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Social and Behavioral Sciences Commons™
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Articles 31 - 60 of 107
Full-Text Articles in Social and Behavioral Sciences
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
William & Mary Law Review
Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …
Without Compromise, Fixing Deficit Is A Fairy Tale, Nathan B. Oman
Without Compromise, Fixing Deficit Is A Fairy Tale, Nathan B. Oman
Popular Media
No abstract provided.
The Mormon Plot That Wasn't, Nathan B. Oman
Split Definitive, Lawrence Baum, Neal Devins
Split Definitive, Lawrence Baum, Neal Devins
Popular Media
For the first time in a century, the Supreme Court is divided solely by political party.
The Senate: Out Of Order?, Aaron-Andrew P. Bruhl
The Senate: Out Of Order?, Aaron-Andrew P. Bruhl
Faculty Publications
Due to the routine use of the filibuster and related devices, today’s Senate operates as a supermajoritarian body. This Symposium Article considers whether this supermajoritarian aspect of the Senate renders it dysfunctional and, if so, what can be done about it. I contend that the Senate is indeed broken. Its current supermajoritarian features have pernicious effects. Further, and contrary to the claims of many of the Senate’s defenders, this aspect of the Senate is not part of the original design. I go on to explain why the Senate’s procedures, despite their deficiencies, have nonetheless proven resistant to reform. The impediment …
Romney And Huntsman: Two Answers To The 'Mormon Question', Nathan B. Oman
Romney And Huntsman: Two Answers To The 'Mormon Question', Nathan B. Oman
Popular Media
No abstract provided.
"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson
"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson
William & Mary Journal of Race, Gender, and Social Justice
In light of the 2008 presidential campaign, Gregory S. Parks
and Jeffrey J. Rachlinski wrote an extensive analysis, titled A Better
Metric, likening the campaign to an interview process and hiring
decision for a high-ranking job. Though unpublished, their work
spawned a number of published articles, book chapters, and a book
on the role of unconscious race and gender bias in the evaluations of
President Barack Obama, First Lady Michelle Obama, and Secretary
of State Hillary Clinton. In light of the analogy between voting and
hiring decisions, this article argues that questions about sexism and
gender bias along the campaign …
The End Of The Great Fiscal Compromise, Nathan B. Oman
The End Of The Great Fiscal Compromise, Nathan B. Oman
Popular Media
No abstract provided.
Preserving Republican Governance: An Essential Government Functions Exception To Direct Democratic Measures, William R. Leinen
Preserving Republican Governance: An Essential Government Functions Exception To Direct Democratic Measures, William R. Leinen
William & Mary Law Review
No abstract provided.
Prosperity Versus Equality At The Polls, Nathan B. Oman
Prosperity Versus Equality At The Polls, Nathan B. Oman
Popular Media
No abstract provided.
Immature Citizens And The State, Vivian E. Hamilton
Immature Citizens And The State, Vivian E. Hamilton
Faculty Publications
Citizens are born, but they are also made. How its citizens come to be—whether the educations they receive will expand or constrain their future options, whether the values they assimilate will encourage or dissuade their civic engagement, etc.—fundamentally concerns the state. Through the power it wields over a vast range of policymaking contexts, the state can significantly influence (or designate those who will influence) many of the formative experiences of young citizens. Young citizens’ accumulated experiences in turn can significantly influence the future mature citizens they will become. The state insufficiently considers the cumulative nature of its citizens’ development, however. …
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins
Faculty Publications
No abstract provided.
Presidential Unilateralism And Political Polarization: Why Today's Congress Lacks The Will And The Way To Stop Presidential Initiatives, Neal Devins
Faculty Publications
No abstract provided.
The More Things Change, The More They Stay The Same, Neal Devins
The More Things Change, The More They Stay The Same, Neal Devins
Faculty Publications
No abstract provided.
Can Public Debt Enhance Democracy?, Clayton P. Gillette
Can Public Debt Enhance Democracy?, Clayton P. Gillette
William & Mary Law Review
This Essay draws on historical and current examples to examine the extent to which public creditors can enhance democracy by monitoring public officials in a manner that compensates for the failures of the government debtor's constituents to monitor public officials. Creditors and constituents may share significant interests, depending on the structure of security arrangements for public debt and the identity of the debtors. Where interests overlap, the capacity of creditors to overcome collective action problems suffered by constituents may transform creditors into surrogates for constituents. Whether creditors are willing to play this role, however, may depend on the existence of …
The Crash And A Third Bloomberg Term, Timothy Zick
The Crash And A Third Bloomberg Term, Timothy Zick
Popular Media
No abstract provided.
Section 2: 2008 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: 2008 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Youngstown Question And The Presidential Contest, Timothy Zick
The Youngstown Question And The Presidential Contest, Timothy Zick
Popular Media
No abstract provided.
Politique Partisane Et Indépendence Judiciare, Neal Devins
Politique Partisane Et Indépendence Judiciare, Neal Devins
Faculty Publications
No abstract provided.
Active Sovereignty, Timothy Zick
Tom Delay: Popular Constitutionalist?, Neal Devins
Tom Delay: Popular Constitutionalist?, Neal Devins
Faculty Publications
No abstract provided.
Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks
Moderating Politics In Post-Conflict States: An Examination Of Bosnia And Herzegovina, Angela M. Banks
Faculty Publications
The individuals who negotiated the peace agreement that ended the war in Bosnia and Herzegovina considered ethnicity to be the most salient division within Bosnian society. Consequently they organized Bosnia's political structure around ethnic representation. While it is doubtful that peace in Bosnia would have been possible without guarantees for ethnic-based political representation, such guarantees have proven insufficient for building a functioning, stable, and cohesive state. This article analyzes the role that Bosnia's political framework, which focuses exclusively on ethnic representation, has played in impeding the development of a significant cadre of moderate political actors and in hindering the success …
Are The States Sovereign?, Timothy Zick
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
William & Mary Law Review
No abstract provided.
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
William & Mary Law Review
No abstract provided.
The Constitutionality Of The Filibuster, Michael J. Gerhardt
The Constitutionality Of The Filibuster, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Dignity: The New Frontier Of State Sovereignty, Scott Dodson
Dignity: The New Frontier Of State Sovereignty, Scott Dodson
Faculty Publications
In Federal Maritime Commission v. South Carolina State Ports Authority, the Supreme Court strongly articulated a new “dignity” rationale for state sovereign immunity. The article critiques this rationale and argues that it dissociates sovereign immunity from any constitutional grounding. However, in doing so, the rationale frees the Court to develop a more coherent theory of state sovereign immunity. The article explores how the dignity rationale might be used to develop such coherence.
Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie
Ethnic Federalism: Its Promise And Pitfalls For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins
Faculty Publications
No abstract provided.
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen
William & Mary Law Review
No abstract provided.