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

Law Commons

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

Politics

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 2052

Full-Text Articles in Law

Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias May 2020

Narcotraffic As Connected Political Crime In Colombia: The Farc Case, Andrea Mateus-Rugeles, Paula C. Arias

University of Miami Inter-American Law Review

No abstract provided.


A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone May 2020

A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone

College Honors Program

This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun ...


Nicolas V. Romulo: Supreme Court Of The Philippines Rules On Post-Medellin Constitutionality Of A Sole-Executive Agreement Negotiated With The United States, Benjamin Brockman-Hawe Apr 2020

Nicolas V. Romulo: Supreme Court Of The Philippines Rules On Post-Medellin Constitutionality Of A Sole-Executive Agreement Negotiated With The United States, Benjamin Brockman-Hawe

Denver Journal of International Law & Policy

No abstract provided.


The Grip Of Nationalism On Corporate Law, Mariana Pargendler Apr 2020

The Grip Of Nationalism On Corporate Law, Mariana Pargendler

Indiana Law Journal

Part I provides a brief overview of the relationship between corporate law and nationalism and demonstrates their interaction in the historical experiences of several key jurisdictions. These vignettes are merely illustrative, but they indicate how deep the link between nationalism and corporate law can be. Part II summarizes the evidence on the economic effects of foreign corporate control, showing that it is ultimately inconclusive. Part III explains why corporate law can be an attractive instrument to accomplish nationalist objectives and explores the possible regulatory responses to this phenomenon. Part IV analyzes the implications of these findings for future developments in ...


The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries Apr 2020

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In ...


What Went Wrong With Economics?: Milton Friedman, Alexander Meiklejon, And The Reorientation Of Freedom, Aria Mia Loberti Apr 2020

What Went Wrong With Economics?: Milton Friedman, Alexander Meiklejon, And The Reorientation Of Freedom, Aria Mia Loberti

Senior Honors Projects

Economics went wrong in the midst of the Cold War, specifically the time of the terror of communism in the 1950s. It went wrong in Chicago economics in particular—exacerbated by a reorientation in how to understand and conceptualize freedom. Milton Friedman’s Capitalism and Freedom trumpets the virtues of economic freedom, or the freedom of choice within the competitive market. It represents the Chicago neoliberal position. In contrast, the luminary Alexander Meiklejohn advocates a radically different conception of freedom, and his ideas echo the voices pre-1950 Chicago economics. Meiklejohn promotes political freedom over economic freedom: championing absolute protection for ...


Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson Feb 2020

Dalliances, Defenses, And Due Process: Prosecuting Sexual Harassment In The Me Too Era, Kenneth Lasson

University of Massachusetts Law Review

This Article will likewise examine the prosecution of sexual harassment in what has come to be called the Me Too Era, not only by analyzing the constitutional application and limitations of due process, the promulgation of Title IX policies4 on campuses and their effect on public students and employees, and the limited remedies available to workers in private entities, but to suggest as well ways by which academics can move their message beyond theory and into pragmatic solutions with greater impact.


Speech Inequality After Janus V. Afscme, Charlotte Garden Jan 2020

Speech Inequality After Janus V. Afscme, Charlotte Garden

Indiana Law Journal

This Article explores the growing divide between the Roberts Court’s treatment of the free speech rights of wealthy individuals and corporations in campaign finance cases as compared to its treatment of the rights of public-sector labor unions and their members. First, it highlights some internal contradictions in the Janus Court’s analysis. Then, it discusses the growing—yet mostly ignored—divergence in the Court’s treatment of corporate and labor speakers with respect to the use of market influence to achieve political influence.

The Article has two Parts. In Part I, I explain how the Court reached its decision ...


The Rise And (Potential) Fall Of U.S. Cartel Enforcement, Vivek Ghosal, D. Daniel Sokol Jan 2020

The Rise And (Potential) Fall Of U.S. Cartel Enforcement, Vivek Ghosal, D. Daniel Sokol

UF Law Faculty Publications

Government enforcement against collusion, now viewed by the Supreme Court as the “supreme evil” in antitrust, has gone through various phases of enforcement in the United States. There have been periods in which cartels have been able to collude more or less effectively given various institutional tools at the disposal of the government. By analyzing enforcement and prosecutions data over a long time horizon, 1969–2016, this Article examines the attributes of cartel enforcement over time and the changing use of tools to assist with detection and punishment. We provide a comprehensive description of critical cartel enforcement events and institutional ...


Federal Public Corruption Statutes Targeting State And Local Official: Understanding The Core Legal Element And The Government's Burden Of Proving A Corrupt Intent After Mcdonnell, Thomas M. Diblagio Dec 2019

Federal Public Corruption Statutes Targeting State And Local Official: Understanding The Core Legal Element And The Government's Burden Of Proving A Corrupt Intent After Mcdonnell, Thomas M. Diblagio

University of Denver Criminal Law Review

No abstract provided.


Equal In His Sight: An Examination Of The Evolving Opinions On Race In The Life Of Jerry Falwell, Sr., Kathryn Legg Oct 2019

Equal In His Sight: An Examination Of The Evolving Opinions On Race In The Life Of Jerry Falwell, Sr., Kathryn Legg

Senior Honors Theses

The late Reverend Jerry Falwell, Sr., founder of Thomas Road Baptist Church and president of the Moral Majority, was a prominent figure in conservative politics beginning in the late 1970s. His opinions regarding preachers and politics changed throughout his life, as did his beliefs about race in America and the church. His views on race affected his preaching and political involvement, and in his later life he retracted from the segregationist beliefs he held at the beginning of his ministry. While Falwell’s prominent roles in the Religious Right and Moral Majority have previously been explored, this paper seeks to ...


When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor Sep 2019

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor

Seattle University Law Review

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives—and their emergency management law enforcement actors—when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I choose ...


Split Definitive, Lawrence Baum, Neal Devins Sep 2019

Split Definitive, Lawrence Baum, Neal Devins

Neal E. Devins

For the first time in a century, the Supreme Court is divided solely by political party.


Menendez And America's Public Corruption Problem, Jeffrey Bellin Sep 2019

Menendez And America's Public Corruption Problem, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


Criminalizing Politics, Jeffrey Bellin Sep 2019

Criminalizing Politics, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin Sep 2019

Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin

Jeffrey Bellin

No abstract provided.


Political Views Of Graduates Of University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers Aug 2019

Political Views Of Graduates Of University Of Michigan Law School, Classes Of 1952-2001, David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

In 1966, the University of Michigan Law School initiated an annual survey its graduating classes five and fifteen years after graduation. In 1981, with the survey of the graduates of the class of 1976 after they had been out of law school 5 years and the graduates of the class of 1966 after they been out 15 years, the survey instrument added questions about graduates’ current political views and their recollection of their political views when they began law school. In all years since, graduates have been asked to place themselves on a 7-point scale from “extremely liberal (left)” to ...


Judging During Crises: Can Judges Protect The Facts?, Lissa Griffin Jul 2019

Judging During Crises: Can Judges Protect The Facts?, Lissa Griffin

Pace Law Faculty Publications

With the advent of instantaneous information and the trend toward shrinking adherence to the truth, the conversation surrounding the ability of judges to conduct outside research into the matters before them is gaining urgency. In a “post-truth” world, the role that the judiciary plays in our democracy must shift from trier of fact to guardian of factual integrity. And to do this, the professional ethics rules assigned to the judiciary may need re-evaluation.

This Essay argues that the judiciary's ambivalence to its role as fact finder must be overcome, and where appropriate, judges may be empowered to seek out ...


America's Electoral Problem: The Shortcomings Of The Electoral College In Contemporary American Democracy, Alex Kaplan Jul 2019

America's Electoral Problem: The Shortcomings Of The Electoral College In Contemporary American Democracy, Alex Kaplan

Senior Theses and Projects

Our Constitution mandates the president of the United States be elected through the electoral college, a mechanism originally engineered to be a compromise between a popular vote by qualified citizens and a vote by Congress. The electoral college existed without controversy up until the 21st century because it consistently produced a winning candidate which mirrored the popular vote, our contemporary perception of a democratic voting method. The legitimacy of the electoral college in the 21st century, however, has been called into question after two of the last five presidents have failed to win the popular vote. Critics of the institution ...


Ms – 243: Emma Guffey Miller Photo Albums, Katie Amtower Jun 2019

Ms – 243: Emma Guffey Miller Photo Albums, Katie Amtower

All Finding Aids

This collection includes three different albums. Two of them are bound in traditional Japanese binding with rice paper; the other may have been constructed to imitate the Japanese bound ones. These albums include Emma Guffey’s travels, from traveling around Japan and returning home periodically. They also include photographs of her time living in Japan. The photographs in this album include many small panorama photographs of nature and architecture, and there is a possibility that these albums include a few early colored photographs.

The first album, labeled “1901-1904,” begins with a few photos of her final year at Bryn Mawr ...


The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk May 2019

The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk

Pepperdine Dispute Resolution Law Journal

This article will survey: (1) the intended role of the media in a democracy; (2) the current polarized political climate in the United States; (3) the challenges facing the twenty-first century with the growth of technology, cable news, and online platforms; (4) the media's role in perpetuating conflict; and (5) propose that media professionals use Alternative Dispute Resolution (ADR) tools and processes to increase the public’s understanding of differing perspectives in our conflict-laden political discourse.


Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim May 2019

Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim

Loyola of Los Angeles Law Review

No abstract provided.


Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes Mar 2019

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes

Wayne R. Barnes

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square—and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if ...


Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray Feb 2019

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes Feb 2019

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes

Washington and Lee Law Review Online

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square—and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if ...


Democracy In America At Work: The History Of Labor’S Vote In Corporate Governance, Ewan Mcgaughey Feb 2019

Democracy In America At Work: The History Of Labor’S Vote In Corporate Governance, Ewan Mcgaughey

Seattle University Law Review

Can there be democracy in America at work? The historical division between democracy in politics and hierarchy in the economy is under strain. Hierarchical interests in the economy are shifting their model of power into politics, and yet a commitment to revive the law is resurgent. Central examples are the proposed Accountable Capitalism Act, Reward Work Act, Workplace Democracy Acts, and Employees’ Pension Security Acts. They would create a right for employees to elect 40% of directors on $1 billion company boards, a right for employees to elect one-third of directors on other listed company boards and require one-half employee ...


Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William W. Bratton Feb 2019

Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William W. Bratton

Seattle University Law Review

A collection of eighteen speeches and lectures, from 2003 to 2018, discussing and expanding on the writings and theories of Adolf Berle and Gardiner Means.


Partisan Gerrymandering And Georgia: Red, White, And Blue Or Just Red And Blue?, Michael C. Freeman Jr. Feb 2019

Partisan Gerrymandering And Georgia: Red, White, And Blue Or Just Red And Blue?, Michael C. Freeman Jr.

Georgia State University Law Review

This Note will discuss the viability of the EG and its ramifications as part of a standard for evaluating the unconstitutionality of current and potential districting plans, particularly regarding Georgia’s 2015 plan. Part I outlines the judicial history of partisan gerrymandering and also provides an overview of the EG’s mechanics and the development of Georgia’s reapportionment schemes. Part II then examines the EG’s strengths and weaknesses, applies it and other factors to Georgia’s current districting map, and analyzes the map’s constitutionality. Finally, Part III proposes changes to Georgia’s current plan that, through legislative ...


Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna Jan 2019

Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna

Tennessee Journal of Race, Gender, & Social Justice

New Yorkers woke to a dreary, drizzly day on November 9, 2016. The weather matched the mood of many of the city’s inhabitants. Tears streamed down my face as I sat in the subway waiting for my stop. One by one, as my colleagues in the Community Development Project at the Urban Justice Center came into the office that morning, we shared expressions of shock, anger, fear, and sadness. We feared for what Trump’s election meant for our clients, for ourselves and our families, for our country, and for our world. In the days and weeks that followed ...


The Economic Justice Imperative For Lawyers In “Trump Country”, Priya Baskaran Jan 2019

The Economic Justice Imperative For Lawyers In “Trump Country”, Priya Baskaran

Tennessee Journal of Race, Gender, & Social Justice

This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting ...