Constitutional Law Commons^™

Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus

NYLS Law Review

No abstract provided.

Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel

NYLS Law Review

No abstract provided.

Getting Back To The Fourth Amendment: Warrantless Cell Phone Searches, Mireille Dee

NYLS Law Review

No abstract provided.

Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter

NYLS Law Review

No abstract provided.

December 31, 2011: The Conflict Between The Catholic Church And Government Regulations, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Conflict Between the Catholic Church and Government Regulations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Step Down, Justice Melvin, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Justice’S Suspension Is Dubious, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

December 28, 2011: Enlisting The Help Of Sam Harris, Bruce Ledewitz

Hallowed Secularism

Blog post, “Enlisting the Help of Sam Harris“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 24, 2011: The Waning Of Christian Culture, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Waning of Christian Culture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Pleading For A Bargain: The Upcoming Debate Over Competing Standards Of Prejudice In Missouri V. Frye, Ian Hampton

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

December 20, 2011: Religious Revival In China, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religious Revival in China“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Forbidden Territory Or Well-Defined Boundaries? M.B.Z. V. Clinton And The Overzealous Application Of The Political Question Doctrine, Andrew Hand

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

December 16, 2011: Christopher Hitchens R.I.P., Bruce Ledewitz

Hallowed Secularism

Blog post, “Christopher Hitchens R.I.P.“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

December 13, 2011: The Mcconnell-Feldman Debate Over Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “The McConnell-Feldman Debate Over Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Anti-Injunction Act And The Individual Mandate, Steve R. Johnson

Scholarly Publications

The Supreme Court will soon consider challenges to constitutionality of the so-called individual mandate portion of the Patient Protection and Affordable Care Act of 2010 (PPACA). It is important for the nation that the Court render a decision on the merits. This could be derailed, however, were the Court to dispose of the case by holding that the Anti-Injunction Act (AIA) and the Declaratory Judgment Act (DJA) preclude pre-enforcement review. Disposition on those grounds would subject the federal government, states, businesses, and individuals to years of additional uncertainty, inconvenience, and expense.

Fortunately, that threat to resolution on the merits can …

December 10, 2011: “But What If History Has No Logos?”, Bruce Ledewitz

Hallowed Secularism

Blog post, “ “But what if history has no logos?”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Adalah Legal Center For Arab Minority Rights In Israel V. Attorney General, Dorit Beinisch, Elyakim Rubinstein, Hanan Melcer

Translated Opinions

Facts: In 2004, following a series of murderous terrorist attacks on Israeli civilians in 2004, as well as continual rocket launches against Israeli civilian targets, the Israel Defense Forces conducted two military campaigns in the Gaza Strip – Operation Rainbow (May, 2004) and Operation Days of Repentance (September-October, 2004). More than a year after the end of the second campaign, Adalah – Legal Center for Arab Minority Rights (petitioner 1) requested of the Attorney General and the Military Advocate General (respondents 1 and 2) that criminal investigations be opened in the matter of Operation Rainbow, due to the civilian casualties …

December 5, 2011: Why Do We Mourn?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Do We Mourn?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Keep The Poking To Yourself, Mrs. Robinson: The Missouri Facebook Statute And Its Implications For Teacher Free Speech Under The First Amendment, Alex Lehrer

Student Works

No abstract provided.

Tnuva Central Cooperative V. Raabi Estate, Esther Hayut, Isaac Amit, Uzi Vogelman

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

An appeal and cross appeal challenging the decision of the Tel Aviv District Court (Partial Judgment and Supplementary Judgment,) where the court partially granted a consumer class action suit, which was granted leave to be submitted in CC 10085/080 (hereinafter: Tnuva). The class action suit revolved around the misleading of the consumer public and the production of a milk product in violation of binding …