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Law and Politics

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2015

Democracy

Articles 1 - 8 of 8

Full-Text Articles in Law

Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz Apr 2015

Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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Langston Hughes: The Ethics Of Melancholy Citizenship, Robert L. Tsai Mar 2015

Langston Hughes: The Ethics Of Melancholy Citizenship, Robert L. Tsai

Robert L. Tsai

As a body of work, the poetry of Langston Hughes presents a vision of how members of a political community ought to comport themselves, particularly when politics yield few tangible solutions to their problems. Confronted with human degradation and bitter disappointment, the best course of action may be to abide by the ethics of melancholy citizenship. A mournful disposition is associated with four democratic virtues: candor, pensiveness, fortitude, and self-abnegation. Together, these four characteristics lead us away from democratic heartbreak and toward political renewal. Hughes’s war-themed poems offer a richly layered example of melancholy ethics in action. They reveal how …

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An Addendum In Light Of Recent Developments, Bruce Ledewitz Jan 2015

An Addendum In Light Of Recent Developments, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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Democratic Rulemaking, John M. De Figueiredo, Edward H. Stiglitz Jan 2015

Democratic Rulemaking, John M. De Figueiredo, Edward H. Stiglitz

Faculty Scholarship

This paper examines to what extent agency rulemaking is democratic. It reviews theories of administrative rulemaking in light of two normative benchmarks: a “democratic” benchmark based on voter preferences, and a “republican” benchmark based on the preferences of elected representatives. It then evaluates how the empirical evidence lines up in light of these two approaches. The paper concludes with a discussion of avenues for future research.

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Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer Jan 2015

Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

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Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz Jan 2015

Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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Estructuras De Apoyo Y Justicia Dialógica. Vías Para La Reconciliación Entre Constitucionalismo Y Democracia, Juan Luis Hernández Macías Dec 2014

Estructuras De Apoyo Y Justicia Dialógica. Vías Para La Reconciliación Entre Constitucionalismo Y Democracia, Juan Luis Hernández Macías

Juan Luis Hernández Macías

No abstract provided.

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A Quantum Congress, Jorge R. Roig Dec 2014

A Quantum Congress, Jorge R. Roig

Jorge R Roig

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …

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