Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, 2017 University of Dundee
Constitutions And Bills Of Rights: Invigorating Or Placating Democracy?, Brian Christopher Jones
Brian Christopher Jones
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, 2017 Notre Dame Law School
The Senate Blue-Slip Process As It Bears On Proposals To Split The Ninth Circuit, Wyatt Kozinski
Journal of Legislation
No abstract provided.
Gerrymandering And The Constitutional Norm Against Government Partisanship, 2017 Emory University School of Law
Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang
Michigan Law Review
This Article challenges the basic premise in the law of gerrymandering that partisanship is a constitutional government purpose at all. The central problem, Justice Scalia once explained in Vieth v. Jubilerer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated confidently as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against government ...
Did Russian Cyber Interference In The 2016 Election Violate International Law?, 2017 Cornell Law School
Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin
Jens David Ohlin
When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear ...
Progressive Antitrust, 2017 University of Pennsylvania Law School
Progressive Antitrust, Herbert J. Hovenkamp
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 ...
Agency, Equality And Courage: A Case Study Of Women On The Front Lines Of Egypt’S 2011 Revolution, 2017 University of Connecticut
Agency, Equality And Courage: A Case Study Of Women On The Front Lines Of Egypt’S 2011 Revolution, Carol Gray
The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy
How were women involved in Egypt’s 2011 revolution/uprising? What role did they play vis-à-vis male activists? To what degree were Egyptian women “equal” during those 18 days in Tahrir Square? These questions will be explored within the context of interviews conducted by this writer in Cairo during and following Egypt’s 18-day revolution (uprising). This essay will explore the public/private sphere split, political consciousness-raising, and gender equality within the context of the stories of Egyptian women on the front lines of protest.
Much of the recent literature on women's protests in Egypt has focused on women ...
Cláusula Del Debate Y Del Discurso Parlamentario.®, 2017 Selected Works
Cláusula Del Debate Y Del Discurso Parlamentario.®, Daniel Fernando Gómez Tamayo
Daniel Fernando Gómez Tamayo. PhD
Factors Affecting Domestic Refugee Policy Development: An Analysis Of South Korea’S Case, 2017 Indiana University - Bloomington
Factors Affecting Domestic Refugee Policy Development: An Analysis Of South Korea’S Case, Yun Ju Kang
The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy
Asia is no exception to the global refugee crisis. The number of asylum-seekers in Asian countries has escalated very quickly in recent years. In the United States, President Trump's recent executive orders suspended refugee admissions, and hostile immigration policy sparked the controversy about refugees.
The rising number of refugees and migrants from the Middle East, Africa, and South Asia created political conflicts inside the European countries. The refugee issue has emerged as a global problem.
How is the world dealing with these refugee situations? What are the common barriers in designing humanistic refugee policy, and what is the best ...
The Progressives: Racism And Public Law, 2017 University of Pennsylvania Law School
The Progressives: Racism And Public Law, Herbert J. Hovenkamp
American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?
When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...
Protecting The Viability Of The Small Donor In Modern Elections, 2017 Fried Frank, Harris, Shriver & Jacobson LLP
Protecting The Viability Of The Small Donor In Modern Elections, Ben Miller
Arkansas Law Review
Campaign finance reform stands as one of the most important issues in today’s modern elections. From national to municipal contests, the influx of large donations places wealthy individuals—and interests—at odds with the average voter. Over the years, volumes of academic and legislative reforms have been proposed that encompass a wide range of electoral subject matter. From Citizens United to Federal Elections Commission (FEC) control mechanisms, solutions on how to change our campaign finance regulatory regime cover a large and diverse area of law and policy. However, the central theme throughout these reforms is maximizing transparency and curbing ...
Environmental Law Outside The Canon, 2017 Villanova University School of Law
Environmental Law Outside The Canon, Todd S. Aagaard
Todd S Aagaard
It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate ...
Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, 2017 University of Maine School of Law
Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson
Maine Law Review
Following the harrowing events of September 11, 2001, and pursuant to the Authorization for Use of Military Force (AUMF) passed soon thereafter by Congress, the United States Armed Forces began capturing and detaining individuals at the Naval Air Base in Guantanamo Bay, Cuba. The choice of where to house these detainees was not random. Internal memoranda from the Justice Department reveal that the Naval Base was selected as a means of avoiding any legal entanglements that might ensue from such imprisonment. What resulted was what some commentators have called a “legal black hole” at Guantanamo, a place where any individual ...
A Constitutional Critique On The Criminalization Of Panhandling In Washington State, 2017 Seattle University School of Law
A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena
Seattle University Law Review
Individuals who have lost everything—their homes, jobs, and dignity—are often forced to live on the street. Those with no reasonable alternative can find themselves relying on the generosity of others just to survive. In response, citizens petition, legislatures enact, and officers enforce laws that criminalize signs of visible poverty. Municipalities have made considerable attempts to remove visible poverty from their cities by drafting legislation that disproportionately punishes people experiencing homelessness. This Note focuses on a particular subset of such legislation, laws that criminalize panhandling. Section I of this Note provides an overview of the First Amendment and the ...
The Political Economy Of Decarbonization: A Research Agenda, 2017 Selected Works
The Political Economy Of Decarbonization: A Research Agenda, Eric Biber, Nina Kelsey, Jonas Meckling
Addressing climate change entails daunting policy challenges for nations seeking to decarbonize their energy systems. Current policies are inadequate to achieve the necessary reductions in greenhouse gas emissions in major part because of political resistance to more aggressive policies. Academic policy research to date has primarily focused on what policies are economically optimal, or on what is politically feasible in the short-term. But given the long-term nature of the problem and the scale of the policy challenges, an essential question is how to improve the political landscape for aggressive climate policies over time. In this paper we outline a research ...
A Critical Discourse Analysis Of The Intellectual Property Chapter Of The Tpp: Confirming What The Critics Fear, Karyn Hollis
A host of organizations and citizens groups have convincingly pointed out that so called “Free Trade Agreements” have done more harm than good to the U.S. and other countries involved. Thanks to their protests, for the moment, the most ambitious multinational, neoliberal project of our young century, the Trans-Pacific Partnership (TPP), has been defeated. If the agreement had been adopted, the TPP would have shaped new rules of trade for over 8 million people, spanning 40% of the global economy. Using Critical Discourse Analysis (CDA), my study shows how the complex language of the actual treaty compared to its ...
Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, 2017 University of Maine School of Law
Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey
Maine Law Review
I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult ...
Frank Morey Coffin's Political Years: Prelude To A Judgeship, 2017 University of Maine School of Law
Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll
Maine Law Review
Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his ...
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, 2017 Texas A&M University School of Law
Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli
If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news ...
Transforming News: How Mediation Principles Can Depolarize Public Talk, 2017 Selected Works
Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli
News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the ...
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, 2017 Roger Williams University School of Law
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Life of the Law School (1993- )
No abstract provided.