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Full-Text Articles in Law and Politics
Political Fragmentation In The Democracies Of The West, Richard H. Pildes
Political Fragmentation In The Democracies Of The West, Richard H. Pildes
Brigham Young University Journal of Public Law
The decline of effective government throughout most Western democracies poses one of the greatest challenges democracy currently confronts. The importance of effective government receives too little attention in democratic and legal theory, yet the inability to deliver effective government can lead citizens to alienation, distrust, and withdrawal from participation, and worse, to endorse authoritarian leaders who promise to cut through the dysfunctions of democratic governments.
A major reason for this decline in effective government is that democracies have become more politically fragmented. Political power has been dispersed among many more political parties, organized groups, and even more spontaneous, instantly mobilized …
The Territorial And District Representation Amendment: A Proposal, Colin P.A. Jones
The Territorial And District Representation Amendment: A Proposal, Colin P.A. Jones
Brigham Young University Journal of Public Law
This article will propose and explain a draft amendment to the United States Constitution that would secure an intermediate degree of political representation for Americans living in U.S. territories. While concerned principally with U.S. territories, the amendment would also address Congressional representation for the District of Columbia.
Dissent And The Rule Of Law, Russell D. Covey
Dissent And The Rule Of Law, Russell D. Covey
Brigham Young University Journal of Public Law
Both the right to dissent and the “rule of law” are celebrated and frequently invoked values. Yet widespread popular dissent, such as that seen in the recent Black Lives Matter protests sparked by the police killing of George Floyd and others and a strong backlash against protestors by some political leaders, has deeply challenged the compatibility of those values. This tension raises deep theoretical questions about the essential concept of the rule of law, questions that have not yet been addressed by legal theorists. Consensus is greatest with respect to some of the formal characteristics of the rule of law, …
Deregulation Defanged: An Empirical Review Of Federal Deregulatory Policy And Its Legal Obstacles, Jack Thorlin
Deregulation Defanged: An Empirical Review Of Federal Deregulatory Policy And Its Legal Obstacles, Jack Thorlin
Brigham Young University Journal of Public Law
No abstract provided.
The Politics Of The Law-Politics Dichotomy, Stephen M. Feldman
The Politics Of The Law-Politics Dichotomy, Stephen M. Feldman
Brigham Young University Journal of Public Law
Throughout American history, judges and legal scholars have articulated and maintained a sharp separation between law and politics. This essay asks the question: Why do so many judges and scholars devote so much time and energy to bolstering this law-politics dichotomy? Using William Baude and Stephen E. Sachs’s recent article “The Law of Interpretation as a Sp ringboard,” this essay explores the history and political valence of the dichotomy. From Baude and Sach’s perspective, politics is like a disease: if it infects legal interpretation, then it threatens the health of the judicial process. But the history of the law-politics dichotomy …
The Politics Of The Law-Politics Dichotomy, Dean E. Conder
The Politics Of The Law-Politics Dichotomy, Dean E. Conder
Brigham Young University Journal of Public Law
Throughout American history, judges and legal scholars have articulated and maintained a sharp separation between law and politics. This essay asks the question: Why do so many judges and scholars devote so much time and energy to bolstering this law-politics dichotomy? Using William Baude and Stephen E. Sachs’s recent article “The Law of Interpretation as a Sp ringboard,” this essay explores the history and political valence of the dichotomy. From Baude and Sach’s perspective, politics is like a disease: if it infects legal interpretation, then it threatens the health of the judicial process. But the history of the law-politics dichotomy …
In Defense Of The Post-Partisan President: Toward The Boundary Between "Partisan" Advantage And "Political" Choice, David C. Weiss
In Defense Of The Post-Partisan President: Toward The Boundary Between "Partisan" Advantage And "Political" Choice, David C. Weiss
Brigham Young University Journal of Public Law
No abstract provided.
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler
Brigham Young University Journal of Public Law
No abstract provided.
"Lobbying Activities" And Presidential Pardons: Will Legislators' Efforts To Amend The Lda Lead To Increasingly Hard-Lined Jurisprudence? , Kathryn L. Plemmons
"Lobbying Activities" And Presidential Pardons: Will Legislators' Efforts To Amend The Lda Lead To Increasingly Hard-Lined Jurisprudence? , Kathryn L. Plemmons
Brigham Young University Journal of Public Law
No abstract provided.
What Is The European Union?, Ilann Margalit Maazel
What Is The European Union?, Ilann Margalit Maazel
Brigham Young University Journal of Public Law
No abstract provided.
Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards
Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards
Brigham Young University Journal of Public Law
No abstract provided.