Law Commons^™

Nation’S Business And The Environment: The U.S. Chamber’S Changing Relationships With Ddt, “Ecologists,” Regulations, And Renewable Energy, Adam D. Orford

Scholarly Works

Nation’s Business was a monthly business magazine published by the U.S. Chamber of Commerce, with a subscription list larger than Business Week, Forbes, or Fortune. This study explores how the magazine responded and adapted to the rise of environmentalism, and environmental regulation of business, by exploring its treatment of four topics: DDT, environmentalists, government regulation, and renewable energy. It is built on a full-text review of all issues of Nation’s Business published between 1945 and 1981. It reveals the development of a variety of anti-environmental logics and discourses, including the delegitimization of environmentalism as emotional and irrational, the undermining …

No Safe Spaces: A Distorted Image Of A Clear Problem, Michael Conklin

Pepperdine Law Review

This is a critical analysis of the documentary No Safe Spaces. The movie features comedian Adam Carolla and conservative talk show host Dennis Prager. Depending on the source, the movie is either the most necessary and prescient documentary ever or the most harmful. Unfortunately, the polarizing nature of the reviews largely fall along partisan political lines, with conservatives praising the movie and liberals criticizing it. This partisan result could have likely been minimized if the movie communicated a more bipartisan tone. To further complicate things, the movie does not provide a clear thesis of what it is trying to promote. …

The Reliable Revisionist, Caitlyn Schaffer

Philosophy: Student Scholarship & Creative Works

The present text explores how the topic of head and heart is much more complicated than one would expect, according to Paul Henne and Walter Sinnot-Armstrong, contributors of Neuroexistentialism. “Does Neuroscience Undermine Morality” aims at figuring out the problem of which moral judgments we can trust, judgments from one’s head (revisionism) or judgments from one’s heart (conservatism). My hypothesis suggests the opposite of the authors, I believe that if you are a revisionist, your first order intuitions are reliable. After setting the framework, I make three main arguments. (A.) If you are able to self-correct then you can identify errors …

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Republican Party, Conservatives, And The Future Of Capital Punishment, Ben Jones

Journal of Criminal Law and Criminology

The United States has experienced a significant decline in the death penalty during the first part of the twenty-first century, as death sentences, executions, public support, and states with capital punishment all have declined. Many recent reforms banning or placing a moratorium on executions have occurred in blue states, in line with the notion that ending the death penalty is a progressive cause. Challenging this narrative, however, is the emergence of Republican lawmakers as champions of death penalty repeal legislation in red states. This Article puts these efforts by Republican lawmakers into historical context and explains the conservative case against …

The Secret Users Guide For Liberals, Independents, And Conservatives To Win The White House: Demographics And Political Ideologies, Cassandra Medina

Student Scholar Symposium Abstracts and Posters

I consider that understanding political ideology is of most importance but we must consciously understand the demographics behind it. I will be approaching this issue by looking at the set of demographics that range from gender, income, education, ethnicity, religion, and age. While observing if these demographics influence party identity, ideology, and strength of partisanship in these cases. The key issues that I am focusing on, how do certain demographics influence the party ideology that a person chooses? Utilizing cross-national level data from the 2012 ANES election study I will be analyzing multivariable, and frequencies to be able to assets …

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.

Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan

Law School Blogs

No abstract provided.

The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber

Mark Graber

This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …

Why Leave It To The Liberals? Conservative Views On Smart Growth, Michael E. Lewyn

Michael E Lewyn

Part of panel discussion on "Why Leave It To The Liberals? Conservative Views on Smart Growth"

The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber

Faculty Scholarship

This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …

Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn

Scholarly Works

Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.

Citizenship After The Conservative Movement, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Citizenship as a societal and political value has undergone major transformations under the conservative movement that took the lead in western democracies over the past forty years. In defining liberty as "absence of coercion" or "freedom from any restraint," the conservatives distorted the meaning of true liberty, which is "ordered liberty." In insisting on self-reliance as the prerequisite of individual insertion in society, they have precipitated an abatement in citizens' social and political rights that have had lingering effects on the social fabric, even today. Although these developments are domestic in nature, they greatly impact globalization insofar as they accelerate …

Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn

Michael E Lewyn

Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.

Iowa’S 2010 Judicial Election: Appropriate Accountability Or Rampant Passion?, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

Although 89% of state judges (appellate and general-jurisdiction trial judges) face some type of election, judicial elections are rarely thought of even by academics interested in elections. Iowa’s 2010 election, in which three Justices were defeated, is one of the most significant judicial elections ever. The Justices lost their seats because they participated in a unanimous 2009 decision upholding gay marriage. That decision stirred intense opposition among “social conservatives”, in Iowa a substantial proportion of the population and actively led by more than 100 ministers.

That active opposition was one of eight elements that created a perfect storm against the …

Chasing Queers: The Radicalism Of Conservative Legal Attacks On Lesbians And Gay Men, William B. Turner

William B Turner

This article explores efforts by conservative activists to use preposterous legal arguments as the basis for their on-going efforts to attack the legal rights of lesbians and gay men. Individually, these cases are easy to overlook, partly because most of them are state cases. Also, one does not usually think of the legal issues involved -- standing, intervention, full faith and credit -- as civil rights issues. This article draws attention to these cases in order to illuminate the similarities among them in terms of conservative attacks on lesbians and gay men.

Lessons From The Right: Progressive Constitutionalism For The Twenty-First Century, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

The New Federalism, Richard C. Reuben

Faculty Publications

the 10th Amendment was something they noted for the bar exam and then promptly forgot about. But for many conservative lawyers and politicians, the 10th Amendment- which reserves to the states all powers not given to the federal government-has been anything but academic. For them, it embodies the founders' promise for a nation in which the states and federal government are near-equal partners. And they have fought long and hard to give the amendment its proper due. As the rise of House Speaker Newt Gingrich, R-Ga., and his Contract with America attest, their day may have finally come. Today, federalism, …

The Habeas Hagioscope, Larry Yackle

Faculty Scholarship

If you would understand American law, American politics, and the elusive difference between the two, look no further. Federal habeas corpus for state prisoners opens a window on the workings of our national government, overt and covert. I mean in this Article to describe the scene that is revealed. A rich account of experience in recent years can contribute to a deeper understanding of our government by arranging the players and the set in context and sequence. The record will show a number of things to be true.

Liberals And Balancing, Robert F. Nagel

Publications

No abstract provided.

Stare Decisis: Precedent And Principle In Constitutional Adjudication , Charles J. Cooper

Cornell Law Review

No abstract provided.

Conflict Between Text And Precedent In Constitutional Adjudication , Stephen Reinhardt

Cornell Law Review

No abstract provided.

The Fright Peddlers, Thomas H. Kuchel

Cleveland State Law Review

Senator Kuchel from California authorized the Editors of this Law Review to publish, as his contribution to this Symposium, extracts from his address to Congress as reported in the Congressional Record: Proceedings and Debates of the 88th Congress, First Session; Vol. 10g, No. 79; May 28, 1963. This article is, in effect, a brief digest of that address.

Tourtellot: An Anatomy Of American Politics, Michigan Law Review

Michigan Law Review

A Review of AN ANATOMY OF AMERICAN POLITICS. By Arthur Bernon Tourtellot.