Politics Commons^™

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"

The Behavior Of The French Army During The Dreyfus Affair, General André Bach

Touro Law Review

Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.

Bringing Women In: Global Strategies For Gender Parity In Political Representation, Yvonne Galligan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Political Ideology As A Religion: The Idolatry Of Democracy, Maxwell O. Chibundu

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Teaching, Lucia A. Silecchia

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Democracy, Courts And The Information Order, Gillian K. Hadfield, Dan Ryan

University of Southern California Law and Economics Working Paper Series

Conventional wisdom about civil litigation, both among scholars and political actors, holds that abuse of the legal process is common, that there is too much litigation, that it is “all about the money,” and that “a bad settlement is better than a good trial.” This constellation of attitudes that emphasize the economic function of law suggests that courts are an expensive conflict resolution mechanism of last resort and that their use would be minimized in a healthy market-based democracy. In this paper we apply a new sociological framework to understand the meaning and function of civil litigation in a democratic ...

Charities In Politics: A Reappraisal, Brian Galle

William and Mary Law Review

Federal law significantly limits the political activities of charities, but no one really knows why. In the wake of Citizens United, the absence of any strong normative grounding for the limits may leave the rules vulnerable to constitutional challenge. This Article steps into that breach, offering a set of policy reasons to separate politics from charity. I also sketch ways in which my more precise exposition of the rationale for the limits helps guide interpretation of the complex legal rules implementing them.

Any defense of the political limits begins with significant challenges because of a long tradition of scholarly criticism ...

Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty

Seattle University Law Review

In the wake of the 2012 presidential election, tax and political law lawyers are left with a number of unanswered questions concerning the political activities of tax-exempt organizations. Despite the importance of these questions, there are striking gaps in the authority of federal tax law governing the conduct of political candidate and other partisan-related activities by tax-exempt organizations. Assuming activities in furtherance of partisan interests are activities that support private interests, I consider what this authority may tell us about the permissibility of Section 501(c)(4) organizations engaging in partisan political activities and having as a constitutive purpose a ...

Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast

University of Southern California Law and Economics Working Paper Series

Most social scientists take for granted that law is defined by the presence of a centralized authority capable of exacting coercive penalties for violations of legal rules. Moreover, the existing approach to analyzing law in economics and positive political theory works with a very thin concept of law that does not account for the distinctive attributes of legal order as compared with other forms of social order. Drawing on a model developed elsewhere, we reinterpret key case studies to demonstrate how a theoretically informed approach illuminates questions about emergence, stability, and function of law in supporting economic and democratic growth.

To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions ...

Political Campaigning And The Airways, Harrop Freeman, Stewart Edelstein

Pepperdine Law Review

No abstract provided.

Has Skinner Killed The Katz? Are Society's Expectations Of Privacy Reasonable In Today's Techological World?, Jason Forcier

Jason Forcier

The right to privacy has and will remain a hotly contested debate about American liberties. In 2012, a 3-0 decision by the Sixth Circuit Court of Appeals, in United States v. Melvin Skinner, the court held that there is no “reasonable expectation of privacy in the data given off by. . . cellphone[s].” Given today’s explosion of cellular technology and use of smart phones, is it unreasonable to believe a person should remain secure in their "person" and “effects," as guaranteed under the Fourth Amendment, from unreasonable searches and seizures? Furthermore, with police requiring only a subpoena to a obtain ...

Middle Power Leadership And The Evolution Of The G20, Andrew Cooper, Jongryn Mo

Global Summitry Journal

Global power is becoming more diffuse, smarter, and more asymmetric. In developing this extended argument, we make four points. First, the G20 Seoul Summit in November 2010 showed that the G20 is becoming increasingly embedded as the hub of global economic governance. Second, a strong G20 has positive attributes for global governance. Third, a main driving force for the ascent of the G20 has been and will continue to be middle power leadership. This article, therefore, will concentrate in the following on the role of Canada, Australia and South Korea but, there is some considerable potential for this role to ...

The Cameron Government And Gx Leadership, Hugo Dobson

Global Summitry Journal

Despite the plaudits and high expectations, David Cameron’s role as a leader and innovator in Gx summitry appears overhyped. Upon closer inspection, his contribution to global summitry has lacked originality, vision, and coherence. This article will bring aspects of UK policy into relief by means of a close reading of the report Governance for Growth: Building Consensus for the Future. It will then account for these failings by relating the conclusions of this specific case study to the government’s overall foreign policy. The article focuses on the role of David Cameron and the Conservative Party specifically because, on ...

Dissenting State Patent Regimes, Camilla A. Hrdy

IP Theory

No abstract provided.

Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook

IP Theory

No abstract provided.

Tightrope: Senator Howard H. Baker, Jr. During The Watergate Public Hearings, Christopher A. Borns

University of Tennessee Honors Thesis Projects

No abstract provided.

Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner

Journal of the National Association of Administrative Law Judiciary

No abstract provided.