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Articles 1 - 17 of 17
Full-Text Articles in Law
It's Not Just Larsen, Bruce Ledewitz
It's Not Just Larsen, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos
The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos
University of Michigan Journal of Law Reform
Part I of this Note argues that liberal democracy, the free market, and science have contributed to the increasing atomization of American society. When each person and her views are glorified, universal standards of good become undermined, values become relative, and a sense of community becomes evanescent. Part II argues that individualism is incapable of accounting for the commonweal and therefore is inherently amoral because morality is concerned largely with determining when an individual's will should be subservient to the will of others. Part III considers the nature of elitism and equality and attributes the demise of elitist institutions in …
Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz
Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Equality And Partiality, Daniel A. Cohen
Equality And Partiality, Daniel A. Cohen
Michigan Law Review
A Review of Equality and Partiality by Thomas Nagel
Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster
Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster
Vanderbilt Journal of Transnational Law
In this Article, the author chronicles the rise and fall of the "perestroika parliament." While Gorbachev's reforms were ultimately unsuccessful in producing effective democratic representation, the author believes that the history of these reforms provides some valuable lessons for post-Soviet Russia. Specifically, Professor Foster concludes that current reformers in Russia should learn from the failed perestroika parliament that a democratic, "rule-of-law" state requires uniform lawmaking procedures with constitutional safeguards to guarantee their integrity.
Customary Practice And The People's Voice: Separation Of Powers And Foreign Affairs, Harold G. Maier
Customary Practice And The People's Voice: Separation Of Powers And Foreign Affairs, Harold G. Maier
Vanderbilt Journal of Transnational Law
CONSTITUTIONALISM, DEMOCRACY, AND FOREIGN AFFAIRS
By Louis Henkin
New York: Columbia University Press, 1990. Pp. viii, 125
This short book brings to bear Professor Henkin's vast experience as a teacher and scholar in United States foreign relations law on a contemporary examination of constitutional separation of powers principles in determining the appropriate roles of the three federal governmental branches in the conduct of foreign affairs. In this context, the author asks, "Is our two-hundred year old constitution satisfactory for its third century?" After an excursion through the principal issues most germane to an answer, he concludes that "there is no …
Dialogue And Judicial Review, Barry Friedman
Dialogue And Judicial Review, Barry Friedman
Michigan Law Review
This article argues that most normative legal scholarship regarding the role of judicial review rests upon a descriptively inaccurate foundation. The goal of this article is to redescribe the landscape of American constitutionalism in a manner vastly different than most normative scholarship. At times this article slips across the line into prescription, but by and large the task is descriptive. The idea is to clear the way so that later normative work can proceed against the backdrop of a far more accurate understanding of the system of American constitutionalism.
This article proceeds in three separate parts. Parts I and II …
Mishandling The Current Crisis, Bruce Ledewitz
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
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.
Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz
Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
No Punishment Without Cruelty, Bruce Ledewitz
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
Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Ennobling Of Democracy: The Challenge Of The Postmodern Age, Fernando R. Tesón
The Ennobling Of Democracy: The Challenge Of The Postmodern Age, Fernando R. Tesón
Michigan Journal of International Law
Review of the book by Thomas L. Pangle.
Jag Corps Poised For New Defense Missions: Human Rights Training In Peru, Jeffrey F. Addicott
Jag Corps Poised For New Defense Missions: Human Rights Training In Peru, Jeffrey F. Addicott
Faculty Articles
The National Command Authority has cited the dissolution of the Soviet Union as cause for the United States Military to expand its role. In addition to its traditional role of fighting wars, the military will take on new nontraditional roles promoting human rights and the rule of law throughout the world. These new military missions will include peacekeeping operations, humanitarian interventions, disaster relief missions, counter-drug activities, and nation-building activities.
As part of this initiative, the United States Judge Advocate General’s Corps (JAGC) provides legal assistance to the militaries of several emerging and struggling democracies. A number of foreign armies and …
The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam
The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam
Articles
No abstract provided.
Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth
Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth
Michigan Journal of International Law
Review of the book edited by Martin Führ and Gerhard Roller.
Democratic Discussion, Don Herzog, Donald R. Kinder
Democratic Discussion, Don Herzog, Donald R. Kinder
Book Chapters
"Democracy," remarked H. L. Mencken, "is the theory that the common people know what they want, and deserve to get it good and hard." Mencken found American politics a droll spectacle and showered contempt on the dullards he named "the booboisie." Plenty of other intelligent and perceptive observers have concluded that ordinary citizens are flatly incapable of shouldering the burdens of democracy. Uninformed and uninterested, absorbed in the pressing business of private life, unable to trace out the consequences of political action, citizens possess neither the skills nor the resources required for what Walter Bagehot pithily named "government by discussion." …