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Introduction To The Modern Orthodox Tradition, Paul Valliere

Scholarship and Professional Work - LAS

In her study of the Orthodox Church in the Byzantine Empire, Joan Hussey begins with a caveat: "In the present state of our knowledge a book on the Byzantine Church must necessarily be in the nature of an interim report since much pioneer work remains to be done." The same must be said about the attempt to present the "teachings" of modern Orthodoxy concerning law, society, and politics.

Lincoln's Defense Of Politics: The Public Man And His Opponents In The Crisis Over Slavery (Book Review), Julie Mujic

History Faculty Publications

Book review by Julie Mujic.

Schneider, Thomas E. Lincoln’s Defense of Politics: The Public Man and His Opponents in the Crisis over Slavery. Columbia: University of Missouri Press, 2006.

ISBN 9780826216069

Plato's View Of Tyranny, Antonis Coumoundouros

Electronic Theses and Dissertations

This dissertation explores and highlights Plato's timeless and enduring insights on tyranny and the tyrannical personality in the Republic. I argue that Plato has a comprehensive and illuminating account of tyranny and, while neglected by scholars, such an account is applicable to our understanding of ethical and political life. The dissertation begins by considering the use of the term "tyrant" in Plato's literary tradition, from Archilochus to Thucydides and Isocrates, to situate his critical view of tyranny. Then I proceed to explore the descriptive and prescriptive aspects of Plato's view of tyranny in relation to Thrasymachus' claim that tyranny or …

[Introduction To] On The Drafting Of Tribal Constitutions, Felix S. Cohen, David E. Wilkins (Editor)

Bookshelf

Felix Cohen (1907-1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His "Basic Memorandum on Drafting of Tribal Constitutions," submitted in November 1934, provided practical guidelines for that effort.

Largely forgotten until Cohen's papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with …

Originalism As A Political Practice: The Right's Living Constitution, Robert Post, Reva Siegel

Fordham Law Review

No abstract provided.

The Processes Of Constitutional Change: From Partisan Entrenchment To The National Surveillance State, Jack M. Balkin, Sanford Levinson

Fordham Law Review

No abstract provided.

Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber

Fordham Law Review

No abstract provided.

The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl

Fordham Law Review

No abstract provided.

Liability And Compensation For Harm Caused By Nuclear Activities, Jon M. Van Dyke

Denver Journal of International Law & Policy

No abstract provided.

Foreword, Richard B. Collins

Publications

No abstract provided.

Constitutional Chicken Soup, Tracy E. Higgins

Fordham Law Review

No abstract provided.

Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet

Fordham Law Review

No abstract provided.

Competition Policy As A Political Bartain, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

Competition policy in the U.S. may be understood as a self-enforcing political bargain emerging from a repeated political interaction between two large and diffuse interest groups, consumers and producers. Absent such a bargain, regulatory policy would fluctuate between pro-producer policies that tolerate the exercise of market power and pro-consumer policies that systematically redistribute surplus from producers to consumers. This perspective is consistent with the broad contours of the historical U.S. experience with antitrust, particularly with the continuity in antitrust enforcement and decline in the political salience of competition policy since the 1940s. The adoption of Chicago school views during the …

Some Middle-Age Spread, A Few Mood Swings, And Growing Exhaustion: The Human Rights Movement At Middle Age, Penelope Andrews

Articles & Chapters

This paper was presented at a symposium, "The Scholar as Activist", dedicated to the work of Nadine Strossen, President of the ACLU. This paper focuses on the subject of international human rights law and the engagement of scholars as activists in this area of law. At fifty-plus years, and therefore soundly middle aged, the global human rights project today provides occasion for reflection and evaluation. This paper observes that human rights have increasingly become the language of progressive politics. In many ways, this focus on human rights globally echoes the struggle for civil liberties and civil rights in the United …

Heroic Individualism: The Hero As Author In Democratic Culture, Alan I. Baily

LSU Doctoral Dissertations

My study focuses on the literature of democratic morality, with specific reference to the question of "heroic individualism." I attempt to elucidate the notion of heroic individualism by examining three modern democratic moralists whose work occupies the space between politics and literature: Jean Jacques Rousseau, Thomas Carlyle and Friedrich Nietzsche. In brief, I conclude that the central aspiration of heroic individualism is to bridge the gap between writing and action, the Text and the Voice. The dialogue among Rousseau, Carlyle, and Nietzsche reveals that the problem of writing as action is central to heroic-individualist morality. Each of these authors demonstrates …

In Pittsburgh, Freedom Abridged, Bruce Ledewitz

Ledewitz Papers

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

Brown And Lawrence (And Goodridge), Michael J. Klarman

Michigan Law Review

One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …

Regionalism In The New Globalized Economy : Politics Of Scale And The Discourse Of Regionalism--Comparative Politics Of Two Japanese Global City-Regions., Takashi Tsukamoto

Electronic Theses and Dissertations

This study examines the effects of globalization on state restructuring and the status of cities and local governments. I conduct a comparative case study of two Japanese world cities, Tokyo and Osaka, Japan. Existing globalization theories offer only partial explanations that fail to grasp the dynamic aspects of such rescaling. To explore the dynamics of government restructuring, this study investigates the relationship between decentralization, regionalization and globalization, highlighting the role of local leaders who employed political rhetoric in their efforts to rescale the city. This research finds that uneven economic effects of globalization are not the direct cause for the …

Recalibrating The War On Terror By Enhancing Development Practices In The Middle East, Kevin J. Fandl

ExpressO

This research paper suggests that the cart has been placed before the horse, that democratization and open markets in the Middle East are more likely the result of effective development than the catalyst for it. The war on terror has been justified by the United States as an effective means of reducing the possibility of terrorist attacks. This paper analyzes the validity of those justifications by reviewing the linkage between democracy and economic growth and that between democracy and peace.

The paper begins by hypothesizing that the war on terror and forced democratization of the Middle East are leading to …

Hilltopics: Volume 2, Issue 14, Hilltopics Staff

Hilltopics

Holidays: Eric Johnson endorses a new kind of holiday season, page 3.

Life: Want to do something about AIDS? Maybe it's time to get angry, page 2.

Media: Rent: The Movie fails to impress Courtney Hebb, page 4.

Politics: Dawn Jenkins examines the other side of the Prop. 2 debate, page 2.

Be Heard: Got an opinion? Hilltopics is always looking for good submissions and interesting feedback Email your thoughts to [email protected].

Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins

ExpressO

This LL.M. Intercultural Human Rights thesis (May, 2005), awarded the best student paper prize for 2005 by the Institute of Policy Sciences at Yale University (in October, 2005), after analysing past and curent issues regarding the culture wars controversy of "reparations", proposes a specific process for establishing Truth and Reconciliation regarding the legacy of slavery in the United States. The proposal recommends commissions in each Federal judicial district under the supervision of a U.S. Slavery Justice and Reconciliation Commission (USSJRC), calling for "America's 21st Century Contract with Africa and African-Americans".

Resurrection From Babel: The Cultural, Political, And Legal Status Of Christian Communities In Lebanon And Syria And Their Prospects For The Future, Alexandra R. Harrington

ExpressO

In the well-known Biblical story, the faithful, attempting to create a place of unity for themselves, set about building the Tower of Babel, only to see the Tower implode due to linguistic differences and power assertions. Thousands of years later, the world is still plagued by sectarian strife and warfare. Indeed, the situation has only become more involved since Babel, as there are now inter-communal and intra-communal conflicts for supremacy and superiority – a notable difference in these conflicts is that the ultimate tool of getting to Heaven is no longer a tower, it is now a state. Within the …

Politics And Judgment, Suzanna Sherry

Missouri Law Review

Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American academic attitude toward judicial review as practiced by the modem Supreme Court ranges from open hostility to a position similar to Winston Churchill's on democracy: It is the worst way to implement a Constitution, except for all the rest. In this essay, I want to explain the source of the hostility, defend judicial review against its critics, and make a few suggestions for improvement.

Hilltopics: Volume 2, Issue 10, Hilltopics Staff

Hilltopics

Campus: Debate over special interest seats continues, page 2.

Politics: Are NCAA rules about “offensive” mascots too much? Page 4.

School: Still not met your advisor? Let us make your schedule for you, page 3.

Life: Many college students have terrible mentality about sexual abuse, page 3.

Be Heard: Got an opinion? Hilltopics is always looking for good submissions and interesting feedback Email your thoughts to [email protected].

The Changing Demographic, Legal, And Technological Contexts Of Political Representation, Benjamin Forest

Dartmouth Scholarship

Three developments have created challenges for political representation in the U.S. and particularly for the use of territorially based representation (election by district). First, the demographic complexity of the U.S. population has grown both in absolute terms and in terms of residential patterns. Second, legal developments since the 1960s have recognized an increasing number of groups as eligible for voting rights protection. Third, the growing technical capacities of computer technology, particularly Geographic Information Systems, have allowed political parties and other organizations to create election districts with increasingly precise political and demographic characteristics. Scholars have made considerable progress in measuring and …

Making Free Speech Affordable: A Discussion Of Legislation To Provide Public Funding To Candidates For The U.S. Congress, Jared S. Cram

ExpressO

This article discusses a recent attempt by the U.S. Congress to provide for public financing of campaigns for the House of Representatives. Although a good start, this legislation would not go far enough to ensure that every voice has an opportunity to be heard in federal elections. My article discusses the strengths and weaknesses of this legislation and also provides suggested amendments to make this bill more effective should it become law.

Making Free Speech Affordable provides an in-depth comparison of this proposed legislation with current law at the state level providing for public financing of campaigns. This discussion includes …

Why Judicial Review Fails: Organizations, Politics, And The Problem Of Auditing Executive Discretion, Mariano-Florentino Cuellar

ExpressO

Every day executive branch officials make thousands of decisions affecting our security and welfare. Homeland security officials screen tens of thousands of people at the border. They decide whose name gets on government “no fly lists.” Agencies freeze suspected terrorist assets, choose what companies to inspect for environmental violations, and decide whom to prosecute. This article describes how judicial review predictably and systematically fails to prevent abuse and promote organizational learning when government officials make many such choices using their discretion to target individuals or groups. It then proposes the use of quasi-judicial audits of executive discretion as a remedy. …

Historicizing Judicial Scrutiny, G. Edward White

South Carolina Law Review

No abstract provided.

Blame Canada (And The Rest Of The World): The Twenty-Year War On Imported Prescription Drugs, Daniel L. Pollock

ExpressO

Rising budget deficits and sticker shock over the new Medicare drug benefit have put the issue of prescription drug costs back into the spotlight. The growth in the cost of prescription drugs continues to represent a staggering burden for taxpayer-funded health care programs, even while costs of non-drug health care services have slowed or even decreased. Among the many proposals for cutting prescription drug costs, drug importation is unique. Although bipartisan support for drug importation has existed in Congress for over five years, the federal government continues to maintain that a system of safe and effective drug importation is impossible. …

Make >Em Fess Up, Bruce Ledewitz

Ledewitz Papers

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