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The Indispensable State, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.

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The Role Of A Supreme Court In A Democracy, And The Fight Against Terrorism, Aharon Barak

University of Miami Law Review

No abstract provided.

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Owen M. Fiss: The Influence Of His Pre-Legal Education, Morton J. Horwitz

University of Miami Law Review

No abstract provided.

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Democracy Through An Undemocratic Institution? The Church As Part Of Civil Society, Anne Gathuo

Trotter Review

With the resurgence of civil society in the last two decades, the church has risen in importance as an agency for democracy, campaigning for government reform and conducting civic education among citizens. Yet the church remains internally undemocratic and rigidly traditional. Can an institution that refuses to embrace democratic practices help enhance democracy in the wider society in which it operates? The author discusses the advantages and disadvantages that the church has in democratization, relative to other groups in civil society.

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Normative Creativity And Global Legal Pluralism: Reflections On The Democratic Critique Of Transnational Law, Oren Perez

Indiana Journal of Global Legal Studies

No abstract provided.

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The Civil Jury And American Democracy, Paul D. Carrington

Duke Journal of Comparative & International Law

No abstract provided.

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Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni

San Diego International Law Journal

Many today claim that, after WWII, the fall of the Berlin wall and, now, September 11, 2001, the changing nature of nation states, democracy, and the law can no longer be sensibly ignored. How can comparative law contribute to such an important debate? In what follows, it is argued that one way to contribute to the debate over the changing nature of nation states, democracy, and the law would be to engage in poetic comparisons of law's many domains. What, then, are poetic comparisons of law, and what do they invite us to do? Learning from Martin Heidegger's life-long advocacy …

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Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain

University of Richmond Law Review

No abstract provided.

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Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer

University of Richmond Law Review

No abstract provided.

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Response To Voting With Dollars: A New Paradigm For Campaign Finance, Fred Wertheimer, Alexandra T.V. Edsall

University of Richmond Law Review

No abstract provided.

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Hybridizing Citizenship, Kathryn Abrams

University of Richmond Law Review

No abstract provided.

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Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber

University of Richmond Law Review

No abstract provided.

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Voting With Cues, Elizabeth Garrett

University of Richmond Law Review

No abstract provided.

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Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan

University of Richmond Law Review

No abstract provided.

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Why A New Paradigm?, Bruce Ackerman, Ian Ayres

University of Richmond Law Review

No abstract provided.

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Disease And Cure?, L. A. Powe Jr.

Michigan Law Review

Sunstein uses Franklin's remark to make two related points. First, citizens bear the burden of maintaining the American republic as a healthy, vibrant place; being a citizen is decidedly different from being a consumer. The former has duties, the latter wants (pp. 113-23). Second, and this is the gist of the slender book, the republic is jeopardized by the possibilities of the Internet. Sunstein assumes the correctness of MIT technology specialist Nicholas Negroponte's conclusion that in the not-too-distant future we will be able to create a "Daily Me" on the Internet that will provide the personalized information (including news) that …

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The New Leviathan, Dennis Patterson

Michigan Law Review

Reputation in any field is an elusive phenomenon: part notoriety, part honor, part fame, part critical assessment. Even in legal scholarship it has an uneven, unpredictable quality. It is hard to imagine a book by a law professor that has had more immediate impact on world leaders than Philip Bobbitt's The Shield of Achilles. Much of the national-security strategy devised by the U.S. administration after the September 11 attacks expresses ideas Bobbitt conceived long before; and from a different point on the political spectrum is the Archbishop of Canterbury, whose televised nationwide address in January explicitly took the book as …

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Freedom In The Commons: Towards A Political Economy Of Information, Yochai Benkler

Duke Law Journal

In 1999, George Lucas released a bloated and much maligned “prequel” to the Star Wars Trilogy, called The Phantom Menace. In 2001, a disappointed Star Wars fan made a more tightly cut version, which almost eliminated a main sidekick called Jar-Jar Binks and subtly changed the protagonist—rendering Anakin Skywalker, who was destined to become Darth Vader, a much more somber child than the movie had originally presented. The edited version was named “The Phantom Edit.” Lucas was initially reported amused, but later clamped down on distribution. It was too late. The Phantom Edit had done something that would have been …

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Global Government Networks, Global Information Agencies, And Disaggregated Democracy, Anne-Marie Slaughter

Michigan Journal of International Law

This essay seeks to broaden our understanding of government networks by placing them in more historical context and by elaborating different types of government networks within and without traditional international institutions. After a brief overview of the literature on transgovernmentalism since the 1970s in Part I, Part H sets forth a typology of three different categories of government networks. Part III then seeks to pinpoint the specific accountability concerns associated with each type. Part IV offers one approach to answering some current accountability concerns by adapting the concept of "information agencies" from the European Union to the global level. This …

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Articulating The Right To Democratic Governance In Africa, Nsongurua J. Udombana

Michigan Journal of International Law

This Article articulates the right to democratic governance in Africa, arguing that democratic entitlement ought to acquire, if indeed it already has not acquired, a degree of legitimacy in the continent. If democratic governance is a fundamental human right, which this Article asserts it is, it follows that any African State that denies its citizens the right to any of the elements of democratic entitlement-such as free and open elections-is violating a fundamental right, which should attract responsibility. The Article begins with an examination of the patrimonial State structure in Africa and its negative impact on governance. It is a …

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Bringing People Back In: Collected Essays On Major Elections In Taiwan At The Turn Of The 21st Century, Wen-Hui Tsai

Maryland Series in Contemporary Asian Studies

No abstract provided.

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Philosophy And Opinions, Warren Ortland

William Mitchell Law Review

Review of Law, Pragmatism, and Democracy. By Richard A. Posner. Harvard University Press, 2003. 398 Pages. $35.00.

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