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Redistricting In Illinois, John S. Jackson, Lourenke Prozesky Apr 2005

Redistricting In Illinois, John S. Jackson, Lourenke Prozesky

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

Redistricting in Illinois is a challenging and contentious political game which must be played every ten years. The rules of the game consist of a maze of federal constitutional and legal requirements supplemented by the constitution and laws of the state of Illinois. The national laws provide a legal framework within which Illinois lawmakers must work as they redraw the map for the congressional and state legislative districts to meet the new population count every decade. Within the parameters provided to the state by federal law and court rulings, Illinois is like every other state and must meet the same …

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Mint Magazine, 2005, Volume 4, Spring, Mint Magazine Staff Apr 2005

Mint Magazine, 2005, Volume 4, Spring, Mint Magazine Staff

MINT Magazine

EDITOR'S Note...........................................2
AROUND TOWN
No Guarantees............................................3
Irshad Manji.................................................3
The CAS Monopoly......................................4
Shakespeare Was A Korean Woman..........5
Is Company All You Need?..........................6
PERSPECTIVES
Reflections on "Priviledge"...........................7
FEATURE
Angst And America's Fear-Fueled Foreign Policy...8
LEISURE
"When Work Disappears".............................9
Fever For The Music Of The Night...............10
A Garden State of Mind................................10
RESPONSES FROM READERS
CREATIVE
A Winter Day In Hell.....................................12
The Kind.......................................................13
Infinity...........................................................15

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The Hydraulics And Politics Of Party Regulation, Michael S. Kang Mar 2005

The Hydraulics And Politics Of Party Regulation, Michael S. Kang

ExpressO

No abstract provided.

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Brown’S Legacy: The Promises And Pitfalls Of Judicial Relief, Deborah Jones Merritt Mar 2005

Brown’S Legacy: The Promises And Pitfalls Of Judicial Relief, Deborah Jones Merritt

The Ohio State University Moritz College of Law Working Paper Series

Brown v. Board of Education marked a turning point for both civil rights and judicial activism. During the half century since Brown, social activists of all kinds have sought policy changes from the courts rather than legislatures. That trend has produced social benefits but, over time, it has also shifted political power to elites. This essay explores the possibility of retaining Brown's promise for racial equality while reinvigorating an electoral politics that would better represent many of the people Brown intended to benefit.

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Hijacked Justice: Domestic Appropriation Of International Norms, Jelena Subotić Mar 2005

Hijacked Justice: Domestic Appropriation Of International Norms, Jelena Subotić

Human Rights & Human Welfare

This paper explores the domestic politics of international norm diffusion, using the global transmission of transitional justice norms as the empirical context of the research. Applying sociological institutionalism as the principal theoretical framework, I argue that the motivation of states to adopt international models of transitional justice has changed over time. The transitional justice norm - that posits that war crimes and massive human rights abuses must be dealt with in a proper legal setting and not through “victors’ justice” or impunity - was institutionalized in large part as the result of a strong domestic demand for transitional justice in …

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The Expansion Of Intellectual Property Rights By International Agreement: A Case Study Comparing Chile And Australia’S Bilateral Fta Negotiations With The U.S., Ralph G. Fischer Mar 2005

The Expansion Of Intellectual Property Rights By International Agreement: A Case Study Comparing Chile And Australia’S Bilateral Fta Negotiations With The U.S., Ralph G. Fischer

ExpressO

This paper attempts to address the ongoing debate regarding the expansion of intellectual property rights (IPRs) through international negotiations. Commentators have described three theories that purport to explain the growing scope of IPRs in international law, as reflected in international agreements: that these agreements reflect coercion by economically powerful nations; that they are the products of lobbying by multinational corporations; and that they represent autonomous, welfare-enhancing instruments that benefit all parties. The article tests these theories by using a case study comparing free trade agreement negotiations that the United States recently concluded with a less developed country, Chile, and with …

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Looking Back Without Anger: Reflections On The Boston School Crisis, Robert Wood Mar 2005

Looking Back Without Anger: Reflections On The Boston School Crisis, Robert Wood

New England Journal of Public Policy

This article is taken from the unpublished autobiography of Robert Wood who served as Superintendent of Boston Public Schools from 1978 to 1980 during the difficult period when U.S. District Court Judge W. Arthur Garrity was overseeing court ordered desegregation of schools. After leaving the University of Massachusetts in January 1978, Robert Wood spent six months at the Harvard Graduate School of Education working on a book and considering a possible run for the United States Senate. Suggestion as to his next assignment, however, came from an unexpected source, as he describes below.

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Book Review: Madam Secretary, Dru Stevenson Mar 2005

Book Review: Madam Secretary, Dru Stevenson

ExpressO

Review of Madeline Albright's Memoirs

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Volume 1, Number 3 - March 17, 2005 Mar 2005

Volume 1, Number 3 - March 17, 2005

Black and White

Black and White was a short-run independently-affiliated political newsletter published by students of Providence College. The print edition was an accompaniment to the "Black and White" blog created by the editors. (Volume 1, Issue 3 - March 17, 2005 - 6 pages total.)

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The Opacity Of Transparency, Mark Fenster Mar 2005

The Opacity Of Transparency, Mark Fenster

ExpressO

The normative concept of transparency, along with the open government laws that purport to create a transparent public system of governance promise the world—a democratic and accountable state above all, and a peaceful, prosperous, and efficient one as well. But transparency, in its role as the theoretical justification for a set of legal commands, frustrates all parties affected by its ambiguities and abstractions. The public’s engagement with transparency in practice yields denials of reasonable requests for essential government information, as well as government meetings that occur behind closed doors. Meanwhile, state officials bemoan the significantly impaired decision-making processes that result …

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Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis Mar 2005

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …

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State Legislation As A Fulcrum For Change: Wisconsin's Public Sector Labor Law, And The Revolution In Politics And Worker Rights, Joseph E. Slater Mar 2005

State Legislation As A Fulcrum For Change: Wisconsin's Public Sector Labor Law, And The Revolution In Politics And Worker Rights, Joseph E. Slater

ExpressO

The rise of public sector unions is one of the most significant but least examined movements for legal rights and social change. Through the 1950s, government employees typically had no right to bargain collectively or even to organize unions–rights often regarded as fundamental human rights–and public sector unions were small and relatively powerless. Yet today, unions represent more than 40 percent of all public workers, government employees make up about 40 percent of the entire U.S. labor movement, and public sector unions are among the strongest political advocacy groups in the country. This became possible only through a revolution of …

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Social Security, Generational Justice, And Long-Term Deficits, Neil H. Buchanan Mar 2005

Social Security, Generational Justice, And Long-Term Deficits, Neil H. Buchanan

Rutgers Law School (Newark) Faculty Papers

This paper assesses current methods for evaluating the long-term viability and desirability of government activities, especially Social Security and other big-ticket budget items. I reach four conclusions: (1) There are several simple ways to improve the current debate about fiscal policy by adjusting our crude deficit measures, improvements which ought not to be controversial, (2) Separately measuring Social Security’s long-term balance is inappropriate and misleading, (3) The methods available to measure very long-term government financing (Fiscal Gaps and their cousins, Generational Accounts) are of very limited value in setting public policy today, principally because there is no reliable baseline of …

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Judicial Selection As . . . Talk Radio, Michael J. Gerhardt Mar 2005

Judicial Selection As . . . Talk Radio, Michael J. Gerhardt

University of Richmond Law Review

No abstract provided.

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Race, Trust, Altruism, And Reciprocity, George W. Dent Jr. Mar 2005

Race, Trust, Altruism, And Reciprocity, George W. Dent Jr.

University of Richmond Law Review

No abstract provided.

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Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman Mar 2005

Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman

University of Richmond Law Review

No abstract provided.

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Standards Of The Supreme Court, John Cornyn Mar 2005

Standards Of The Supreme Court, John Cornyn

University of Richmond Law Review

No abstract provided.

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A Positive Theory Of The War Powers Constitution, Jide O. Nzelibe Feb 2005

A Positive Theory Of The War Powers Constitution, Jide O. Nzelibe

ExpressO

This Article explores the division of war-making authority between the President and Congress through the prism of positive political theory. For the most part, the scholarly treatment of the war-powers debate has been normative with various commentators offering various textual or functional accounts of what the proper allocation of war-making authority should be. This Article provides a positive account of the war-making powers by focusing on the domestic political constraints that the political branches face in the context of an imminent international crisis. This Article argues that the presidential decision to seek congressional authorization is determined by a two-level strategic …

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What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu Feb 2005

What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu

ExpressO

Over the thirty-seven years since its publication, Garden Hardin's "Tragedy of the Commons" has clearly become one of the most influential writings of all time. The tragedy of the commons is one of those rare scholarly ideas that has had an enormous impact in academia and is also commonly used outside of academia. In legal scholarship, the tragedy of the commons has been used to characterize a wide variety of resource problems, including intellectual property rights, overcrowding of telecommunications spectra, air and water pollution, and of course, the classic environmental commons problem, overfishing. But I suggest this embarrassment of citation …

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Awakening An Empire Of Liberty: Exploring The Roots Of Socratic Inquiry And Political Nihilism In American Democracy, Maurice R. Dyson Feb 2005

Awakening An Empire Of Liberty: Exploring The Roots Of Socratic Inquiry And Political Nihilism In American Democracy, Maurice R. Dyson

ExpressO

This book review timely examines Cornel West’s latest sequel to his 1992 best seller, Race Matters. In Democracy Matters, West unflinchingly examines the waning of democratic energies and nihilistic practices of private and public sector in our present age of democracy. This review takes a critical examination of the logic underpinning West’s arguments, his nomenclature of various nihilism plaguing our society, the sometimes clumsy employment of literary devices and his thesis regarding the ‘niggerization’ of America after 9/11 that can serve as a basis for unifying collective action against imperialism. West makes a compelling argument that the public needs to …

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Volume 1, Number 2 - February 17, 2005 Feb 2005

Volume 1, Number 2 - February 17, 2005

Black and White

Black and White was a short-run independently-affiliated political newsletter published by students of Providence College. The print edition was an accompaniment to the "Black and White" blog created by the editors. (Volume 1, Issue 2 - February 17, 2005 - 6 pages total.)

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‘More Loophole Than Law’: A Case For The Repeal Of I.R.C. § 527, Mark E. Schlegel Feb 2005

‘More Loophole Than Law’: A Case For The Repeal Of I.R.C. § 527, Mark E. Schlegel

ExpressO

This note advocates the repeal of I.R.C. § 527, which provides a tax exemption for organizations involved in election-related activity. The groups which operated under § 527 in the 2004 election include the Swift Boat Veterans for Truth, MoveOn.org, and American Coming Together. The note discusses how § 527 escaped regulation under both the Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002 (popularly known as McCain-Feingold). It examines the political reasons why the Federal Election Commission has not attempted to reform § 527. As a result, 527 groups have acted largely without federal oversight …

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Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion Feb 2005

Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion

ExpressO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …

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Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee Jan 2005

Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee

College of Law - Faculty Scholarship

In the United States, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted - and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politics, how can one be sure that all the talk of law is not just mummery designed to disguise the pursuit of partisan …

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Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz Jan 2005

Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz

Ledewitz Papers

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

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The Present And Future Of Federalism, Bruce Ledewitz Jan 2005

The Present And Future Of Federalism, Bruce Ledewitz

Ledewitz Papers

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

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Book Review Of 'Towards A Democratic Nepal: Inclusive Political Institutions For A Multicultural Society' By Mahendra Lawoti, Susan Hangen Jan 2005

Book Review Of 'Towards A Democratic Nepal: Inclusive Political Institutions For A Multicultural Society' By Mahendra Lawoti, Susan Hangen

HIMALAYA, the Journal of the Association for Nepal and Himalayan Studies

No abstract provided.

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The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer Jan 2005

The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer

Fordham Urban Law Journal

The article begins with a brief introduction to McCain-Feingold which restricts "coordination" and intends to enforce limits on contributions to candidates and parties. It then goes through a history of coordination. It then goes through some aspects of McCain-Feingold and concludes by stating the aftermath of McCain-Feingold and how its rules are meant to provide order to politics.

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Stomaching The Burden Of Dietary Supplement Safety: The Need To Shift The Burden Of Proof Under The Dietary Supplement Health And Education Act Of 1994, Morgan J. Wais Jan 2005

Stomaching The Burden Of Dietary Supplement Safety: The Need To Shift The Burden Of Proof Under The Dietary Supplement Health And Education Act Of 1994, Morgan J. Wais

Seattle University Law Review

This article gives a brief historical perspective on dietary supplement regulation and discusses the evolution of drug regulation by the FDA. Part II concludes with a discussion of the political environment in which these regulations occur. Part III gives examples and show how the current system has caused injury and harm to consumers of dietary supplements. Part IV discusses the current burden of proof and how it was applied in the case of ephedra. Part V discusses how, under the current regulatory structure, consumers cannot be adequately protected, either by the FDA or the tort system. Part VI discusses the …

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Soul Shakedown: The Politics Of Soul Music, Melanie Catherine Young Jan 2005

Soul Shakedown: The Politics Of Soul Music, Melanie Catherine Young

UNLV Retrospective Theses & Dissertations

This thesis demonstrates the value of the 'hegemonic' theory of politics as a basis for the discussion of the importance of commercially popular music in the political socialization process. The theoretical foundations of popular music studies are considered, the existing literature on popular soul music is reviewed, and an analysis of the lyrics of primarily popular soul songs from 1965 to 1975 is presented. The content analysis suggests that the conception of the black man as described by the whites served a hegemonic function in the culture of African-Americans. However, popular soul music lyrics of the 1960s and 1970s vocalized …

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