Constitutional Law Commons^™

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins

University of Richmond Law Review

In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.

April 27, 2010: “Young Adults Less Devoted To Faith”, Bruce Ledewitz

Hallowed Secularism

Blog post, “ “Young Adults Less Devoted to Faith”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 25, 2010: National Day Of Prayer Constitutional, Bruce Ledewitz

Hallowed Secularism

Blog post, “National Day of Prayer Constitutional“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 23, 2010: Happy Earth Day, One Day Late, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Earth Day, One Day Late“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 19, 2010: How Religions Are Hijacked, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Religions are Hijacked“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 15, 2010: Why William Connolly “Is Not A Secularist”, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why William Connolly “is not a secularist”“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Constitutional Caution, Bruce Ledewitz

Ledewitz Papers

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

April 12, 2010: Martin Buber On Jesus, Bruce Ledewitz

Hallowed Secularism

Blog post, “Martin Buber on Jesus“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 10, 2010: So, What Is Wrong With Liberal Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “So, What is Wrong with Liberal Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

They Did Authorize Torture, But..., David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.

April 7, 2010: Will Jon Meacham’S Religion Last?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Will Jon Meacham’s religion last?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 5, 2010: Hallowed Secularism On Opening Day, Bruce Ledewitz

Hallowed Secularism

Blog post, “Hallowed Secularism on Opening Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Intersection Of Constitutional Law And Civil Procedure: Review Of Wholesale Justice—Constitutional Democracy And The Problem Of The Class Action Lawsuit (Part Ii), Douglas G. Smith

NULR Online

In the first portion of this Essay, I reviewed Professor Martin Redish’s theory that the application of Federal Rule of Civil Procedure 23 in modern class action practice is unconstitutional. Professor Redish argues that modern class action procedures violate absent class members’ due process rights by sweeping large numbers of individual plaintiffs into litigation without their explicit consent. I then set forth Professor Redish’s proposals for reform, including increased scrutiny of class actions to weed out “faux” class actions that benefit lawyers but not class members, abandonment of the opt-out procedure under Rule 23 in favor of an opt-in procedure …

April 3, 2010: A Secular Easter?, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Secular Easter?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen

Faculty Publications and Presentations

The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that …

A Solution Looking For A Problem: Testimony Before The 2010 Maryland General Assembly On Senate Bill 570/House Bill 986: Campaign Materials – Stockholder Approval, Larry S. Gibson

Faculty Scholarship

The U.S. Supreme Court in Citizens United v Federal Elections Commission declared unconstitutional under the First Amendment right to freedom of speech federal statutory limitations on corporate political expenditures. Before Citizens United, Maryland was already among the 26 states that permitted corporations to make direct political contributions and to make independent political expenditures. Consequently, Citizens United did not change Maryland election law and practice. The Maryland General Assembly has steadfastly resisted efforts to change the Maryland approach. Over the past several years, the General Assembly has repeatedly rejected bills that would have banned political contributions by business entities. Many in …

Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

April 1, 2010: I’M Not Understanding Candace Chellew-Hodge, Bruce Ledewitz

Hallowed Secularism

Blog post, “I’m not understanding Candace Chellew-Hodge“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell

Pace International Law Review Online Companion

No abstract provided.

An Irs Duty Of Consistency: The Failure Of Common Law Making And A Proposed Statutory Solution, Steve R. Johnson

Scholarly Publications

The IRS should endeavor to treat similarly-situated taxpayers similarly, but does this aspiration rise to the level of a judicially enforceable duty? If the IRS takes a position on Taxpayer B that is correct under the law but is inconsistent with a position the IRS took on similarly-situated Taxpayer A, should the IRS’s position on Taxpayer B fail simply because of the inconsistency? These questions implicate important themes, such as fairness, the rule of law, separation of powers, administrative exigencies, the role of common law making in a highly positivistic system, and the sustainability of legal regimes.

A constitutional standard …