Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan
Life of the Law School (1993- )
No abstract provided.
President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?,
2018
Colorado College
President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan
Pace Environmental Law Review
In his announcement, President Trump stated that he would comply with the withdrawal provision in the Paris Agreement. This Essay argues that, while compliance with that process may satisfy the treaty obligation, it probably does not conform to U.S. constitutional standards, and therefore, would not be binding on the United States. The argument demonstrating the failure of the President to satisfy constitutional standards proceeds as follows. Part I develops the context in which the Paris Agreement arose. Part II briefly summarizes the Paris Agreement. In Part III, I argue that President Trump’s attempt to cease implementation of the Paris Agreement …
December 10, 2018: The Democrats’ God Problem,
2018
Duquesne University
December 10, 2018: The Democrats’ God Problem, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Democrats’ God Problem“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
December 7, 2018: Needed: A Party Of Democracy,
2018
Duquesne University
December 7, 2018: Needed: A Party Of Democracy, Bruce Ledewitz
Hallowed Secularism
Blog post, “Needed: A Party of Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Future Of Freedom Of Expression Online,
2018
Duke Law
The Future Of Freedom Of Expression Online, Evelyn Mary Aswad
Duke Law & Technology Review
Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align their …
State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution,
2018
West Virginia University College of Law
State Ex Rel. Holmes V. Gainer: The Legislative Pay Raise And The Disappearing West Virginia Constitution, Matthew L. Clark
West Virginia Law Review
No abstract provided.
State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
State V. Second Judicial Dist. Court. (Hearn (Matthew)), 134 Nev. Adv. Op. 96 (Dec. 6, 2018) (En Banc), Taylor Buono
Nevada Supreme Court Summaries
The Court affirmed the district court’s decision and held that the prosecutorial consent provision in NRS 176A.290 violated the Nevada Constitution’s separation of powers doctrine. Furthermore, the Court struck the offending language, finding that the provision could be severed from the statute without impacting the legislature’s intent.
Professional Responsibility As A Limitation On Executive Power,
2018
University of Oklahoma College of Law
Professional Responsibility As A Limitation On Executive Power, Melissa Mortazavi
Other Faculty Publications
No abstract provided.
The Pope And The Capital Juror,
2018
University of Idaho College of Law
The Pope And The Capital Juror, Aliza Plener Cover
Articles
In a significant change to Catholic Church doctrine, Pope Francis recently declared that capital punishment is impermissible under all circumstances. Counterintuitively, the Pope’s pronouncement might make capital punishment less popular but more prevalent in the United States. This Essay anticipates this possible dynamic and, in so doing, explores how “death qualification” of capital juries can insulate the administration of the death penalty when community morality evolves away from capital punishment.
The Obama Judge And The Foundations Of The Rule Of Law,
2018
Duquesne University
The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
December 1, 2018: "I Retired",
2018
Duquesne University
December 1, 2018: "I Retired", Bruce Ledewitz
Hallowed Secularism
Blog post, "I Retired“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence,
2018
Notre Dame Law School
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Journal of Legislation
No abstract provided.
Hb 61 - Revenue And Taxation,
2018
Georgia State University College of Law
Hb 61 - Revenue And Taxation, Taylor N. Armstrong, Caitlin E. Correa
Georgia State University Law Review
The Act amends Georgia’s sales tax statute to shift the burden for the collection of sales taxes on online sales from the purchaser to the retailer.
Federalism And The Right To Decide Who Decides,
2018
Villanova University Charles Widger School of Law
Federalism And The Right To Decide Who Decides, Andrew B. Ayers
Villanova Law Review (1956 - )
No abstract provided.
Diverse Originalism,
2018
Brooklyn Law School
Neoformalist Constitutional Construction And Public Employee Speech,
2018
University of Kentucky College of Law
Neoformalist Constitutional Construction And Public Employee Speech, Scott R. Bauries
Law Faculty Scholarly Articles
This Article examines, evaluates, and prescribes improvements to a familiar form of constitutional construction favored by neoformalists—the preference for rules over standards. Constitutional law development can be understood as being composed of two judicial tasks—interpretation and construction. Judicial interpretation of the Constitution involves determining the semantic meaning of the words contained in the document. Once that semantic meaning is determined, the interpreted meaning must be constructed into legal doctrine for application in court. Sometimes, that construction involves the articulation of the legal doctrines based on the interpreted constitutional text that will govern a particular case and those similar to it. …
Slavery, Liberty, And The Right To Contract,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Slavery, Liberty, And The Right To Contract, Rebecca E. Zietlow
Nevada Law Journal
No abstract provided.
The Thirteenth Amendment And Minimum Wage Laws,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Thirteenth Amendment And Minimum Wage Laws, Ruben J. Garcia
Nevada Law Journal
No abstract provided.
Root And Branch: The Thirteenth Amendment And Environmental Justice,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg
Nevada Law Journal
No abstract provided.
Collusion, Obstruction Of Justice, And Impeachment,
2018
Notre Dame Law School
Collusion, Obstruction Of Justice, And Impeachment, Ediberto Roman, Melissa Gonzalez, Dianet Torres
Journal of Legislation
No abstract provided.
