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Articles 511 - 540 of 919
Full-Text Articles in Constitutional Law
November 14, 2012: No, Corporations Do Not Have Religious Rights, Bruce Ledewitz
November 14, 2012: No, Corporations Do Not Have Religious Rights, Bruce Ledewitz
Hallowed Secularism
Blog post, “No, Corporations Do Not Have Religious Rights“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
California's Constitutional Right To Privacy, J. Clark Kelso
California's Constitutional Right To Privacy, J. Clark Kelso
Pepperdine Law Review
No abstract provided.
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Pepperdine Law Review
No abstract provided.
November 9, 2012: Time To Repeal Campaign Contribution Limits, Bruce Ledewitz
November 9, 2012: Time To Repeal Campaign Contribution Limits, Bruce Ledewitz
Hallowed Secularism
Blog post, “Time to Repeal Campaign Contribution Limits“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Cherokee Nation: A Question Of Sovereignty, Lydia Magyar
The Cherokee Nation: A Question Of Sovereignty, Lydia Magyar
Senior Honors Theses
The history of the Cherokee people with the advent of white settlers in North America is a sad one. Long before Christopher Columbus set foot in the ‘new world’ the Cherokee people were free to live and conduct their relations with each other and with other tribes as they saw fit. With the emergence of foreign hegemony over Native soil followed the suppression and eventual removal of the Cherokee people from their homeland where they had resided for hundreds of years to a reserved area where they would be out of the way of white progression. This thesis proposes to …
August 24, 2012: Abortion And Rape, Bruce Ledewitz
August 24, 2012: Abortion And Rape, Bruce Ledewitz
Hallowed Secularism
Blog post, “Abortion and Rape“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 1, 2012: The Significance Of The Obamacare Decision, Bruce Ledewitz
July 1, 2012: The Significance Of The Obamacare Decision, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Significance of the Obamacare Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton
Faculty Publications
No abstract provided.
June 8, 2012: How Do The Draft Cases Aid In Resolution Of The Culture Wars?, Bruce Ledewitz
June 8, 2012: How Do The Draft Cases Aid In Resolution Of The Culture Wars?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Do the Draft Cases Aid in Resolution of the Culture Wars?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 2, 2012: Massachusetts V. United States Department Of Health And Human Services, Bruce Ledewitz
June 2, 2012: Massachusetts V. United States Department Of Health And Human Services, Bruce Ledewitz
Hallowed Secularism
Blog post, “ MASSACHUSETTS v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz
May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “Seeger—an Extraordinary Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 15, 2012: Religion At Occupy Wall Street, Bruce Ledewitz
May 15, 2012: Religion At Occupy Wall Street, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religion at Occupy Wall Street“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Political Science Honors Projects
This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.
Avoiding Independent Agency Armageddon, Kent H. Barnett
Avoiding Independent Agency Armageddon, Kent H. Barnett
Scholarly Works
In Free Enterprise Fund v. Public Company Accounting Oversight Board, the U.S. Supreme Court invalidated Congress’ use of two layers of tenure protection to shield Public Company Accounting Oversight Board (PCAOB) members from the President’s removal. The SEC could appoint and remove PCAOB members. An implied tenure-protection provision protected the SEC from the President’s at-will removal. And a statutory tenure-protection provision protected PCAOB members from the SEC’s at-will removal. The Court held that these “tiered” tenure protections unconstitutionally impinged upon the President’s removal power because they prevented the President from holding the SEC responsible for PCAOB’s actions in the same …
April 20, 2012: Back To The Bishops, Bruce Ledewitz
April 20, 2012: Back To The Bishops, Bruce Ledewitz
Hallowed Secularism
Blog post, “Back to the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 4, 2012: Samuel Moyn’S Questions About Church, State, And The Crisis In American Secularism, Bruce Ledewitz
April 4, 2012: Samuel Moyn’S Questions About Church, State, And The Crisis In American Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Samuel Moyn’s Questions about Church, State, and the Crisis in American Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Fundamental Rights Case Masquerading as a Commerce Clause Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Any Other Pro-Life People Outraged and Embarrassed?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz
February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Do Pacifists Have to Pay All Their Federal Taxes?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 12, 2012: The New Foundations Of The Ministerial Exception, Bruce Ledewitz
January 12, 2012: The New Foundations Of The Ministerial Exception, Bruce Ledewitz
Hallowed Secularism
Blog post, “The New Foundations of the Ministerial Exception“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Robert Taylor, An Appreciation, Bruce Ledewitz
Robert Taylor, An Appreciation, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Under The Lens Of The Constitution: The Ndaa's Detainee Provisions And The Fifth Amendment's Guarantee Of Equal Protection, Stephen Consuegra
Under The Lens Of The Constitution: The Ndaa's Detainee Provisions And The Fifth Amendment's Guarantee Of Equal Protection, Stephen Consuegra
St. Thomas Law Review
The crux of this article discusses Congress's passage of the unequal detainee provisions under the NDAA and its equal protection issues under the Fifth Amendment to the Constitution. Part II begins with a discussion on the impetus for congressional passage of the Authorization for Use of Military Force ("AUMF") and its development under the laws of war. Next, Part III analyzes United States Supreme Court precedent that previously interpreted the scope of presidential power under the AUMF and explores its implications for purposes of understanding the NDAA's detainee provisions. Part IV follows with a discussion on the NDAA's detainee provisions, …
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
Lower Court Constitutionalism: Circuit Court Discretion In A Complex Adaptive System, Doni Gewirtzman
American University Law Review
While federal circuit courts play an essential role in defining what the Constitution means, one would never know it from looking at most constitutional scholarship. The bulk of constitutional theory sees judge-made constitutional law through a distorted lens, one that focuses solely on the Supreme Court with virtually no attention paid to other parts of the judicial hierarchy. On the rare occasions where circuit courts appear on the radar screen, they are treated either as megaphones for communicating the Supreme Court’s directives or as tools for implementing the theorist’s own interpretive agenda. Both approaches would homogenize the way circuit courts …
Modeling The Second Amendment Right To Carry Arms (I): Judicial Tradition And The Scope Of "Bearing Arms" For Self-Defense, Michael P. O'Shea
Modeling The Second Amendment Right To Carry Arms (I): Judicial Tradition And The Scope Of "Bearing Arms" For Self-Defense, Michael P. O'Shea
American University Law Review
This Article sheds light on a major constitutional question opened up by the United States Supreme Court’s landmark decisions in District of Columbia v. Heller and McDonald v. City of Chicago: Does the Second Amendment “right to bear arms” include a right to carry a handgun for self-defense outside the home? Some courts and commentators have declared that Heller held that the Second Amendment right is limited to the home, so that restrictions on handgun carrying do not even fall within the scope of the Second Amendment. Others assert that the potential applicability of the right to bear arms outside …
Constitution Day 2012: The American Judiciary, Robert Berry
Constitution Day 2012: The American Judiciary, Robert Berry
Librarian Publications
Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
Scholarly Works
This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …
Rehnquist's Missing Letter: A Former Law Clerk's 1955 Thoughts On Justice Jackson And Brown, John Q. Barrett, Brad Snyder
Rehnquist's Missing Letter: A Former Law Clerk's 1955 Thoughts On Justice Jackson And Brown, John Q. Barrett, Brad Snyder
Faculty Publications
"I think that Plessy v. Ferguson was right and should be reaffirmed." That's what Supreme Court law clerk William H. Rehnquist wrote privately in December 1952 to his boss, Justice Robert H. Jackson. When the memorandum was made public in 1971 and Rehnquist's Supreme Court confirmation hung in the balance, he claimed that the memorandum reflected Jackson's views, not Rehnquist's. Rehnquist was confirmed, but his explanation triggered charges that he had lied and smeared the memory of one of the Court's most revered justices. This Essay analyzes a newly discovered document—a letter Rehnquist wrote to Justice Felix Frankfurter in 1955, …
The Anti-Messiness Principle In Statutory Interpretation, Anita S. Krishnakumar
The Anti-Messiness Principle In Statutory Interpretation, Anita S. Krishnakumar
Faculty Publications
Many of the Supreme Court's statutory interpretation opinions reflect a juisprudential aversion to interpreting statutes in a manner that will prove "messy" for implementing courts to administer. Yet the practice of construing statutes to avoid "messiness" has gone largely unnoticed in the statutory interpretation literature. This Article seeks to illuminate the Court's use of "anti-messiness" arguments to interpret statutes and to bring theoretical attention to the principle of "messiness" avoidance. The Article begins by defining the concept of anti-messiness and providing a typology of common anti-messiness arguments used by the Supreme Court. It then considers some dangers inherent in the …
December 31, 2011: The Conflict Between The Catholic Church And Government Regulations, Bruce Ledewitz
December 31, 2011: The Conflict Between The Catholic Church And Government Regulations, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Conflict Between the Catholic Church and Government Regulations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.