Digital Commons Network^™

Federalism And Elections In The Russian Federation: National And Regional Aspects, Sergey D. Knyazev

International Journal of Legal Information

Federalism and elections are undoubtedly recognized and declared by the Russian Constitution as fundamental to the Russian political landscape. However, constitutional declaration of federalism itself, as well as a stated commitment to the electoral process, does not automatically guarantee electoral federalism in reality, but implies insistent efforts of the central government and regional governments to use the advantages of federalism and elections. Otherwise, as it often happens in the contemporary Russian political environment, Russian citizens will be forced to have a unitary model of elections, while at the same time having a constitutionally recognized system of electoral federalism.

Closing The Border And Opening The Door: Mobility, Adjustment, And The Sequencing Of Reform, Timothy A. Canova

Faculty Scholarship

Since the enactment of the North American Free Trade Agreement (NAFTA), the U.S.-Mexico border has become increasingly open for trade and private investment. But for the movement of people it is a Porous Border. Meanwhile, Open Border proposals are unpopular and unrealistic due to concerns about national security and the economic impact of low-wage immigrant labor. Discussion is now dominated by Closed Border proposals to build a wall and further militarize the 2000-mile border. Each of these paradigms - the Closed Border, Open Border, and today's Porous Border - fails to address the painful dislocations in Mexican society that inevitably …

The Politics Of American Religious Identity: The Seating Of Senator Reed Smoot, Mormon Apostle. By Kathleen Flake, Todd M. Kerstetter

BYU Studies

Kathleen Flake. The Politics of American Religious Identity: The Seating of Senator Reed Smoot, Mormon Apostle. Chapel Hill and London: University of North Carolina Press, 2004

Oil. Seeking Peace In The Niger Delta: Oil, Natural Gas, And Other Vital Resources, Darren Kew, David L. Phillips

New England Journal of Public Policy

Nigeria’s oil-rich Niger Delta region has seen little benefit from the billions of dollars earned from oil over the last four decades, prompting a growing but disorganized insurgency across the region. Irresponsible oil companies and government officials have reduced the Niger Delta to one of the most polluted environments on earth. Corrupt local and national politicians, many of whom came to power through rigged elections, have colluded to manipulate ethnic divisions amid poverty to loot the region’s wealth. Consequently, the people of the Niger Delta have no formal political voice in Nigeria’s nascent democratic system, increasing the appeal of militias …

Democrats Get Religion – Just In Time, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: J.B. Ruhl, Florida State University Law School

18 slides

Federalism And Natural Resources Policy [Outline], Robert L. Fischman

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

2 pages.

"Robert L. Fischman, Indiana University School of Law–Bloomington"

"Outline of Presentation"

Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

4 pages.

"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"

Party Competition In Illinois: Republican Prospects In A Blue State, John S. Jackson, Paul Gottemoller

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

Campaigns and elections in Illinois are always interesting and exciting spectacles. They are full of colorful characters, great plots, and unexpected twists to the story line. Each election brings new characters and different stories, but each builds on the rich tradition and culture of a big and diverse state which takes its politics and politicians quite seriously. A state which over the last half century has produced such notables as Everett Dirksen, Paul Douglas, Adlai Stevenson, Jr., Charles Percy, Paul Simon, Alan Dixon, Richard Ogilvie, Dan Walker, Dan Rostenkowski, Richard J. Daley, Harold Washington, Richard M. Daley, Russell Arrington, Phil …

Music, The Non-Governmental Actor Changing Political Policy: Have We Failed The Power Of Music?, Alex Hershey

Senior Honors Projects

Music, the Non-Governmental Actor Changing Political Policy: Have We Failed the Power of Music? People learn that making music as well as listening to it frees them from the toil and tedium of a life dominated by the privileged and the powerful. Music means trouble for those who would own and control it as they perpetuate injustice and suffering. – Mat Callahan It is believed that the pen is mightier than the sword, but is the guitar playing vocalist, a beatnik, mightier than the M-16 machinegun and an American political oligarchy? To find the answer to this question we must …

The Wall Falls, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Majority Politics And Race Based Remedies, Darren Lenard Hutchinson

UF Law Faculty Publications

This Essay applies the principles of social movement theory and analyzes the legal status of race-based remedies. Many scholars have debated the constitutionality and efficacy of affirmative action, the appropriateness of race-consciousness (from legal and social perspectives) and the legitimacy of structural judicial remedies for various types of discrimination. This paper will add to this literature by demonstrating the influence of conservative race politics and ideology on Court doctrine concerning affirmative action and other race-based remedies. In particular, this Essay will demonstrate that, consistent with broader political trends, the Court disfavors governmental usage of race as a remedy for discrimination …

Property, Contracts, And Politics, Mark Tushnet

Michigan Law Review

Rebecca Scott is a historian, not an economist. Describing how a dispute over a mule's ownership was resolved, Professor Scott reproduces a receipt two claimants left when they took the mule from the plantation whose manager claimed it as well (p. 185). By contrast, analyzing property relations in the pre-Civil War American South, economic historian Jenny Wahl observes, "[E]conomic historians tend to [use] ... frequency tables, graphs, and charts." The differences in visual aids to understanding indicate the various ways historians and economists approach a single topic-the relation between markets and politics, the latter defined to include the deployment of …

Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam

Michigan Law Review

The implementation and enforcement of Islamic law, especially Islamic criminal law, by modem-day Muslim nation-states is fraught with controversy and challenges. In Pakistan, the documented problems and failures of the country's attempt to codify Islamic law on extramarital sexual relations have led to efforts to remove rape cases from Islamic law courts to civil law courts. In striking contrast to Pakistan's experience, the Republic of the Maldives recently commissioned a draft of a penal law and sentencing guidelines based on Islamic law that abides by international norms. The incorporation of Islamic law into the legal systems of various countries around …

Towards A Model Of Engagement In The Public Realm For The Methodist Church In Singapore, Kiem-Koik Kwa

ATS Dissertations

No abstract provided.

Women In New England Politics, Paige Ransford, Carol Hardy-Fanta, Anne Marie Cammisa

New England Journal of Public Policy

This essay addresses a serious deficiency in the literature on women and politics in the United States today: the lack of attention to regional variation and, more specifically, the absence of research on women’s representation in New England. This deficiency is particularly troubling since political analysts of all stripes typically portray New England as imbued with ideological, individual, and structural characteristics likely to lead to rates of political representation higher than the nation as a whole. This essay provides a brief history of women in politics for New England as a whole; describes the current status of women at congressional, …

The Jewish Role In American Life, Jeremy Schoenberg

The Jewish Role in American Life: An Annual Review

The relationship between Jews and the United States is necessarily complex: Jews have been instrumental in shaping American culture and, of course, Jewish culture and religion have likewise been profoundly recast in the United States, especially in the period following World War II. A major focus of this work is to consider the Jewish role in American life as well as the American role in shaping Jewish life. This fifth volume of the Casden Institute's annual review is organized along five broad themes: politics, values, image, education and culture.

Antitrust Process And Vertical Deference: Judicial Review Of State Regulatory Inaction, Jim Rossi

ExpressO

Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other – especially as traditional governmental functions are privatized and as economic regulation advances beyond its traditional role to address market monitoring. This Article defends a process-based account of the state action antitrust exception against alternative interpretations, such as the substantive efficiency preemption approach recently advanced by Richard Squire, and elaborates on what such a process-based account would entail for courts addressing the role of state economic regulation as a defense in antitrust cases. It recasts the debate as focused …

Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora

ExpressO

The so called “war on terror” provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith’s “American Way,” where Keith sings that “you’ll be sorry that you messed with the USofA, ‘Cuz we’ll put a boot in your ass, It’s the American Way.”

No aspect of the “war on terrorism” more clearly addresses this balance than coercive interrogation. …

The Catch-22 In Prison Privatization: The Problem With The Solution, Ahmed M.T. Riaz

ExpressO

A step into just about any state prison in the United States reveals an institution plagued by over-population, with just about every prison running at more than 100% capacity. The problem, of course, is not new but one that has received great attention. In the past decade or so the solution has been privatization of state prisons. Proponents of privatization have pushed forth the idea that private institutions are the solution to prison overcrowding. However, by looking to for-profit private institutions as a means to resolving the problems of the penal system, are legislators in fact ensuring that the problems …

The American Tradition Of Racial Profiling, Jean Phan

ExpressO

The enemy has always been easily recognizable in American life: He has been the savage Native American known for scalping people; the black slave bent on ravaging white women; the Asian worker unfairly competing against the white man; the Mexican immigrant who does nothing but leech off the system; the Arab who dreams up terrorist plots, and carries them out. These enemies have always been visible in American society, and yet, they don’t exist in reality. They exist only in the minds of those too afraid to consider that these strange individuals who seem so different, could be just like …

Maryland Political Contribution Loopholes: History, Discussion & Options To Tackle The Llc & “Other Business Entity” Ambiguities, Jeremy D. Tunis

ExpressO

No abstract provided.

The Impact Of Specialized Courts On The Federal Judicial System 1925-1981: A Study Of Federal Circuits' Decision Of Reversal, Yu Wang

ExpressO

Today a considerable volume of federal caseload is under the jurisdiction of specialized courts at both the district level and circuit level. Ironically, neither judicial scholars nor political scientists treat this topic as a priority in their research agenda. Therefore, what the exact impact of specialized courts on the federal judicial system has not been carefully explored. The current study makes a primary effort to empirically figure out the systematic impact of specialized trial courts on the U.S. federal judicial system. By focusing on the simplest situation in history where both generalist trial courts and specialized trial courts were only …

Culture, Sovereignty, And Hollywood: Unesco And The Future Of Trade In Cultural Products, Christopher M. Bruner

ExpressO

On October 20, 2005, the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) adopted a treaty – by a vote of 148-2, with 4 abstentions – that legitimates domestic legal measures aimed at the protection of local producers of "cultural activities, goods and services." Opposed by the United States and Israel, the Convention represents a major diplomatic victory for Canada and France – its principal proponents – and a major blow to Hollywood and the United States, audiovisual products being among America's most lucrative exports. Both Canada and France, like many countries around the world, have …

The Legality Of The Use Of White Phosphorus By The United States Military During The 2004 Fallujah Assaults, Roman O. Reyhani

ExpressO

The assaults on Fallujah by the United States military in April and November 2004 involved the use of white phosphorus. White phosphorus has extremely damaging effects on the health of victims, including severe burns and irritation of the respiratory system. This article examines whether the use of white phosphorus was a violation of the Chemical Weapons Convention, Protocol III to the Convention on Conventional Weapons and international humanitarian law. It concludes that the use of white phosphorus was illegal as it could be argued to be a chemical weapon, a riot control agent, or incendiary weapon. Furthermore, the methods and …

The Impact Of Specialized Courts On Federal Judicial System 1925-1981: A Study Of Federal Circuits' Decision Of Reversal, Yu Wang

ExpressO

Today a considerable volume of federal caseload is under the jurisdiction of specialized courts at both district level and circuit level. Ironically, neither judicial scholars nor political scientists treat this topic as a priority in their research agenda. Therefore, what the exact impact of specialized courts on the federal judicial system has yet been carefully explored. The current study makes a primary effort to empirically figure out the systematic impact of specialized trial courts on the U.S. federal judicial system. By focusing on the simplest situation in history where both generalist trial courts and specialized trial courts were only under …

Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber

Faculty Scholarship

“Looking Off the Ball” details how and why constitutional law influences both judicial and public decision making. Treating justices as free to express their partisan commitments may seem to explain Bush v. Gore*, but not the judicial failure to intervene in the other numerous presidential elections in which the candidate favored by most members of the Supreme Court lost. Constitutional norms and standards generate legal agreements among persons who dispute the underlying merits of particular policies under constitutional attack. The norms and standards explain constitutional criticism, why only a small proportion of the political questions that occupy Americans are normally …

Political Campaigning By Churches And Charities: Hazardous For 501(C)(3)S, Dangerous For Democracy, Donald B. Tobin

Faculty Scholarship

Nonprofit section 501(c)(3) organizations are prohibited from participating or intervening in an election on behalf of a candidate for public office. Despite this prohibition, 501(c)(3) tax-exempt organizations have become increasingly active in political campaigns. Many organizations are either ignoring the political campaign ban or are using "issue discussion" or "lobbying" as a means of promoting candidates and testing the limits of the prohibition. Current scholarship surrounding the political campaign ban argues that the ban is either unconstitutional or inappropriate as a matter of public policy. This article argues that the ban is both meritorious and constitutional. It argues that taxpayer …

Temples Of Caesar: The Politics Of Renaissance Georgics Translations, Kimberly Johnson

Quidditas

Between the last years of Elizabeth I’s reign and the regicide of Charles I, three major English translations of Virgil’s middle poem, the Georgics, were published. Each translation appeared at a moment of religio-political crisis in England, a coincidence made more significant by the ambivalent political stance of Virgil’s text, which simultaneously communicates praise for Octavian and suspicion about an imperial program that disenfranchised the agricultural classes, an oversight which Virgil records in the Georgics as impiety. This paper charts the ways in which seemingly innocent translation decisions manage to perform a critical interrogation of monarchal authority, particularly as it …

A Prescription To Retire The Rhetoric Of 'Principles-Based Systems' In Corporate Law, Securities Regulation And Accounting, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

This Article corrects widespread misconception about whether complex regulatory systems can be fairly described as either "rules-based" or "principles-based" (also called "standards-based"). Promiscuous use of these labels has proliferated in the years since the implosion of Enron Corp. While the concepts of rules and principles (or standards) are useful to classify individual provisions, they are not scalable to the level of complex regulatory systems. The Article uses examples from corporate law, securities regulation and accounting to illustrate this problematic phenomenon before turning to a series of possible explanations for the widespread use of these misleading labels. The piece contributes to …