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Articles 1 - 22 of 22
Full-Text Articles in Legal History
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
Recognizing New Syrian National Coalition Alone Won’T End War In Syria, Ahmed Souaiaia
Recognizing New Syrian National Coalition Alone Won’T End War In Syria, Ahmed Souaiaia
Ahmed E SOUAIAIA
Those who doubt Lakhdar Brahimi’s assessment of the crisis in Syria ought to rethink their position. His ostensibly naïve initiative for a ceasefire over the Eid holidays might have been a brilliant maneuver that ended the existence of the Syrian National Council, the previously prominent face of the Syrian opposition. Before proposing an ambitious plan of six or one hundred points like his predecessor, Brahimi wanted to make sure that there are reliable representatives of both sides who can exert influence and control over their subordinates. After visiting Russia and China, he proposed, from Tehran, that both the opposition forces …
Who Is The Syrian Opposition?, Ahmed Souaiaia
Who Is The Syrian Opposition?, Ahmed Souaiaia
Ahmed E SOUAIAIA
Since the start of the uprising in Syria, countries supporting the opposition groups wanted to unify them. They organized a series of the so-called “Friends of Syria” conferences one after another only to adjourn without realizing their objective. In most cases, the meetings created more discord than opportunities for unity.
Theorizing Agency, Susan Carle
Theorizing Agency, Susan Carle
Susan D. Carle
Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …
Why Is The U.S.-Islamic World Relation So Fragile?, Ahmed Souaiaia
Why Is The U.S.-Islamic World Relation So Fragile?, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Can Non-Violent Resistance And Armed Rebellion Co-Exist?, Ahmed Souaiaia
Can Non-Violent Resistance And Armed Rebellion Co-Exist?, Ahmed Souaiaia
Ahmed E SOUAIAIA
Social Change in Arab Societies
محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia
محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
Who Decides On Security?, Aziz Rana
Who Decides On Security?, Aziz Rana
Cornell Law Faculty Publications
Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in the United States has been toward greater—not less— executive centralization and discretion. This Article explores why efforts to curb presidential prerogative have failed so consistently. It argues that while constitutional scholars have overwhelmingly focused their attention on procedural solutions, the underlying reason for the growth of emergency powers is ultimately political rather than purely legal. In particular, scholars have ignored how the basic meaning of "security" has itself shifted dramatically since World War II and the beginning of the Cold War in line with changing ideas …
You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan
Donald J. Kochan
With nonviolent revolution in particular, displaced governments leave a power and governance vacuum waiting to be filled. Such vacuums are particularly susceptible to what this Article will call “strategic ideological cooptation.” Following the regime disruption, peaceful chaos transitions into a period in which it is necessary to structure and order the emergent governance scheme. That period in which the new government scheme emerges is particularly fraught with danger when growing from peaceful chaos because nonviolent revolutions tend to be decentralized, unorganized, unsophisticated, and particularly vulnerable to cooptation. Any external power wishing to influence events in societies emerging out of peaceful …
Disclosure's Effects: Wikileaks And Transparency, Mark Fenster
Disclosure's Effects: Wikileaks And Transparency, Mark Fenster
Mark Fenster
Islamists Bring Religion Down To Earth: The End Of Religious Idealism, Ahmed Souaiaia
Islamists Bring Religion Down To Earth: The End Of Religious Idealism, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
Zena Denise Crenshaw-Logal
On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …
The Possibility Of Compromise: Antiabortion Moderates After Roe V. Wade, Mary Ziegler
The Possibility Of Compromise: Antiabortion Moderates After Roe V. Wade, Mary Ziegler
Scholarly Publications
Did Roe v. Wade destroy the possibility for compromise in the abortion debate? Leading studies argue that Roe itself radicalized debate and marginalized antiabortion moderates, either by issuing a sweeping decision before adequate public support had developed or by framing the opinion in terms of moral absolutes. Others rely on this history in criticizing the sweeping privacy framework set out in Roe, attributing the radicalization of the general discussion and the antiabortion movement to the timing, reach, or framing of the abortion right in the opinion.
The polarization narrative on which leading studies rely obscures important actors and arguments that …
Grassroots Originalism: Rethinking The Politics Of Judicial Philosophy, Mary Ziegler
Grassroots Originalism: Rethinking The Politics Of Judicial Philosophy, Mary Ziegler
Scholarly Publications
How has originalism become so politically successful? In answering this question, leading scholarship has focused on the ways in which political leaders, judges, and lawyers have cultivated popular support for originalism. In one account, legal academics, politicians, and judges have explained the legal merits of originalism as a method of interpretation: its political neutrality and its democratic legitimacy. In a second version, political leaders—in particular, the Reagan Administration and the judges it nominated—made apparent that originalism would often produce outcomes that social conservatives found satisfactory. With some exceptions, leading studies primarily address the contributions made by elites to rhetoric about …
Prospective Advice And Consent, Jean Galbraith
Prospective Advice And Consent, Jean Galbraith
All Faculty Scholarship
No abstract provided.
The Financial Crisis Inquiry Commission And The Politics Of Governmental Investigations, Michael A. Perino
The Financial Crisis Inquiry Commission And The Politics Of Governmental Investigations, Michael A. Perino
Faculty Publications
In May 2009, Congress passed the Fraud Enforcement and Recovery Act which created the Financial Crisis Inquiry Commission, an independent, bipartisan panel tasked to examine the causes of the current financial and economic crisis in the United States.
Franklin Roosevelt never created an independent commission to investigate Wall Street, but the Pecora hearings, the eponymous investigation of Wall Street wrongdoing run by a former New York prosecutor, captivated the country. For sixteen months in the worst depths of the Great Depression, Ferdinand Pecora paraded a series of elite financiers before the Senate Banking and Currency Committee. In one hearing after …
Introduction, Paul Finkelman
Natural Rights To Welfare, Siegfried Van Duffel
Natural Rights To Welfare, Siegfried Van Duffel
Siegfried Van Duffel
No abstract provided.
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo
Nick J. Sciullo
Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …
Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo
Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo
Nick J. Sciullo
In this brief article, I tackle several issues that are critically important to progressive move(ment)s in the law and in society as a whole. I am convinced that the progressive community can make great strides in enriching the law and people’s experience with it through continued articulation and combined sense of theory and practice. We need to move beyond litigation and engage our critical consciousness to embrace activism on all fronts. This is why I locate a positive politics of struggle in the Occupy Movements that I believe progressives ought to embrace . We must simultaneously come to grips with …