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Articles 1 - 24 of 24
Full-Text Articles in Political Theory
The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig
The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole
Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole
Articles by Maurer Faculty
Elinor Ostrom’s Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working rules; Type 2: …
On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage
On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage
Articles by Maurer Faculty
This Essay — written for Florida State University’s symposium on the 100th anniversary of the U.S. federal income tax — evaluates how the literature on tax salience should be advanced in order for it to better guide tax policy over the coming decades. The literature on tax salience analyzes how taxpayers account for the costs imposed by taxation when the taxpayers make decisions or judgments, both in the taxpayers’ roles as voters and as market participants. This Essay evaluates both possible operative mechanisms that might underlie observed tax salience effects and limiting factors that might prevent tax salience effects from …
Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams
Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams
Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Book Review. When All Else Fails: Government As The Ultimate Risk Manager By David A. Moss, Ajay K. Mehrotra
Book Review. When All Else Fails: Government As The Ultimate Risk Manager By David A. Moss, Ajay K. Mehrotra
Articles by Maurer Faculty
No abstract provided.
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem
Articles by Maurer Faculty
Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.
This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of …
The Constitutional Right To "Conservative" Revolution, David C. Williams
The Constitutional Right To "Conservative" Revolution, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams
Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell
Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell
Articles by Maurer Faculty
No abstract provided.
Content Discrimination And The First Amendment, Susan H. Williams
Content Discrimination And The First Amendment, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad
Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad
Articles by Maurer Faculty
These two books are much of a piece. Both advocate a libertarian jurisprudence of "Natural Rights"; and the rights in question are, they tell us, determinate and historic. It is primarily this distinctive historicism common to both books that I take as an invitation to consider them as a pair.
A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland
A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland
Articles by Maurer Faculty
No abstract provided.
Prospects For Federalism, Maurice J. Holland
Prospects For Federalism, Maurice J. Holland
Articles by Maurer Faculty
No abstract provided.
Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan
Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan
Articles by Maurer Faculty
In this paper we examine the sanctioning of one type of political deviance, draft resistance, in two different social and political contexts: an era of coercive control and a period of cooptive control. A focus on the sanctioning of draft resisters allows a unique opportunity to examine the societal response to what the New Criminologists (Taylor et al., 1973:267) describe as the "purposive creator and innovator of action" whose crimes are the product of ". . . individual or collective action taken to Resolve... inequalities of power and interest." Our data cover a fourteen year period and consist of information …
Radical Perceptions Of International Law And Practice, A. A. Fatouros
Radical Perceptions Of International Law And Practice, A. A. Fatouros
Articles by Maurer Faculty
No abstract provided.
Unification Of Political And Legal Theory, Jerome Hall
Unification Of Political And Legal Theory, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall
Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs
Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
When Is A Political Question Justiciable?, Ivan C. Rutledge
When Is A Political Question Justiciable?, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall
Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Newer Social Scientists Look At Law, Ralph F. Fuchs
The Newer Social Scientists Look At Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Two Aspects Of Law And Liberalism In The United States, Ralph F. Fuchs
Two Aspects Of Law And Liberalism In The United States, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.