Reciprocal Legitimation In The Federal Courts System: Racial Segregation, Reapportionment, And Obergefell Appendix A, Neil S. Siegel
Much scholarship in law and political science has long understood the U.S. Supreme Court to be the “apex” court in the federal judicial system, and so to relate hierarchically to “lower” federal courts. On that top-down view, exemplified by the work of Alexander Bickel and many subsequent scholars, the Court is the principal, and lower federal courts are its faithful agents. Other scholarship takes a bottom-up approach, viewing lower federal courts as faithless agents or analyzing the “percolation” of issues in those courts before the Court decides. This Article identifies circumstances in which the relationship between the Court and ...
Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, 2016 University of Puget Sound
Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross
Politics & Government Undergraduate Theses
The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...
The Rise Of The Global South, The Imf And The Future Of Law And Development, 2016 University of Wollongong
The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia
Dr Gabriel Garcia
Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, 2016 Notre Dame Law School
Evaluating Legislative Justice Sector Reforms: Creating An Environment For Survival, Lauren A. Shumate
Journal of Legislation
No abstract provided.
The Right Tax At The Right Time, 2016 University of Southern California
The Right Tax At The Right Time, Edward D. Kleinbard
University of Southern California Legal Studies Working Paper Series
The companion paper to this (Capital Taxation in an Age of Inequality) argues that a moderate flat-rate (proportional) income tax on capital imposed and collected annually has attractive theoretical and political economy properties that can be harnessed in actual tax instrument design. This paper continues the analysis by specifying in detail how such a tax might be designed.
The idea of the Dual Business Enterprise Income Tax, or Dual BEIT, is to offer business enterprises a neutral profits tax environment in which to operate, in which normal returns to capital are exempt from tax by means of an annual capital ...
Tragedy, Outrage & Reform Crimes That Changed Our World: 1911 – Triangle Factory Fire – Building Safety Codes, 2016 University of Pennsylvania Law School
Tragedy, Outrage & Reform Crimes That Changed Our World: 1911 – Triangle Factory Fire – Building Safety Codes, Paul H. Robinson, Sarah M. Robinson
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.
They offer some incredible stories about how people, good and bad, change the world around ...
Where Do Justice Ginsburg And Justice Hale—And Judicial Independence—Go From Here?, 2016 Liverpool Hope University, UK
Where Do Justice Ginsburg And Justice Hale—And Judicial Independence—Go From Here?, Brian Christopher Jones
Brian Christopher Jones
No abstract provided.
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, 2016 University of Georgia School of Law
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Georgia Journal of International & Comparative Law
No abstract provided.
(De)Liberalizing Judicial Independence In Egypt (Oneworld 2016), 2016 Texas A&M University School of Law
(De)Liberalizing Judicial Independence In Egypt (Oneworld 2016), Sahar F. Aziz
Sahar F. Aziz
Beyond Punks In Empty Chairs: An Imaginary Conversation With Clint Eastwood’S Dirty Harry—Toward Peace Through Spiritual Justice, 2016 University of Massachusetts School of Law
Beyond Punks In Empty Chairs: An Imaginary Conversation With Clint Eastwood’S Dirty Harry—Toward Peace Through Spiritual Justice, Mark L. Jones
University of Massachusetts Law Review
This Article is based on a presentation at the 2012 conference on “Struggles for Recognition: Individuals, Peoples, and States” co-sponsored by Mercer University, the Concerned Philosophers for Peace, and the Carnegie Council for Ethics in International Affairs, and it seeks to help combat our human tendency to demonize the Other and thus to contribute in some small way to the reduction of unnecessary conflict and violence. The discussion takes the form of a conversation in a bar between four imagined protagonists, who have participated in the conference, and Clint Eastwood’s Dirty Harry, who is having a bad day questioning ...
Is Government Really Broken?, 2016 University of Pennsylvania Law School
Is Government Really Broken?, Cary Coglianese
The widespread public angst that surfaced in the 2016 presidential election revealed how many Americans believe their government has become badly broken. Given the serious problems that continue to persist in society—crime, illiteracy, unemployment, poverty, discrimination, to name a few—widespread beliefs in a governmental breakdown are understandable. Yet such a breakdown is actually far from self-evident. In this paper, I explain how diagnoses of governmental performance depend on the perspective from which current conditions in the country are viewed. Certainly when judged against a standard of perfection, America has a long way to go. But perfection is no ...
Governmental Intervention In An Economic Crisis, 2016 University of Southern California Law
Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr.
This paper articulates a framework both for assessing the various government bailouts that took place at the onset of Great Recession and for guiding future rescue efforts when they become necessary. The goals for those engineering a bailout should be to be as transparent as possible, to articulate clearly the reason for the intervention, to respect existing priorities among investors, to exercise control only at the top level where such efforts can be seen by the public, and to exit as soon as possible. By these metrics, some of the recent bailouts should be applauded, while others fell short. We ...
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, 2016 Indiana University Maurer School of Law
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha
Indiana Journal of Constitutional Design
The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in ...
Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, 2016 University of Pennsylvania Law School
Risk And Regulatory Calibration: Wto Compliance Review Of The U.S. Dolphin-Safe Tuna Labeling Regime, Cary Coglianese, André Sapir
In a series of recent disputes arising under the TBT Agreement, the Appellate Body has interpreted Article 2.1 to provide that discriminatory and trade-distortive regulation could be permissible if based upon a “legitimate regulatory distinction.” In its recent compliance decision in the US-Tuna II dispute, the AB reaffirmed its view that regulatory distinctions embedded in the U.S. dolphin-safe tuna labeling regime were not legitimate because they were not sufficiently calibrated to the risks to dolphins associated with different tuna fishing conditions. This paper analyzes the AB’s application of the notion of risk-based regulation in the US-Tuna II ...
Democratizing Criminal Law: Feasibility, Utility, And The Challenge Of Social Change, 2016 University of Pennsylvania Law School
Democratizing Criminal Law: Feasibility, Utility, And The Challenge Of Social Change, Paul H. Robinson
The notion of “democratizing criminal law” has an initial appeal because, after all, we believe in the importance of democracy and because criminal law is so important – it protects us from the most egregious wrongs and is the vehicle by which we allow the most serious governmental intrusions in the lives of individuals. Given criminal law’s special status, isn’t it appropriate that this most important and most intrusive governmental power be subject to the constraints of democratic determination?
But perhaps the initial appeal of this grand principle must give way to practical realities. As much as we are ...
Legislative Art As Policy And Pedagogy, 2016 University of Illinois at Urbana-Champaign
Legislative Art As Policy And Pedagogy, Albert Stabler
Marilyn Zurmuehlen Working Papers in Art Education
The primary medium for artist Laurie Jo Reynolds is that of political lobbying. She refers to her practice as “legislative art,” adapting the term “legislative theater,” a technique for grassroots lawmaking developed and coined by Brazilian director and playwright Augusto Boal, who both founded the Theater of the Oppressed and served as a member of the Rio city government from 1993 to 1997. By linking the discourses of art and law, Reynolds’ practice can be understood as a form of education, highlighting the restrictions required for creativity, and the possibilities afforded by structure. In my essay I bring together European ...
The Much Maligned 527 And Institutional Choice, 2016 Notre Dame Law School
The Much Maligned 527 And Institutional Choice, Lloyd Hitoshi Mayer
Lloyd Hitoshi Mayer
The continuing controversy over 527 organizations has led Congress to impose extensive disclosure requirements on these political organizations and to consider imposing extensive restrictions on their funding as well. The debate about what laws should govern these entities has, however, so far almost completely ignored the fact that such laws raise a complicated institutional choice question.
This Article seeks to resolve that question by developing a new institutional choice framework to guide this and similar choices. The Article first explores the context for making this determination by describing the current laws governing 527s, including both federal election laws administered by ...
Nonprofits, Politics, And Privacy, 2016 Notre Dame Law School
Nonprofits, Politics, And Privacy, Lloyd Hitoshi Mayer
Lloyd Hitoshi Mayer
No abstract provided.
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, 2016 Notre Dame Law School
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer
Lloyd Hitoshi Mayer
More than fifty years ago, Congress enacted a prohibition against political campaign intervention for all charities, including churches and other houses of worship, as a condition for receiving tax deductible contributions. Yet the IRS has never taken a house of worship to court for alleged violation of the prohibition through political comments from the pulpit, presumably at least in part because of concerns about the constitutionality of doing so. This decision is surprising, because a careful review of Free Exercise Clause case law - both before and after the landmark Employment Division v. Smith decision - reveals that the prohibition almost certainly ...
Grasping Smoke: Enforcing The Ban On Political Activity By Charities, 2016 Notre Dame Law School
Grasping Smoke: Enforcing The Ban On Political Activity By Charities, Lloyd Histoshi Mayer
Lloyd Hitoshi Mayer
The rule that charities are not allowed to intervene in political campaigns has now been in place for over fifty years. Despite uncertainty about the exact reasons for Congress' enactment of it, skepticism by some about its validity for both constitutional and public policy reasons, and continued confusion about its exact parameters, this rule has survived virtually unchanged for all of those years. Yet while overall noncompliance with the income tax laws has drawn significant scholarly attention, few scholars have focused on violations of this prohibition and the IRS' attempts to enforce it.
This Article focuses on the elusive issue ...