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Law and Politics

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2003

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Articles 1 - 30 of 45

Full-Text Articles in Law

Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar Dec 2003

Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar

Federal Communications Law Journal

Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …


Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent Oct 2003

Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent

American University Law Review

No abstract provided.


Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis Oct 2003

Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis

University of Michigan Journal of Law Reform

The Department ofJustice (DOJ) can compel individuals and entities to sacrifice their constitutional or statutory rights. The DOJ can do so through brute political force, settlements and consent decrees, selective statutory enforcement, and prosecutions that coerce future actors not to pursue goals contrary to the policy desires of the executive branch. The current regime provides few constraints on the DOJ's ability to abuse its legal authority to achieve political objectives. This unbridled power jeopardizes the rights of both opposing and third parties.

This Note examines, in a bipartisan manner, the methods the Justice Department employs that deprive opponents or third …


Trends. Suicidal Terrorism And The Death Penalty, Ibpp Editor Sep 2003

Trends. Suicidal Terrorism And The Death Penalty, Ibpp Editor

International Bulletin of Political Psychology

This Trends article discusses why an established death penalty for terrorists who would, by their own actions, suicide might be appropriate.


The Politics Of Medicare Reform, Jonathan Oberlander Sep 2003

The Politics Of Medicare Reform, Jonathan Oberlander

Washington and Lee Law Review

No abstract provided.


The "Embarrassing" Section 134, Frederick Mark Gedicks Sep 2003

The "Embarrassing" Section 134, Frederick Mark Gedicks

BYU Law Review

No abstract provided.


Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers Sep 2003

Public Financing Of Judicial Campaigns: Practices And Prospects , Michael W. Bowers

Nevada Law Journal

No abstract provided.


Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander Sep 2003

Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander

Washington and Lee Law Review

No abstract provided.


A Critical Methodology Of Globalization: Politics Of The 21st Century?, Vidya S. A. Kumar Jul 2003

A Critical Methodology Of Globalization: Politics Of The 21st Century?, Vidya S. A. Kumar

Indiana Journal of Global Legal Studies

No abstract provided.


Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander Jun 2003

Campaign Finance Reform: Central Meaning And A New Approach, Mark C. Alexander

Washington and Lee Law Review

No abstract provided.


Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain May 2003

Cheap Talk Citizenship: The Democratic Implications Of Voting With Dollars, Bruce E. Cain

University of Richmond Law Review

No abstract provided.


Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer May 2003

Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer

University of Richmond Law Review

No abstract provided.


Response To Voting With Dollars: A New Paradigm For Campaign Finance, Fred Wertheimer, Alexandra T.V. Edsall May 2003

Response To Voting With Dollars: A New Paradigm For Campaign Finance, Fred Wertheimer, Alexandra T.V. Edsall

University of Richmond Law Review

No abstract provided.


Hybridizing Citizenship, Kathryn Abrams May 2003

Hybridizing Citizenship, Kathryn Abrams

University of Richmond Law Review

No abstract provided.


Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber May 2003

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

University of Richmond Law Review

No abstract provided.


Voting With Cues, Elizabeth Garrett May 2003

Voting With Cues, Elizabeth Garrett

University of Richmond Law Review

No abstract provided.


Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan May 2003

Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan

University of Richmond Law Review

No abstract provided.


Why A New Paradigm?, Bruce Ackerman, Ian Ayres May 2003

Why A New Paradigm?, Bruce Ackerman, Ian Ayres

University of Richmond Law Review

No abstract provided.


"Lobbying Activities" And Presidential Pardons: Will Legislators' Efforts To Amend The Lda Lead To Increasingly Hard-Lined Jurisprudence? , Kathryn L. Plemmons May 2003

"Lobbying Activities" And Presidential Pardons: Will Legislators' Efforts To Amend The Lda Lead To Increasingly Hard-Lined Jurisprudence? , Kathryn L. Plemmons

Brigham Young University Journal of Public Law

No abstract provided.


Barriers To Participation, Trevor Potter, Marianne H. Viray Apr 2003

Barriers To Participation, Trevor Potter, Marianne H. Viray

University of Michigan Journal of Law Reform

Despite the nation's founding commitment to participatory democracy, many barriers to candidate and public participation in the electoral process are damaging the public's confidence that our elections are fair and open to full participation by candidates and voters.

The nominating processes created by the two major parties mainly serve the goals of party "insiders" and the more politically extreme factions, at the expense of competition and public confidence in the two-party system. At the same time, barriers to minor party and independent candidates-closed primaries, excessive early-voter registration requirements and complicated state primary and general ballot access requirements-operate to foreclose the …


Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton And George W. Bush, John Anthony Maltese Apr 2003

Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton And George W. Bush, John Anthony Maltese

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson Apr 2003

Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson

The Journal of Appellate Practice and Process

No abstract provided.


On The Moral Justifiability Of Terrorism (State And Otherwise), Kai Nielsen Apr 2003

On The Moral Justifiability Of Terrorism (State And Otherwise), Kai Nielsen

Osgoode Hall Law Journal

Characterizes and discusses terrorism and considers when, if ever, terrorism might be morally justified. Focuses on "state terrorism" arguing that it is the main engine for creating and sustaining other forms of terrorism.


Keeping Up With The Neighbours: Canadian Responses To 9/11 In Historical And Comparative Context, Reg Whitaker Apr 2003

Keeping Up With The Neighbours: Canadian Responses To 9/11 In Historical And Comparative Context, Reg Whitaker

Osgoode Hall Law Journal

The impact of 9/11 on Canada is assessed in historical context, in relation to the coming of the Cold War in the 1940s and the October 1970 Le Front de Liberation du Quebec terrorist crisis in Quebec. Canadian policy responses to 9/11 are then considered in the comparative context of responses from Canada's closest neighbours, the United States and the United Kingdom. Although to some degree, Canada can be seen to be trying to 'keep up with the neighbours', Canadian responses are more determined by specifically Canadian requirements, especially the need to protect Canadian sovereignty and economic security from the …


Civil Resistance And The Diversity Of Tactics In The Anti-Globalization Movement: Problems Of Violence, Silence, And Solidarity In Activist Politics, Janet Conway Apr 2003

Civil Resistance And The Diversity Of Tactics In The Anti-Globalization Movement: Problems Of Violence, Silence, And Solidarity In Activist Politics, Janet Conway

Osgoode Hall Law Journal

This article examines the (re)emergence of large-scale civil disobedience and the accompanying debates about violence and non-violence in the contemporary anti-globalization movement. Rooted in the Canadian movement but in conversation with wider debates, the article tracks movement practices and debates from the Battle of Seattle through to the Quebec Summit. The debate took a new turn in Genoa, with massive police brutality and the killing of a protester, and again following the events of September 11, 2001. The central argument of the article is that the new forms of civil resistance embody a critique of prevailing forms of organization, participation, …


Popular Rogues: Citizen Opinion About Political Corruption, Darrell M. West, Katherine Stewart Mar 2003

Popular Rogues: Citizen Opinion About Political Corruption, Darrell M. West, Katherine Stewart

New England Journal of Public Policy

Trust in the honesty of public officials is a crucial condition for stable democratic systems. Yet despite the presumed centrality of honesty in government, there has been a long tradition of “popular rogues” who are considered dishonest and corrupt, but retain popularity for their strong and effective leadership. In this paper, we look at the phenomenon of popular rogues using the case of the former Mayor Buddy Cianci of Providence, Rhode Island. With data from two statewide Rhode Island opinion surveys (one before the trial and the other at its end), we present a “teeter-totter” model of public opinion whereby …


Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott Mar 2003

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.


Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla Mar 2003

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen Mar 2003

Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen

University of Richmond Law Review

No abstract provided.


Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin Mar 2003

Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin

University of Richmond Law Review

No abstract provided.