May 26, 2013: How Hippies Became Evangelical Conservatives,
2013
Duquesne University
May 26, 2013: How Hippies Became Evangelical Conservatives, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Hippies Became Evangelical Conservatives“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Likely Impact Of National Federation On Commerce Clause Jurisprudence,
2013
Pepperdine University
The Likely Impact Of National Federation On Commerce Clause Jurisprudence, Robert J. Pushaw Jr., Grant S. Nelson
Pepperdine Law Review
In National Federation of Independent Businesses v. Sebelius, the Supreme Court exhaustively analyzed Congress’s constitutional power to enact the watershed Patient Protection and Affordable Care Act (ACA or “Obamacare”). The ACA imposes a “shared responsibility requirement,” popularly known as the “Individual Mandate” (IM), which forces Americans to buy medical insurance or pay a “penalty.” The ACA’s text and legislative history, as well as the public defenses of it by President Obama and his supporters, consistently described the IM as a valid exercise of Congress’s power “[t]o regulate Commerce . . . among the several States.” This reliance on the Commerce …
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law,
2013
Touro University Jacob D. Fuchsberg Law Center
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
May 21, 2013: Spiritual Exercise #1,
2013
Duquesne University
May 21, 2013: Spiritual Exercise #1, Bruce Ledewitz
Hallowed Secularism
Blog post, “Spiritual Exercise #1“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law,
2013
Georgetown University Law Center
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Georgetown Law Faculty Publications and Other Works
The Dreyfus affair reminds us that the rule of law and basic human rights are not self-executing. In a democracy, individual rights and the rule of law are designed to check popular power and protect the individual from the majority. Yet paradoxically, they cannot do so without substantial popular support. Alfred Dreyfus received two trials—or at least the trappings thereof—and was twice wrongly convicted. The rule of law was initially unable to stand between an innocent man and the powerful men who sought to frame him. But the issue of Dreyfus's guilt or innocence was not …
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism,
2013
Georgetown Law Center
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this writing, the author applies a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In the course of this application, she takes issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, the author questions whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, she argues that, under decision theory, Sweet Home is …
Maryland V. King: The Fourth Amendment Spirals Down The Double Helix,
2013
Duke Law
Maryland V. King: The Fourth Amendment Spirals Down The Double Helix, Sitara V. Witanachchi
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Maryland v. King, in which the Court may decide whether requiring an arrestee to submit to a buccal swab for identification purposes violates the arrestee's privacy interests under the Fourth Amendment.
May 19, 2013: Religion, The Decline Of Magic, And The Rise Of Rationalism,
2013
Duquesne University
May 19, 2013: Religion, The Decline Of Magic, And The Rise Of Rationalism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religion, the Decline of Magic, and the Rise of Rationalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 16, 2013: Was Schempp Such A Triumph?,
2013
Duquesne University
May 16, 2013: Was Schempp Such A Triumph?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Was Schempp Such a Triumph?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
When The Classroom Is Not In The
Schoolhouse: Applying Tinker To
Student Speech At Online Schools,
2013
Seattle University School of Law
When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre
Seattle University Law Review
Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court …
The Admissibility Of Cell Site Location
Information In Washington Courts,
2013
Seattle University School of Law
The Admissibility Of Cell Site Location Information In Washington Courts, Ryan W. Dumm
Seattle University Law Review
This Comment principally explores when and how a party can successfully admit cell cite location information into evidence. Beginning with the threshold inquiry of relevance, Part III examines when cell site location information is relevant and in what circumstances the information, though relevant, could be unfairly prejudicial, cumulative, or confusing. Part IV provides the bulk of the analysis, which centers on the substantive foundation necessary to establish the information’s credibility and authenticity. Part V looks at three ancillary issues: hearsay, a criminal defendant’s Sixth Amendment confrontation rights, and the introduction of a summary of voluminous records. Finally, Part VI offers …
“Lonesome Road”: Driving Without The
Fourth Amendment,
2013
Seattle University School of Law
“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz
Seattle University Law Review
The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.
Section 501(C)(4) Advocacy Organizations:
Political Candidate-Related And Other
Partisan Activities In Furtherance Of
The Social Welfare,
2013
Seattle University School of Law
Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty
Seattle University Law Review
In the wake of the 2012 presidential election, tax and political law lawyers are left with a number of unanswered questions concerning the political activities of tax-exempt organizations. Despite the importance of these questions, there are striking gaps in the authority of federal tax law governing the conduct of political candidate and other partisan-related activities by tax-exempt organizations. Assuming activities in furtherance of partisan interests are activities that support private interests, I consider what this authority may tell us about the permissibility of Section 501(c)(4) organizations engaging in partisan political activities and having as a constitutive purpose a partisan political …
Hollingsworth V. Perry: Expressive Harm And The Stakes Of "Marriage",
2013
Duke Law
Hollingsworth V. Perry: Expressive Harm And The Stakes Of "Marriage", Corinne Blalock
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Hollingsworth v. Perry, in which the Court may decide whether Proposition 8 violates either the Equal Protection Clause or the Due Process Clause of the Fourteenth Amendment of the United States Constitution.
May 12, 2013: Is Obama Nixon?,
2013
Duquesne University
May 12, 2013: Is Obama Nixon?, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Is Obama Nixon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 9, 2013: Secular Discomfort At Shaming,
2013
Duquesne University
May 9, 2013: Secular Discomfort At Shaming, Bruce Ledewitz
Hallowed Secularism
Blog post, “Secular Discomfort at Shaming“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973),
2013
Pepperdine University
Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez
Pepperdine Law Review
No abstract provided.
Equal Protection For Illegitimate Children In State Welfare Programs,
2013
Pepperdine University
Equal Protection For Illegitimate Children In State Welfare Programs, Phillip North
Pepperdine Law Review
No abstract provided.
Illegitimate Children And Constitutional Review,
2013
Pepperdine University
Illegitimate Children And Constitutional Review, Clayton W. Plotkin, John Vodonick
Pepperdine Law Review
No abstract provided.
The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal ,
2013
Pepperdine University
The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman
Pepperdine Law Review
No abstract provided.
