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Tax Relief In The American Recovery And Reinvestment Act Of 2009, Steven Gassert 2010 American University Washington College of Law

Tax Relief In The American Recovery And Reinvestment Act Of 2009, Steven Gassert

Legislation and Policy Brief

On February 17, 2009, less than thirty days after his inauguration, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA). This new law was one of many measures from the new administration designed to quickly stimulate the ailing American economy. The $789 billion package was divided between direct government spending, tax reductions and financial relief to states and individuals. The bill contains $285.6 billion in tax reductions, which is about 36.3% of the legislation. In this article, I will analyze some of the tax provisions that were written into ARRA, and attempt to ...


Breathing New Life Into Old Technological Infrastructure: Broadband Internet As A Means Of Jump-Starting The Economy And Connecting The Country, Elizabeth Chernow 2010 American University Washington College of Law

Breathing New Life Into Old Technological Infrastructure: Broadband Internet As A Means Of Jump-Starting The Economy And Connecting The Country, Elizabeth Chernow

Legislation and Policy Brief

This paper examines the current structure of universal service and the FCC’s Universal Service Fund, recent pushes to expand the definition of and funding for universal service to include broadband access, and how broadband internet can contribute to saving the ailing economy. This paper concludes by calling for the inclusion of broadband internet in the Universal Service Fund.


Public Financing, George Bush, And Barack Obama: Why The Publicly Funded Campaign Does Not Work, And What We Can Do To Fix It, Jordan Acker 2010 American University Washington College of Law

Public Financing, George Bush, And Barack Obama: Why The Publicly Funded Campaign Does Not Work, And What We Can Do To Fix It, Jordan Acker

Legislation and Policy Brief

Today, there are very different public financing rules for both the general and primary election. In the primary, if a candidate meets the requirements for public funding, the federal government will match up to $250 of an individual’s total contributions to an eligible candidate. In order for this to occur, candidates must adopt strict finance limits. In the general election, if an eligible candidate accepts public funding, he or she must cease fundraising after the conclusion of the primaries, and spend the public funding that the Federal Election Commission (FEC) grants them. This money covers all campaign expenditures, except ...


Public Financing's Last Breaths, Kellen Clemons 2010 American University Washington College of Law

Public Financing's Last Breaths, Kellen Clemons

Legislation and Policy Brief

After this peculiar and unique election cycle, the public financing laws will have to be redeveloped in order to have any bearing on future elections. Without some change to the rules, candidates will continue to opt out and use the Internet and grassroots initiatives to out-raise one another, to the possible disadvantage of the goals of the public finance system. In essence, this election cycle has seen politics destroy the current public financing system. Through the advisory opinions of the Federal Election Commission and the decisions of the major candidates to opt out of public financing, the role of the ...


The Model Rules Of Professional Conduct And Political Campaign Activities, Lauren Gilius 2010 American University Washington College of Law

The Model Rules Of Professional Conduct And Political Campaign Activities, Lauren Gilius

Legislation and Policy Brief

This article will examine whether the American Bar Association’s (“ABA”) Model Rules of Professional Conduct (“Model Rules”) should apply to lawyers in situations where a lawyer-candidate or a lawyer involved in a disingenuous political campaign activity, particularly when the lawyer was not convicted on criminal charges. Though the American Bar Association said that the Model Rules apply to dishonesty, fraud, deceit or misrepresentation by lawyers, even when acting in a non-professional capacity, the support for applying the Rules in this context is lacking.

This article will first briefly discuss the development of applying the Model Rules to the non-professional ...


Help America Vote Act Enforcement, Tiana Butcher 2010 American University Washington College of Law

Help America Vote Act Enforcement, Tiana Butcher

Legislation and Policy Brief

Although the Help America Vote Act of 2002 (HAVA) features extensive mandates, its enforcement provisions of are weaker than those found in previous federal election reform laws, including the Voting Rights Act and the National Voter Registration Act. Activists argue this limited enforcement power is a failing of the Act. Congress may have chosen to adopt weak enforcement mechanisms due to political posturing, lack of funding, faulty technology, or lobbying by the states. Regardless of the reason behind this choice, stronger enforcement mechanisms in HAVA would, paradoxically, fail to encourage election reform or deter election reform altogether.


Unlimited War And Social Change: Unpacking The Cold War's Impact, Mary L. Dudziak 2010 University of Southern California Law School

Unlimited War And Social Change: Unpacking The Cold War's Impact, Mary L. Dudziak

University of Southern California Legal Studies Working Paper Series

This paper is a draft chapter of a short book critically examining the way assumptions about the temporality of war inform American legal and political thought. In earlier work, I show that a set of ideas about time are a feature of the way we think about war. Historical progression is thought to consist in movement from one kind of time to another (from wartime to peacetime, to wartime, etc.). Wartime is thought of as an exception to normal life, inevitably followed by peacetime. Scholars who study the impact of war on American law and politics tend to work within ...


Italian National Reports To 18th World Congress On Comparative Law, Pier Giuseppe Monateri (ed.) 2010 University of Turin

Italian National Reports To 18th World Congress On Comparative Law, Pier Giuseppe Monateri (Ed.)

Pier Giuseppe Monateri

Edition of the Set of Italian National Reports on Behalf of the Italian Association of Comparative Law


Citizens United And The Threat To The Regulatory State, Tamara R. Piety 2010 University of Tulsa College of Law

Citizens United And The Threat To The Regulatory State, Tamara R. Piety

Michigan Law Review First Impressions

Although Citizens United has been roundly criticized for its potential effect on elections and its display of judicial immodesty (or "activism"), the effect of the case which may be both most profound and perhaps most pernicious is its effect on the commercial speech doctrine. This is an aspect of the case which has been largely overlooked. Most people seem to be unaware of any connection between election law and the commercial speech doctrine-except, that is, those who have been working long and hard to accomplish the change it foreshadows. They are keenly aware of its implications.


Judged By The Company You Keep: An Empirical Study Of The Ideologies Of Judges On The United States Courts Of Appeals, Corey Rayburn Yung 2010 John Marshall Law School

Judged By The Company You Keep: An Empirical Study Of The Ideologies Of Judges On The United States Courts Of Appeals, Corey Rayburn Yung

Boston College Law Review

Although there has been an explosion of empirical legal scholarship about the federal judiciary, with a particular focus on judicial ideology, the question remains: how do we know what the ideology of a judge actually is? For federal courts below the U.S. Supreme Court, legal academics and political scientists have offered only crude proxies to identify the ideologies of judges. This Article attempts to cure this deficiency in empirical research about the federal courts by introducing a new technique for measuring the ideology of judges based upon judicial behavior in the U.S. courts of appeals. This study measures ...


Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow 2010 Marquette University Law School

Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow

Michigan Journal of Race and Law

Political marginalization of minorities and government corruption are two key factors that have led to the overwhelming decline and decay of America's major cities. Local governments must combat the historical entrenchment of these two evils in order to reverse the trend toward demise. Neighborhood councils may be the best structural changes to local government because they provide more meaningful opportunities for political engagement of minority groups, while also serving as an antidote to systemic corruption in local government. This Essay analyzes the problems plaguing local government in urban cities and explores how neighborhood councils may be able to help ...


Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries 2010 Seattle University School of Law

Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries

Seattle University Law Review

What do the Great Depression, the Great Recession, and the demise of Lehman Brothers and Bear Sterns all have in common? One word: leverage. The misuse of leverage, in all its forms, contributed greatly to all of these events. Yet even today, common investors can purchase a leveraged exchange-traded fund (leveraged ETF), a complex product that uses leverage to increase returns, without triggering applicable laws designed to regulate the use of leverage. This Comment articulates the basics surrounding the functions and operations of leveraged ETFs and margin rules in order to assess the compatibility of the two. The Comment argues ...


Lost In Transition, DOUGLAS J. HENDERSON 2010 Selected Works

Lost In Transition, Douglas J. Henderson

DOUGLAS J HENDERSON

Jail costs and incarceration rates have reached their highest levels in decades. Something must be done about this situation. There are many individuals that are incarcerated needlessly. Additionally, there are many great opportunities to affect individual's lives when they do come into contact with the criminal justice system. These opportunities are not being taken advantage of. Moreover, one of the key components to successful correction and rehabilitation is not being implemented in Hamilton County, Ohio - namely a hands on transition program. There are other areas that I have encountered in my hands-on research and feet on the street work ...


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.


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 ...


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.


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.


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 ...


Quinto Congreso Nacional De Organismos Públicos Autónomos, Bruno Costantini García 2010 ITESM Campus Puebla

Quinto Congreso Nacional De Organismos Públicos Autónomos, Bruno Costantini García

Bruno L. Costantini García

Quinto Congreso Nacional de Organismos Públicos Autónomos

"Autonomía e Información Pública"


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.


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