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Articles 1 - 30 of 111
Full-Text Articles in Law
December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz
December 29, 2007: More On Craig Unger The Neocons And Religion, Bruce Ledewitz
Hallowed Secularism
More on Craig Unger the Neocons and Religion
December 28, 2007: The Neocons And Religion, Bruce Ledewitz
December 28, 2007: The Neocons And Religion, Bruce Ledewitz
Hallowed Secularism
The Neocons and Religion
December 11, 2007: More On The Romney Speech: Liberal Reaction, Bruce Ledewitz
December 11, 2007: More On The Romney Speech: Liberal Reaction, Bruce Ledewitz
Hallowed Secularism
More on the Romney Speech: Liberal Reaction
Presidential Powers Revisited: An Analysis Of The Constitutional Powers Of The Executive And Legislative Branches Over The Reorganization And Conduct Of The Executive Branch, Alexandra R. Harrington
Presidential Powers Revisited: An Analysis Of The Constitutional Powers Of The Executive And Legislative Branches Over The Reorganization And Conduct Of The Executive Branch, Alexandra R. Harrington
Alexandra R. Harrington
Abstract: Presidential Powers Revisited: An Analysis of the Constitutional Powers of the Executive and Legislative Branches Over the Reorganization and Conduct of the Executive Branch.
Alexandra R. Harrington, Esq.
Two hundred eighteen years after George Washington was elected to serve as the first President of the United States, the Constitutional Framers would likely be heartened to know that over a dozen people are vying for the right to run as their party’s presidential candidate in the upcoming 2008 presidential election. However, these same Framers would likely be severely disheartened to learn that the powers and responsibilities assigned to the executive …
Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois
Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois
Goutam U Jois
Over the past several decades, America’s inner cities have deteriorated socially, economically, and politically. Simultaneously, civic engagement, almost by any measure, has been on the decline: Americans vote less and volunteer less, go out to dinner with friends less and attend PTA meetings less. In this Article, I argue that the two phenomena are linked, at least from the perspective of remedies. Specifically, by rebuilding our inner cities to promote mixed-use, mixed-income development, we can revitalize some of the most impoverished neighborhoods in our country while simultaneously engendering the mechanisms to foster increased civic engagement in our participatory democracy.
November 30, 2007: Huckabee On Hardball, Bruce Ledewitz
November 30, 2007: Huckabee On Hardball, Bruce Ledewitz
Hallowed Secularism
Huckabee on Hardball
November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz
November 28, 2007: Mike Huckabee's Chances, Bruce Ledewitz
Hallowed Secularism
Mike Huckabee's Chances
November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz
November 24, 2007: Hallowed Secularism And Thanksgiving 2007, Bruce Ledewitz
Hallowed Secularism
Hallowed Secularism and Thanksgiving 2007
Where Are Your Papers? Photo Identification As A Prerequisite To Voting, Michael J. Kasper
Where Are Your Papers? Photo Identification As A Prerequisite To Voting, Michael J. Kasper
Michael J. Kasper
ABSTRACT WHERE ARE YOUR PAPERS? Photo Identification as a Prerequisite to Voting Remember the old war movies? Richard Attenborough or William Holden is slowly walking down misty, Parisian streets, the collar of his trench turned up, the brim of the fedora pulled low. A black sedan screeches around the corner and screams to a stop in front of him, before he has time to react. Soldiers bound from the car, pistols draw, and bark “Vhere are your papers?” When did America become this movie? The U.S. Supreme Court will take up this question this term. This article explores five recent …
Hack, Mash & Peer: Crowdsourcing Government Transparency, Jerry Brito
Hack, Mash & Peer: Crowdsourcing Government Transparency, Jerry Brito
Jerry Brito
Hack, Mash & Peer: Crowdsourcing Government Transparency
JERRY BRITO George Mason University - Mercatus Center - Regulatory Studies Program October 21, 2007
Abstract: In order to hold government accountable for its actions, citizens must know what those actions are. To that end, they must insist that government act openly and transparently to the greatest extent possible. In the Twenty- First Century, this entails making its data available online and easy to access. If government data is made available online in useful and flexible formats, citizens will be able to utilize modern Internet tools to shed light on government activities. Such …
October 19, 2007: World Magazine Interview With Bruce Ledewitz, Bruce Ledewitz
October 19, 2007: World Magazine Interview With Bruce Ledewitz, Bruce Ledewitz
Hallowed Secularism
World Magazine interview with Bruce Ledewitz
Will The Real "Che" Guevara Please Stand Up? Labor And Authoritarianism In Sandinista Nicaragua, Stephen Diamond
Will The Real "Che" Guevara Please Stand Up? Labor And Authoritarianism In Sandinista Nicaragua, Stephen Diamond
Stephen F. Diamond
This paper examines the impact of authoritarian left theory, in particular that of “Che” Guevara, on labor rights during the Sandinista’s Nicaraguan revolution. This is important because of the current revival of movements like that of Hugo Chavez in Venezuela that rely on similar approaches to labor and human rights issues as that of the original Sandinista movement. In addition, there is widespread interest today in “Che” Guevara, yet little is known or understood about his actual politics while in power during the early years of the Cuban revolution. In addition, there is increasing sympathy for such authoritarian approaches to …
Does Australia Have A Constitution? Part I -- The Powers Constitution, Howard Schweber, Ken Mayer
Does Australia Have A Constitution? Part I -- The Powers Constitution, Howard Schweber, Ken Mayer
Howard Schweber
The conventional wisdom about the Australian Constitution is that it neither says what it means, nor means what it says. The gap between language and meaning is starkest in the sections on executive power, in which the explicit language vesting all executive power in the Governor-General is supplanted by the conventions of Responsible Government, according to a universally accepted view of what the constitutional framers intended to create. One consequence of this divergence between language and practice is that constitutional interpretation normally requires a series of finesses, in which much of the text is read out of the document entirely. …
October 10, 2007: The Importance Of Religion To Hallowed Secularism, Bruce Ledewitz
October 10, 2007: The Importance Of Religion To Hallowed Secularism, Bruce Ledewitz
Hallowed Secularism
The Importance of Religion to Hallowed Secularism
October 8, 2007: The Fall Of The Religious Right, Bruce Ledewitz
October 8, 2007: The Fall Of The Religious Right, Bruce Ledewitz
Hallowed Secularism
The Fall of the Religious Right
The Odious Debt Doctrine After Iraq, Jai Damle
The Odious Debt Doctrine After Iraq, Jai Damle
Law and Contemporary Problems
The odious debt doctrine has experienced renewed popularity in the past few years; it has been heralded by academics, political commentators, economists, and politicians as a mechanism to alleviate burdens imposed by illegitimate rulers. In its classic formulation, the doctrine provides that a regime's debt is odious, and thus unenforceable, if the state's people did not consent to the debt, the proceeds from the debt were not used for the benefit of the people, and the regime's creditors had knowledge of the first two conditions. In 2003, the newly instated Iraqi regime began negotiations to restructure that country's debt, much …
Odious Debt In Retrospect, Daniel K. Tarullo
Odious Debt In Retrospect, Daniel K. Tarullo
Law and Contemporary Problems
In the eighty years since Alexander Sack coined the phrase "odious debt," academics and activists have periodically rediscovered Sack's idea, often arguing for its application or extension-to this point, in vain. Here, Tarullo reveals the degree to which current interest in the problem of odious debt is intertwined with other problems that strike more critically at the well-being of developing-and emerging-market countries. He reasons that the necessarily complex effort needed to institutionalize a doctrine of odious debt is a potentially effective organizing principle for generating the political will to address these other persistent, debilitating problems.
Sovereign Debt Restructuring, Odious Debt, And The Politics Of Debt Relief, Robert K. Rasmussen
Sovereign Debt Restructuring, Odious Debt, And The Politics Of Debt Relief, Robert K. Rasmussen
Law and Contemporary Problems
Odious debt is more of a literature than a doctrine. Going back to at least the 1920s, one can find arguments that countries should not have to pay back debts that are labeled "odious." The central intuition is that the citizens of a country should not have to pay for the debts incurred by a prior "odious" regime when those funds did not benefit these citizens. It is simply not right to ask people to pay for funds from which they did not benefit, especially when the lender knew of this fact when it made its loan. Here, Rasmussen comments …
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
West Virginia Law Review
No abstract provided.
Deep Purple: Religious Shades Of Family Law, Naomi Cahn, June Carbone
Deep Purple: Religious Shades Of Family Law, Naomi Cahn, June Carbone
West Virginia Law Review
No abstract provided.
Presidential Power In Comparative Perspective: The Puzzling Persistence Of Imperial Presidency In Post-Authoritarian Africa, Kwasi H. Prempeh
Presidential Power In Comparative Perspective: The Puzzling Persistence Of Imperial Presidency In Post-Authoritarian Africa, Kwasi H. Prempeh
H. Kwasi Prempeh
One of the paradoxes of modern democratic government is the phenomenon of the chief executive who rules without regard to formal checks and balances. As democratic institutions and constitutional government have spread to regions of the world once dominated by authoritarian regimes, a longstanding feature of the ancien régime—the imperial presidency—has persisted. While constitutional scholars have shown a great deal of interest in new constitutional courts in the world’s newest democracies, the contemporaneous phenomenon of persistent imperial presidency has been largely ignored. Although relatively little attention has been paid to it in comparative constitutional discourse, Africa, too, has witnessed, since …
Presidential Power In Comparative Perspective: The Puzzling Persistence Of Imperial Presidency Of Post-Authoritarian Africa, H. Kwasi Prempeh
Presidential Power In Comparative Perspective: The Puzzling Persistence Of Imperial Presidency Of Post-Authoritarian Africa, H. Kwasi Prempeh
H. Kwasi Prempeh
ABSTRACT One of the paradoxes of modern democratic government is the phenomenon of the chief executive who rules without regard to formal checks and balances. As democratic institutions and constitutional government have spread to regions of the world once dominated by authoritarian regimes, a longstanding feature of the ancien régime—the imperial presidency—has persisted. While constitutional scholars have shown a great deal of interest in new constitutional courts in the world’s newest democracies, the contemporaneous phenomenon of persistent imperial presidency has been largely ignored. Although relatively little attention has been paid to it in comparative constitutional discourse, Africa, too, has witnessed, …
The Foreign Sovereign Immunities Act: Using A "Shield" Statute As A "Sword" For Obtaining Federal Jurisdiction In Art And Antiquities Cases, Lauren F. Redman
The Foreign Sovereign Immunities Act: Using A "Shield" Statute As A "Sword" For Obtaining Federal Jurisdiction In Art And Antiquities Cases, Lauren F. Redman
Lauren F Redman
This paper examines the emergence of art and antiquities restitution cases being brought in U.S. federal courts under the FSIA. The purpose of the paper is twofold. First, it aims to serve as a compendium of the major art and antiquities restitution cases brought under the FSIA up to this point. In addition, it examines several questions concerning the appropriateness of the FSIA being used in the way it has been in the context of the art cases. Have the jurisdiction granting provisions springing from the exceptions to the FSIA eclipsed the primary purpose of foreign sovereign immunity, which is …
Originalism And The Problem Of Fundament Fairness, R. George Wright
Originalism And The Problem Of Fundament Fairness, R. George Wright
R. George Wright Professor
Originalism is perhaps the most prominent theory of how to interpret the Constitution. Originalism, however, rests upon a process of constitutional drafting and ratification that systematically excluded important demographic groups. Originalism thus rests on a fundamental injustice. Crucially, this fundamental injustice is not confined to the past once the various excluded groups gain the franchise. Originalist theories remain crucially tainted and skewed, particularly with respect to constitutional questions on which originally excluded groups had interests diverging from those of non-excluded groups. The continuing effects of the fundamental unfairness of the constitutional drafting and ratifying process are explored through considering the …
Stronger Trade Or Stronger Embargo: What The Future Holds For United States-Cuba Trade Relations, Michael D. Margulies
Stronger Trade Or Stronger Embargo: What The Future Holds For United States-Cuba Trade Relations, Michael D. Margulies
Michael D Margulies
This paper provides an analysis of the history, politics, legislation and current state of affairs of United States-Cuban trade relations. Beginning with the political climate and events that have led to the existing and limited trade relations between the two countries, the article proceeds to identify the possibility for enhanced trade. The subject of the existing legislation is important in its own right and may serve as an indicator of what potential exists for future U.S.-Cuban relations. Though such a relationship may prove to be economically beneficial for both the U.S. and Cuba, there is much more at stake from …
Presidents And Process: A Comparison Of The Regulatory Process Under The Clinton And Bush (43) Administrations, Stuart Shapiro
Presidents And Process: A Comparison Of The Regulatory Process Under The Clinton And Bush (43) Administrations, Stuart Shapiro
Stuart Shapiro
Do procedural controls placed on the regulatory process allow politicians to control bureaucratic decisionmaking? I use data on the regulatory process under the Clinton and Bush Administrations to assess the differences between these presidents with distinct ideological regulatory agendas. I find that the number of comments received, the changes made between proposal and finalization of rules, the frequency with which agencies bypass notice and comment, the frequency of use of different regulatory analyses, and the time to complete a rulemaking did not vary substantially between the two presidencies. This raises questions about the role of procedural controls on agency decisionmaking.
An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation & The Chevron Doctrine In Environmental Law, Jason J. Czarnezki
An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation & The Chevron Doctrine In Environmental Law, Jason J. Czarnezki
Jason J. Czarnezki
How do the United States Courts of Appeals decide environmental cases? More specifically, how do courts evaluate decisions of statutory interpretation made by government agencies that deal in environmental law? While research on judicial decisionmaking in environmental law has primarily focused on the D.C. Circuit, the Environmental Protection Agency, and the influence of ideology, only recently have legal scholars begun to consider the role of legal factors in judicial decisionmaking in environmental law. Yet, more can be learned about environmental jurisprudence outside the District of Columbia, the “other” environmental agencies, and the influence of legal interpretive approaches and legal doctrine—as …
Using Federal Law To Prescribe Pedagogy: Lessons Learned From The Scientifically-Based Research Requirements Of No Child Left Behind, Kamina A. Pinder
Using Federal Law To Prescribe Pedagogy: Lessons Learned From The Scientifically-Based Research Requirements Of No Child Left Behind, Kamina A. Pinder
Kamina A Pinder
Abstract Recent data on national student achievement under the Reading First program has tentatively established it as the most successful federal academic program in the existence of federal education law. Reading First is an early reading intervention program with rigid curricular and accountability provisions and is the centerpiece of the No Child Left Behind Act--the most far-reaching federal encroachment on state and local control of education in our nation’s history. In implementing the Reading First statute, U.S. Department of Education officials are alleged to have violated statutory provisions that prohibit Department officials from influencing state and local choice of curricular …
Large-Scale Disasters Attacking The American Dream: How To Protect And Empower Homeowners And Lenders, Matthew D. Ekins
Large-Scale Disasters Attacking The American Dream: How To Protect And Empower Homeowners And Lenders, Matthew D. Ekins
Matthew D Ekins
The 2005 hurricane season reminded the world that such catastrophes can and do occur anywhere at anytime. Recovery efforts continue long after tides recede and after-shocks cease. In the context of Hurricane Katrina, this article examines the homeowner-lender relationship to determine risks natural disasters pose to the mortgage industry, likely repercussions a fallout in the mortgage industry may have on the health of the general economy, and what preventative steps have been and may be taken to prevent further economic suffering in a post-catastrophe environment.
Reviving Cities - Legal Remedies To Municipal Financial Crises, Omer Kimhi
Reviving Cities - Legal Remedies To Municipal Financial Crises, Omer Kimhi
Omer Kimhi
Local fiscal crises are by no means a negligible phenomenon. In the last 30 years a significant number of the nation’s cities have suffered from serious financial strain, and several large and important cities (such as New York, Philadelphia and Miami) have even experienced a full-blown crisis (where they did not have sufficient resources to finance basic public services). In this paper I discuss the legal remedies developed over the years to address local insolvency (the creditors’ remedies, Chapter 9 of the bankruptcy code and state financial boards), and I explain the logic and limits of each remedy. The analysis …