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Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Law and Contemporary Problems
Deliberative democracy is one of the most discussed contemporary political theories. Schroeder argues that its central claim can be understood as the claim that politics needs to become more like law. While specific recommendations to make specific decision processes more deliberative are fair, the attempt to efface the distinctively non-lawlike attributes of politics entirely cannot withstand scrutiny.
Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia
Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia
Law and Contemporary Problems
Lupia argues that the suggestions of those who advocate deliberative democracy to incorporate more and more law-like precepts into politics will not achieve the ultimate ambition of deliberative theory, which is to have the resolution of disputes turn on nothing but the force of the better argument. Lupia discusses mechanisms to build civic competence by creating conditions in which the better argument has an improved change of winning the battle.
Deliberative Democracy And Campaign Finance Reform, Neil Kinkopf
Deliberative Democracy And Campaign Finance Reform, Neil Kinkopf
Law and Contemporary Problems
Deliberative theory is concerned with the problem of dissensus and justification--the exercise of state power is justified through a process of public reasoning. Kinkopf examines deliberative theory and illustrates its problems through the campaign finance reform debate.
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
Law and Contemporary Problems
Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.
Situating Liberalism In Transnational Legal Space, Don Suh
Situating Liberalism In Transnational Legal Space, Don Suh
Duke Journal of Comparative & International Law
No abstract provided.
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Law and Contemporary Problems
The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.
Whither Securities Regulation? Some Behavioral Observations Regarding Proposals For Its Future, Robert Prentice
Whither Securities Regulation? Some Behavioral Observations Regarding Proposals For Its Future, Robert Prentice
Duke Law Journal
Respected commentators have floated several proposals for startling reforms of America's seventy-year-old securities regulation scheme. Many involve substantial deregulation with a view toward allowing issuers and investors to contract privately for desired levels of disclosure and fraud protection. The behavioral literature explored in this Article cautions that in a deregulated securities world it is exceedingly optimistic to expect issuers voluntarily to disclose optimal levels of information, securities intermediaries such as stock exchanges and stockbrokers to appropriately consider the interests of investors, or investors to be able to bargain efficiently for fraud protection.
Rational Expectations Of Leniency: Implicit Plea Agreements And The Prosecutor’S Role As A Minister Of Justice, Eli Paul Mazur
Rational Expectations Of Leniency: Implicit Plea Agreements And The Prosecutor’S Role As A Minister Of Justice, Eli Paul Mazur
Duke Law Journal
No abstract provided.
A Feminist Look At The Death Penalty, Amy E. Pope
A Feminist Look At The Death Penalty, Amy E. Pope
Law and Contemporary Problems
Pope gives an exploration of the need for a feminist perspective on capital punishment. She then begins to determine which feminist methodology is most appropriate to an analysis of the death penalty.