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Full-Text Articles in Law
Liberalization And Democratization: The Forum And The Hearth In The Era Of Cosmopolitan Post-Industrial Capitalism, Sol Picciotto
Liberalization And Democratization: The Forum And The Hearth In The Era Of Cosmopolitan Post-Industrial Capitalism, Sol Picciotto
Law and Contemporary Problems
Rather than the desire for economic liberalization bringing about political democratization, the struggles against autocracy have created an opening for economic liberalization. While undermining partriarchy and hierarchy, anti-authoritarian movements have also paved the way for post-industrial capitalism, with its emphasis on information management, flexible working conditions, and a global outlook.
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Law and Contemporary Problems
Nagel responds to Alan J. Meese's comments on Pres Clinton's actions following the Supreme Court's decision in "Regents of the University of California v. Bakke." While the Clinton Administration's strategy does not produce the best possible form of constitutional dialogue, it does produce another recognizable form of dialogue, one full of confusion and hypocrisy but a surprisingly central and entrenched part of the practice of judicial review itself.
The Culture Of Belief And The Politics Of Religion, William P. Marshall
The Culture Of Belief And The Politics Of Religion, William P. Marshall
Law and Contemporary Problems
Religion has stood at the center of the American stage during the years of Bill Clinton's presidency. Marshall argues that the political manifestation of religion is not confined to the instances when religion becomes involved in express political activity, such as lobbying or partisan politics, but rather, religion must be understood as a pervasive social force that has an inevitable political effect.
The President And Choices Not To Enforce, Peter L. Strauss
The President And Choices Not To Enforce, Peter L. Strauss
Law and Contemporary Problems
Strauss explores the context of executive non-enforcement in a broad way that may help in understanding situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced.
Writing Off Race, Girardeau A. Spann
Writing Off Race, Girardeau A. Spann
Law and Contemporary Problems
Because the US Constitution says absolutely nothing about affirmative action, the Supreme Court should have absolutely nothing to say about it either. Rather, the political branches should set the nation's affirmative action policy, and they should do so with political leadership provided by the President. Spann considers Pres Clinton's record on affirmative action.
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Law and Contemporary Problems
Johnsen considers the legitimacy of what he terms "presidential non-enforcement," that is, whether and when the President may disobey an unambiguous congressional command enacted in conformity with the constitutionally prescribed lawmaking process on the ground that the President believes the law is unconstitutional.
The Story About Clinton’S Impeachment, L. H. Larue
The Story About Clinton’S Impeachment, L. H. Larue
Law and Contemporary Problems
No abstract provided.
Constitutionalism In The Shadow Of Doctrine: The President’S Non-Enforcement Power, David Barron
Constitutionalism In The Shadow Of Doctrine: The President’S Non-Enforcement Power, David Barron
Law and Contemporary Problems
Barron challenges the court-centered approach to the scope of the President's non-enforcement power. He contends that a President, notwithstanding that he considers himself bound by the Supreme Court's constitutional interpretations, should resolve three distinct questions in determining whether he may faithfully decline to enforce a statute by virtue of its unconstitutionality.
The Impeachment Of President Clinton: An Ugly Mix Of Three Powerful Forces, Karen A. Popp
The Impeachment Of President Clinton: An Ugly Mix Of Three Powerful Forces, Karen A. Popp
Law and Contemporary Problems
Popp argues that the 1998-99 impeachment debacle resulted in large part from an ugly mix of three extremely powerful forces--an independent counsel who abused his virtually unlimited power; extreme congressional partisanship that was motivated by the desire to gain control of the government; and media outlets that continuously sought to profit from the sensationalism of it all and consistently flouted standards of professional journalism along the way.
The First Amendment And Cyberspace: The Clinton Years, James Boyle
The First Amendment And Cyberspace: The Clinton Years, James Boyle
Law and Contemporary Problems
Both in terms of speech regulation and in terms of providing raw material for the legal controversies that shape the law of the First Amendment, the legacy of Pres Clinton's Administration is considerable, and nowhere more than in cyberspace. The most visible example of the Clinton Administration's role in cyberspeech regulation are the Communications Decency Act, which was struck down by unanimous vote of the Supreme Court in 1997, and the Child Online Protection Act, which is now before the courts.