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The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Executive Authority And Free Speech: An Analysis On The Restraints Of Presidential Power, Leta Lohrmeyer 2020 University of Nebraska at Omaha

Executive Authority And Free Speech: An Analysis On The Restraints Of Presidential Power, Leta Lohrmeyer

Student Research and Creative Activity Fair

This analysis examines the implications of social media platforms in connection to free speech and presidential power. Specifically, this study will be drawing on a precedent legal case, Knight First Amendment Inst. v. Trump (2019) along with other cases that are relevant to this paper. This research is contributing to the literature by exploring the topic of how developing technology is influencing political communication. Results support the idea that the definition of public forum needs to be expanded and updated to include social media. Theoretical consequences for the role of social media in connection to executive authority and First Amendment ...


Brexit: A Harbinger Of Change For The European Union, Benjamin D. Hargrove 2020 University of St. Thomas, Minnesota

Brexit: A Harbinger Of Change For The European Union, Benjamin D. Hargrove

University of St. Thomas Law Journal

No abstract provided.


Taking The "Sum Total" Of The Common Good In Religious Freedom Discourse, Anthony R. Picarello Jr. 2020 University of St. Thomas, Minnesota

Taking The "Sum Total" Of The Common Good In Religious Freedom Discourse, Anthony R. Picarello Jr.

University of St. Thomas Law Journal

No abstract provided.


Caught In A Vicious Cycle: A Weak Labor Movement Emboldens The Ruling Class, Andrew Strom 2020 University of St. Thomas, Minnesota

Caught In A Vicious Cycle: A Weak Labor Movement Emboldens The Ruling Class, Andrew Strom

University of St. Thomas Law Journal

No abstract provided.


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang 2020 University of Pennsylvania Law School

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


An Alternative Constitutional Implementation Mechanism? A Case Study Of Kenya’S Commission For The Implementation Of The Constitution., Siyu Li 2020 Maurer School of Law: Indiana University

An Alternative Constitutional Implementation Mechanism? A Case Study Of Kenya’S Commission For The Implementation Of The Constitution., Siyu Li

Indiana Journal of Constitutional Design

This Paper analyzes the independent implementation commission of Kenya and its work in facilitating the implementation process of the 2010 Kenyan Constitution, and further evaluates the effectiveness of such implementation mechanism. The case study of the Kenyan Constitution implementation shows that an independent implementation commission established by the constitution can have substantially positive impact over the implementation process. To design a successful commission, it is crucial to ensure its institutional independence, legal and enforcement power, and collaboration with civil society.


Social Science And The Analysis Of Environmental Policy, Cary Coglianese, Shana Starobin 2020 University of Pennsylvania Law School

Social Science And The Analysis Of Environmental Policy, Cary Coglianese, Shana Starobin

Faculty Scholarship at Penn Law

As much as environmental problems manifest themselves as problems with the natural environment, environmental problems--and their solutions--are ultimately social and behavioral in nature. Just as the natural sciences provide a basis for understanding the need for environmental policy and informing its design, the social sciences also contribute in significant ways to the understanding of the behavioral sources of environmental problems, both in terms of individual incentives and collective action challenges. In addition, the social sciences have contributed much to the understanding of the ways that laws and other institutions can be designed to solve environmental problems. In this paper, we ...


How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne 2020 University of Pennsylvania Law School

How Criminal Code Drafting Form Can Restrain Prosecutorial And Legislative Excesses: Consolidated Offense Drafting, Paul H. Robinson, Matthew Kussmaul, Muhammad Sarahne

Faculty Scholarship at Penn Law

Solving criminal justice problems typically requires the enactment of new rules or the modification of existing ones. But there are some serious problems that can best be solved simply by altering the way in which the existing rules are drafted rather than by altering their content. This is the case with two of the most serious problems in criminal justice today: the problem of overlapping criminal offenses that create excessive prosecutorial charging discretion and the problem of legislative inconsistency and irrationality in grading offenses.

After examining these two problems and demonstrating their serious effects in perverting criminal justice, the essay ...


The Segregation Of Markets, Christian Turner 2020 University of Georgia School of Law

The Segregation Of Markets, Christian Turner

Texas A&M Law Review

Campaign-finance reformers fear that rich donors’ money can be used disproportionately to influence the content of campaign advertising and thus, perhaps, the results of elections. In European football, UEFA has attempted to ban “financial doping”—rich owners’ use of money earned in sectors other than football to pay large sums for the best football players. Campaign-finance reform efforts and “financial fair play” rules in sport may seem like bespoke solutions to different problems. In fact, they are the same solution to the same problem. Both are attempts to ensure that power accumulated in one market is not brought into another ...


The Looming Crisis In Antitrust Economics, Herbert J. Hovenkamp 2020 University of Pennsylvania Law School

The Looming Crisis In Antitrust Economics, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

As in so many areas of law and politics in the United States, antitrust’s center is at bay. It is besieged by a right wing that wants to limit antitrust even more than it has been limited over the last quarter century. On the left, it faces revisionists who propose significantly greater enforcement.

One thing the two extremes share, however, is denigration of the role of economics in antitrust analysis. On the right, the Supreme Court’s two most recent antitrust decisions at this writing reveal that economic analysis no longer occupies the central role that it once had ...


Filling The Illinois Federal District Court Vacancies, Carl Tobias 2020 Pepperdine University

Filling The Illinois Federal District Court Vacancies, Carl Tobias

Pepperdine Law Review

President Donald Trump repeatedly argues that appellate court appointments constitute his major success. The President and the United States Senate Republican Party majority have established records by approving fifty very conservative, young, and capable appellate court jurists. However, their confirmations have exacted a toll, particularly from the many federal district courts which address seventy-nine unfilled positions in 677 judicial posts. One constructive illustration has been the three Illinois tribunals which confront five pressing openings. The Administrative Office of the United States Courts classifies three as “emergencies,” because the vacant seats have been protracted and involve substantial caseloads. Despite this circumstance ...


Straightwashing The Census, Kyle C. Velte 2020 University of Kansas School of Law

Straightwashing The Census, Kyle C. Velte

Boston College Law Review

This Article examines the “straightwashing” of the census through the “Identity Undercount”—the failure of the state to collect sexual orientation and gender identity (SOGI) population data in government surveys such as the Census. The Identity Undercount, while counting the literal bodies of LGBT people, erases their lived identity. For many in the LGBT population, their lived identity and reality is one of poverty and powerlessness, a reality contrary to the widely accepted narrative that the LGBT population is more affluent and powerful than the rest of the population. Because federal and state governments rely on population data to drive ...


Our Inner Demons: Prosecuting Domestic Terrorism, Michael Molstad 2020 Boston College Law School

Our Inner Demons: Prosecuting Domestic Terrorism, Michael Molstad

Boston College Law Review

The United States does not currently have a uniform framework for how it handles domestic terrorism. Although there is a terrorism section of the criminal code that criminalizes certain actions that are deemed terroristic, these laws are applied disproportionately to those with an Islamic ideology. Political motivations and protectionist interests within the United States tend to prevent similar crimes committed in the name of, for example, right-wing terrorism to be convicted under the terrorism section of the criminal code. In light of the threat posed by domestic terrorism and other trends in the political and cultural ethos, the current state ...


Mercy Otis Warren: Republican Scribe And Defender Of Liberties, Mary Kathryn Mueller 2020 Liberty University

Mercy Otis Warren: Republican Scribe And Defender Of Liberties, Mary Kathryn Mueller

Bound Away: The Liberty Journal of History

An active proponent of republican government, Mercy Otis Warren had a significant role in the revolutionary period. She was a woman who was close to the action, well-acquainted with the central figures, and instrumental in bringing about the monumental changes in America in the late 1700s. Referred to as the “muse of the revolution,”[1] Mercy Otis Warren used her pen to significantly broaden the colonial understanding of a republican form of government and passionately promote it. From a collection of early poems and political satires written in the years preceding the war to her epic history of the revolution ...


Western Reconstruction And Woman Suffrage, Lorianne Updike Toler 2020 William & Mary Law School

Western Reconstruction And Woman Suffrage, Lorianne Updike Toler

William & Mary Bill of Rights Journal

The normal narrative of woman suffrage in the United States begins in Seneca Falls, New York, and steadily marches along through the lives and papers of the most noteworthy national suffragettes—Elizabeth Cady Stanton, Susan B. Anthony, Lucy Stone, and a handful of other women until the hard-fought passage of the Nineteenth Amendment. The six-volume History of Woman Suffrage tomes tells just such a story.

Yet the dominant narrative “overgeneralizes the experiences of the national, largely eastern leadership” and “generally neglect[s] the West, or fail[s] to evaluate its significance within the national movement.” Although the American Woman Suffrage ...


Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe 2020 University of New Hampshire Franklin Pierce Law School

Separation Of Powers, Partisanship And Impeachment: How Can We Overcome The Partisan Propaganda?, John M. Greabe

Law Faculty Scholarship

[excerpt] "Our Constitutional system divides power horizontally, among the three branches of the federal government, and vertically, between the federal government and the states. We refer to the former division as our "separation of powers" and the latter as our "federalism."


Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero 2020 Penn State Law

Servant Leadership And Presidential Immigration Politics: Inspiration From The Foot-Washing Ritual, Victor C. Romero

Washington and Lee Journal of Civil Rights and Social Justice

President Donald Trump’s immigration agenda has been criticized by pundits and scholars alike and has been thwarted by courts concerned about executive overreach. This Article contributes to this chorus of critics by viewing the current immigration regime from a Christian perspective on servant leadership, contrary to the stereotype that Christianity necessarily aligns with any one particular political brand. Jesus Christ’s entreaty that his disciples wash each other’s feet provides a useful lens through which to evaluate whether this Administration’s work effectively advances communitarianism, a value consistent with Christian immigration ethics. An examination of a range of ...


Revenge Porn And The Aclu’S Inconsistent Approach, Elena Lentz 2020 Notes Editor, IJLSE Vol.8; J.D. 2020, Ind. Univ. Maurer School of Law

Revenge Porn And The Aclu’S Inconsistent Approach, Elena Lentz

Indiana Journal of Law and Social Equality

No abstract provided.


Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada JD, PhD 2020 New York University - Washington, D.C.

Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd

Indiana Journal of Law and Social Equality

No abstract provided.


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