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Standing In Barack Obama's Shoes: Evaluating The President's Jurisprudence Of Empathy In Light Of James Wilson's Jurisprudence Of “Common Sense”, John Rollert 2010 Yale Law School

Standing In Barack Obama's Shoes: Evaluating The President's Jurisprudence Of Empathy In Light Of James Wilson's Jurisprudence Of “Common Sense”, John Rollert

Student Scholarship Papers

This article explains what President Barack Obama meant when he called empathy an “essential ingredient” in judicial decision making and, thus, the outstanding quality he would look for in his Supreme Court nominees. It also provides a comparative study between Obama’s jurisprudence of empathy and Justice James Wilson’s jurisprudence of common sense in order to illustrate the dangers of deciding difficult Supreme Court cases with recourse to unconventional, extra-legal tools.


Review Essay: International Territorial Administration And The Limits Of Law, Simon Chesterman 2010 New York University School of Law

Review Essay: International Territorial Administration And The Limits Of Law, Simon Chesterman

New York University Public Law and Legal Theory Working Papers

Review of (i) Eric De Brabandere, Post-Conflict Administrations in International Law: International Territorial Administration, Transitional Authority and Foreign Occupation in Theory and Practice; (ii) Carsten Stahn, The Law and Practice of International Territorial Administration: Versailles to Iraq and Beyond; (iii) Ralph Wilde, International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away.


Secrecy And Democracy: Who Controls Information In The National Security State?, Stephen J. Schulhofer 2010 New York University

Secrecy And Democracy: Who Controls Information In The National Security State?, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

In national security matters, we give executive officials largely unchecked power to conceal from the public and even from Congress whatever information they choose to consider sensitive. We thus disconnect part of the essential machinery of democracy. Secrecy is nothing new, but in an era of transnational terrorism and expanded conceptions of what “national security” means, secrecy’s potential for eroding checks and balances is growing, even under a President ostensibly committed to greater openness in government. Democratic values and sound national security policy both suffer as a result.

This Article argues that information access is central to legitimate governance ...


Why The Center Does Not Hold: The Causes Of Hyperpolarized Democracy In America, Richard Pildes 2010 NYU School of Law

Why The Center Does Not Hold: The Causes Of Hyperpolarized Democracy In America, Richard Pildes

New York University Public Law and Legal Theory Working Papers

Politics as partisan warfare: that is our world. Over the last generation, American democracy has had one defining attribute: extreme partisan polarization. We have not seen the intensity of political conflict and the radical separation between the two major political parties that characterizes our age since the late 19th century. Within Congress, the parties have become purer and purer distillations of themselves. The parties are now more internally unified, and more sharply differentiated from each other, than anytime over the last 100 years. Moreover, this polarization is not limited to those in office. Over the last generation, there has been ...


The Unknown Justice Thomas: An Introduction To The Symposium, Richard Pildes 2010 NYU School of Law

The Unknown Justice Thomas: An Introduction To The Symposium, Richard Pildes

New York University Public Law and Legal Theory Working Papers

This is an introduction to the first law review symposium to focus on the opinions of Justice Clarence Thomas.


Conviction And Punishment: Free Press And Competitive Election As Deterrents To Corruption, Xiaowen Tian, Vai Lo 2010 Bond University

Conviction And Punishment: Free Press And Competitive Election As Deterrents To Corruption, Xiaowen Tian, Vai Lo

Xiaowen Tian

Democratic institutions are not equally effective in curbing corruption. Using a criminal behavior model, this study formulates the hypothesis that corruption offenders, being risk-inclined, are deterred more by conviction-reinforcing democratic institutions than by punishment-reinforcing democratic institutions. Evidence based on cross-country regressions strongly supports this hypothesis, indicating that compared with competitive election, free press is a more effective deterrent to corruption. While shedding light on why corruption remains rampant in some electoral democracies - particularly the illiberal democracies - this study identifies a key to corruption control.


Interview With Harry Reid By Brien Williams, Harry M. Reid 2010 Bowdoin College

Interview With Harry Reid By Brien Williams, Harry M. Reid

George J. Mitchell Oral History Project

Biographical Note
Harry Mason Reid was born on December 2, 1939, in Searchlight, Nevada. He attended Utah State University and George Washington University Law School. He is a Democratic U.S. Senator from Nevada, first elected in 1986, and, at the time of this interview, had served as Senate majority leader since 2007. Previously, he represented Nevada’s 1st Congressional District in the U.S. House of Representatives, was a city attorney, a state legislator, Nevada’s lieutenant governor, and chairman of the Nevada Gaming Commission.

Summary
Interview includes discussion of: majority leader; the Budget Committee vote and Bob Kerrey ...


Throttling Miranda: Right Wing Ideologues Support The Government Against The Individual, Donald E. Wilkes Jr. 2010 University of Georgia School of Law

Throttling Miranda: Right Wing Ideologues Support The Government Against The Individual, Donald E. Wilkes Jr.

Popular Media

The 1966 Miranda v. Arizona decision is arguably the most important and undeniably the most famous of all U.S. Supreme Court criminal procedure decisions. The noble purpose of this legal landmark is to prevent Americans taken into custody by police on criminal charges from being subjected to improper interrogation practices calculated to compel citizens to incriminate themselves.

Few people realize that since the early 1970s the Supreme Court has been stealthily choking the life out of Miranda. The latest example of this process of slow strangulation occurred a few weeks ago, on June 1, when the Court in Berghuis ...


Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein 2010 Visiting Assistant Professor, Cornell Law School

Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein

Cornell Law Faculty Publications

One of the most common critiques directed at deconstructive and poststructuralist theories is that they are amoral – rejecting the validity of the very idea of norms and moral principles as grounds for justifying or criticizing political action and social structures – and that in rejecting the validity of the distinction between what is just and what is unjust, they “collaborate with evil.” By now, an almost canonical example of this common critique is found in Martha Nussbaum’s highly critical essay on the work of Judith Butler, titled The Professor of Parody.3 Here, I focus on Nussbaum’s critique and ...


From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos 2010 University of Cambridge

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent -during or ...


The Case For Repeal Of India's Sodomy Law, Yuvraj Joshi 2010 University College London

The Case For Repeal Of India's Sodomy Law, Yuvraj Joshi

Yuvraj Joshi

This Article surveys some of the arguments for and against the repeal of India’s sodomy law. The first part analyses s.377 of the Indian Penal Code and considers its consequences for India's gay, lesbian, bisexual, transsexual, hijra and kothi persons. The second part provides an overview of the various theoretical and political positions taken in the sodomy law debate. The third part examines the rights-based arguments that have been made in support of repealing or reading down s.377, and the feminist and queer critiques of these arguments. The fourth part considers the arguments against the repeal ...


Free And Fair Elections, Violence And Conflict, Muna Ndulo, Sara Lulo 2010 Cornell Law School

Free And Fair Elections, Violence And Conflict, Muna Ndulo, Sara Lulo

Cornell Law Faculty Publications

Elections are a defining characteristic of democracy, and thus form an integral part of the democratization process. Over the past decade, electoral systems and processes have become a centerpiece of UN peacekeeping missions and post-conflict democratization projects undertaken by intergovernmental organizations and donor agencies such as World Bank and USAID. The emphasis on elections as an element of UN peacekeeping missions is linked to a shift in focus to state rebuilding (or state creation, as was the case in East Timor). Elections thus provide a means for “jump-starting a new, post-conflict political order; for stimulating the development of democratic politics ...


Seeing The State: Transparency As Metaphor, Mark Fenster 2010 University of Florida Levin College of Law

Seeing The State: Transparency As Metaphor, Mark Fenster

UF Law Faculty Publications

When applied as a public administrative norm, the term and concept “transparency” has two intertwined meanings. First, it refers to those constitutional and legislative tools that require the government to disclose information in order to inform the public and create a more accountable, responsive state. Second, it operates as a metaphor that identifies and decries the distance between the public and the state, and that drives and shapes the desire for a more perfect democratic order. Viewed together, these two meanings both demand efforts to impose legal obligations on the state to be “open” and suggest that such efforts are ...


Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García 2010 ITESM Campus Puebla

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.


The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz, Douglas M. Weck 2010 University of Pennsylvania

The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz, Douglas M. Weck

Faculty Scholarship

The Model Penal Code made great advances in clarity and legality, moving most of the states from a mix of common law and ad hoc statutes to the modern American form of a comprehensive, succinct code that has served as a model around the world. Yet the decades since the wave of Model Code-based codifications have seen a steady degradation of American codes brought on by a relentless and accelerating rate of criminal law amendments that ignore the style, format, and content of the existing codes. The most damaging aspect of this trend is the exponentially increasing number of offense ...


The Political Dynamics Of Mandatory State Constitutional Convention Referendums: Lessons From The 2000s Regarding Obstacles And Pathways To Their Passage, John J. Dinan 2010 Wake Forest University

The Political Dynamics Of Mandatory State Constitutional Convention Referendums: Lessons From The 2000s Regarding Obstacles And Pathways To Their Passage, John J. Dinan

Montana Law Review

State Constitutional Convention Referendums


Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson 2010 Indiana University Maurer School of Law

Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson

Indiana Journal of Global Legal Studies

Rule of law and democratic reform projects often concern lofty questions of constitutional law. But in many countries desperate for reform, deeply entrenched social and political problems present preconditions to any discussion of constitutional reforms aimed at democracy and the rule of law. Zimbabwe is one such nation, which like many others faces the problem of military intervention into domestic politics. This Note examines structural and historical aspects of Zimbabwe's military problem and utilizes the theory of objective civilian control to demonstrate the plausibility of meaningful reforms. In so doing, this Note provides a demonstrative model for reforming civilmilitary ...


Interview With Bud Selig By Andrea L’Hommedieu, Allan 'Bud' H. Selig 2010 Bowdoin College

Interview With Bud Selig By Andrea L’Hommedieu, Allan 'Bud' H. Selig

George J. Mitchell Oral History Project

Biographical Note
Allan Huber “Bud” Selig was born on July 30, 1934, in Milwaukee, Wisconsin. His father, Ben, was a businessman and his mother, Marie, taught school; they were both immigrants from Romania and the Ukraine, respectively. His mother instilled in him a love of baseball at a young age. He attended the University of Wisconsin and became president of the Milwaukee Brewers baseball team as a young man. At the time of this interview he was the ninth commissioner of Major League Baseball, having served in that capacity since 1992.

Summary
Interview includes discussion of: family and educational background ...


Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos 2010 University of Cambridge

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a ...


Interview With Gary Myrick By Brien Williams, Gary B. Myrick 2010 Bowdoin College

Interview With Gary Myrick By Brien Williams, Gary B. Myrick

George J. Mitchell Oral History Project

Biographical Note
Gary Blendon Myrick was born on July 20, 1967, in Dover-Foxcroft, Maine, to Carol and Warren Myrick. He attended the University of Maine and worked as a page in the Maine legislature during his final year of undergraduate studies. He worked as an intern in Senator Mitchell’s U.S. Senate office, answering mail and telephones, and in 1990 he was hired as a staff assistant in the personal office, moved to answering phones in Mitchell’s leadership office, and then took a position in the Senate Cloakroom. He earned his law degree from American University. From 1995-2003 ...


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