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Articles 1 - 13 of 13
Full-Text Articles in Law
Reconstituting Constitutions—Institutions And Culture: The Mexican Constitution And Nafta: Human Rights Vis-À-Vis Commerce, Imer Flores
Georgetown Law Faculty Publications and Other Works
The aim of this Essay is threefold. First, this Essay will focus on the main characteristics of both the great transformation, experienced in the Mexican institutional economic framework during the last thirty-five years, in general, and within the past twenty years, in particular, that were made through constitutional reforms. In addition, the greater expectation that such structural reforms generated in the process of re-enacting the constitution in the political context, should be along the lines of human rights and separation of powers. Second, this Essay will attempt to bring into play the role of treaties in this transformational process, by …
Introduction & Coda, Multi-Party Dispute Resolution, Democracy And Decision Making: Vol. Ii Of Complex Dispute Resolution, Carrie Menkel-Meadow
Introduction & Coda, Multi-Party Dispute Resolution, Democracy And Decision Making: Vol. Ii Of Complex Dispute Resolution, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and …
Conference Bibliography: Democracy And The Workplace, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Conference Bibliography: Democracy And The Workplace, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Lectures & Talks
A selected bibliography was prepared in connection with the Saltman Center Labor Law Symposium 2012: Democracy and the Workplace held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on February 23-25, 2012.
Direct (Anti-)Democracy, Maxwell L. Stearns
Direct (Anti-)Democracy, Maxwell L. Stearns
Faculty Scholarship
Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that are more (or less) majoritarian, efficient, or solicitous of minority concerns than traditional legislation. Scholars also embrace opposing views on which law-making mechanism better promotes citizen engagement, registers preference intensities, encourages compromise, and prevents outcomes masking cycling voter preferences. Despite these disagreements, commentators generally assume that the voting mechanism itself renders plebiscites more democratic than legislative lawmaking. This assumption is mistaken.
Although it might seem unimaginable that a lawmaking process that directly engages voters possesses fundamentally antidemocratic features, this Article …
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Robert Taylor, An Appreciation, Bruce Ledewitz
Robert Taylor, An Appreciation, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Originalist Case Against Congressional Supermajority Voting Rules, Dan T. Coenen
The Originalist Case Against Congressional Supermajority Voting Rules, Dan T. Coenen
Scholarly Works
Controversy over the Senate’s filibuster practice dominates modern discussion of American legislative government. With increasing frequency, commentators have urged that the upper chamber’s requirement of sixty votes to close debate on pending matters violates a majority-rulebased norm of constitutional law. Proponents of this view, however, tend to gloss over a more basic question: Does the Constitution’s Rules of Proceedings Clause permit the houses of Congress to adopt internal parliamentary requirements under which a bill is deemed “passed” only if it receives supermajority support? This question is important. Indeed, the House already has such a rule in place, and any challenge …
Institutionalizing Democracy In Africa: A Comment On The African Charter On Democracy, Elections And Governance, Patrick J. Glen
Institutionalizing Democracy In Africa: A Comment On The African Charter On Democracy, Elections And Governance, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
This article provides an exegesis of the recently entered-into-force African Charter on Democracy, Elections and Governance. Democracy has a decidedly mixed history in Africa and, despite a concerted effort by the African Union (AU), it has made only halting inroads in those states that are nondemocratic or struggling to consolidate democracy. That may change as more states ratify and implement the Charter, a comprehensive regional attempt to promote, protect, and consolidate democracy that entered into force in February 2012. This Charter, the culmination of two decades of African thinking on how democracy should develop on the continent, represents the AU’s …
Complex Dispute Resolution: Volume Iii: Introduction And Coda: International Dispute Resolution, Carrie Menkel-Meadow
Complex Dispute Resolution: Volume Iii: Introduction And Coda: International Dispute Resolution, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and …
Election Law As Applied Democratic Theory, James A. Gardner
Election Law As Applied Democratic Theory, James A. Gardner
Journal Articles
Democracy does not implement itself; a society’s commitment to govern itself democratically can be effectuated only through law. Yet as soon as law appears on the scene significant choices must be made concerning the legal structure of democratic institutions. The heart of the study of election law is thus the examination of the choices that our laws make in seeking to structure a workable system of democratic self-rule. In this essay, written for a symposium on Teaching Election Law, I describe how my Election Law course and materials focus on questions of choice in institutional design by emphasizing election law’s …
Of Dialogue--And Democracy--In Administrative Law, Jim Rossi
Of Dialogue--And Democracy--In Administrative Law, Jim Rossi
Vanderbilt Law School Faculty Publications
Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for regulatory and administrative law cases. By emphasizing how the Solicitor General affects cases that the Supreme Court decides, Cohen and Spitzer's findings confirm that administrative law's emphasis on lower appellate court decisions is not misplaced. Some say that D.C. Circuit cases carry equal-if not more-precedential weight than Supreme Court decisions in resolving administrative law issues. Cohen and Spitzer use positive political theory to provide a novel explanation for some …
Democracy Promotion: Done Right, A Progressive Cause, Rosa Brooks
Democracy Promotion: Done Right, A Progressive Cause, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
By the beginning of the Obama Administration, democracy promotion had become a rather tarnished idea, and understandably so. Like Islam or Christianity, much blood has been shed beneath its banner. It may be true that democracies don’t go to war with one another, but they certainly go to war, and their wars kill people just as dead as the wars undertaken by illiberal regimes. Anyone on the political left can tell the story: During the Cold War, the United States fought endless proxy wars and engaged in a great deal of overt and covert mischief, all in the name of …
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
Faculty Articles
In my book The Identity of the Constitutional Subject (2010) I examined the nexus between constitutionalism, particular constitutions and constitutional identity. I argued that the construction and adaptation of a constitutional identity was essential to the coherence and viability of any working constitution. Such constitutional identity must at once negate and incorporate reworked elements of national identity and other pertinent pre- and extra- constitutional materials associated with the relevant polity. In the present essay, I reply to arguments advanced by several critics of my book with a view to clarifying and expanding on some of the book’s principal assertions. The …