December 14, 2018: What Will Post-Christianity Look Like?,
2018
Duquesne University
December 14, 2018: What Will Post-Christianity Look Like?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Will Post-Christianity Look Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Plus Ça Change: A Century-Old Removal For Cause,
2018
Benjamin N. Cardozo School of Law
Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz
Online Publications
Lots of ink has been spilled over when Congress can give federal officials for-cause protection. One would think that a necessary antecedent to that discussion would be a determination of exactly what for-cause protection entails. What is “inefficiency, neglect of duty, or malfeasance in office”? Yet no one knows; the debate over the permissibility of that restriction proceeds in blissful uncertainty as to its scope.
Education Reform And Detroit’S Right To Literacy Litigation,
2018
Michigan State University
Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman
Washington and Lee Law Review Online
Ongoing education reform litigation arising out of Detroit, Michigan presents an innovative claim: Children have an unenumerated federal constitutional right of access to literacy. On June 29, 2018, the district court granted defendants’ motion to dismiss. The case is now on appeal to the Sixth Circuit and is expected to be argued in the first half of 2019. This litigation has already broken new ground and, regardless of the ultimate outcome, it is valuable because it invites us to revisit fundamental questions about rights, remedies, and the role of courts in education reform.
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.
