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Articles 1 - 30 of 42
Full-Text Articles in Law and Politics
Maine Women's Lobby News Letter (1995 - December) No 13, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1995 - December) No 13, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Radically Subversive Speech And The Authority Of Law, Steven D. Smith
Radically Subversive Speech And The Authority Of Law, Steven D. Smith
Michigan Law Review
This essay attempts to use a familiar, relatively concrete constitutional question to think about a familiar, relatively abstract jurisprudential question - and vice versa. The constitutional question asks why we should give legal protection to what I will call "radically subversive speech." The jurisprudential question concerns the ancient problem of the legitimacy or authority of law in general. "What is law," as Philip Soper puts the question, "that I should obey it?" I will try in this essay to show that the abstract question sheds light on the more concrete one - and vice versa.
The First Stone Of The Death Penalty, Bruce Ledewitz
The First Stone Of The Death Penalty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Section 3: Town Meeting: The Supreme Court And The Contract With America -- What Role For The Court In Changing Political Times?, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Town Meeting: The Supreme Court And The Contract With America -- What Role For The Court In Changing Political Times?, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Maine Women's Lobby News Letter (1995 - September) No. 12), Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1995 - September) No. 12), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg
The Power Of Congress Over Courts In N Onfederal Cases, Louise Weinberg
BYU Law Review
No abstract provided.
Regional Water Planning In New Mexico: An Opportunity For Citizen Involvement In State Government, Lucy Moore
Regional Water Planning In New Mexico: An Opportunity For Citizen Involvement In State Government, Lucy Moore
Sustainable Use of the West's Water (Summer Conference, June 12-14)
12 pages.
Contains references.
Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center
Sustainable Use of the West's Water (Summer Conference, June 12-14)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.
Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …
Agriculture’S Cap Experience: Sustainability For Whom?, Paul N. Wilson
Agriculture’S Cap Experience: Sustainability For Whom?, Paul N. Wilson
Sustainable Use of the West's Water (Summer Conference, June 12-14)
23 pages.
Contains endnotes and references.
Direct Democracy And Bioethical Choices: Voting Life And Death At The Ballot Box, Judith F. Daar
Direct Democracy And Bioethical Choices: Voting Life And Death At The Ballot Box, Judith F. Daar
University of Michigan Journal of Law Reform
Direct democracy, the political process that enables citizens to draft, circulate, and enact laws, has become the refuge for grassroots organizations seeking statutory validation in a legislative arena perceived to be unresponsive or unfriendly to their concerns. One group of citizens, advocates for physician-aid-in-dying, has recently emerged on the national scene, sponsoring state ballot initiatives in three states and pledging to continue their quest for legalization of physician-assisted death throughout the country. In this Article, Professor Daar examines the interplay between direct democracy and regulation of end-of-life decision making. This examination reveals that lawmaking by initiative, as seen through the …
Challenging Episodic Practices Under Section 2 Of The Voting Rights Act: Critical Analysis Of Ortiz V. City Of Philadelphia Office Of The City Commissioners Voter Registration Division, John A. Earnhardt
Washington and Lee Law Review
No abstract provided.
In Defense Of Lawyers, Geoffrey C. Hazard Jr.
In Defense Of Lawyers, Geoffrey C. Hazard Jr.
Michigan Law Review
A Review of A Nation Under Lawyers: How the Crisis In the Legal Profession is Transforming American Society by Mary Ann Glendon
Stark Karst, Richard Delgado
Stark Karst, Richard Delgado
Michigan Law Review
A Review of Law's Promise, Law's Expression: Visions of Power in the Politics of Race, Gender, and Religion by Kenneth L. Karst
Maine Women's Lobby News Letter (1995 - March) No 11, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1995 - March) No 11, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Cruelly Unusual, Bruce Ledewitz
Cruelly Unusual, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz
Pa. Justices Were Wrong To Fill Spot, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz
Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Maine Women's Lobby News Letter (1995 - January) No 10, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1995 - January) No 10, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier
By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In this age of the sound byte, a simplified "yes-or-no" choice is an appealing solution to complex questions. Although computer logic is founded upon such yes-or-no binary choices, nothing can be achieved through a single yes-or-no alternate. Multiple choices must be made to achieve resolution. On a synthesizer, for example, producing a single note requires fifteen to twenty binary choices. The fabric of a complete song emerges only with a myriad of yes-or-no choices. Ballot initiatives provide voters with a simple yes-or-no choice to respond to issues that have myriad approaches.' To reflect the full tap- estry of majority preferences, …
Intolerant Democracies, Gregory H. Fox, Georg Nolte
Intolerant Democracies, Gregory H. Fox, Georg Nolte
Law Faculty Research Publications
International law is increasingly concerned with national transitions to democratic government. The holding of free and fair elections alone, however, provides no guarantee that a democratic system will become firmly established and capable of resisting challenges by anti-democratic actors. The question thus arises of how intolerant a democracy may become toward such actors in order to preserve itself without relinquishing the claim of being democratic. This problem has arisen on a number of occasions, perhaps the most dramatically upon the cancellation of the second round of the Algerian elections in early 1992.
This Article explores the legal issues raised by …
What's Wrong With Exploitation?, Justin Schwartz
What's Wrong With Exploitation?, Justin Schwartz
Justin Schwartz
Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …
In Defence Of Exploitation, Justin Schwartz
In Defence Of Exploitation, Justin Schwartz
Justin Schwartz
The concept of exploitation is thought to be central to Marx's Critique of capitalism. John Roemer, an analytical (then-) Marxist economist now at Yale, attacked this idea in a series of papers and books in the 1970s-1990s, arguing that Marxists should be concerned with inequality rather than exploitation -- with distribution rather than production, precisely the opposite of what Marx urged in The Critique of the Gotha Progam.
This paper expounds and criticizes Roemer's objections and his alternative inequality based theory of exploitation, while accepting some of his criticisms. It may be viewed as a companion paper to my What's …
Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker
Consorting With The Forests: Rethinking Our Relationships To Natural Resources And How We Should Value Their Loss, Katharine K. Baker
Katharine K. Baker
Section I of this article defines the contours of the natural resource damage cause of action by explaining who sues, on whose behalf they sue, and for what they sue. It is in this section that I take issue with the environmentalists' claim that trees should have standing and the economists' claim that the right at stake is a property right. Section II explores the nature of the human connection to the environment, how that connection is affected by natural resource damage loss, and why it is legitimate to compensate for the loss of that connection. Analysis of the subjective …
The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli
The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli
Scholarly Works
No abstract provided.
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
Publications
No abstract provided.
A Fond Farewell, Bruce Ledewitz
A Fond Farewell, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Perspectives On The Law Of The American Sit-In, Bruce Ledewitz
Perspectives On The Law Of The American Sit-In, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Applicability Of Nepa To Nafta: Law, Politics, Or Economics?, Taunya L. Mclarty
The Applicability Of Nepa To Nafta: Law, Politics, Or Economics?, Taunya L. Mclarty
Maryland Journal of International Law
No abstract provided.
Development Of The Democratic Institutions & (And) The Rule Of Law In The Former Soviet Union: A Round Table Discussion, 28 J. Marshall L. Rev. 865 (1995), Elena Bonner
UIC Law Review
No abstract provided.
Some Problems With Public Reason In John Rawls's Political Liberalism, Kent Greenawalt
Some Problems With Public Reason In John Rawls's Political Liberalism, Kent Greenawalt
Faculty Scholarship
Political Liberalism is a major addition to the political theory of John Rawls. In many respects, it develops or alters views expressed in his famous A Theory of Justice. For changes that appeared in various articles Rawls published after the earlier book, Political Liberalism tends to offer nuances of difference. The most original chapter is about public reason, and my comments are directed to that subject, which has now become a centerpiece of Rawls's theory. I draw in Rawls's other views only as they bear on public reason.
My aim is to present some problems I see with his …