Digital Commons Network^™

Countering Nationalist Oligarchy, Ganesh Sitaraman

Ganesh Sitaraman

The challenge we face today is not one of authoritarianism, as so many seem inclined to believe, but of nationalist oligarchy. This form of government feeds populism to the people, delivers special privileges to the rich and well-connected, and rigs politics to sustain its regime.

Nationalist oligarchy is an existential threat to American democracy. The countries already under its thrall steal technology and use economic power as political leverage. Some of them are actively trying to undermine democracy, through cyber attacks, hacking, and social media disinformation. And they spread bribery and corruption around the world—deepening inequality and threatening to turn …

Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle

Evan J. Criddle

No abstract provided.

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

Daniel A Farber

No abstract provided.

Do Regime Types Matter - July .Docx, Margaret Slusher

Margaret Slusher

Echoes Of Slavery Ii: How Slavery's Legacy Distorts Democracy, Juan F. Perea

Juan F. Perea

No abstract provided.

Taking The Threat To Democracy Seriously, Bruce Ledewitz

Bruce Ledewitz

What Has Gone Wrong And Can We Do About It, Bruce Ledewitz

Bruce Ledewitz

The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh

Nancy Welsh

A justice system, and the processes located within it, ought to deliver justice. That seems simple enough. But, of course, delivering justice is never so simple. Justice and the systems that serve it are the creatures of context.

This Article considers mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article outlines how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation’s citizens as …

Term Accountability, Adam White

Adam White

Young People’S Views Of Government, Peaceful Coexistence, And Diversity In Five Latin American Countries: Iea International Civic And Citizenship Education Study 2016 Latin American Report, Wolfram Schulz, John Ainley, Cristián Cox, Tim Friedman

Dr Wolfram Schulz

ICCS 2016 was the second cycle of the IEA Civic and Citizenship Education Study (ICCS). ICCS studies the ways in which education systems from around the world prepare young people to undertake their roles as citizens in society. In Latin America, this area of learning is set within particular challenges and contexts. Compared to established Western democracies, most countries in this region returned to democratic rule only three or four decades ago or even more recently, and their political, social, and economic stability continues to be called into question. Surveys have consistently found that commitment to democracy among adults in …

Democracy And Scientific Expertise: Illusions Of Political And Epistemic Inclusion, J.D. Trout

J.D. Trout

Realizing the ideal of democracy requires political inclusion for citizens. A legitimate democracy must give citizens the opportunity to express their attitudes about the relative attractions of different policies, and access to political mechanisms through which they can be counted and heard. Actual governance often aims not at accurate belief, but at nonepistemic factors like achieving and maintaining institutional stability, creating the feeling of government legitimacy among citizens, or managing access to influence on policy decision-making. I examine the traditional relationship between inclusiveness and accuracy, and illustrate this connection by discussing empirical work on how group decision-making can improve accuracy. …

The Ideology Of Human Rights, Makau Wa Mutua

Makau Mutua

This piece argues that although human rights is an ideology although it presents itself as non-ideological, non-partisan, and universal. It contends that the human rights corpus, taken as a whole, as a document of ideals and values, particularly the positive law of human rights, requires the construction of states to reflect the structures and values of governance that derive from Western liberalism, especially the contemporary variations of liberal democracy practiced in Western democracies. Viewed from this perspective, the human rights regime has serious and dramatic implications for questions of cultural diversity, the sovereignty of states, and the universality of human …

Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law (Book Review), Makau Mutua

Makau Mutua

This is a review of Jeremy Levitt’s edited collection of chapters in Africa: Mapping the Boundaries of International Law, which is an impressive work to the dearth of scholarship on Africa’s contribution to the normative substance and theory of international law. The book explicitly seeks to counter the racist mythology that Africans were tabula rasa in international law. In his own introduction to the book, Levitt makes it clear that “Africa is a legal marketplace, not a lawless basket case.” The eight contributors to the book are renowned scholars who make the case that Africa is not stuck in pre-history …

Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Mutua

Makau Mutua

The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.

Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger

Errol Meidinger

This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Semiotic Disobedience, Sonia K. Katyal

Sonia Katyal

Nearly twenty years ago, a prominent media studies professor, John Fiske, coined the term “semiotic democracy” to describe a world where audiences freely and widely engage in the use of cultural symbols in response to the forces of media. A semiotic democracy enables the audience, to a varying degree, to “resist,” “subvert,” and “recode” certain cultural symbols to express meanings that are different from the ones intended by their creators, thereby empowering consumers, rather than producers. In this Article, I seek to introduce another framework to supplement Fiske’s important metaphor: the phenomenon of “semiotic disobedience.” Three contemporary cultural moments in …

The Public Sphere As Site Of Emancipation And Enlightenment: A Discourse Theoretic Critique Of Digital Communication, David Ingram, Asaf Bar-Tura

David Ingram

Habermas claims that an inclusive public sphere is the only deliberative forum for generating public opinion that satisfies the epistemic and normative conditions underlying legitimate decision-making. He adds that digital technologies and other mass media need not undermine – but can extend – rational deliberation when properly instituted. This paper draws from social epistemology and technology studies to demonstrate the epistemic and normative limitations of this extension. We argue that current online communication structures fall short of satisfying the required epistemic and normative conditions. Furthermore, the extent to which Internet-based communications contribute to legitimate democratic opinion and will formation depends …

The Undue Cost Of Academic Publishing: Democratizing Information Access, Memo Cordova, Amber Sherman

Amber Sherman

Many scholarly articles that contain research useful to the public are locked behind expensive subscription databases. Coupled with existing publishing and tenure/promotion practices, these contribute to a system that excludes the majority of citizens from accessing current academic findings. However, by publishing academic articles in open access journals instead, faculty at colleges and universities can play an important role in making it easier, and less expensive, for the public, media, and local leaders to read their work. This requires faculty to make different choices and a concurrent shift in how academic departments evaluate faculty publications.

Realising Peace Potential Of Constitution, Tatsushi Arai

Tatsushi Arai

The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen

Mathilde Cohen

Democracy's Handmaid, Robert L. Tsai

Robert L Tsai

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …

From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell

Thomas W. Mitchell

This article considers one of the primary ways in which African Americans have lost millions of acres of land that they were able to acquire in the latter part of the nineteenth century and the beginning part of the twentieth century and the sociopolitical implications of this land loss. Specifically, this article highlights the fact that forced partition sales of tenancy in common property, referred to more commonly as heirs' property, have been a major source of black land loss within the African American community. The article argues that involuntary black land loss has had a significant negative impact upon …

Moral Virtue, Civic Virtue, And Pluralism, Stephen C. Angle

Stephen C. Angle

The State Of Our Field: Introduction To The Special Issue, Laura W. Black, Nancy L. Thomas, Timothy J. Shaffer Phd

Thomas L. Shaffer

This article introduces the special "State of the Field" issue. The essay highlights some of the key tensions that our field is wrestling with at the moment, and advocates that we think carefully about the terms we use to describe our work. It previews the articles in this special issue and urges future work in the field to take up the ideas, questions, and challenges posed by these essays.

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …

The Shi'ites, The West And The Future Of Democracy: Reframing Political Change In A Religio-Secular World, John Rees

John A Rees

The present article critically reviews Paul McGeough’s important analysis of the most recent Iraq war within a broader consideration of secular-religious relations in international affairs. The thesis of Mission Impossible: The Sheikhs, the US and the Future of Iraq (2004) can be summarised around two ideas: that the US strategy in Iraq was flawed because it wilfully bypassed the traditional power structures of Iraqi society; and that these structures, formed around the tribe and the mosque, are anti-democratic thus rendering attempts at democratisation impossible. The article affirms McGeough’s argument concerning the inadequacy of the US strategy, but critically examines the …

Amendment Creep, Jonathan L. Marshfield

Jonathan Marshfield

Lessons From The Swiss Experience Of Nation-Building: Implications For Multi-National Societies In Conflict, Tatsushi Arai

Tatsushi Arai

Democracy And Torture, Patrick A. Maurer

Patrick A Maurer

September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.