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The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Reform, Stephen B. Burbank, Sean Farhang 2015 University of Pennsylvania Law School

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Reform, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of ...


Disaggregating Corpus Christi: Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Or The Importance Of Toleration, Katharine Jackson 2015 Columbia University

Disaggregating Corpus Christi: Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Or The Importance Of Toleration, Katharine Jackson

Katharine Jackson

To date, much of the debate regarding Hobby Lobby boils down to an overly simplistic and dichotomous invective. On one side, progressives proclaim that for-profit businesses merit no rights – religious or otherwise. On the other side, advocates of religious freedom demand that such freedom must extend to any and all people, no matter how they choose to organize themselves. To get to the nut of the debate, though, we have to open the black box of group religious exercise. We must examine, as any proponents of liberal freedoms must, the impact of public policy and law on actual individuals, not ...


The Narrowing Of Federal Power By The American Political Capital, David Fontana 2015 College of William & Mary Law School

The Narrowing Of Federal Power By The American Political Capital, David Fontana

William & Mary Bill of Rights Journal

This Essay--—prepared for a symposium hosted by the William & Mary Bill of Rights Journal on the future of the District of Columbia--—argues that American federal power can be better understood by considering the features of the metropolitan area that houses the most important parts of the American federal government. In other American metropolitan areas and in most capital metropolitan areas elsewhere in the world, local life features multiple and diverse industries. Washington is the metropolitan area that houses the most important parts of the American federal government, and Washington is dominated by the government and related industries. Washington ...


Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley 2015 University of Georgia School of Law

Human Rights Practices In The Arab States: The Modern Impact Of Sharī’A Values, James Dudley

Georgia Journal of International & Comparative Law

No abstract provided.


Mccutcheon V. Fec: Sacrificing Campaign Finance Regulation In The Name Of Free Speech, Haley S. Peterson 2015 University of Maryland Francis King Carey School of Law

Mccutcheon V. Fec: Sacrificing Campaign Finance Regulation In The Name Of Free Speech, Haley S. Peterson

Endnotes

No abstract provided.


The Islamic State Of Iraq And The Levant (Isil): Combatting The Challenge Of Post-Modern Islamic Terrorism, Colin M. Bowie 2015 James Madison University

The Islamic State Of Iraq And The Levant (Isil): Combatting The Challenge Of Post-Modern Islamic Terrorism, Colin M. Bowie

MAD-RUSH Undergraduate Research Conference

Author: Colin Bowie

Academic Major(s): International Affairs and Justice Studies

Institution: James Madison University

Presentation Title: The Islamic State of Iraq and the Levant (ISIL): Combatting the Challenge of Postmodern Islamic Terrorism

Abstract: This 38-page white paper examines the causes behind the terrorist group ISIL and ultimately recommends a comprehensive policy to destroy the group and eliminate chances of its revival. The author reviews the history of Al Qaeda in Iraq and the unraveling of Syria during its civil conflict. ISIL’s rise, tactics and its manifestation as a group that actively holds territory is discussed. A literature review ...


Menendez And America's Public Corruption Problem, Jeffrey Bellin 2015 William & Mary Law School

Menendez And America's Public Corruption Problem, Jeffrey Bellin

Popular Media

No abstract provided.


The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. McFarlin 2015 Harvard University

The Hypocrisy Of "Equal But Separate" In The Courtroom: A Lens For The Civil Rights Era, Jaimie K. Mcfarlin

Jaimie K. McFarlin

This article serves to examine the role of the courthouse during the Jim Crow Era and the early stages of the Civil Rights Movement, as courthouses fulfilled their dual function of minstreling Plessy’s call for “equality under the law” and orchestrating overt segregation.


Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, John Passant 2015 University of Wollongong; Australian National University

Cleaning The Muck Of Ages From The Windows Into The Soul Of Income Tax, John Passant

John Passant

The aim of this paper is to provide readers with an insight into Marx’s methods as a first step to understanding income tax more generally but with specific reference to Australia’s income tax system. I do this by introducing readers to the ideas about the totality that is capitalism, appearance and form, and the dialectic in Marx’s hands. This will involve looking at income tax as part of the bigger picture of capitalism, and understanding that all things are related and changes in one produce changes in all. Appearances can be deceptive and we need to delve ...


Voter Primacy, Sarah C. Haan 2015 University of Idaho College of Law

Voter Primacy, Sarah C. Haan

Fordham Law Review

This Article argues that Citizens United v. FEC expanded the audience for campaign finance disclosure to include a group that had never before been held relevant to campaign finance disclosure—corporate shareholders—and explores the constitutional, policy, and political consequences of this change. In part IV of Citizens United, the U.S. Supreme Court departed from more than thirty years of campaign finance disclosure analysis to treat corporate shareholders as a target audience for corporate electoral spending disclosure, holding that the governmental interest advanced by campaign finance disclosure laws includes an interest in helping corporate shareholders “determine whether their corporation ...


Fair Trade: The President’S Power To Recover Captured U.S. Servicemembers And The Recent Prisoner Exchange With The Taliban, Celidon Pitt 2015 Fordham University School of Law

Fair Trade: The President’S Power To Recover Captured U.S. Servicemembers And The Recent Prisoner Exchange With The Taliban, Celidon Pitt

Fordham Law Review

The Obama Administration’s controversial exchange of five Taliban detainees for a captured U.S. soldier in May 2014 reignited a heated debate over the proper scope of wartime executive authority. From a legal perspective, the primary issue centers on the constitutional balance of power between congressional appropriations and the President’s power as Commander in Chief. A complete analysis incorporates both judicial and historical precedent to evaluate the conflict within the broader context of prisoner recovery efforts.

This Note argues that, regardless of the validity of legislative restrictions on the transfer of Guantánamo detainees, the President possessed sufficient authority ...


"Rhetoric And Reality": Testing The Harm Of Campaign Spending, Rebecca L. Brown, Andrew D. Martin 2015 USC Gould School of Law

"Rhetoric And Reality": Testing The Harm Of Campaign Spending, Rebecca L. Brown, Andrew D. Martin

University of Southern California Legal Studies Working Paper Series

This is an empirical piece prepared for a conference entitled Testing the Constitution, held at the University of Chicago Law School. Brown and Martin collaborated to design a survey experiment aimed at testing some of the factual claims made by the Supreme Court in Citizens United v. FEC. The paper shows that there is a demonstrable harm to the electorate's faith in democracy, and argues that these findings supply a government interest, separate from prevention of corruption, in regulating campaign spending.


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


Some Basic Marxist Concepts To Understand Income Tax, John Passant 2015 University of Wollongong; Australian National University

Some Basic Marxist Concepts To Understand Income Tax, John Passant

John Passant

The paper introduces readers to some basic Marxist concepts to give the building blocks for an alternative understanding of tax and perhaps even to inspire some to use these concepts and ideas in their future research. It argues that the tax system reflects the phenomena of wealth and income and that there is a deeper reality obscured and ignored by the income tax system as an outcrop of a capitalist system which does the same. This deeper reality is that capital exploits workers and that profit, rent, interest and the like are the money form of the unpaid labour of ...


Unchecked Political Question Doctrine: Judicial Ethics At The Dawn Of A Second Nuclear Arms Race, Daniel T. Rust 2015 Vermont Law School

Unchecked Political Question Doctrine: Judicial Ethics At The Dawn Of A Second Nuclear Arms Race, Daniel T. Rust

Daniel T Rust

This paper examines The Republic of the Marshall Islands v. The United States of America et al., the grounds for its dismissal, and recommendations for how it should be appealed and ultimately judged. The Marshall Islands sued alleging noncompliance with the Nuclear Non-Proliferation Treaty (NPT), seeking declaratory and injunctive relief. At issue are concepts of legality and ethics behind the “Political Question Doctrine” defense that the United States provides, in addition to whether or not the Marshall Islands has standing. When noncompliance with a valid, legal treaty causes real harm, Political Question Doctrine should not be allowed to the extent ...


Judicial Independence Without Accountability: The Paradox Of Egypt’S Judiciary, Sahar Aziz 2015 Texas A&M School of Law

Judicial Independence Without Accountability: The Paradox Of Egypt’S Judiciary, Sahar Aziz

Sahar F Aziz

Among the myriad questions surrounding the study of the “Arab Spring,” the one that has engendered much scholarly debate is “What happened to Egypt’s revolution?” Answers abound in explaining why Egypt today is more authoritarian than in the final years of the Mubarak regime. No single factor or theory suffices to explain the complex political, economic, and social forces intersecting over the past four tumultuous years. Indeed, scholars are likely to spend many years, if not decades, deconstructing the buildup to and aftermath of what is now coined the “January 25th Revolution.”

Accordingly, this Article cautiously proceeds to ...


Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello 2015 Indiana Tech Law School

Why Chief Justice Roy Moore And The Alabama Supreme Court Just Made The Best Case For Same-Sex Marriage, Adam Lamparello

Adam Lamparello

The Alabama Court of the Judiciary should remove Roy Moore from the Supreme Court of Alabama for a second and final time. Over ten years after being ousted from the Alabama Supreme Court, Chief Justice Moore is embroiled in yet another controversy that involves disregarding the federal courts and creating chaos in the legal system. In fact, Moore recently stated that he would ignore the Supremacy Clause and not respect a U.S. Supreme Court decision invalidating same-sex marriage bans. That statement brings back memories of Governor Wallace’s infamous stand at the schoolhouse door. At least Wallace had a ...


Coopted And Independent: The Paradox Of Egypt's Judiciary, Sahar Aziz 2015 Texas A&M School of Law

Coopted And Independent: The Paradox Of Egypt's Judiciary, Sahar Aziz

Sahar F Aziz

Among the myriad questions surrounding the study of the “Arab Spring,” the one that engenders much scholarly debate is “What happened to Egypt’s revolution?” Answers abound in explaining why Egypt today is more authoritarian than in the final years of the Mubarak regime. No single factor or theory suffices to explain the complex political, economic, and social forces intersecting over the past four tumultuous years in Egypt’s history. Indeed, scholars are likely to spend many years, if not decades, deconstructing the buildup to and aftermath of what is now coined the “January 25th Revolution.”

Accordingly, this Article ...


The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan 2015 Northwestern University School of Law

The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan

Northwestern University Law Review

Voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. In 2014, after it became public that Mozilla’s CEO, Brendan Eich, had made a controversial political donation in a state ballot proposition, consumer pressure led to his resignation. Eich’s downfall and the politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Supreme Court has failed to anticipate. This Essay explores what “economic ...


Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel 2015 Denver University, Sturm College of Law

Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel

David B Kopel

Illinois Senator Lyman Trumbull is not well-known today, but he is one of the "Founding Sons" who transformed the nation and the Constitution before, during, and after the Civil War. He wrote the Thirteenth Amendment, the first Freedmen's Bureau Bill, and the Civil Rights Act. He sponsored the first federal statutes which actually freed slaves. As Chair of the Senate Judiciary Committee and later as a civil rights attorney, he did more to protect Second Amendment rights--including taking a test case to the U.S. Supreme Court (Presser v. Illinois)--than did any other lawyer or legislator in the ...


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