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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 Dec 2012

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 Aug 2012

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 Feb 2012

The Mormon Plot That Wasn't, Nathan B. Oman

Popular Media

No abstract provided.


Split Definitive, Lawrence Baum, Neal Devins Nov 2011

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 May 2011

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 Feb 2011

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 Feb 2011

"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 Jan 2011

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 Dec 2010

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 Nov 2010

Prosperity Versus Equality At The Polls, Nathan B. Oman

Popular Media

No abstract provided.


Immature Citizens And The State, Vivian E. Hamilton Oct 2010

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 Jan 2010

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 Apr 2009

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 Jan 2009

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 Dec 2008

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 Sep 2008

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 Sep 2008

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 Oct 2007

The Youngstown Question And The Presidential Contest, Timothy Zick

Popular Media

No abstract provided.


Politique Partisane Et Indépendence Judiciare, Neal Devins May 2007

Politique Partisane Et Indépendence Judiciare, Neal Devins

Faculty Publications

No abstract provided.


Active Sovereignty, Timothy Zick Apr 2007

Active Sovereignty, Timothy Zick

Faculty Publications

No abstract provided.


Tom Delay: Popular Constitutionalist?, Neal Devins Jul 2006

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 Apr 2005

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 Apr 2005

Are The States Sovereign?, Timothy Zick

Faculty Publications

No abstract provided.


Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff Nov 2004

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 Oct 2004

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 Jul 2004

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Dignity: The New Frontier Of State Sovereignty, Scott Dodson Jan 2003

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 Jan 2003

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 Oct 2002

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 Feb 2002

The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen

William & Mary Law Review

No abstract provided.