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Articles 631 - 660 of 919

Full-Text Articles in Constitutional Law

Fair Measure Of The Right To Vote: A Comparative Perspective Of Voting Rights Enforcement In A Maturing Democracy, Janai S. Nelson Jan 2010

Fair Measure Of The Right To Vote: A Comparative Perspective Of Voting Rights Enforcement In A Maturing Democracy, Janai S. Nelson

Faculty Publications

Constitutional text and government action are at times discordant in important ways. This discrepancy occurs in both mature and emerging democracies. It can result in the underenforcement of constitutional norms and implicate the rule of law. When the constitutional norm involves the right to vote, the gap between constitutions and governance inevitably triggers concerns about democracy as well. There is rich and ample debate within American legal scholarship over the effect of the underenforcement of constitutional norms on the scope and meaning of the norm. The arguments generally fall into one of two camps. One strand of argument suggests that …


Statutory Interpretation In The Roberts Court's First Era: An Empirical And Doctrinal Analysis, Anita S. Krishnakumar Jan 2010

Statutory Interpretation In The Roberts Court's First Era: An Empirical And Doctrinal Analysis, Anita S. Krishnakumar

Faculty Publications

This Article examines the Roberts Court's statutory cases from its 2005-2008 Terms, beginning with cases decided after January 31, 2006, when Justice Alito joined the Court, and concluding with cases decided on June 29, 2009, when Justice Souter retired. The Article's approach is both empirical and doctrinal, in that it (1) presents descriptive statistics illustrating the Court's and individual Justices' rates of reliance on fourteen different tools of statutory construction, and (2) engages in doctrinal analysis of the Court's statutory cases, highlighting discernable patterns in the individual Justices' interpretive approaches. The Article makes two significant contributions to the field of …


The National Individual Health Insurance Mandate: Ethics And The Constitution, Lawrence O. Gostin Jan 2010

The National Individual Health Insurance Mandate: Ethics And The Constitution, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Within weeks, after signing the nation’s first comprehensive health insurance reform, twenty states filed lawsuits challenging the constitutionality of the Bill’s most politically charged feature—an individual purchase mandate. If anything, the tax penalty is too low compared with the cost of insurance, so it may not sufficiently incentivize healthy individuals. But it remains deeply controversial because it compels individuals to purchase coverage they choose not to have, raising the question whether Congress can lawfully and ethically require individuals to contract with, and transfer money to, a private party. To be sure, the individual mandate lacks a clear American precedent. (It …


November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz Nov 2009

November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Yale Press Decision Not to Publish the Cartoons of Muhammad“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz Nov 2009

November 11, 2009: No Religious Extremists In The Military, Bruce Ledewitz

Hallowed Secularism

Blog post, “No Religious Extremists in the Military“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz Nov 2009

November 8, 2009: The Role Of Religion In Building Coalitions Over Healthcare, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Role of Religion in Building Coalitions Over Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz Nov 2009

November 6, 2009: Hopeful Signs In The Vote In Maine, Bruce Ledewitz

Hallowed Secularism

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


October 7, 2009: The Temptations Of Standing, Bruce Ledewitz Oct 2009

October 7, 2009: The Temptations Of Standing, Bruce Ledewitz

Hallowed Secularism

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


The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz Oct 2009

The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz

Nebraska State Constitution

No abstract provided.


September 21, 2009: Acorn’S Crime Is Organizing Poor People, Bruce Ledewitz Sep 2009

September 21, 2009: Acorn’S Crime Is Organizing Poor People, Bruce Ledewitz

Hallowed Secularism

Blog post, “ACORN’s Crime is Organizing Poor People“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


“God” Is Just Another Word, Bruce Ledewitz Sep 2009

“God” Is Just Another Word, Bruce Ledewitz

Ledewitz Papers

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


Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz Sep 2009

Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz

Ledewitz Papers

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


July 27, 2009: Food Inc., Bruce Ledewitz Jul 2009

July 27, 2009: Food Inc., Bruce Ledewitz

Hallowed Secularism

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


July 25, 2009: Common Ground On Everything But Abortion, Bruce Ledewitz Jul 2009

July 25, 2009: Common Ground On Everything But Abortion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Common Ground on Everything But Abortion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 19, 2009: Getting Jesus Out Of The Legislature, Bruce Ledewitz Jul 2009

July 19, 2009: Getting Jesus Out Of The Legislature, Bruce Ledewitz

Hallowed Secularism

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


July 9, 2009: How Is The Constitution Interpreted?, Bruce Ledewitz Jul 2009

July 9, 2009: How Is The Constitution Interpreted?, Bruce Ledewitz

Hallowed Secularism

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


July 4, 2009: How Will The Children Of Secularists Return To Religion?, Bruce Ledewitz Jul 2009

July 4, 2009: How Will The Children Of Secularists Return To Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Will the Children of Secularists Return to Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 30, 2009: Rabbi Jill Jacobs On Public Judaism, Bruce Ledewitz Jun 2009

June 30, 2009: Rabbi Jill Jacobs On Public Judaism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Rabbi Jill Jacobs on Public Judaism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 28, 2009: "Is Democracy Possible Here?", Bruce Ledewitz Jun 2009

June 28, 2009: "Is Democracy Possible Here?", Bruce Ledewitz

Hallowed Secularism

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


June 26, 2009: No Political Wall Of Separation, Bruce Ledewitz Jun 2009

June 26, 2009: No Political Wall Of Separation, Bruce Ledewitz

Hallowed Secularism

Blog post, No Political Wall of Separation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 2, 2009: Who Is Responsible For The Murder Of Dr. George Tiller?, Bruce Ledewitz Jun 2009

June 2, 2009: Who Is Responsible For The Murder Of Dr. George Tiller?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Who is Responsible for the Murder of Dr. George Tiller?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 27, 2009: Judge Sonia Sotomayor And Judicial Activism, Bruce Ledewitz May 2009

May 27, 2009: Judge Sonia Sotomayor And Judicial Activism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Judge Sonia Sotomayor and Judicial Activism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 24, 2009: President Barack Obama’S Criteria For Justice Of The Supreme Court, Bruce Ledewitz May 2009

May 24, 2009: President Barack Obama’S Criteria For Justice Of The Supreme Court, Bruce Ledewitz

Hallowed Secularism

Blog post, “ President Barack Obama’s Criteria for Justice of the Supreme Court“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 21, 2009: Tom Krattenmaker On The Rights Of Religious Students At High School Graduations, Bruce Ledewitz May 2009

May 21, 2009: Tom Krattenmaker On The Rights Of Religious Students At High School Graduations, Bruce Ledewitz

Hallowed Secularism

Blog post, “Tom Krattenmaker on the Rights of Religious Students at High School Graduations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 19, 2009: For The Establishment Of Religion, Bruce Ledewitz May 2009

May 19, 2009: For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

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


May 6, 2009: Judicial Pragmatism And Justice Souter's Replacement, Bruce Ledewitz May 2009

May 6, 2009: Judicial Pragmatism And Justice Souter's Replacement, Bruce Ledewitz

Hallowed Secularism

Blog post, “Judicial Pragmatism and Justice Souter's Replacement“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 3, 2009: Justice Souter’S Replacement And The Future Of The Establishment Clause, Bruce Ledewitz May 2009

May 3, 2009: Justice Souter’S Replacement And The Future Of The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Souter’s Replacement and the Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 17, 2009: America Is Not A Christian Nation, Bruce Ledewitz Apr 2009

April 17, 2009: America Is Not A Christian Nation, Bruce Ledewitz

Hallowed Secularism

Blog post, “America is not a Christian Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 16, 2009: What Can The Courts Do About Gay Marriage?, Bruce Ledewitz Apr 2009

April 16, 2009: What Can The Courts Do About Gay Marriage?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Can the Courts Do About Gay Marriage?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


March 28, 2009: The Dalai Lama And Secular Ethics, Bruce Ledewitz Mar 2009

March 28, 2009: The Dalai Lama And Secular Ethics, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Dalai Lama and Secular Ethics“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.