Digital Commons Network^™

Who Are The Good Guys? The Legacy Of Watergate And The Tangled Webs We Weave, Jeffrey A. Breinholt

ExpressO

This article examines the astounding revelation that Deep Throat, the anonymous source that brought down the Nixon Presidency, was Mark Felt, the man who ran the FBI during the Watergate Scandal. Was Mark Felt a hero or a villain? Thanks to the recent publication of Bob Woodward’s The Secret Man in combination with historical case law, we now have more historical evidence about what motivated Felt and how he reacted to his own legal misfortunes. This article examines this record and shows that categorizing Felt along the hero/villain continuum is not an easy task, but argues that this type of …

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer

ExpressO

The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …

Hilltopics: Volume 2, Issue 3, Hilltopics Staff

Hilltopics

Campus: Are health center doctors googling their diagnoses? Page 2.

Culture: Hybrid couplesnaming must be stopped, page 4.

Politics: Rehnquist's death throws new light on Roberts confi rmation, page 3.

World: How does a trade dispute lead to millions of extra bras? See page 3.

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

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Legislatively Revising Kelo V. City Of New London: Eminent Domain, Federalism, And Congressional Powers, Bernard W. Bell

Rutgers Law School (Newark) Faculty Papers

This paper explores Congress’ power to limit state and local authorities’ use of eminent domain to further economic revitalization. More particularly, it examines whether Congress can constrain the discretion to invoke eminent domain which state and local officials appear entitled to under the Supreme Court’s recent decision in Kelo v. City of New London, — U.S. —, 125 S.Ct. 2655 (2005). The question involves and exploration and assessment of the Supreme Court’s recent jurisprudence regarding federalism and judicial supremacy.

In providing that private property may not be taken for “public use” without just compensation, the Fifth Amendment implicitly precludes government …

Hilltopics: Volume 2, Issue 2, Hilltopics Staff

Hilltopics

Campus: Frustrated about parking on campus? See page 3.

Academics: Already have a paper due? Check out our tips on page 4.

Politics: Gay marriage amendment is wrong-headed for Texas, page 2.

Campus: Don't miss out on Honors Program events. Calendar on page 3.

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

Do Institutions Really Matter? Assessing The Impact Of State Judicial Structures On Citizen Litigiousness, Jeff L. Yates, Paul Brace, Holley Tankersley

ExpressO

No abstract provided.

The Same Side Of Two Coins: The Peculiar Phenomenon Of Bet-Hedging In Campaign Finance, Jason Cohen

ExpressO

The paper addresses the propensity of large donors to give to competing candidates or competing party organizations during the same election cycle – for example, giving money to both Bush and Kerry during the 2004 presidential race – a practice here termed 'bet-hedging.' Bet-hedging is analyzed in strategic and game-theoretic terms. The paper explores the prevalence of bet-hedging, the possible motivations behind the practice, and the informational concerns surrounding it. The paper argues that bet-hedging, out of all donation practices, carries with it a uniquely strong implication of ex post favor-seeking: if a donor prefers one side over the other, …

Hilltopics: Volume 2, Issue 1, Hilltopics Staff

Hilltopics

Campus: If your lack of a designated driver is cramping your social style, see page 3.

Football: The preseason hype was boring, but this NFL season looks good, page 3

World: The G8 Summit last month raised awareness of critical issues, page 4.

Politics: Roberts confirmation lacks the political passion expected, page 2.

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

Christian Faith And Political Life: A Pre- And Post-Election Dialogue, Jason Carter, Randy Beck

ExpressO

The 2004 presidential election has generated a wide-ranging discussion of the role of religion in public life. Well before the election, Jason Carter, grandson of former President Jimmy Carter, anticipated the difficulties the political left would experience in attracting the votes of theologically conservative Christians. In a paper initially drafted for a Spring 2004 law school seminar, Mr. Carter called for a genuine dialogue about political implications of the Christian faith, designed to overcome the country's unhealthy polarization between a religious right and a secular left. In light of the election results, Prof. Randy Beck suggested that Mr. Carter's seminar …

Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree

ExpressO

The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.

Rfk, Day Of Affirmation Speech And Human Rights In America, Stuart Weinstein

ExpressO

An examination of Robert Kennedy historic Day of Affirmation speech made forty years ago. Is the role he envisioned for the US to play in international affairs and in advancing the cause of freedom and social justice for all humanity relvant in a post-Iraq abu Gharaib world?

Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino

ExpressO

Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity. Only recently, in Republican Party v. White, 536 U.S. 765 (2002), has the Supreme Court addressed the constitutionality of these restrictions, concluding that judicial candidates must be allowed some opportunity to discuss legal and political issues in their campaigns. But White left many questions unanswered about the permissible scope of restrictions on judges’ political activity.

This Article suggests that those questions will be answered not by applying principles of free speech, but by analyzing the opportunities the restrictions provide for independent judicial policy-making. Restrictions on …

How And Understanding Of The Second Personal Standpoint Can Change Our Understanding Of The Law: Hart's Unpublished Response To Exclusive Legal Positivism, Robin B. Kar

ExpressO

This Article describes recent developments in moral philosophy on the “second personal standpoint,” and argues that they will have important ramifications for legal thought. Moral, legal and political thinkers have, for some time now, understood important distinctions between the first personal perspective (of deliberation) and the third personal perspective (of observation, cause and effect), and have plumbed these distinctions to great effect in their thought. This distinction is, in fact, implicit the law and economics movement’s “rational actor” model of decision, which currently dominates much legal academic thought. Recent developments in value theory due to philosopher Stephen Darwall suggest, however, …

Race Against The Machine: An Argument For The Standardization Of Voting Technology, Jason Belmont Conn

ExpressO

In this article/note, I examine a lingering question from the court cases arising out of the 2000 election: Does Bush v. Gore and the relevant equal protection case law open the door for a legal challenge to a state’s use of different voting machines/technologies and how do racial disparities in machine error rates impact this analysis? In addition to reviewing the current literature and case law on voting machine standardization, I also present an unrecognized and undocumented connection between the “all deliberate speed” order in Brown and the Court’s discussion of voting technology in Bush v. Gore.

When The Publisher Is A Politician; A Case Study Of The Idaho Falls Post Register's Coverage Of The 2002 Idaho Gubernatorial Campaign, Kristoffer D. Boyle

Theses and Dissertations

In March 2002, Idaho Falls Post Register owner/publisher Jerry Brady announced his intent to run as the Democratic challenger in the Idaho gubernatorial race. His decision left the newspaper and its editorial staff scrambling for an appropriate way to objectively cover the state's most prominent race involving the man who signed the checks. In an effort to meet this expectation, the newspaper established a detailed plan, which included Brady moving away from the newspaper's operations, both physically and editorially. Additionally, the Post Register brought in an outside media professional to monitor its coverage of the race and hosted several meetings …

O'Connor Retirement Creates “High Drama,” Says Illinois Wesleyan Political Scientist, University Communications, Illinois Wesleyan University

News and Events (Discontinued Series)

No abstract provided.

The Chief Prosecutor, Sai Prakash

University of San Diego Public Law and Legal Theory Research Paper Series

Since Watergate, legal scholars have participated in a larger debate about the President’s constitutional relationship to prosecutions. In particular, many legal scholars sought to debunk the received wisdom that prosecution was an executive function subject to presidential control. Revisionist scholars cited early statutes and practices meant to demonstrate that early presidents lacked control over prosecution. Among other things, scholars asserted that early presidents could not control either the federal district attorneys or the popular prosecutors who brought qui tam suits to enforce federal law. In fact, many of the revisionist claims are wrong and others are beside the point. Despite …

What Is Legal Doctrine, Emerson Tiller, Frank B. Cross

Public Law and Legal Theory Papers

Legal doctrine is the currency of the law. In many respects, doctrine is the law, at least as it comes from courts. Judicial opinions create the rules or standards that comprise legal doctrine. Yet the nature and effect of legal doctrine has been woefully understudied. Researchers from the legal academy and from political science departments have conducted extensive research on the law, but they have largely ignored the others’ efforts. Part of the reason for this unfortunate disconnect is that neither has effectively come to grips with the descriptive meaning of legal doctrine. In this article, we attempt to describe …

The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu

ExpressO

Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may not …

Should Critical Management Studies And Organization Development Collaborate? Invitation To A Contemplation, Maxim Voronov

Organization Management Journal

In this article, the author argues that despite important differences between Critical Management Studies (CMS) and Organization Development (OD), there is enough common ground to make a dialogue worthwhile for both fields and for management practice. The author outlines some major "objectives" of each field, noting some important but frequently overlooked similarities and complementarities between them. Power and empowerment are offered as examples of focal topics around which the two disciplines could have a productive discussion, suggesting that such an exchange would help CMS’ important insights about power to have more of an impact on organizational practice while enhancing OD's …

Judging The Law Of Politics, Guy-Uriel Charles

Michigan Law Review

Election law scholars are currently engaged in a vigorous debate regarding the wisdom of judicial supervision of democratic politics. Ever since the Court's 1962 decision in Baker v. Carr, the Court has increasingly supervised a dizzying array of election-related matters. These include the regulation of political parties, access to electoral ballots, partisanship in electoral institutions, the role of race in the design of electoral structures, campaign financing, and the justifications for limiting the franchise. In particular, and as a consequence of the Court's involvement in the 2000 presidential elections in Bush v. Gore, a central task of election …

Mint Magazine, 2005, Volume 5, Spring, Mint Magazine Staff

MINT Magazine

EDITOR'S Note.................................................2

PERSPECTIVES
Opening Your Eyes To Women's Studies..........3
Bidding Farewell to Pope John Paul II..............4
On Pope Benedict XVI......................................4
Affirmative Action In College Admissions Should Be Based On Economic Status, Not Race.............5
What Would Your Founding Father Say............8

FEATURE
College Changes Everything.............................6
Birth-Schooling-Work-Marriage-Kids-Death-NO..7

AROUND TOWN
Lies, Omission, And Distortion.............................9
A New Reality On Main Street............................10

CREATIVE
The Best Kind Of Religion...................................11

The Evolution Of Congress: A Citizen's Ability To Influence Politics Today, Rebecca Ashley Nudd

Undergraduate Honors Capstone Projects

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

-Constitution of the United States

Rosa Parks refused to give up her seat on a bus and spurred a year long political bus boycott that helped later change the U.S. Constitution. A mother with a cause rallied a million other moms to march onto Capital Hill and …

The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz

San Diego International Law Journal

This Article is not intended to deal with the feasibility of successfully implementing the [European Neighbourhood Policy] ENP, nor does it address its normative aspects from the European perspective. Instead, this article assumes that the parties will successfully implement the ENP, and on the basis of that assumption, attempts to provide a first, critical and interdisciplinary examination of the potentially significant impact of the ENP on the legal, economic, social, and trade landscape of the State of Israel, her citizens, economy, and on her relations with the EU and the United States.

The End Of American Democracy?, Bruce Ledewitz

Ledewitz Papers

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

Balagan And The Politics Of Israel/Palestinian "Identity", Terri Ginsberg

disClosure: A Journal of Social Theory

No abstract provided.

Hilltopics: Volume 1, Issue 20, Hilltopics Staff

Hilltopics

Politics: Senatorʼs comments about courtroom violence are shocking, page 3.

World: Americans must strive to keep free trade truly free, page 2.

Sports: The MLB season is underway, but does anyone care? Page 4.

Summer: Going abroad this summer? Check out our backpacking guide, page 2.

On the web: Go to www.smu.edu/honors/hilltopics to read all of the stories in this issue and more. You can also submit your thoughts to [email protected].

Out Of Bounds: San Francisco's Homeless Policies, Alexandra Flynn

ExpressO

Homelessness, both a legal and public policy issue, has dominated the City of San Francisco government agenda for over fifteen years. Despite the front-and-center nature of homelessness, the policies enacted have done little to reduce the count. This paper, first, presents San Francisco’s new approach to the issue; namely, the creation of a new and far more limited class of “chronically homeless” persons. This first section includes an examination of the causes of homelessness, the physical alienation of homeless persons through “quality of life” laws, and recent policy initiatives used to social exclude the bulk of homeless persons by limiting …

Constitutionalism Through The Looking Glass Of Latin America, Miguel Schor

ExpressO

This Article explores the following question: why did constitutionalism in Latin America take a different path than in the United States? Constitutions were adopted throughout the New World in the wake of independence movements in the late eighteenth and early nineteenth centuries to effectuate republican government. Yet constitutionalism in Latin America led to dictatorship whereas constitutionalism in the United States led to republican government. The conventional answer to this issue is that the constitution was entrenched in the United States because law is independent from politics, whereas constitutions were not entrenched in Latin America because politics trumped constitutions. This Article …