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Articles 31 - 60 of 114
Full-Text Articles in Law
Preferential Judicial Activism, Sudha Setty
Preferential Judicial Activism, Sudha Setty
Journal of Race, Gender, and Ethnicity
No abstract provided.
Frederick Douglass On Shelby County, Olympia Duhart
Frederick Douglass On Shelby County, Olympia Duhart
Journal of Race, Gender, and Ethnicity
No abstract provided.
Post Oppression, Christian B. Sundquist
Post Oppression, Christian B. Sundquist
Journal of Race, Gender, and Ethnicity
No abstract provided.
Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan
Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan
Journal of Race, Gender, and Ethnicity
No abstract provided.
Shelby County V. Holder: A Critical Analysis Of The Post-Racial Movement’S Relationship To Bystander Denial And Its Effect On Perceptions Of Ongoing Discrimination In Voting, Abra S. Mason
Journal of Race, Gender, and Ethnicity
No abstract provided.
Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy
Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy
Journal of Race, Gender, and Ethnicity
No abstract provided.
Setting Congress Up To Fail, Margaret B. Kwoka
Setting Congress Up To Fail, Margaret B. Kwoka
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Voting Game, Sarah R. Robinson
The Voting Game, Sarah R. Robinson
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Second Reconstruction Is Over, Robert V. Ward Jr.
The Second Reconstruction Is Over, Robert V. Ward Jr.
Journal of Race, Gender, and Ethnicity
No abstract provided.
Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer
Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer
Journal of Race, Gender, and Ethnicity
No abstract provided.
Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood
Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood
Journal of Race, Gender, and Ethnicity
No abstract provided.
Demography And Democracy, Phyllis Goldfarb
Demography And Democracy, Phyllis Goldfarb
Journal of Race, Gender, and Ethnicity
No abstract provided.
Elimination Dance, Sarah Jane Forman
Elimination Dance, Sarah Jane Forman
Journal of Race, Gender, and Ethnicity
No abstract provided.
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Journal of Race, Gender, and Ethnicity
No abstract provided.
Election Law—Introduction, Jessica A. Levinson
Election Law—Introduction, Jessica A. Levinson
Loyola of Los Angeles Law Review
No abstract provided.
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Touro Law Review
No abstract provided.
Second-Order Diversity Revisited, Jeffrey Abramson
Second-Order Diversity Revisited, Jeffrey Abramson
William & Mary Law Review
No abstract provided.
Statutory Interpretation As Constestatory Democracy, Glen Staszewski
Statutory Interpretation As Constestatory Democracy, Glen Staszewski
William & Mary Law Review
This Article provides a novel solution to the countermajoritarian difficulty in statutory interpretation by applying recent insights from civic republican theory to the adjudication of statutory disputes in the modern regulatory state. From a republican perspective, freedom consists of the absence of the potential for arbitrary domination, and democracy should therefore include both electoral and contestatory dimensions. The Article argues that statutory interpretation in the modern regulatory state is best understood as a mechanism of contestatory democracy. It develops this conception of statutory interpretation by considering the distinct roles of legislatures, administrative agencies, and courts in making and implementing the …
Democracy And The Right To Vote: Rethinking Democratic Rights Under The Charter, Yasmin Dawood
Democracy And The Right To Vote: Rethinking Democratic Rights Under The Charter, Yasmin Dawood
Osgoode Hall Law Journal
This article addresses the Supreme Court of Canada’s theory of democracy and the right to vote. After setting forth the Court’s general approach to democracy, I develop a new conceptual framework for the Court’s approach to democratic rights. First, I argue that the Court has adopted a “bundle of democratic rights” approach to the right to vote. By this I mean that the Court has interpreted the right to vote as consisting of multiple democratic rights, each of which is concerned with a particular facet of democratic governance. Second, I claim that the democratic rights recognized by the Court are …
The Cosmopolitan Turn In Constitutionalism: An Integrated Conception Of Public Law, Mattias Kumm
The Cosmopolitan Turn In Constitutionalism: An Integrated Conception Of Public Law, Mattias Kumm
Indiana Journal of Global Legal Studies
If the point of constitutionalism is to define the legal framework within which collective self-government can legitimately take place, constitutionalism has to take a cosmopolitan turn: it has to occupy itself with the global legitimacy conditions for the exercise of state sovereignty. Contrary to widely made implicit assumptions in constitutional theory and practice, constitutional legitimacy is not self-standing. Whether a national constitution and the political practices authorized by it are legitimate does not depend only on the appropriate democratic quality and rights-respecting nature of domestic legal practices. Instead, national constitutional legitimacy depends, in part, on how the national constitution is …
Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer
Criminal Justice, Local Democracy, And Constitutional Rights, Stephen J. Schulhofer
Michigan Law Review
Universally admired, and viewed with great affection, even love, by all who knew him, Harvard law professor Bill Stuntz died in March 2011 at the age of fifty-two, after a long, courageous battle with debilitating back pain and then insurmountable cancer. In a career that deserved to be much longer, Stuntz produced dozens of major articles on criminal law and procedure. He was a leader in carrying forward the work of scholars who had analyzed criminal justice through the lens of economic analysis, and he added his own distinctive dimension by insisting on the importance of political incentives, with their …
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
William & Mary Law Review
Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown
Pepperdine Law Review
No abstract provided.
A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso
A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
"Worse Than The Disease": The Anti-Corruption Principle, Free Expression, And The Democratic Process, Martin H. Redish, Elana Nightingale Dawson
"Worse Than The Disease": The Anti-Corruption Principle, Free Expression, And The Democratic Process, Martin H. Redish, Elana Nightingale Dawson
William & Mary Bill of Rights Journal
No abstract provided.
Changing Burma From Without: Political Activism Among The Burmese Diaspora, David C. Williams
Changing Burma From Without: Political Activism Among The Burmese Diaspora, David C. Williams
Indiana Journal of Global Legal Studies
This Article examines the role that the Burmese diaspora plays from afar in influencing reform inside the country. It offers a brief history of the crisis in Burma as background for identifying the various elements of the diaspora: those on the run from the military; those in camps for internally displaced persons and refugees; migrant workers; leaders of the democracy movement active on Burma's borders; asylees; and professional activists with influence on the international community. The different groups use the different strategies available to them. The leadership on the borders is helping to lead the democracy movement inside the country; …
Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams
Democracy, Gender Equality, And Customary Law: Constitutionalizing Internal Cultural Disruption, Susan H. Williams
Indiana Journal of Global Legal Studies
Customary law often includes gender discriminatory rules that violate women's rights under constitutional equality guarantees. Dialogic democracy theory offers valuable tools that can help a legal system both to protect customary law and to protect the equality of its women citizens. By focusing on the need for challenge and on the dialogue within the cultural community, the legal system can create incentives and conditions to support the capacity of women to shape the customary law of their own communities. This approach is necessary because legal rights for women, when imposed by the larger society, often result in backlash within minority …
Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson
Inferiorizing Judicial Review: Popular Constitutionalism In Trial Courts, Ori Aronson
University of Michigan Journal of Law Reform
The ongoing debates over the legitimacy of judicial review-the power of courts to strike down unconstitutional statutes-as well as the evolving school of thought called "popular constitutionalism, " are characterized by a preoccupation with the Supreme Court as the embodiment of judicial power This is a striking shortcoming in prevailing constitutional theory, given the fact that in the United States, inferior courts engage in constitutional adjudication and in acts of judicial review on a daily basis, in ways that are importantly different from the familiar practices of the Supreme Court. The Article breaks down this monolithic concept of "the courts" …
The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios
The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios
Osgoode Hall Law Journal
This article asks and answers the question of what conditions must be met for a constitutional regime to enjoy democratic legitimacy. It argues that the democratic legitimacy of a constitutional regime depends on its susceptibility to democratic re-constitution. In other words, it argues that a constitution must provide an opening, a means of egress for constituent power to manifest from time to time. In developing this argument, the article advances a distinction between ordinary constitutional reform -- understood as subject to certain limits -- and the exercise of constituent power through which a society produces novel juridical forms without being …