Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Georgetown University Law Center (10)
- Columbia Law School (4)
- Duke Law (4)
- University of Pittsburgh School of Law (4)
- Duquesne University (3)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of Pennsylvania Carey Law School (3)
- American University Washington College of Law (2)
- Cornell University Law School (2)
- Florida International University College of Law (2)
- Maurer School of Law: Indiana University (2)
- University of Colorado Law School (2)
- Boston University School of Law (1)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- New York Law School (1)
- Roger Williams University (1)
- Southern Methodist University (1)
- UIC School of Law (1)
- University of Florida Levin College of Law (1)
- University of Massachusetts Boston (1)
- University of New Hampshire (1)
- University of San Diego (1)
- Washington University in St. Louis (1)
- Keyword
-
- Judicial review (5)
- Politics (5)
- Democracy (4)
- Campaign funds (3)
- Government (3)
-
- History (3)
- International Law (3)
- Judges – election (3)
- Judicial independence (3)
- Law (3)
- Philosophy (3)
- Political campaigns (3)
- Religion (3)
- Supreme Court (3)
- Theology (3)
- United States (3)
- Baker v. Carr (2)
- Elections (2)
- Equal protection (2)
- Federalism (2)
- International law (2)
- Judicial activism (2)
- Lobbying (2)
- Political questions and judicial power – United States (2)
- Presidential elections (2)
- Pressure groups (2)
- Redistricting (2)
- Terrorism (2)
- Voting (2)
- apportionment (election law) (1)
- Publication
-
- Faculty Scholarship (10)
- Georgetown Law Faculty Publications and Other Works (8)
- Articles (4)
- All Faculty Scholarship (3)
- Faculty Publications (3)
-
- Ledewitz Papers (3)
- Scholarly Works (3)
- Articles by Maurer Faculty (2)
- Cornell Law Faculty Publications (2)
- Law Faculty Scholarship (2)
- Publications (2)
- U.S. Supreme Court Briefs (2)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Reviews (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications By Year (1)
- Gastón Institute Publications (1)
- Law Faculty Articles and Essays (1)
- Scholarly Publications (1)
- Scholarship@WashULaw (1)
- UF Law Faculty Publications (1)
- UIC Law Open Access Faculty Scholarship (1)
- University of San Diego Public Law and Legal Theory Research Paper Series (1)
Articles 1 - 30 of 56
Full-Text Articles in Law
Winking At Jubelirer’S Maneuvers, Bruce Ledewitz
Winking At Jubelirer’S Maneuvers, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Jurisprudence And Politics Of Forum-Selection Clauses, Erin O'Hara O'Connor
The Jurisprudence And Politics Of Forum-Selection Clauses, Erin O'Hara O'Connor
Scholarly Publications
No abstract provided.
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
All Faculty Scholarship
No abstract provided.
The Guatemalan Ways Of Death, Kenneth Anderson
The Guatemalan Ways Of Death, Kenneth Anderson
Book Reviews
Book review of Allen J. Christenson, Art and Society in a Highland Maya Community; Garrett W. Cook, Renewing the Maya World: Expressive Culture in a Highland Town; Diane M. Nelson, A Finger in the Wound: Body Politic in Quincentennial Guatemala; June C. Nash, Mayan Visions: The Quest for Autonomy in an Age of Globalization.
The Aftermath Of September 11, 2001: The Targeting Of Arabs And Muslims In America, Susan M. Akram
The Aftermath Of September 11, 2001: The Targeting Of Arabs And Muslims In America, Susan M. Akram
Faculty Scholarship
THE DEMONIZING OF ARABS AND Muslims in America began well before the terrible tragedy of September 11, 2001. It can be traced to deliberate mythmaking by film and media,2 stereotyping as part of conscious strategy of 'experts' and polemicists on the Middle East,3 the selling of a foreign policy agenda by US government officials and groups seeking to affect that agenda,4 and a public susceptible to images identifying the unwelcome 'other* in its midst.5 Bearing the brunt of these factors are Arab and Muslim non-citizens in this country. A series of government laws and policies since …
The Political Economy Of School Choice, Michael Heise, James E. Ryan
The Political Economy Of School Choice, Michael Heise, James E. Ryan
Cornell Law Faculty Publications
This paper examines the political economy of school choice and focuses in particular on the role of suburbanites. This group, which we contend is the most important and powerful stakeholder in choice debates, has yet to receive much attention in the commentary. It turns out that suburbanites, by and large, are not wild about school choice, either public or private. Suburbanites are largely satisfied with the schools in their neighborhoods and want to protect the physical and financial independence of those schools (as well as their property values, which are tied to the perceived quality of local schools). School choice …
Who's In Charge? Appointments Of Latinos To Policymaking Offices And Boards In Massachusetts, Carol Hardy-Fanta
Who's In Charge? Appointments Of Latinos To Policymaking Offices And Boards In Massachusetts, Carol Hardy-Fanta
Gastón Institute Publications
As the Latino population in Massachusetts continues to grow, there has been a corresponding increase in the number of Latinos achieving elected office throughout the state. Twenty years ago there was only one Latino serving in elected office in Massachusetts—Nelson Merced. In 1995, there were only four elected officials who were Latino and no state representatives. Today, through the hard work of candidates, activists, and Latino community activists and organizations, there are three Latinos serving as state legislators, fourteen holding municipal office, and an increasing number of campaigns at all levels of municipal and state government being conducted.
While this …
Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland
Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland
U.S. Supreme Court Briefs
No abstract provided.
Brief Amicus Curiae Of The Idaho Conservation League And The Louisiana Environmental Action Network In Support Of Neither Side, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Jan. 17, 2002), John D. Echeverria
U.S. Supreme Court Briefs
No abstract provided.
Jubelirer’S Jubilee, Bruce Ledewitz
Jubelirer’S Jubilee, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz
The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Straw Polls, Daniel B. Rodriguez
Straw Polls, Daniel B. Rodriguez
University of San Diego Public Law and Legal Theory Research Paper Series
A key measure of the democratic quality of a political community is how its members vote. The design and implementation of voting arrangements can illuminate the nature, purposes, and even potential of a community of citizens. Voting is, at the very least, used to sort out and implement preferences. Voting processes help in sorting out winners from losers and thereby provide a presumptively fair method for the implementation of public policy. At the same time, voting in a democratic policy is a coercive act. Voters are not merely expressing preferences; they are acting in order to transform their preferences into …
Structural Principles And Presidential Succession, Howard M. Wasserman
Structural Principles And Presidential Succession, Howard M. Wasserman
Faculty Publications
No abstract provided.
Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies
Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies
Law Faculty Scholarship
No abstract provided.
A Symposium Précis, Thomas E. Baker
A Symposium Précis, Thomas E. Baker
Faculty Publications
This article is an introduction and overview of the Drake University Law School symposium Judicious Choices: Nominating and Confirming Supreme Court Justices held in March of 2002. It identifies important constitutional law issues in nominating and confirming the President's appointments to Supreme Court Justices in the United States.
The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken
UIC Law Open Access Faculty Scholarship
In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Faculty Scholarship
Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …
Lobbying And Information In Politics, John M. De Figueiredo
Lobbying And Information In Politics, John M. De Figueiredo
Faculty Scholarship
No abstract provided.
Judicial Activism And Conservative Politics, Ernest A. Young
Judicial Activism And Conservative Politics, Ernest A. Young
Faculty Scholarship
No abstract provided.
A Vote Cast; A Vote Counted: Quantifying Voting Rights Through Proportional Representation In Congressional Elections, Michael Mccann
A Vote Cast; A Vote Counted: Quantifying Voting Rights Through Proportional Representation In Congressional Elections, Michael Mccann
Law Faculty Scholarship
The current winner-take-all or first-past-the-post system of voting promotes an inefficient market where votes are often wasted. In this system, representatives are selected from a single district in which the candidate with the plurality of votes gains victory. Candidates who appear non-generic can rarely, if ever, expect to receive the most votes in this system. This phenomenon is especially apparent when African-Americans and other minority groups seek elected office. In part because white voters constitute at least a plurality of voters in every state except Hawaii, minorities in the forty-nine other states have had historically little success in gaining election …
Judicial Selection And Political Culture, Jonathan L. Entin
Judicial Selection And Political Culture, Jonathan L. Entin
Faculty Publications
This article proceeds in four stages. Part I examines the major rulings, relating to tort reform and school funding, that prompted the harsh and expensive Ohio campaign. Part II compares the process for appointing federal judges, particularly Supreme Court justices, which has also become notably contentious over the past three decades. Part III discusses the trend away from strict limitations on campaign speech by judicial candidates, which combined with the expansive protections afforded to independent expenditures in election campaigns will facilitate sharp rhetoric by those inclined in that direction. Finally, Part IV assesses the prospects for elevating the level of …
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
Faculty Scholarship
One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …
The Legal Structure Of American Freedom And The Provenance Of The Antitrust Immunities, Christopher Sagers
The Legal Structure Of American Freedom And The Provenance Of The Antitrust Immunities, Christopher Sagers
Law Faculty Articles and Essays
It is a reflection of the subtle relationship between legal doctrine and the larger social context it regulates that, on occasion, some humble point of mere theory proves to be the lynchpin of a serious social problem. Often the most pernicious aspect of such a situation will be the very obscuriyy that causes courts to overlook it.
That is emphatically the case with the issue addressed in this paper. Confusion persists over the seemingly academic question whether the so-called "Noerr-Pennington" or "petitioning" immunity, a doctrine in antitrust law which protects persons from being sued when they seek action from their …
Controlling Toxic Harms: The Struggle Over Dioxin Contamination In The Pulp And Paper Industry, William Boyd
Controlling Toxic Harms: The Struggle Over Dioxin Contamination In The Pulp And Paper Industry, William Boyd
Publications
This essay addresses the challenges of controlling toxic harms through an intensive case study of efforts to regulate and remedy dioxin contamination in the U.S. pulp and paper industry. By focusing on the struggle to control a specific toxic harm in a specific industrial sector, the essay explores the politicized nature of toxic harms in the United States and, in the process, highlights the considerable shortcomings of existing legal frameworks and institutions for dealing with problems of such scope and complexity. In doing so, the essay raises a host of normative issues regarding current institutional arrangements and the appropriate strategy …
Federalism, Democratization, And The Rule Of Law In Russia, Jeffrey D. Kahn
Federalism, Democratization, And The Rule Of Law In Russia, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
Combining the approaches of three fields of scholarship - political science, law and Russian area studies - the author of this 2002 Oxford University Press book explores the foundations and future of the Russian Federation. Russia's political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia's federal house on very unsteady foundations, often out of the ideological, conceptual and physical …
Doing Our Politics In Court: Gerrymandering, "Fair Representation" And An Exegesis Into The Judicial Role, Luis Fuentes-Rohwer
Doing Our Politics In Court: Gerrymandering, "Fair Representation" And An Exegesis Into The Judicial Role, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.
The New Deal ‘Constitutional Revolution’ As An Historical Problem, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.
The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin
The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin
Faculty Scholarship
No abstract provided.
The Contested Right To Vote, Richard Briffault
The Contested Right To Vote, Richard Briffault
Faculty Scholarship
For those who believe the United States is a representative democracy with a government elected by the people, the events of late 2000must have been more than a little disconcerting. In the election for our most important public office – our only truly national office – the candidate who received the most popular votes was declared the loser while his second place opponent, who had received some 540,000 fewer votes, was the winner. This result turned on the outcome in Florida, where approximately 150,000 ballots cast were found not to contain valid votes. Further, due to flaws in ballot design, …
Regulating Political Parties Under A Public Rights First Amendment, Gregory P. Magarian
Regulating Political Parties Under A Public Rights First Amendment, Gregory P. Magarian
Scholarship@WashULaw
The recently-enacted McCain-Feingold campaign finance law pushes to the fore the questions of whether and to what extent the First Amendment allows government to regulate the electoral activities of political parties. One of the new law's primary components is its attempt to eliminate so-called "soft money"- unlimited donations to national political parties that the Democrats and Republicans have used to circumvent legal limits on campaign contributions? One congressional opponent of the new law called it "the death knell" for political parties' role in elections." Not surprisingly, both major parties have attacked McCain-Feingold. Most Republicans in Congress opposed the legislation, and …