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Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

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No abstract provided.

Intolerant Democrat Syndrome: The Problem Of Indonesian Democratic Consolidation, Saiful Mujani

Jurnal Politik

Indonesia underwent democratization after more than 20 years (1998–2020), but many studies conclude that the country’s democracy is not consolidated and suffered a setback, at least in the last five years. An increase in political intolerance in society is believed to be the cause of this setback. However, studies on Indonesian political tolerance are biased and thus do not reflect actual conditions of general tolerance. This study offers a new unbiased strategy called “content-controlled measures of political tolerance” in the research on political tolerance. This strategy has been used in a series of national public opinion surveys for a relatively …

America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay

Pace Intellectual Property, Sports & Entertainment Law Forum

Are violent video games harming America’s youth? Is it possible a series of interconnected circuit boards can influence children (or even adults) to become, themselves, violent? If so, how should our society-- and government-- respond?

To properly answer this last query, violent video games must be viewed through the lens of the First Amendment. Simply put: do games depicting grotesque acts of depravity so profound as to negatively influence the psyche warrant the full constitutional protections ordinarily guaranteed under the mantle of free speech and expression? Are these guarantees without limit? If not, how far may the government go in …

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …

Taxonomy Of Powers And Roles Of Upper Chambers In Bicameral Legislatures, Carolyn Griffith

Indiana Journal of Constitutional Design

Bicameral legislatures exist around the world, with power divisions to create checks and balances on the constitutional order as a whole. In the context of constitutional design, this presents a variety of options of roles and rights given to each chamber at each step in both the legislative process and beyond. Taken as a whole, this taxonomy demonstrates there are nearly an infinite number of possibilities for separating powers between upper and lower chambers in bicameral legislatures. Often, these decisions are guided by the history of the country. For each federal legislature that places powers or votes in one chamber, …

Thank You For Considering Me Such A Huge Threat: A Critical Analysis Of Iran's Foreign Policy, Liza Boyer

Honors Theses

The United States has long held the idea that Iran poses a threat to our interests as well as global stability, implying that Iran is irrational and makes decisions rooted purely in ideology. After creating an independent framework based on rational choice theory, descriptive decision theory, and the Constitution of the Islamic Republic of Iran, I determined four possible ways to describe Iran’s foreign policy: rational-constitutional, irrational-constitutional, rational-unconstitutional, and irrational-unconstitutional. I then apply this framework to six cases which I have identified to be vital to understanding Iran’s foreign policy: Iraq, Israel, United States of America, China, the nuclear program, …

Constitutional War Powers Of The United States: The Founding Prescription And Historical Adherence, Blake Annexstad

Honors Theses

When crafting the United States Constitution, America’s Founders carefully prescribed an institutional balance of the Nation’s war powers between the legislative and executive branches of the federal government. To examine the intentions of the Founders regarding the Nation’s war powers as well as how American leadership has adhered to this intent post-ratification, this study carefully analyzes the circumstances which compelled this balance as well as its application throughout the history of the American experiment. Following an examination of these circumstances and the history of the United States, it is clear that American leadership, despite adhering to the Founders’ intentions for …

State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah

Dickinson Law Review (2017-Present)

In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …

The Constitution And The Tennô – A Trial, Ernst Lokowandt

Japanese Society and Culture

For some time now, I have been thinking about the role of the Tennô versus the Constitution. The religious activities of the Tennô, be it the places of ceremonies, the succession ceremonies, or the yearly ceremonies, are according to most of the constitutional scholars, against the constitution. The present day chaos was made by the GHQ, who at the same time as arranging for the separation of religion and state they also held fast to the Emperor, in order to minimize the number of occupation soldiers and to institute the indirect occupation of Japan. The Emperor fell in between these …

Do We Intend To Keep Our Republic?, John M. Greabe

Law Faculty Scholarship

[Excerpt] Commentators recently have reminded us of a famous statement Benjamin Franklin allegedly made upon exiting Independence Hall on the final day of the 1787 Constitutional Convention. When asked whether the proposed Constitution would establish a monarchy or a republic, Franklin supposedly answered: "A republic, if you can keep it."

The anecdote, which both inspired the title of Supreme Court Justice Neil Gorsuch's recent book and was recounted by Speaker of the House Nancy Pelosi when she announced the impeachment inquiry into the conduct of the president, reminds us that our republican form of government is not to be taken …

Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron

Touro Law Review

No abstract provided.

A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips

Northwestern Journal of Law & Social Policy

No abstract provided.

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.

Constitutional Reflections Of The People: Representation In The Constitutions Of The United States (1789) And Chile (1833), Zoe E. Nelson

Undergraduate Theses, Professional Papers, and Capstone Artifacts

This paper is a comparative analysis of the American Constitution of 1789 and the Chilean Constitution of 1833, as well as the political writings of major political theorists prior to the making of each constitution. In comparing the historical development and making of Constitutions in post-war, newly independent American nations, this paper seeks to understand the similarities between American and Chilean Constitutional institutions and underlying political theory from a historical perspective. Bearing this purpose in mind, this paper asks, “In what ways were the Constitution making measures of Chile and the United States in 1833 and 1789, respectively, a reflection …

Necessary And Convenient: The Effect Of Commerce And Necessary And Proper Clause Jurisprudence, Janis Olkowicz

Honors Undergraduate Theses

While reading a news article about the upcoming presidential election one day, I noticed a trend. The vast majority of political articles discuss what the federal government should do, but almost never cover what it could do. In elementary school, American children are taught that the Constitution, a 4,543-word document, is the place from which all federal power is derived; but the Constitution says nothing about the regulation of travel, narcotics, or the vast majority of other areas that affect the way we live our daily lives, so where does that power come from? After some preliminary research, I discovered …

Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri

CMC Senior Theses

I have set out on the hunch that politics in America “feels different,” that we are frustrated both with our institutions as well as with one another. First, I will seek to empirically verify this claim beyond mere “feelings.” If it can be shown that these kinds of discontent genuinely exist to the extent that I believe they do, I will then explain why people feel this way and why things are different this time from the economic, political, and social points of view. Next, I will examine two potential responses, what I will call the populist and the institutional …