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Full-Text Articles in Law and Politics
Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis
Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis
University of Michigan Journal of Law Reform
The Department ofJustice (DOJ) can compel individuals and entities to sacrifice their constitutional or statutory rights. The DOJ can do so through brute political force, settlements and consent decrees, selective statutory enforcement, and prosecutions that coerce future actors not to pursue goals contrary to the policy desires of the executive branch. The current regime provides few constraints on the DOJ's ability to abuse its legal authority to achieve political objectives. This unbridled power jeopardizes the rights of both opposing and third parties.
This Note examines, in a bipartisan manner, the methods the Justice Department employs that deprive opponents or third …
Barriers To Participation, Trevor Potter, Marianne H. Viray
Barriers To Participation, Trevor Potter, Marianne H. Viray
University of Michigan Journal of Law Reform
Despite the nation's founding commitment to participatory democracy, many barriers to candidate and public participation in the electoral process are damaging the public's confidence that our elections are fair and open to full participation by candidates and voters.
The nominating processes created by the two major parties mainly serve the goals of party "insiders" and the more politically extreme factions, at the expense of competition and public confidence in the two-party system. At the same time, barriers to minor party and independent candidates-closed primaries, excessive early-voter registration requirements and complicated state primary and general ballot access requirements-operate to foreclose the …