The Bosses' Constitution: The First Amendment And Class Entrenchment, Jedediah S. Purdy

Faculty Scholarship

The Supreme Court’s “weaponized” First Amendment has been its strongest antiregulatory tool in recent decades, slashing campaign-finance regulation, public-sector union financing, and pharmaceutical regulation, and threatening a broader remit. Along with others, I have previously criticized these developments as a “new Lochnerism.” In this Essay, part of a Columbia Law Review Symposium, I press beyond these criticisms to diagnose the ideological outlook of these opinions and to propose an alternative. The leading decisions of the antiregulatory First Amendment often associate free speech with a vision of market efficiency; but, I argue, closer to their heart is antistatist fear of entrenchment …

December 20, 2017: America In Retreat, Bruce Ledewitz

Hallowed Secularism

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

December 10, 2017: When Can Due Process Be Dispensed With?, Bruce Ledewitz

Hallowed Secularism

Blog post, “When Can Due Process Be Dispensed With?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 29, 2017: The Acting Director And The Rule Of Law, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Acting Director and the Rule of Law“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 21, 2017: The Revenge Of Ruth Ann Dailey, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Revenge of Ruth Ann Dailey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 31, 2017: Is This Collusion?, Bruce Ledewitz

Hallowed Secularism

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

Public Expertise Of Draft Laws – As An Important Form Of Public Control, X. Xayitov

Review of law sciences

This article studies the significance of public expertise in drafting laws, which strengthen legal bases of democratic reforms, aim of expertise and its importance. Some suggestions on improvement of the legal mechanism of public expertise are developed.

November 7, 2017: “An Act Of Pure Evil”, Bruce Ledewitz

Hallowed Secularism

Blog post, “An Act of Pure Evil” discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 4, 2017: America Is Recovering From President Obama, Bruce Ledewitz

Hallowed Secularism

Blog post, “America is Recovering from President Obama“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

October 1, 2017: Debate On Originalism, Bruce Ledewitz

Hallowed Secularism

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

August 16, 2017: Moral, Historical And Legal Confusions Over Charlottesville, Bruce Ledewitz

Hallowed Secularism

Blog post, “Moral, Historical and Legal Confusions over Charlottesville“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz

Ledewitz Papers

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

July 20, 2017: Are Trump Supporters Moral Heroes On Healthcare?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Are Trump Supporters Moral Heroes on Healthcare?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 15, 2017: More Russia, Bruce Ledewitz

Hallowed Secularism

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

‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz

Ledewitz Papers

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

July 2, 2017: Trinity Lutheran Church Case Shows There Is No Originalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Trinity Lutheran Church Case Shows There is no Originalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.