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2016

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Articles 1 - 30 of 151

Full-Text Articles in Law

Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate Dec 2016

Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate

Journal of Legislation

No abstract provided.


Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano Dec 2016

Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano

Journal of Law and Policy

The First Amendment is not the guardian of taste. Instead, the U.S. Constitution wholeheartedly protects freedom of thought and expression, even if generated and defined by hatred, as long as that expression does not produce immediate lawless violence. Although free speech may lead to tenuous relationships or uncomfortable debates, it must be defended unconditionally. Too many politicians and lawmakers believe that the freedom of speech protected by the First Amendment attaches only to those ideas and expressions that they approve of; this is not so. This article argues that the Founders intended the First Amendment's free speech principle as a …


Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen Dec 2016

Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen

Journal of Law and Policy

As a lifelong activist on behalf of both equality and free speech, I am convinced, based on actual experience, that these core values are mutually reinforcing, and not, as some have argued, in tension with each other. Moreover, I am convinced that this is true even for offensive or hateful speech that affronts our most cherished beliefs. However, defining hateful or offensive speech is inherently arbitrary and subjective, which raises concerns about what speech should be restricted, and how. Empowering government to punish hateful or offensive expresson necessarily vests officials with enormous discretionary power, which will inevitably lead to arbitrary …


Where's The Fire?, Burt Neuborne Dec 2016

Where's The Fire?, Burt Neuborne

Journal of Law and Policy

Freedom of speech is priceless, but distressingly fragile. Life, and law, would be much simpler if we could react to free speech's importance and fragility by granting it absolute legal protection. Since, however, absolute protection of speech is not—and should not be—a serious option, we face the legal realist challenge of erecting a First Amendment legal structure capable of providing real-world protection to highly controversial speech, often by weak speakers, without closing the door to government regulation. Given the uncertainty inherent in applying fact-dependent complex rules in protean factual settings, many potential speakers would avoid being drawn into unpredictable and …


A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart Dec 2016

A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart

Journal of Law and Policy

Legal scholars, educational administrators, journalists, and students have all witnessed a rise in students being disciplined by university officials for speech and conduct deemed inappropriate for college campuses. In endeavoring to explain this trend, some academics point to the disconnect between the Department of Education and university administrators regarding the legal standards for campus anti-harassment policies. The lack of clarity regarding what constitutes harassment on college campuses has resulted in the punishment of students by universities for speech and conduct that is normally considered to be protected speech under the First Amendment. This note first provides an overview of the …


The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith Dec 2016

The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith

Journal of Law and Policy

This article discusses the issue of campaign finance and the impact money has on the political process in the country. The author suggests campaign finance regulations that curb the current threat it poses to the system, as well as the First Amendment itself. Lastly, the author discusses the impact academics have had on the debate and this decline in support of free speech that has resulted from the debate.


Producing Democratic Vibrancy, K. Sabeel Rahman Dec 2016

Producing Democratic Vibrancy, K. Sabeel Rahman

Journal of Law and Policy

Professor Rahman gives his thoughts and opinions on the impact of Citizens' United v. FEC and the growth of the First Amendment debate since. The comment analyzes the normative udnerstanding of democracy and the ongoing debate campaifgn finance have. Professor Rahman concludes by suggesting that the debate is wrongly focused on the indivudals being consumers of politcal speech rather than the producers of it.


When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido Dec 2016

When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer Nov 2016

Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer

Georgia Journal of International & Comparative Law

No abstract provided.


Beyond Punks In Empty Chairs: An Imaginary Conversation With Clint Eastwood’S Dirty Harry—Toward Peace Through Spiritual Justice, Mark L. Jones Nov 2016

Beyond Punks In Empty Chairs: An Imaginary Conversation With Clint Eastwood’S Dirty Harry—Toward Peace Through Spiritual Justice, Mark L. Jones

University of Massachusetts Law Review

This Article is based on a presentation at the 2012 conference on “Struggles for Recognition: Individuals, Peoples, and States” co-sponsored by Mercer University, the Concerned Philosophers for Peace, and the Carnegie Council for Ethics in International Affairs, and it seeks to help combat our human tendency to demonize the Other and thus to contribute in some small way to the reduction of unnecessary conflict and violence. The discussion takes the form of a conversation in a bar between four imagined protagonists, who have participated in the conference, and Clint Eastwood’s Dirty Harry, who is having a bad day questioning his …


The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha Nov 2016

The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha

Indiana Journal of Constitutional Design

The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in which …


If It Looks Like A Super Pac, Acts Like A Super Pac, And Is Restricted Like A Super Pac, Then Treat It Like A Super Pac: Why Contribution Limits On A Hybrid Pac’S Independent-Expenditure Arm Are Impermissible, Jacob N. Kipp Oct 2016

If It Looks Like A Super Pac, Acts Like A Super Pac, And Is Restricted Like A Super Pac, Then Treat It Like A Super Pac: Why Contribution Limits On A Hybrid Pac’S Independent-Expenditure Arm Are Impermissible, Jacob N. Kipp

William & Mary Bill of Rights Journal

No abstract provided.


A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman Oct 2016

A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman

Northwestern University Law Review

The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …


Standing Up For Legislators: Reevaluating Legislator Standing In The Wake Of Kerr V. Hickenlooper, William D. Gohl Oct 2016

Standing Up For Legislators: Reevaluating Legislator Standing In The Wake Of Kerr V. Hickenlooper, William D. Gohl

Northwestern University Law Review

Hornbook constitutional law establishes that Congress and state legislatures are bodies of limited, enumerated powers, and common sense suggests they should get their act together and exercise them more often. But should legislators be permitted to sue in order to exercise their powers when another branch of government infringes on them unconstitutionally, or the body they represent unconstitutionally limits them? This Note argues that, at least in certain circumstances, they should. Following on the heels of the Tenth Circuit’s recent treatment of the issue in its Kerr v. Hickenlooper decisions, this Note proposes a redefinition of the legislator standing doctrine …


Book Review: Genocide On The Drina River, Iva Vukušić Oct 2016

Book Review: Genocide On The Drina River, Iva Vukušić

Genocide Studies and Prevention: An International Journal

No abstract provided.


New Judicial Review In Old Europe, Alyssa S. King Sep 2016

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.


The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen Sep 2016

The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen

Penn State Journal of Law & International Affairs

No abstract provided.


International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song Sep 2016

International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song

Penn State Journal of Law & International Affairs

No abstract provided.


Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood Sep 2016

Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood

Penn State Journal of Law & International Affairs

No abstract provided.


Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff Sep 2016

Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff

Penn State Journal of Law & International Affairs

No abstract provided.


The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant Sep 2016

The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant

Penn State Journal of Law & International Affairs

No abstract provided.


Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin Sep 2016

Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin

Penn State Journal of Law & International Affairs

No abstract provided.


Violence Against Women Symposium And Collected Works Sep 2016

Violence Against Women Symposium And Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.


The Fate Of Armed Resistance Groups After Peace, David C. Williams Aug 2016

The Fate Of Armed Resistance Groups After Peace, David C. Williams

Indiana Journal of Constitutional Design

No abstract provided.


The Voice Of The People: Public Participation In The African Continent, Rafael Macia Aug 2016

The Voice Of The People: Public Participation In The African Continent, Rafael Macia

Indiana Journal of Constitutional Design

Public participation is becoming a more common characteristic of constitutional drafting processes around the world, and Africa has not been an exception in this regard. This paper seeks to survey several of the public participation processes undertaken in a number of African nations, in order to examine the methods followed and the effects produced by such processes. For that purpose, I have analyzed the constitutional drafting efforts in South Africa, Uganda, Eritrea, Zimbabwe, Rwanda, Kenya, and Egypt. These processes all show different circumstances and approaches, with variations in terms of their top-down or bottom-up nature, and, more importantly, in terms …


National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly Aug 2016

National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly

Penn State Journal of Law & International Affairs

No abstract provided.


Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood Aug 2016

Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood

Penn State Journal of Law & International Affairs

No abstract provided.


The Price Of United States Noncompliance With United Nations Rhodesian Sanctions, Evita A. Paschall Jul 2016

The Price Of United States Noncompliance With United Nations Rhodesian Sanctions, Evita A. Paschall

Georgia Journal of International & Comparative Law

No abstract provided.


The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito Jul 2016

The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito

Georgia Journal of International & Comparative Law

No abstract provided.


A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust Jul 2016

A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.