Law Commons^™

The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological …

The Defender General, Daniel Epps, William Ortman

Law Faculty Research Publications

No abstract provided.

Lobbying Against The Odds, Kirsten Matoy Carlson

Law Faculty Research Publications

No abstract provided.

Lobbying As A Strategy For Tribal Resilience, Kirsten Matoy Carlson

Law Faculty Research Publications

No abstract provided.

Rulemaking's Missing Tier, William Ortman

Law Faculty Research Publications

No abstract provided.

When Things Went Terribly, Terribly Wrong Part Ii, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Just Outcomes, Overreaching Rationales: How International Criminal Law's Achievements Augur Flawed Responses To Political Violence, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

The Western conception of the individual as a rational, self-directing agent is a mythology that organizes and distorts religion, science, economics, and politics. It produces an abstracted and atomized form of engagement that is fatal to collective self-governance. And it turns democracy into the enemy of equality. Considering the meaning of democracy and autonomy from a perspective that takes the subject as truly social would refocus our attention on the constitutive contexts and practices necessary for the production of citizens who are capable of meaningful self-governance. Under modern conditions, it is in the development of sexual autonomy that we learn …

Religion, Politics And American Foreign Policy In The Middle East, Robert A. Sedler

Law Faculty Research Publications

In the United States, religion and politics are intertwined. This entwinement helps to explain America's strong and unwavering support for Israel. Jewish-Americans, virtually across the board, are strong supporters of Israel, despite strong disagreement over a solution to the Israeli-Palestinian conflict.

The influence of Jewish-Americans on American foreign policy in the Middle East is primarily by way of Jewish strength in the Democratic party. Not only do Jewish-Americans strongly support Democratic candidates in all elections, but all but one of the disproportionately high number of Jewish Senators and Representatives in Congress are Democrats.

The Republicans are also strong supporters of …

Secessions, Coups, And The International Rule Of Law: Assessing The Decline Of The Effective Control Doctrine, Brad R. Roth

Law Faculty Research Publications

Attempted secessions (for example, Kosovo and Somaliland) and coups d'état (for example, Madagascar and Honduras in 2009) prompt contestation over whether or not legal status is to be conferred on local exercises of de facto authority. International legal standing has traditionally been established by victory in a trial by ordeal: a region initially integral to an existing state successfully establishes itself as an independent sovereign unit only where its secession movement creates - usually by decisive victory in an armed struggle -facts on the ground that appear irreversible; an insurgent faction successfully establishes itself as a government where it overthrows …

The Pitfalls Of Dealing With Witnesses In Public Corruption Prosecutions, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Affirmatively Denied: The Detrimental Effects Of A Reduced Grant Rate For Affirmative Asylum Seekers, Rachel D. Settlage

Law Faculty Research Publications

No abstract provided.

The Constitution And The American Federal System, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

A Different Take On The Roberts Court: The Court As An Institution, Ideology, And The Settled Nature Of American Constitutional Law, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

The Enduring Significance Of State Sovereignty, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Commentary: Symposium: Cannibal Democracies: Human Rights And Democracy In Turkey, Gregory Fox

Law Faculty Research Publications

No abstract provided.

Intolerant Democracies, Gregory H. Fox, Georg Nolte

Law Faculty Research Publications

International law is increasingly concerned with national transitions to democratic government. The holding of free and fair elections alone, however, provides no guarantee that a democratic system will become firmly established and capable of resisting challenges by anti-democratic actors. The question thus arises of how intolerant a democracy may become toward such actors in order to preserve itself without relinquishing the claim of being democratic. This problem has arisen on a number of occasions, perhaps the most dramatically upon the cancellation of the second round of the Algerian elections in early 1992.

This Article explores the legal issues raised by …

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Free Speech, Social Change And The Politics Of Law In The United States (Interview), Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.