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Articles 1 - 23 of 23
Full-Text Articles in Law
Washington State Legislative Internship Capstone, Brooklyn Jennings
Washington State Legislative Internship Capstone, Brooklyn Jennings
PPPA Paper Prize
This article reviews 10 weeks interning during the 2023 Washington State Legislative session. This review includes narrative, personal reflection, critique, and discussions of the author's future. There are layers of academic analysis mixed with informal reflections and observations.
Supreme Court Precedent And The Politics Of Repudiation, Robert L. Tsai
Supreme Court Precedent And The Politics Of Repudiation, Robert L. Tsai
Faculty Scholarship
This is an invited essay that will appear in a book titled "Law's Infamy," edited by Austin Sarat as part of the Amherst Series on Law, Jurisprudence, and Social Thought. Every legal order that aspires to be called just is held together by not only principles of justice but also archetypes of morally reprehensible outcomes, and villains as well as heroes. Chief Justice Roger Taney, who believed himself to be a hero solving the great moral question of slavery in the Dred Scott case, is today detested for trying to impose a racist, slaveholding vision of the Constitution upon America. …
Equality Is A Brokered Idea, Robert Tsai
Equality Is A Brokered Idea, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Declining Controversial Cases: How Marriage Equality Changed The Paradigm, Elena Baylis
Articles
Until recently, state attorneys general defended their states’ laws as a matter of course. However, one attorney general’s decision not to defend his state’s law in a prominent marriage equality case sparked a cascade of attorney general declinations in other marriage equality cases. Declinations have also increased across a range of states and with respect to several other contentious subjects, including abortion and gun control. This Essay evaluates the causes and implications of this recent trend of state attorneys general abstaining from defending controversial laws on the grounds that those laws are unconstitutional, focusing on the marriage equality cases as …
Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken
Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller
Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller
All Faculty Scholarship
No abstract provided.
Book Review: Justice In Robes By Ronald Dworkin (2006), Dan Priel
Book Review: Justice In Robes By Ronald Dworkin (2006), Dan Priel
All Papers
Since the 1960's Ronald Dworkin has been arguing for a particular account of law that he believed was both explanatorily superior to the one offered by competing theories, and also the basis for normative arguments for producing right answers to legal questions. Justice in Robes collects Dworkin's most recent essays on this subject and thus provides the appropriate opportunity for assessing the legal theory of one of the more influential legal philosophers. In this Review I seek to offer a clearer account than appears in the book itself of Dworkin's project, and in this way offer a measured assessment of …
Dispatches From The Tort Wars, Anthony J. Sebok
Dispatches From The Tort Wars, Anthony J. Sebok
Articles
It is difficult to avoid the conclusion that, as a political matter, the modern tort reform movement has been very successful. This essay reviews three books that either rebut the tort reform movement's central theses or analyze the strategies that allowed the movement to prevail. I discuss Tom Baker's The Medical Malpractice Myth, Herbert Kritzer's Risks, Reputations, and Rewards: Contingency Fee Legal Practice in the United States, and William Haltom & Michael McCann's Distorting the Law: Politics, Media, and the Litigation Crisis. Although each book has a very different focus from the other two, I argue that a common theme …
The Chief Prosecutor, Sai Prakash
The Chief Prosecutor, Sai Prakash
University of San Diego Public Law and Legal Theory Research Paper Series
Since Watergate, legal scholars have participated in a larger debate about the President’s constitutional relationship to prosecutions. In particular, many legal scholars sought to debunk the received wisdom that prosecution was an executive function subject to presidential control. Revisionist scholars cited early statutes and practices meant to demonstrate that early presidents lacked control over prosecution. Among other things, scholars asserted that early presidents could not control either the federal district attorneys or the popular prosecutors who brought qui tam suits to enforce federal law. In fact, many of the revisionist claims are wrong and others are beside the point. Despite …
What Is Legal Doctrine, Emerson Tiller, Frank B. Cross
What Is Legal Doctrine, Emerson Tiller, Frank B. Cross
Public Law and Legal Theory Papers
Legal doctrine is the currency of the law. In many respects, doctrine is the law, at least as it comes from courts. Judicial opinions create the rules or standards that comprise legal doctrine. Yet the nature and effect of legal doctrine has been woefully understudied. Researchers from the legal academy and from political science departments have conducted extensive research on the law, but they have largely ignored the others’ efforts. Part of the reason for this unfortunate disconnect is that neither has effectively come to grips with the descriptive meaning of legal doctrine. In this article, we attempt to describe …
Overview Of Legal Systems In The Asia-Pacific Region: India, Navoneel Dayanand
Overview Of Legal Systems In The Asia-Pacific Region: India, Navoneel Dayanand
Overview of Legal Systems in the Asia-Pacific Region (2004)
This article provides a general description of the legal system of India. It further discusses aspects of legal education and legal practice in that country.
A Reply--The Missing Portion, Pierre Schlag
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
Law Faculty Scholarly Articles
Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …
Politics And Denial, Pierre Schlag
Comment On Maccormick, William Ewald
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Law, Order And Democracy: An Analysis Of The Judiciary In A Progressive State--The Saskatchewan Experience, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
Current legal debates on the Charter of Rights and Freedoms in Canada have focused on the apparent shift in the location of power from elected representatives to the judiciary since 1982. In this paper, I take an historical perspective on that issue. I will explore the relationship of political power, as exercised by the judiciary through the interpretation of legislation, with concepts of parliamentary supremacy in Saskatchewan during the fist half of this century.
The paper first describes the political character of the judiciary in Saskatchewan from 1905 until 1941, and then describes the political movements which gave rise to …
The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick
The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Democracy And Its Critics, Cary Coglianese
Democracy And Its Critics, Cary Coglianese
All Faculty Scholarship
No abstract provided.
Reply To Cornel West, William Ewald
Unger's Philosophy: A Critical Legal Study, William Ewald
Unger's Philosophy: A Critical Legal Study, William Ewald
All Faculty Scholarship
Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.
Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers
Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers
Journal Articles
The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …