June 17, 2011: Listen To The Indiana University Press Podcast,
2011
Duquesne University
June 17, 2011: Listen To The Indiana University Press Podcast, Bruce Ledewitz
Hallowed Secularism
Blog post, “Listen to the Indiana University Press podcast“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 15, 2011: Weird Second Circuit Decision,
2011
Duquesne University
June 15, 2011: Weird Second Circuit Decision, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Weird Second Circuit Decision“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 12, 2011: Graduation Prayer And The Defense Of Secular Government,
2011
Duquesne University
June 12, 2011: Graduation Prayer And The Defense Of Secular Government, Bruce Ledewitz
Hallowed Secularism
Blog post, “Graduation Prayer and the Defense of Secular Government“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 10, 2011: What Are The True Sources Of Wealth?,
2011
Duquesne University
June 10, 2011: What Are The True Sources Of Wealth?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Are the True Sources of Wealth?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 8, 2011: My Fellow American,
2011
Duquesne University
June 8, 2011: My Fellow American, Bruce Ledewitz
Hallowed Secularism
Blog post, “My Fellow American“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 6, 2011: Just What Or Who Is God And Who Believes In God?,
2011
Duquesne University
June 6, 2011: Just What Or Who Is God And Who Believes In God?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Just What or Who is God and Who Believes in God?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 3, 2011: The Debt Limit Is Somehow A Theological Dispute,
2011
Duquesne University
June 3, 2011: The Debt Limit Is Somehow A Theological Dispute, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Debt Limit is Somehow a Theological Dispute“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Summary Of Aguilar-Raygoza V. State, 127 Nev. Adv. Op. No. 27,
2011
Nevada Law Journal
Summary Of Aguilar-Raygoza V. State, 127 Nev. Adv. Op. No. 27, Michael Li
Nevada Supreme Court Summaries
An appeal from a judgment denying eligibility for an alcohol treatment diversion program following Appellant’s conviction from a jury trial.
June 1, 2011: When You Get To A Certain Age,
2011
Duquesne University
June 1, 2011: When You Get To A Certain Age, Bruce Ledewitz
Hallowed Secularism
Blog post, “When You Get to a Certain Age“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Markedly Low: An Argument To Raise The Burden Of Proof For Patent False Marking,
2011
Chicago-Kent College of Law
Markedly Low: An Argument To Raise The Burden Of Proof For Patent False Marking, Caroline Ayres Teichner
Chicago-Kent Law Review
The Federal Circuit's liberal treatment of the patent false-marking statute, 35 U.S.C. § 292, has created a climate in which opportunistic qui tam plaintiffs facing a low burden of proof can recover potentially enormous sums of money under the statute with no showing of competitive injury. This note argues that the Federal Circuit erred by ruling that plaintiffs must prove the key element of false-marking claims—namely, intent to deceive the public—by a mere preponderance of the evidence, and further contends that the court should have adopted the clear and convincing standard instead. Support for this elevated burden of proof can …
The Freedom Of Health,
2011
Cleveland State University College of Law
The Freedom Of Health, Abigail R. Moncrieff
Law Faculty Articles and Essays
This Article first draws out the freedom of health from Supreme Court precedent and demonstrates that, like other substantive constitutional rights, the freedom of health is a negative liberty that must be balanced against legitimate and compelling regulatory projects. The Article then applies that understanding of the freedom to evaluate some proposed and actual health care regulations that have made headline news in the last decade. I consider the constitutionality of the phantom death panels, the HlNl vaccine distribution program, the FDA's restrictions on access to experimental drugs, PPACA's obesity and smoking regulations, and, of course, PPACA's individual mandate. Should …
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate,
2011
Stanford Law School
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Michigan Law Review
Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is best known for the idea that courts may legitimately reject the decisions of a majority when the democratic process that produced the decision was unfair to a disadvantaged social group. This Article analyzes political process theory through the lens of the contemporary debate over same-sex marriage. Its analysis is grounded in state supreme court decisions on the constitutionality of barring same-sex marriage, as well as the high-profile, …
The Consumer Financial Protection Bureau's Appointment With Trouble,
2011
University of Georgia School of Law
The Consumer Financial Protection Bureau's Appointment With Trouble, Kent H. Barnett
Scholarly Works
This article considers whether the Consumer Financial Protection Bureau Director’s appointment of the Bureau’s Deputy Director comports with the Appointments Clause. The Dodd-Frank Wall Street Reform and Consumer Protection Act established the Bureau in July 2010, as well as the offices of the Bureau’s Director and Deputy Director, to coordinate the regulation and enforcement of federal consumer-financial-protection laws. Under that act, the Director appoints the Deputy Director. The Appointments Clause permits “Heads of Departments” to appoint inferior officers like the Deputy Director. But it is unclear if the Bureau is a “department” and thus if the Director is a department …
May 30, 2011: Happy Memorial Day,
2011
Duquesne University
May 30, 2011: Happy Memorial Day, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Memorial Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Mcdonald's Other Right,
2011
Florida State University College of Law
Mcdonald's Other Right, Samuel L. Wiseman
Scholarly Publications
No abstract provided.
May 27, 2011: Time To Rethink Public School Prayer,
2011
Duquesne University
May 27, 2011: Time To Rethink Public School Prayer, Bruce Ledewitz
Hallowed Secularism
Blog post, “Time to Rethink Public School Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
It’S Time To Reconsider Graduation Prayer In Public High Schools,
2011
Duquesne University
It’S Time To Reconsider Graduation Prayer In Public High Schools, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Summary Of Clean Water Coal. V. The M Resort, 127 Nev. Adv. Op. No. 24,
2011
Nevada Law Journal
Summary Of Clean Water Coal. V. The M Resort, 127 Nev. Adv. Op. No. 24, Marissa Pensabene
Nevada Supreme Court Summaries
An appeal from a district court’s judgment that declared Assembly Bill 6 (“A.B. 6”), section 18, constitutional under the Nevada Constitution.
How Should Elected Judges Interpret Statutes?,
2011
William & Mary Law School
How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
May 24, 2011: What Exactly Happened Today When Netanyahu Addressed Congress?,
2011
Duquesne University
May 24, 2011: What Exactly Happened Today When Netanyahu Addressed Congress?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What Exactly Happened Today When Netanyahu Addressed Congress?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
