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Articles 1 - 30 of 30
Full-Text Articles in Law
Political Climate And Catastrophes: The Effects Of Notorious Events On Public Library Collections, Both Then And Now, Joseph A. Custer
Political Climate And Catastrophes: The Effects Of Notorious Events On Public Library Collections, Both Then And Now, Joseph A. Custer
Faculty Publications
This paper explores four different cases in the early 1950s of “Red Scare” tactics that influenced the freedoms that patrons using public libraries have enjoyed. The paper will also examine, at various points, the censorship parallels in the early 1950s to the contemporary political climate and the fallout of the Great Depression to the current catastrophe, COVID-19. The paper reviews the fallout from the Great Depression and how the world’s depression helped catapult Adolph Hitler of Germany to power. Hitler severely restricted or eliminated freedoms of expression, and the Trump administration’s actions reflect some of those same restrictions.
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt
Faculty Publications
In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …
Seen And Heard: A Defense Of Judicial Speech, Dmitry Bam
Seen And Heard: A Defense Of Judicial Speech, Dmitry Bam
Faculty Publications
Judicial ethics largely prohibits judges from engaging in political activities, including endorsing or opposing candidates for public office. These restrictions on judicial politicking, intended to preserve both the reality and the appearance of judicial integrity, independence, and impartiality, have been in place for decades. Although the Code of Conduct for United States Judges does not apply to the Supreme Court, Supreme Court Justices have long followed the norm that they do not take sides, at least publicly, in partisan political elections. And while elected state judges have some leeway to engage in limited political activities associated with their own candidacy," …
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
Faculty Publications
No abstract provided.
The Politics Of Pretext: Vawa Goes Global, Deborah M. Weissman
The Politics Of Pretext: Vawa Goes Global, Deborah M. Weissman
Faculty Publications
No abstract provided.
The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?, William P. Marshall
The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?, William P. Marshall
Faculty Publications
No abstract provided.
Why Gridlock Matters, Michael J. Gerhardt
Petitions, Privacy, And Political Obscurity, Rebecca Green
Petitions, Privacy, And Political Obscurity, Rebecca Green
Faculty Publications
People who sign petitions must accept disclosure of their political views. This conclusion rests on the seemingly uncontroversial (if circular) premise that petition signing is a public activity. Courts have thus far shown little sympathy for individuals who take a public stand on an issue by signing a petition and then assert privacy claims after the fact. Democracy, after all, takes courage, as Justice Scalia wrote in the petitioning disclosure case Doe v. Reed. But signing a petition today brings consequences beyond public criticism. The real threat of disclosure for modern petition signers is not tangible harassment, but the loss …
From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde
Faculty Publications
At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Faculty Publications
The literature on judicial selection systems has given considerable attention to the role that politicians and their parties - through their legislative roles - have played in the adoption and operation of these judicial selection systems. Less attention, however, has been given to both the effect that interest groups, broadly defined, have in the creation and implementation of judicial selection systems and the effect that these systems have on the strategies adopted by interest groups to accomplish their goals. This Article seeks to fill this gap. Using the framework advanced by William M. Landes and Richard A. Posner in their …
Rethinking Gender And Human Rights In The Global Political Economy, Deborah M. Weissman
Rethinking Gender And Human Rights In The Global Political Economy, Deborah M. Weissman
Faculty Publications
No abstract provided.
International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf
International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf
Faculty Publications
In the aftermath of the terrorist attacks of September 11, 21, Professors Jack Goldsmith and Eric Posner published The Limits of International Law, a potentially revolutionary book that employs rational choice theory to argue that international law is really just “politics” and does not render a “compliance pull” on State decisionmakers. Critics have pointed out that Goldsmith and Posner’s identification of the role of international law in each of their case studies is largely conjectural, and that what is needed is qualitative empirical data that identifies the international law-based arguments that were actually made and the policy-makers’ responses to such …
Constitutional Law As Political Spoils, William P. Marshall
Constitutional Law As Political Spoils, William P. Marshall
Faculty Publications
No abstract provided.
The First Amendment's Biggest Threat, Michael J. Gerhardt
The First Amendment's Biggest Threat, Michael J. Gerhardt
Faculty Publications
No abstract provided.
False Campaign Speech And The First Amendment, William P. Marshall
False Campaign Speech And The First Amendment, William P. Marshall
Faculty Publications
No abstract provided.
Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt
Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Judicial Selection As War, Michael J. Gerhardt
Judicial Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Supreme Court Selection As War, Michael J. Gerhardt
Supreme Court Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt
Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Restricting Public Employees' Political Activities: Good Government Or Partisan Politics?, Rafael Gely, Timothy D. Chandler
Restricting Public Employees' Political Activities: Good Government Or Partisan Politics?, Rafael Gely, Timothy D. Chandler
Faculty Publications
The article starts by reviewing, in Part II, the history of the regulation of political activities by public employees, and in Part III, the regulation of patronage. Part IV develops the argument that both sets of regulations, although justified on different grounds, are better understood as political control mechanisms. Part V provides some empirical evidence for this argument by examining voting patterns on federal legislation restricting public employees' political activities. Part VI discusses the relationship of these laws to public sector unionization. Part VII concludes the article.
Taking Economic Equality Off The Table, Gene R. Nichol
Taking Economic Equality Off The Table, Gene R. Nichol
Faculty Publications
No abstract provided.
Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt
Privacy, Cyberspace, And Democracy: A Case Study, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Culture Of Belief And The Politics Of Religion, William P. Marshall
The Culture Of Belief And The Politics Of Religion, William P. Marshall
Faculty Publications
No abstract provided.
Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein
Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein
Faculty Publications
No abstract provided.
Putting Presidential Performance In The Federal Appointments Process In Perspective, Michael J. Gerhardt
Putting Presidential Performance In The Federal Appointments Process In Perspective, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Syndromes And Politics In Criminal Trials And Evidence Law, Robert P. Mosteller
Syndromes And Politics In Criminal Trials And Evidence Law, Robert P. Mosteller
Faculty Publications
No abstract provided.
Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein
Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein
Faculty Publications
No abstract provided.
For The U. S. Telegraph, N. Beverley Tucker
For The U. S. Telegraph, N. Beverley Tucker
Faculty Publications
No abstract provided.
For The United States' Telegraph, N. Beverley Tucker
For The United States' Telegraph, N. Beverley Tucker
Faculty Publications
No abstract provided.