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Full-Text Articles in Law
Hegelian Dialectical Analysis Of United States Election Laws, Charles E. A. Lincoln Iv
Hegelian Dialectical Analysis Of United States Election Laws, Charles E. A. Lincoln Iv
Charles E. A. Lincoln IV
This Article uses the dialectical ideas of German philosopher Georg Wilhelm Friedrich Hegel (1770-1833) in application to the progression of United States voting laws since the founding. This analysis can be used to interpret past progression of voting rights in the US as well as a provoking way to predict the future trends in US voting rights. First, Hegel’s dialectical method is established as a major premise. Second, the general accepted history of United States voting laws from the 1770s to the current day is laid out as a minor premise. Third, the major premise of Hegel’s dialectical method weaves …
Theory Of Transparency: The Right To Know, Amartya Shrivastava Mr.
Theory Of Transparency: The Right To Know, Amartya Shrivastava Mr.
Amartya Shrivastava
Any governments functioning and merit is determined by the extent of faith and trust imposed by the governed citizens. This can be achieved by having maximum transparency a\of government working and functions. This can be acquired using various tools one which is the information legislation passed in the various countries. These legislations are a cause of mutual development, as it enables and empowers people. The true essence of democracy lies in empowering people as it is people’s rule. Thus, if we to understand democracy, we need to understand the government. Transparency is a decisive factor when it comes to accountability …
Los Jueces Constitucionales, La Política Y La Deferencia Judicial, Rodrigo A. Poyanco Bugueño
Los Jueces Constitucionales, La Política Y La Deferencia Judicial, Rodrigo A. Poyanco Bugueño
Rodrigo A. Poyanco Bugueño
When the constitutional judge imposes a certain ideology trough their sentences, to the detriment of other doctrines that are legitimately beaten in the democratic game, not only ognores the essential differences between politics and law, but also damages the powers of Parliament and, ultimately, the political autonomy of the society. In response, the doctrine of judicial deference reminds us the limitations of constitutional doctrines as tools for resolving political problems given the importance of preserving that autonomy
South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker
South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker
Rachael Whitaker
South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz
Justin Schwartz
Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …
The Books And The Gavel: Law's Image And The Theory Of American Sublime, Pier Giuseppe Monateri
The Books And The Gavel: Law's Image And The Theory Of American Sublime, Pier Giuseppe Monateri
Pier Giuseppe Monateri
No abstract provided.
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Pier Giuseppe Monateri
The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Julie Novkov
Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of …
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Julie Novkov
In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Julie Novkov
This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …