Open Access. Powered by Scholars. Published by Universities.®

Law and Politics Commons

Open Access. Powered by Scholars. Published by Universities.®

4463 Full-Text Articles 3258 Authors 1827072 Downloads 184 Institutions

All Articles in Law and Politics

Faceted Search

4463 full-text articles. Page 1 of 123.

The Affordable Care Act And The Chronic Challenge Of Cost Control, Isaac D. Buck 2018 University of St. Thomas, Minnesota

The Affordable Care Act And The Chronic Challenge Of Cost Control, Isaac D. Buck

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Tax Constitutional Questions In Obamacare Continued: Nfib V. Sebelius In Light Of Citizens United V. Fec, Speiser V. Randall, Windsor V. United States, Lawrence V. Texas, Et Al., John R. Dorocak 2018 University of St. Thomas, Minnesota

Tax Constitutional Questions In Obamacare Continued: Nfib V. Sebelius In Light Of Citizens United V. Fec, Speiser V. Randall, Windsor V. United States, Lawrence V. Texas, Et Al., John R. Dorocak

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Saving Construction At 5 Years, Josh Blackman 2018 University of St. Thomas, Minnesota

The Saving Construction At 5 Years, Josh Blackman

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Changing The First Lady’S Mystique: Defining The First Lady’S Legal Role And Upending Gender Norms, Ashlee A. Paxton-Turner 2018 University of Massachusetts School of Law

Changing The First Lady’S Mystique: Defining The First Lady’S Legal Role And Upending Gender Norms, Ashlee A. Paxton-Turner

University of Massachusetts Law Review

This Article explores the lack of formal guidelines governing the First Lady by first considering the history of the role and how the three branches of government have typically dealt with the role. Attention is also given to the possible intersection with the anti-nepotism statute when and if the First Lady acts as an advisor to the President. This Article then goes on to suggest that this lack of formality has allowed gender norms to govern the role. In an era where women’s rights have resurfaced as a central theme in political discourse, this Article concludes by suggesting some ...


Grasping For Energy Democracy, Shelley Welton 2018 University of South Carolina School of Law

Grasping For Energy Democracy, Shelley Welton

Michigan Law Review

Until recently, energy law has attracted relatively little citizen participation. Instead, Americans have preferred to leave matters of energy governance to expert bureaucrats. But the imperative to respond to climate change presents energy regulators with difficult choices over what our future energy sources should be, and how quickly we should transition to them—choices that are outside traditional regulatory expertise. For example, there are currently robust nationwide debates over what role new nuclear power plants and hydraulically fractured natural gas should play in our energy mix, and over how to maintain affordable energy for all while rewarding those who choose ...


The Right Tax At The Right Time, Edward D. Kleinbard 2018 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 ...


Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith 2018 Concordia University School of Law

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Latonia Haney Keith

Civil justice issues in the United States bring with them no guarantee of legal counsel, yet the civil legal system is still designed to require an attorney in almost all situations. Given the ever-growing costs of legal representation, how then are the legal needs of the poor met? The author calls this phenomenon the “justice gap” and addresses the issue of an access to justice gap and proposes a potential solution.

This article examines the existence of the “justice gap,” wherein the poor face substantial barriers that hinder them from receiving the same legal protections as wealthier Americans. It goes ...


The Case For Complicity-Based Religious Accommodations, 2018 University of Tennessee, Knoxville

The Case For Complicity-Based Religious Accommodations

Tennessee Journal of Law and Policy

No abstract provided.


Judicial Hot Potato: An Analysis Of Bifurcated Courts Of Last Resort In Texas And Oklahoma, 2018 University of Tennessee, Knoxville

Judicial Hot Potato: An Analysis Of Bifurcated Courts Of Last Resort In Texas And Oklahoma

Tennessee Journal of Law and Policy

No abstract provided.


A Tribute To Professor Penny White, 2018 University of Tennessee, Knoxville

A Tribute To Professor Penny White

Tennessee Journal of Law and Policy

No abstract provided.


Volume 12, Issue 2 (Winter 2018), 2018 University of Tennessee, Knoxville

Volume 12, Issue 2 (Winter 2018)

Tennessee Journal of Law and Policy

No abstract provided.


Utm, Atm, Stm… Slices Of The Sky?, Ruth E. Stilwell 2018 Norwich University

Utm, Atm, Stm… Slices Of The Sky?, Ruth E. Stilwell

Space Traffic Management Conference

UTM, ATM, STM… slices of the sky?

This paper will examine the functional differences between Unmanned Aircraft Traffic Management Systems, Air Traffic Management Systems, and Space Traffic Management. Understanding both the similarities between the systems and the different functional requirements of each concept is critical in the discussion and development of STM. While there are many commonalities in each area, it is important to understand how the different environments affect the ability to develop policies, procedure and technologies to manage the vehicles operating in the distinct environment. Both technical and legal frameworks will be discussed.

Building a conceptual framework for ...


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration and Refugee Clinical Program 2018 Texas A&M University School of Law

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for ...


Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr. 2018 Georgia State University College of Law

Sb 160 - "Blue Lives Matter" Protection Of Public Safety Officers, Caitlin V. Fox, Joseph A. Wallace Jr.

Georgia State University Law Review

The Act redefines and broadens protection for public safety officers who are subjected to violent attacks while engaged in their duties. The Act creates original jurisdiction and stiffens penalties for juvenile offenders charged with violent crimes. The Act also increases indemnification payments made to the surviving spouse of a law enforcement officer who loses his or her life in the line of duty.


Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler 2018 Northwestern Pritzker School of Law

Soda Taxes As A Legal And Social Movement, David A. Dana, Janice Nadler

Northwestern Journal of Law & Social Policy

No abstract provided.


Decriminalization Of Prostitution: The Soros Effect, Jody Raphael 2018 University of Rhode Island

Decriminalization Of Prostitution: The Soros Effect, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full ...


Justice In The Prc: How The Chinese Communist Party Has Struggled With Managing Public Opinion And The Administration Of Criminal Justice In The Internet Age, Ira Belkin 2018 New York University School of Law

Justice In The Prc: How The Chinese Communist Party Has Struggled With Managing Public Opinion And The Administration Of Criminal Justice In The Internet Age, Ira Belkin

New York University Public Law and Legal Theory Working Papers

The influence of Chinese public opinion on individual criminal case decisions is a phenomenon that has received a great deal of attention in China and around the world. Some commentators have lauded the phenomenon as empowering the public to seek justice in Chinese courts. Others have expressed concern that following public opinion may achieve justice in an individual case but does little to improve the justice system. Even worse, some fear that appeasement of public opinion in the name of maintaining social stability is leading to a kind of mob justice where life and death is determined by the emotion ...


What Is Puerto Rico?, Sam Issacharoff, Alexandra Bursak, Russel Rennie, Alec Webley 2018 NYU Law School

What Is Puerto Rico?, Sam Issacharoff, Alexandra Bursak, Russel Rennie, Alec Webley

New York University Public Law and Legal Theory Working Papers

Puerto Rico is suffering through multiple crises. Two are obvious: a financial crisis triggered by the island’s public debts and the humanitarian crisis brought on by Hurricane Maria. One is not: the island’s ongoing crisis of constitutional identity. Like the hurricane, this crisis came from outside the island. Congress, the U.S. Supreme Court, and the Executive Branch have each moved in the last twenty years to undermine the “creative statesmanship” that allowed for Puerto Rico’s self-government with minimal interference from a Federal Government in which the people of Puerto Rico had, and have, no representation. From ...


Justice In The Prc: How The Chinese Communist Party Has Struggled With Managing Public Opinion And The Administration Of Criminal Justice In The Internet Age, Ira Belkin 2018 New York University School of Law

Justice In The Prc: How The Chinese Communist Party Has Struggled With Managing Public Opinion And The Administration Of Criminal Justice In The Internet Age, Ira Belkin

New York University Public Law and Legal Theory Working Papers

The influence of Chinese public opinion on individual criminal case decisions is a phenomenon that has received a great deal of attention in China and around the world. Some commentators have lauded the phenomenon as empowering the public to seek justice in Chinese courts. Others have expressed concern that following public opinion may achieve justice in an individual case but does little to improve the justice system. Even worse, some fear that appeasement of public opinion in the name of maintaining social stability is leading to a kind of mob justice where life and death is determined by the emotion ...


Progressive Antitrust, Herbert J. Hovenkamp 2018 University of Pennsylvania Law School

Progressive Antitrust, Herbert J. Hovenkamp

Faculty Scholarship

Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a ...


Digital Commons powered by bepress