Law Commons^™

It's Not Just Larsen, Bruce Ledewitz

Ledewitz Papers

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

Maine Women's Lobby News Letter (1993 - November) No. 5, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky

Articles

Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …

Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Maine Women's Lobby News Letter (1993 - August) No. 4, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz

Ledewitz Papers

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

Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Maine Women's Lobby News Letter (1993 - April) No. 3, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Maine Women's Lobby News Letter (1993 - March) No. 2, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Political Federalism And Congressional Truth-Telling, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Mishandling The Current Crisis, Bruce Ledewitz

Ledewitz Papers

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

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz

Ledewitz Papers

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

Federal Court Reform Should Start At The Top, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.

Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz

Ledewitz Papers

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

The Role Of Civil Service Attorneys And Political Appointees In Making Policy In The Civil Rights Division Of The U.S. Department Of Justice, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

Maine Women's Lobby News Letter (1993 - January) No. 1, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Markets And States In Development: India's Reformers And The East Asian Experience, Shalendra Sharma

Politics

No abstract provided.

In Defense Of Lawyers (Aba Journal), Henry J. Reske

News Articles

Conservative judge challenges Quayle statistics.

No Punishment Without Cruelty, Bruce Ledewitz

Ledewitz Papers

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

Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz

Ledewitz Papers

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

Illiberal Tolerance: An Essay On The Fall Of Yugoslavia And The Rise Of Multiculturalism In The United States, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Introduction. Journalistic and scholarly accounts of the breakup of Yugoslavia contain, taken together, a curious contradiction. On the one hand, it is said, Yugoslavia was never anything more than a "bad dream,"' a flawed attempt to unify "from above" peoples who have historically hated one another. The immediate causes of the conflict are therefore simply centuries-old ethnic hatreds. The veneer of Yugoslav federal unity was nothing more than a myth, a cosmetic surface stripped away in a trifling by deeper and darker enmities. There are old scores to settle whether dating from the Second World War or from the fourteenth …

Innumeracy And Jurisprudence: The Surprising Difficulty Of Counting Petition Signatures, Jonathan L. Entin

Faculty Publications

No abstract provided.

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Faculty Scholarship

Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …

The Right To Health Care In The United States, Ken Wing

Faculty Articles

This article provides an analysis of the history of constitutional interpretation in the United States, and reveals that any right Americans have to health care is a political rather than constitutional right.

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …

The Government Of Germany, Donald P. Kommers

Book Chapters

Chapter Outline:
A. Political Development
B. Political Processes and Institutions
C. Public Policy

3rd ed. HarperCollins College Publishers c1993

The Rule Of Law And The Politics Of Fear, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In this essay, I employ the methodology of narrative jurisprudence to develop briefly some critical reflections on the nature and function of law in Northern Ireland, and in so doing to give voice to what bell hooks has called a "subjugated knowledge". In order to achieve this goal I will draw upon the interdisciplinary insights of neo-marxist, feminist and critical political and social theory, and psychoanalysis. In Part II, I will interpret my own experiences of law in Northern Ireland through the adumbration of neo-Marxist inspired theory of the nature and function of law in a western liberal democratic society. …

Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson

Scholarly Works

This Article maintains that in order to fully comprehend the politics of welfare, retirement security, and national health coverage, it is necessary to examine Machiavellian principles in relation to the variables of economic development and inter-party competition. If the principles of Machiavelli are applied in a slightly different and more constructive manner, they may facilitate reform of the American welfare, retirement, and national health systems. Now that the political balance in the United States has shifted from the conservative to the liberal, the time is ripe to consider reforming the entire Social Security system and instituting a comprehensive national health …

Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff

Faculty Publications

Child care enterprise can be a vehicle for community-based economic development. Beyond the critical goal of child care service, day care as an enterprise can help build capacity for job creation and entrepreneurship in the inner city and in disadvantaged communities. Stable child care institutions with quality jobs can sound a counterpoint to the feminization of poverty. The demand for child care services is substantial and growing. In single parent families and in households with two working parents, day care is essential to enable parents to work or go to school. Further, high quality early childhood programs can have a …

Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt

Faculty Scholarship

This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.