Constitutional Law Commons^™

Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz

Ledewitz Papers

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

The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz

Ledewitz Papers

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

The Priest-Penitent Privilege Revisited: A Reply To The Statutes Of Abrogation, Jude O. Ezeanokwasa

Intercultural Human Rights Law Review

There is no gainsaying the fact that the near-pandemic social ill of child sex abuse calls for urgent attention given the many dire effects of the crime. Harm to children is not suffered by them alone. The immediate family, parents, and friends also suffer with them. Moreover, society is burdened by the existence of child sex abuse as it is called on to restore the physical and mental health of these often traumatized younger members. To nip this problem in the bud, pursuing the philosophy of early detection, all fifty states, the District of Columbia, American Samoa, Guam, Puerto Rico, …

The Church Of Animal Liberation: Rights As 'Religion' Under The Free Exercise Clause, Bruce Friedrich

Animal Law Review

In this Article, I contend that a belief in animal liberation qual­ifies as religion under the Free Exercise Clause jurisprudence of the United States Constitution. Thus, every time a prison warden, public school teacher or administrator, or government employer refuses to accommodate the ethical belief of an animal liberationist, they are infringing on that person's relig­ious freedom, and they should have to satisfy the same consti­tutional or statutory requirements that would adhere were the asserted interest based on more traditional religious exercise. One possible solution to the widespread violations of the First Amendment rights of animal liberationists would be the …

Was The First Justice Harlan Anti-Chinese?, James W. Gordon

Faculty Scholarship

The first Justice John Marshall Harlan has long been recognized as a defender of Black civil rights. Yet some scholars challenge Harlan’s egalitarian reputation by arguing that he was anti-Chinese. In this Article, the Author discusses the evidence which has been offered to support the claim that Harlan was anti-Chinese and offers additional evidence never before presented to argue against this hypothesis. Harlan’s critics have assembled some evidence in a way that suggests Harlan had an anti-Chinese bias. The Author suggests that the evidence is ambiguous and that it can be assembled to produce a different picture from the one …

An Opinion For The Ages, Bruce Ledewitz

Ledewitz Papers

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

December 4, 2013: God Again, Or, Am I An Atheist?, Bruce Ledewitz

Hallowed Secularism

Blog post, “God Again, Or, Am I an Atheist?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Stretching Religious Liberty, Bruce Ledewitz

Ledewitz Papers

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

A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn

Seattle University Law Review

The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s guilty …

The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali

Seattle University Law Review

On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …

State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim

Seattle University Law Review

Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Seattle University Law Review

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …

Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin

Seattle University Law Review

Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the …

Mania: The Lives, Literature, And Law Of The Beats, Ronald K.L. Collins, David M. Skover

Seattle University Law Review

The Beats introduced the counter-culture to twentieth century America. They were the first to break away from Eisenhower conformity, from the era of the Man in the Grey Flannel Suit. With them came an infusion of rebel spirit—a spirit that hearkened back to Walt Whitman—in their lives, literature, and law. Their literature spawned a remarkable chapter in American obscenity law. The prosecution of Allen Ginsberg’s epic poem, Howl, was the last of its kind in this nation; and the prosecution of William Burroughs’s Naked Lunch is one of the last times that a novel was charged as obscene. The First …

November 8, 2013: Legislative Prayer, Bruce Ledewitz

Hallowed Secularism

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

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

Some Thoughts On Sanford Levinson’S “Divided Loyalties: The Problem Of 'Dual Sovereignty' And Constitutional Faith”, David Novak

Touro Law Review

Analyzes the two divided loyalties that Levinson faces in "Divided Loyalties: The Problem of 'Dual Sovereignty' and Constitutional Faith."

Union And States’ Rights: A History And Interpretation Of Interposition, Nullification, And Secession 150 Years After Sumter, Neil H. Cogan

University of Akron Press Publications

Edited by Neil H. Cogan, who is a well-versed legal scholar of constitutional law, civil rights, and civil and criminal procedures, this volume is a collection of papers on a central issue of governance in the United States; namely, what is the power of the States to object to and cancel Federal law with which they disagree. For eighty-one years, from the ratification of the Constitution to the end of the Civil War, this issue of State power was the central issue of governance. Chapters address the history and legal arguments for three assertions of such State power: interposition, nullification, …

August 9, 2013: The Christian Case Against Gay Marriage, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Christian Case Against Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 28, 2013: Pro-Life Liberalism, Bruce Ledewitz

Hallowed Secularism

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

July 14, 2013: Political Grandstanding On Gay Marriage, Bruce Ledewitz

Hallowed Secularism

Blog post, “Political Grandstanding on Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 11, 2013: Should We Discard The Constitution?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Should We Discard the Constitution?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz

Hallowed Secularism

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

June 29, 2013: The Other Side Of The Us Supreme Court Decisions, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Other Side of the US Supreme Court Decisions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 16, 2013: Was Schempp Such A Triumph?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Was Schempp Such a Triumph?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 9, 2013: Secular Discomfort At Shaming, Bruce Ledewitz

Hallowed Secularism

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

April 21, 2013: The Third Church/State Issues Symposium In Philadelphia, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Third Church/State Issues Symposium in Philadelphia“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Incorporation Doctrine: The Degradation Of State Sovereignty And The Ushering Of Federal Tyranny, Roland Al Achtau

Senior Honors Theses

Abstract

My senior thesis paper will discuss the incorporation doctrine of the Bill of Rights to state governments. The incorporation doctrine has been subject to extensive debate as to the proper relationship between state and federal sovereignty. Proponents of incorporation believe that the incorporation of the Bill of Rights limits state governments from using pre-Civil War practices (such as discrimination and inhumane treatment of persons) and thus would ensure greater liberty to individuals. However, opponents believe that such a transfer of power to the federal government can lead to the demise of state sovereignty and usurpation of national power. In …

April 13, 2013: Cherry Picking Religious Liberty, Bruce Ledewitz

Hallowed Secularism

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

Costs Immunity: Banishing The 'Bane' Of Costs From Public Interest Litigation, Martin Twigg

Dalhousie Law Journal

For litigants raising a matter of public interest, the possibility of facing an adverse costs award if unsuccessful may act as a deterrent to pursuing their legal claim. The author evaluates a form of costs order called "costs immunity," referred to as "protective costs orders" (PCOs) in the U.K., as a means of removing the deterrent effect of costs on public interest litigants. Part Iprovides an overview of costs law in Canada. Part // reviews the various types of costs orders employed by Canadian courts to facilitate access to justice in public interest litigation. Part Ill explores the English experience …