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Articles 391 - 420 of 919
Full-Text Articles in Constitutional Law
September 6, 2015: Kim Davis Is No Religious Martyr, No Prisoner Of Conscience, Bruce Ledewitz
September 6, 2015: Kim Davis Is No Religious Martyr, No Prisoner Of Conscience, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Kim Davis is No Religious Martyr, No Prisoner of Conscience“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 26, 2015: Introducing Constitutional Law In The Midst Of The Plight, Bruce Ledewitz
August 26, 2015: Introducing Constitutional Law In The Midst Of The Plight, Bruce Ledewitz
Hallowed Secularism
Blog post, “Introducing Constitutional Law in the Midst of the Plight“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 15, 2015: No Religious Right To Refuse Government Service, Bruce Ledewitz
August 15, 2015: No Religious Right To Refuse Government Service, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Religious Right to Refuse Government Service“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Dangerous Right To Food Choice, Samuel R. Wiseman
The Dangerous Right To Food Choice, Samuel R. Wiseman
Seattle University Law Review
Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …
Ag Gag Past, Present, And Future, Justin F. Marceau
Ag Gag Past, Present, And Future, Justin F. Marceau
Seattle University Law Review
While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns
Seattle University Law Review
Public school funding has been contentiously litigated throughout the United States, and the Washington Supreme Court has addressed the inadequacy of public school funding in two pivotal cases: Seattle School District No. 1 v. State and McCleary v. State. In both decisions, the Washington Supreme Court held that the State failed to provide an adequate basic education for its public school students; however, in its attempt to remedy the situation, the court took drastically different approaches.
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Seattle University Law Review
Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
Seattle University Law Review
The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made in the form of crop insurance. Until 2014, the majority of subsidies were direct payments and the identity of the people who received them was public information. In fact, the Environmental Working Group’s release of the list of recipients led to a series of …
June 27, 2015: The Supreme Court's Week, Bruce Ledewitz
June 27, 2015: The Supreme Court's Week, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Supreme Court's Week“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern
Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern
Pace Law Review
This article addresses the issue of the preclusion of jury trials in actions which contemplate both legal and equitable relief. Part II of this article addresses the constitutional and statutory history of New York Civil Practice Law and Rules (“CPLR”) Section 4101 concerning issues triable by a jury and the dichotomy between those actions triable by a jury and equitable actions triable by the court alone. Part III of this article addresses the interplay between CPLR Sections 4101 and 4102, concerning demand and waiver of trial by jury, and the analysis developed by the courts to determine whether a jury …
Autism Charter Schools: Legally Vulnerable Or Viable?, Janet R. Decker, Keshia Seitz, Bruce Kulwicki
Autism Charter Schools: Legally Vulnerable Or Viable?, Janet R. Decker, Keshia Seitz, Bruce Kulwicki
Indiana Journal of Law and Social Equality
Perhaps due to the dramatic increase in children diagnosed with autism, a new type of charter school has emerged that is designed to specifically serve students with autism. If these autism charter schools illegally segregate students with autism from typically developing peers, they are vulnerable to legal challenges. In this Article, we identified many constitutional and statutory violations that could exist at autism charter schools; however, our review of the litigation found that autism charter schools have not been challenged for these legal violations. Instead, we found only one charter school case alleging segregation based on ability level and eight …
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul
Political Science Honors Projects
The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.
April 20, 2015: Campaign Finance Becomes An Issue, Bruce Ledewitz
April 20, 2015: Campaign Finance Becomes An Issue, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Campaign Finance Becomes an Issue“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
April 3, 2015: Making The Worst Of Religion, Bruce Ledewitz
April 3, 2015: Making The Worst Of Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Making the Worst of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 29, 2015: How To Think About Religious Exemptions, Bruce Ledewitz
March 29, 2015: How To Think About Religious Exemptions, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Think about Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 14, 2015: Would Prosperity Matter?, Bruce Ledewitz
March 14, 2015: Would Prosperity Matter?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Would Prosperity Matter?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 31, 2015: How To Think About Constitutional Government, Bruce Ledewitz
January 31, 2015: How To Think About Constitutional Government, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Think About Constitutional Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 24, 2015: More Nihilism On Abortion, Bruce Ledewitz
January 24, 2015: More Nihilism On Abortion, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Nihilism on Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 21, 2015: We’Re On A Crash Course, Bruce Ledewitz
January 21, 2015: We’Re On A Crash Course, Bruce Ledewitz
Hallowed Secularism
Blog post, “We’re On a Crash Course“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
An Addendum In Light Of Recent Developments, Bruce Ledewitz
An Addendum In Light Of Recent Developments, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Inalienable Right To Stand Your Ground, Joshua Prince, Allen Thompson
The Inalienable Right To Stand Your Ground, Joshua Prince, Allen Thompson
St. Thomas Law Review
This Article seeks to open a dialogue about an individual's inalienable Right to Self-Defense and the interplay between that Right and Stand Your Ground doctrines. In Section II, this Article will present an overview of what, precisely, a Stand Your Ground statute actually encompasses and permits, as many misconceptions have arisen as to the effect of a Stand Your Ground law. Due to the position many political groups have taken, as well as inaccurate news reporting by the media, there is a mistaken belief that Stand Your Ground laws allow a shooter to become "judge, jury, and executioner." In Section …
Robots In The Home: What Will We Have Agreed To?, Margot E. Kaminski
Robots In The Home: What Will We Have Agreed To?, Margot E. Kaminski
Publications
A new technology can expose the cracks in legal doctrine. Sometimes a technology resists analogy. Sometimes, through analogies, it reveals inconsistencies in the law, or basic flaws in framing, or in the fit between different parts of the legal system. This Essay addresses robots in the home, and what they reveal about U.S. privacy law. Household robots might not themselves uproot U.S. privacy law, but they will reveal its inconsistencies, and show where it is most likely to fracture. Just as drones are serving as a legislative “privacy catalyst” — encouraging the enactment of new privacy laws as people realize …
December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz
December 14, 2014: The Tough Guys Who Favor Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Tough Guys Who Favor Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 11, 2014: No Justification For Torture, Bruce Ledewitz
December 11, 2014: No Justification For Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “No Justification for Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 6, 2014: The Death Of Meaning In Law And Life, Bruce Ledewitz
December 6, 2014: The Death Of Meaning In Law And Life, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Death of Meaning in Law and Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 30, 2014: More Reasons The Democratic Party Coalition Collapsed, Bruce Ledewitz
November 30, 2014: More Reasons The Democratic Party Coalition Collapsed, Bruce Ledewitz
Hallowed Secularism
Blog post, “More Reasons the Democratic Party Coalition Collapsed“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Supreme Court, Queens County, People V. Michaelides, Christin Harris
Supreme Court, Queens County, People V. Michaelides, Christin Harris
Touro Law Review
No abstract provided.