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Articles 541 - 570 of 996

Full-Text Articles in Constitutional Law

April 12, 2012: Reason Rally Update, Bruce Ledewitz Apr 2012

April 12, 2012: Reason Rally Update, Bruce Ledewitz

Hallowed Secularism

Blog post, “Reason Rally Update“ 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 Apr 2012

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.


April 1, 2012: A Partisan Day Of Prayer And Fasting, Bruce Ledewitz Apr 2012

April 1, 2012: A Partisan Day Of Prayer And Fasting, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Partisan Day of Prayer and Fasting“ 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 Mar 2012

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 23, 2012: Warm Enough For You?, Bruce Ledewitz Mar 2012

March 23, 2012: Warm Enough For You?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Warm Enough For You?“ 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 Mar 2012

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 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz Feb 2012

February 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz

Hallowed Secularism

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


February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz Feb 2012

February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz

Hallowed Secularism

Blog post, “Greetings From Sunny Malibu“ 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 Feb 2012

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.


February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz Feb 2012

February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz

Hallowed Secularism

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


February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz Feb 2012

February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Just the Beginning of the War on Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 28, 2012: A New Marxism, Bruce Ledewitz Jan 2012

January 28, 2012: A New Marxism, Bruce Ledewitz

Hallowed Secularism

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


January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz Jan 2012

January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz

Hallowed Secularism

Blog post, “But Why Can’t People Just Practice a Scientific Way of Life?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz Jan 2012

January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz

Hallowed Secularism

Blog post, “ I Have a Soft Spot for Rick Santorum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen Jan 2012

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

All Faculty Scholarship

Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. Many of the “rules-of-the-road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against “partisan gerrymandering” (which has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of …


Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz Jan 2012

Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz

Ledewitz Papers

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


Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee Jan 2012

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …


Robert Taylor, An Appreciation, Bruce Ledewitz Jan 2012

Robert Taylor, An Appreciation, Bruce Ledewitz

Ledewitz Papers

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


Constitutional Forbearance, A. Christopher Bryant Jan 2012

Constitutional Forbearance, A. Christopher Bryant

Faculty Articles and Other Publications

This essay begins by developing the concept of constitutional forbearance and exploring the role it plays in the craft of good judging. This first Part also illustrates what is meant by constitutional forbearance by recovering a forgotten but illustrative example from a century ago. Part II then argues that the need for forbearance has at present become unusually acute. Finally, in Part III this essay identifies some of the qualities of the Obama care cases that make them such singular opportunities for the exercise of this much needed judicial virtue and answers some anticipated objections to thinking about the cases …


Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked, Stephanie Mcmahon Jan 2012

Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked, Stephanie Mcmahon

Faculty Articles and Other Publications

Loopholes in the law are weaknesses that allow the law to be circumvented. Once created, they prove hard to eliminate. Acase study of the evolving tax unit used in the federal income tax explores policymakers' response to loopholes. The1913 income tax created an opportunity for wealthy married couples to shift ownership of family income between spouses, then to file separately, and, as a result, to reduce their collective taxes. In 1948, Congress closed this loophole by extending the income-splitting benefit to all married taxpayers filing jointly. Congress acted only after the federal judiciary and Treasury Department pleaded for congressional …


December 31, 2011: The Conflict Between The Catholic Church And Government Regulations, Bruce Ledewitz Dec 2011

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.


Step Down, Justice Melvin, Bruce Ledewitz Dec 2011

Step Down, Justice Melvin, Bruce Ledewitz

Ledewitz Papers

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


Justice’S Suspension Is Dubious, Bruce Ledewitz Dec 2011

Justice’S Suspension Is Dubious, Bruce Ledewitz

Ledewitz Papers

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


December 13, 2011: The Mcconnell-Feldman Debate Over Religious Liberty, Bruce Ledewitz Dec 2011

December 13, 2011: The Mcconnell-Feldman Debate Over Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “The McConnell-Feldman Debate Over Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz Nov 2011

November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz

Hallowed Secularism

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


November 11, 2011: Veterans Day 2011, Bruce Ledewitz Nov 2011

November 11, 2011: Veterans Day 2011, Bruce Ledewitz

Hallowed Secularism

Blog post, “Veterans Day 2011“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


October 1, 2011: The Problem Of Nonpreferentialism, Bruce Ledewitz Oct 2011

October 1, 2011: The Problem Of Nonpreferentialism, Bruce Ledewitz

Hallowed Secularism

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


September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz Sep 2011

September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Scalia at Duquesne Law School“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 14, 2011: What Does A Resurgent Marxism Look Like?, Bruce Ledewitz Sep 2011

September 14, 2011: What Does A Resurgent Marxism Look Like?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Does a Resurgent Marxism Look Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


September 10, 2011: Remember The Ten Year Anniversary Of 9/11 By Eliminating Firefighter Unions, Bruce Ledewitz Sep 2011

September 10, 2011: Remember The Ten Year Anniversary Of 9/11 By Eliminating Firefighter Unions, Bruce Ledewitz

Hallowed Secularism

Blog post, “Remember the Ten Year Anniversary of 9/11 By Eliminating Firefighter Unions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.