Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber Apr 2013

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 Feb 2013

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"


Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn Dec 2012

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.