March 24, 2012: An Open Letter To David Niose, President Of The American Humanist Association,
2012
Duquesne University
March 24, 2012: An Open Letter To David Niose, President Of The American Humanist Association, Bruce Ledewitz
Hallowed Secularism
Blog post, “An Open Letter to David Niose, President of the American Humanist Association“ 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?,
2012
Duquesne University
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 19, 2012: Without Gods,
2012
Duquesne University
March 19, 2012: Without Gods, Bruce Ledewitz
Hallowed Secularism
Blog post, “Without Gods“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Indecent Exposure: Fcc V. Fox And The End Of An Era,
2012
Duke Law
Indecent Exposure: Fcc V. Fox And The End Of An Era, David Houska
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
March 16, 2012: Pannikkar’S Rhythm Of Being,
2012
Duquesne University
March 16, 2012: Pannikkar’S Rhythm Of Being, Bruce Ledewitz
Hallowed Secularism
Blog post, “Pannikkar’s Rhythm of Being“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 14, 2012: The Break-Up Of A Section,
2012
Duquesne University
March 14, 2012: The Break-Up Of A Section, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Break-Up of a Section“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?,
2012
Pepperdine University
The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?, Gideon Kanner
Pepperdine Law Review
No abstract provided.
Preemption And Regulatory Failure,
2012
Pepperdine University
Preemption And Regulatory Failure, David C. Vladeck
Pepperdine Law Review
Daily front-page stories recounting the failure of defibrillators, pacemakers, heart stents and infusion pumps have raised questions about the adequacy of FDA regulation of medical devices. At the same time, lower courts are struggling to apply the Supreme Court's ruling in Medtronic, Inc. v. Lohr to determine the preemptive reach of the Medical Device Amendments ("MDA"). This article explores the repercussions of Medtronic and argues that Congress' use of words like "requirements" in regulatory statutes should be seen as references to positive state law only, and should not be read, absent an explicit command by Congress, to subsume state law …
Empowering States: A Rebuttal To Dr. Greve,
2012
Pepperdine University
Empowering States: A Rebuttal To Dr. Greve, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
Federal Preemption: James Madison, Call Your Office,
2012
Pepperdine University
Federal Preemption: James Madison, Call Your Office, Michael S. Greve
Pepperdine Law Review
No abstract provided.
Empowering States: The Need To Limit Federal Preemption,
2012
Pepperdine University
Empowering States: The Need To Limit Federal Preemption, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
Congress's Power To Preempt The States,
2012
Pepperdine University
Congress's Power To Preempt The States, Stephen Gardbaum
Pepperdine Law Review
In this Article, part of a symposium on federal preemption of state tort law, I build upon my earlier work on the nature of preemption to try and deepen the conceptual and constitutional foundations of the subject. I argue that this neglected dimension must be moved to center stage if preemption doctrine is to have a coherent and principled framework. In particular, the key issues are the nature, source, and limits of Congress's power to preempt the states. The result is that preemption should be understood as a discretionary power of Congress the source of which lies in the Necessary …
The Problem Of Federal Preemption: Reformulating The Black Letter Rules,
2012
Pepperdine University
The Problem Of Federal Preemption: Reformulating The Black Letter Rules, Robert R. Gasaway
Pepperdine Law Review
No abstract provided.
Building A Nation From Thirteen States: The Constitutional Convention And Preemption,
2012
Pepperdine University
Building A Nation From Thirteen States: The Constitutional Convention And Preemption, Edward J. Larson
Pepperdine Law Review
This article is adapted from a talk Professor Larson gave at Pepperdine’s symposium on federal preemption of state tort law - the problem of medical drugs and devices. Professor Larson begins with a discussion of the Constitutional Convention and James Madison’s role in the creation of the U.S. Constitution. He relates how fifteen resolutions, developed by Madison and the other Virginia delegates, became known as the Virginia Plan, and served as the foundation for the Constitution. Professor Larson continues by examining Madison’s notes of the Convention. Specifically he shares what the notes relate about the deliberations at the Convention regarding …
Reflections On Hines V. Davidowitz: The Future Of Obstacle Preemption,
2012
Pepperdine University
Reflections On Hines V. Davidowitz: The Future Of Obstacle Preemption, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?,
2012
Duquesne University
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.
The Confirmation Of Punitive Awards In Arbitration: Did Due Process Disappear?,
2012
Pepperdine University
The Confirmation Of Punitive Awards In Arbitration: Did Due Process Disappear?, Stuart M. Boyarsky
Pepperdine Dispute Resolution Law Journal
Part I of this article provides a brief overview of the reasoning behind the limited judicial review of an arbitral award. Part II describes the state action doctrine and explains how several courts have used the doctrine in order to apply due process protection to proceedings involving private actors. In particular, this section discusses several significant decisions that involve the issue of whether a court's confirmation of an arbitrator's award of punitive damages creates state action and requires the application of constitutional protections such as due process. This Note concludes that due to a leading decision by the Eleventh Circuit, …
Intermittent State Constitutionalism,
2012
Pepperdine University
Intermittent State Constitutionalism, Justin Long
Pepperdine Law Review
No abstract provided.
March 7, 2012: Guatemala,
2012
Duquesne University
March 7, 2012: Guatemala, Bruce Ledewitz
Hallowed Secularism
Blog post, “Guatemala“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency,
2012
Pepperdine University
Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom
Pepperdine Law Review
No abstract provided.
