Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein
Faculty Scholarship
This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970's, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …
The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer
The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer
Fordham Urban Law Journal
The article begins with a brief introduction to McCain-Feingold which restricts "coordination" and intends to enforce limits on contributions to candidates and parties. It then goes through a history of coordination. It then goes through some aspects of McCain-Feingold and concludes by stating the aftermath of McCain-Feingold and how its rules are meant to provide order to politics.
Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas Cmar
Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas Cmar
Fordham Urban Law Journal
The author begins by stating the importance of monetary contribution to a campaign and points out that most of the money for campaigns comes in the form of large donations. It then goes the introduction of campaign contributions as federal tax credits and its effects until the repeal of the tax credit by Congress. The articles then discusses state implementation of tax credits for political contribution, and compares the effects of different state programs. The article then introduces the principle that contribution incentive programs can be part of a strategy for campaign finance reform and gives several ideas how this …
Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder
Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder
Fordham Urban Law Journal
The article begins by expressing surprise that there is no safeguard for regularly scheduled elections and that if an election would have to be cancelled or postponed it is unknown what would happen. It then discusses what happened to elections during 9/11/2001 and the lack of statutory guidance ensuing from there, and discusses how some states have addressed the problem of an affected election, and questions what would happen to the presidential election in the face of such events. It questions whether Congress should attempt to legislate for such an event and gives a suggestion for what can be done …
An Analysis Of The 2004 Nader Ballot Access Federal Court Cases, Richard Winger
An Analysis Of The 2004 Nader Ballot Access Federal Court Cases, Richard Winger
Fordham Urban Law Journal
The article begins by stating that voters ability to vote for minor party candidates for presidential elections have generally been protected by federal courts as long as they have gotten some media exposure, and Ralph Nader, after not having received this protection attempted to file for injunctions in federal courts. It then goes through Naders claims and suits, including against a discriminatory number of signatures, whether out of state circulators may work, his North Carolina and Ohio write-in lawsuits. The articles conclusion is that federal courts did a poor job in deciding whether to grant Nader injunctive relief and how …