The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election,
2018
State University of New York, Buffalo State College
The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election, John Joseph Janora
History Theses
The passage of the Seventeenth Amendment helped to democratize the United States Senate and tied the legislative branch closer to the people, but it undermined the links between the state and the federal systems. Any thoughtful discussion on the Progressive Era will generally lead towards the idea of increased involvement of both the government, at all levels, in the lives of the general population, and the increased involvement of the general population in the functioning of the government at large. One seemingly obvious decision made in the early part of the 20th century was the implementation of the Seventeenth …
Betting Against Paspa: Why The Federal Restrictions On Sports Gambling Are Unconstitutional And How They Hurt The States,
2018
Villanova University Charles Widger School of Law
Betting Against Paspa: Why The Federal Restrictions On Sports Gambling Are Unconstitutional And How They Hurt The States, Christopher Polisano
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Competing Free Speech Values In An Age Of Protest,
2018
University of Dayton Law School
Competing Free Speech Values In An Age Of Protest, Erica Goldberg
Cardozo Law Review
This Article endeavors to catalog and resolve cases involving competing free speech values, and then applies its solutions to violent and disruptive protests. Almost every First Amendment case can be framed as implicating free speech values on both sides of the First Amendment equation. Government action directly abridges speech, but government inaction may allow private parties too much control over others' speech. First Amendment doctrine, which generally protects speech only from suppression by state actors, can thus compromise the very free speech values that form the rationales for the First Amendment. Scholars and litigants have argued that government regulation of …
July 28, 2018: The Truth-Justice-Democracy Initiative,
2018
Duquesne University
July 28, 2018: The Truth-Justice-Democracy Initiative, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Truth-Justice-Democracy Initiative“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 27, 2018: Special Prosecutors Are A Menace,
2018
Duquesne University
July 27, 2018: Special Prosecutors Are A Menace, Bruce Ledewitz
Hallowed Secularism
Blog post, “Special Prosecutors Are a Menace“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Second Thoughts About Stun Guns,
2018
Suffolk University Law School
Second Thoughts About Stun Guns, Rene Reyes
Washington and Lee Law Review Online
The Massachusetts Supreme Judicial Court (“SJC”) recently declared that the Commonwealth’s statutory ban on stun guns violates the Second Amendment to the U.S. Constitution. The SJC had previously upheld the statute against constitutional challenge in Commonwealth v. Caetano, but the reasoning behind this holding was rejected in a brief per curium opinion by the U.S. Supreme Court in 2016. However, the guidance given by the Supreme Court in the Caetano litigation was far from unambiguous: it faulted the SJC’s reasoning without opining on the ultimate question of the ban’s constitutionality, thus leaving open the possibility that the statute could pass …
July 24, 2018: But Why Do Immigrants Vote Democratic?,
2018
Duquesne University
July 24, 2018: But Why Do Immigrants Vote Democratic?, Bruce Ledewitz
Hallowed Secularism
Blog post, “But Why Do Immigrants Vote Democratic?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 22, 2018: Israel Says It Cannot Be Both Jewish And Democratic,
2018
Duquesne University
July 22, 2018: Israel Says It Cannot Be Both Jewish And Democratic, Bruce Ledewitz
Hallowed Secularism
Blog post, “Israel Says It Cannot Be Both Jewish and Democratic“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Abortion Rights And The Kavanaugh Nomination,
2018
UNH Law School
Abortion Rights And The Kavanaugh Nomination, John M. Greabe
Law Faculty Scholarship
[Excerpt] "Last week, President Trump nominated federal appeals court judge Brett Kavanaugh to fill the Supreme Court seat opened by the retirement of Justice Anthony Kennedy. Immediately, coverage of the nomination focused on abortion and whether Judge Kavanaugh's confirmation would spell the end of the constitutional right recognized in Roe v. Wade. Let's explore why."
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants,
2018
Brooklyn Law School
A Nation Of Informants: Reining In Post-9/11 Coercion Of Intelligence Informants, Diala Shamas
Brooklyn Law Review
This article challenges the adequacy of the existing legal and regulatory framework governing informant recruitment and coercion practices to protect fundamental rights, informed by the Muslim-American experience. It looks at the growing law enforcement practice of recruiting informants among Muslim-American communities for intelligence gathering purposes. Although the coercion of law-abiding individuals to provide information to federal law enforcement agencies for intelligence gathering purposes implicates significant rights, it is left unregulated. Existing, albeit limited, restraints on the government agents’ ability to coerce individuals to provide information either assume a criminal context, or are driven by historical concerns over FBI corruption. As …
Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain,
2018
Brooklyn Law School
Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson
Brooklyn Law Review
As Harvey, Irma, Maria and other major 2017 storms washed upon the shores of the United States, millions of people across the nation in major cities and rural areas alike found their possessions, their homes, and sadly in many cases their lives, washed away with the storms. The destructive hurricane season came just as Congress began to consider the reauthorization of the National Flood Insurance Program (NFIP), a federal system of subsidized flood insurance created to fill a void left by private insurers in the 1960s. Extreme weather events such as these illustrate the need for such a program and …
Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants,
2018
Brooklyn Law School
Demanding Due Process: Time To Amend 8 U.S.C. § 1226(C) And Limit Indefinite Detention Of Criminal Immigrants, Allison M. Cunneen
Brooklyn Law Review
Under 8 U.S.C. § 1226(c), Congress mandates that the Attorney General detain criminal immigrants upon release from prison. The statute neither provides a temporal limitation to detention nor does it afford a criminal immigrant periodic bond hearings to determine whether he or she is a flight risk or danger to the community. Thus, until an immigration judge decides whether a criminal immigrant should be removed from the United States, that person remains detained. With the unprecedent backlog in immigration courts, criminal immigrants are waiting longer for a removal hearing, which means longer time spent in detention with no opportunity for …
Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time,
2018
University of Michigan Law School
Litigating Federal Habeas Corpus Cases: One Equitable Gateway At A Time, Eve Brensike Primus
Other Publications
Habeas corpus, also known as the Great Writ, was meant to be a “bulwark against convictions that violate fundamental fairness,” according to the Supreme Court. Yet today, federal courts provide relief in fewer than half of one percent of cases in which a non-capital state prisoner seeks relief through habeas. The Great Writ, it would seem, is no longer so great. In Litigating Federal Habeas Corpus Cases: One Equitable Gateway at a Time, Eve Brensike Primus examines the various procedural and substantive hurdles that have been erected in the past half century that make it nearly impossible for state prisoners …
July 17, 2018: He’S Not A Russian Agent, Just Unfit To Be President,
2018
Duquesne University
July 17, 2018: He’S Not A Russian Agent, Just Unfit To Be President, Bruce Ledewitz
Hallowed Secularism
Blog post, “He’s Not a Russian Agent, Just Unfit to be President“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 14, 2018: Disgraceful Democratic Party Defense Of Peter Strzok,
2018
Duquesne University
July 14, 2018: Disgraceful Democratic Party Defense Of Peter Strzok, Bruce Ledewitz
Hallowed Secularism
Blog post, “Disgraceful Democratic Party Defense of Peter Strzok“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth,
2018
Duke Law School
Dignity And Second Amendment Enforcement—Response To William D. Araiza’S, Arming The Second Amendment And Enforcing The Fourteenth, Darrell A. H. Miller
Washington and Lee Law Review Online
William Araiza’s insightful article, Arming the Second Amendment, has one essential, hidden component: dignity. Dignity helps explain the peculiar hydraulics of Congress’s power to enforce section five of the Fourteenth Amendment—a jurisprudence in which the less scrutiny the Court itself applies to a given class or right, the more scrutiny it applies to congressional efforts to protect that same class or right. Dignity helps explain the Court’s halting approach to Reconstruction Amendment enforcement power more generally – an approach in which constitutional versus unconstitutional legislation turns on seemingly insignificant regulatory distinctions. And dignity’s role in § 5 enforcement helps explain …
July 10, 2018: Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors,
2018
Duquesne University
July 10, 2018: Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors, Bruce Ledewitz
Hallowed Secularism
Blog post, “Needed: A Nonpartisan Pro-Democracy Caucus Among Law Professors“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Unpacking Doj’S New Claim That Dhs Can Legally Detain Migrant Children With Their Parents For Longer Than Twenty Days,
2018
Benjamin N. Cardozo School of Law
Unpacking Doj’S New Claim That Dhs Can Legally Detain Migrant Children With Their Parents For Longer Than Twenty Days, Deborah Pearlstein, Marty Lederman, Ryan Goodman
Online Publications
The Trump administration recently claimed it could not reunite migrant children with parents who are being held in ICE detention due to a court order requiring the government to release such children from custody within (at most) 20 days. The government now claims, however, that it can legally detain the children with their parents in ICE detention for much longer than 20 days. How did the government come to this position? In this post we’ll answer that question, and address a central flaw in the government’s logic.
July 4, 2018: In Christ There Is Neither Democrat Nor Republican,
2018
Duquesne University
July 4, 2018: In Christ There Is Neither Democrat Nor Republican, Bruce Ledewitz
Hallowed Secularism
Blog post, “In Christ There Is Neither Democrat nor Republican“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Touchy Subject: The Eleventh Circuit’S Tug-Of-War Over What Constitutes Violent “Physical Force”,
2018
University of Miami Law School
A Touchy Subject: The Eleventh Circuit’S Tug-Of-War Over What Constitutes Violent “Physical Force”, Conrad Kahn, Danli Song
University of Miami Law Review
No abstract provided.
