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Articles 1 - 4 of 4
Full-Text Articles in Law and Politics
The Bush Administration's Response To The International Criminal Court, Jean Galbraith
The Bush Administration's Response To The International Criminal Court, Jean Galbraith
All Faculty Scholarship
No abstract provided.
Campaign Finance Reform, Free Speech And The Supreme Court, Derek Langhauser
Campaign Finance Reform, Free Speech And The Supreme Court, Derek Langhauser
Maine Policy Review
In December 2003, the United States Supreme Court upheld all the key provisions of the Bipartisan Campaign Finance Reform Act (BCRA) of 2002. In their 5-4 decision, the justices deferred broadly to the limitations set by Congress on unregulated “soft money” and “issue ads” in political campaigns. Derek Langhauser, who worked in Senator Olympia Snow’s office as counsel in McConnell v FEC, as this case was called, gives a legal history of the challenge of balancing Congress’ interest in protecting the integrity of elections with the Constitution’s competitive rights of free speech and association. He describes in detail the Supreme …
Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel
Preventive Detention: Prisoners, Suspected Terrorists And Permanent Emergency, Jules Lobel
Articles
Central to the United States government’s strategy after the September 11th attacks has been a shift from punishing unlawful conduct to pre-empting possible or potential dangers. This strategy threatens to undermine fundamental principles of both constitutional law and international law which prohibit certain government action based on mere suspicion or perceived threat. The law normally requires that the government wait until a person or nation has committed or is attempting to commit a criminal act before it may employ force in response. The dangers of a policy of preventive detention have been analyzed from a number of perspectives. Historians have …
State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan
Donald J. Kochan
In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …