Digital Commons Network^™

The Civil Rights Act Of 1964 And Coalition Politics, Sheryll D. Cashin

Saint Louis University Law Journal

No abstract provided.

Governor Kathleen Babineaux Blanco: Her Press Strategies And The Local Press, Brecke Megan Latham

LSU Master's Theses

This thesis focuses on Louisiana Governor Kathleen Babineaux Blanco’s press strategies. The first section of the paper provides the standard and documented description of the role and press strategy for a governor. The second section provides a background of the responsibility of the press within a democratic society in the context of the Social Responsibility Theory. The third section examines what elements define a press/politico relationship and what defines positive and negative aspects related to this type of relationship. This research utilizes a qualitative research design, including in-depth interviews, participatory observation/field notes and case studies. Perceptions, derived from the governor’s …

Exploring Classical And Contemporary Conception Of Ethos Applied Case-The Rhetorical Ethos Of President George W. Bush, Bobby J. Antrobus

Theses and Dissertations

By exploring classical and contemporary conceptions of rhetorical ethos, this thesis assembles theories of analysis and then applies them in the form of rhetorical analysis of the rhetorical ethos exhibited by President George W. Bush in his presidential speeches. The theoretical investigation reveals the extensive use of the ethical appeal in all manner of rhetorical situations in the contemporary world but especially focuses on how political rhetoric has come to rely predominantly on this persuasive appeal. The study examines several speeches given by President Bush and concludes that his success as president is attributed largely to the sophisticated rhetorical strategies …

Social Citizen As “Guest Worker”: A Comment On Identities Of Immigrants And The Working Poor, Frank W. Munger

NYLS Law Review

No abstract provided.

Democratic Responses To Terrorism: A Comparative Study Of The United States, Israel, And India, Arunabha Bhoumik

Denver Journal of International Law & Policy

No abstract provided.

Neotrusteeship In Iraq, Tim Melvin

Human Rights & Human Welfare

This section deals with literature that examines the role and effectiveness of the Coalition Provisional Authority (CPA) in administering Iraq from 2003 till 2004. Foreign rule plays an important role in developing failed state’s infrastructure and institutions. By examining critical elements of the CPA’s administration, this section focuses on the overall success and failures of the CPA administrative capacity, and what this means for the future of Iraq’s new government. Since the cessation of the CPA, the Iraqi government has had its ups and downs and is still heavily reliant on the American presence. But some positive elements have been …

Constitutional Law As Political Spoils, William P. Marshall

Faculty Publications

No abstract provided.

The First Amendment's Biggest Threat, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney

The Ohio State University Moritz College of Law Working Paper Series

This article contributes to an ongoing debate about the feasibility and desireability of measuring the "merit" of appellate judges--and their consequent Supreme Court potential--by using objective performance variables. Relying on the provocative and controversial "tournament criteria" proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the "Supreme Court potential" of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two men's careers on the …

Legal Pragmatism, An Ideal Speech Situation, And The Fully Embodied Democratic Process, Dmitri N. Shalin

Nevada Law Journal

No abstract provided.

Hope And Misgiving About Lawyers, Consensus-Building, And Social Problem-Solving, Jennifer Gerarda Brown

Nevada Law Journal

No abstract provided.

Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

The Bright Future Of Gay Marriage, Bruce Ledewitz

Ledewitz Papers

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

Without Locke Or Lenin* The Impact Of Resurgent Islam On International Politics/ Mohamad Abu Bakar, Mohamad Abu Bakar

Archival Material (2000s)

Contemporary international politics is essentially the function of the interaction between the West and its global strategic environment. The Western mind always has been the directing force. The Lockean idea of the Commonwealth with its inherent war and peace attributes, and the Leninist conception of the world with its emphasis on capitalism and class conflict, are but different manifestations of the Western post-Enlightenment universalism.1 Colonialism and imperialism were mainly European preoccupations, and even with the best of intentions, as encapsulated in the Kipling's version of the "white man's burden", European nations had emerged as predatory states whose activities led to …

Essay: New Political And Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively, Maxim Thorne

ExpressO

Maxim Thorne, a Yale Law School Graduate of 1992, writes an essay derived from his address delivered on October 1, 2004 at the thirty-fifth anniversary of the African-American Cultural Center at Yale University, entitled "New Political and Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively." He presents Seven Strategies that African Americans should use to secure power and justice in America: 1) Go Home, 2) Public Schools Aren’t Our Only Option and other paradigm shifting legal arguments 3) Draw On the Power of Older Women of Color, 4) Network Your Heart Out, Giving Time, Advice, and Money, 5) Honor Our …

Rethinking Regulatory Democracy, Mariano-Florentino Cuellar

ExpressO

This article empirically examines democratic participation in three different regulatory proceedings, involving financial privacy, nuclear regulation, and campaign finance. It then uses that analysis to critique -- and suggest alternatives to -- existing mechanisms to achieve public participation in the regulatory state. The current mechanism for structuring public participation in regulatory decisions (or “regulatory democracy”) relies on demand-driven procedures like the Administrative Procedure Act’s notice and comment process. Organized interests and others who decide they have sufficient resources and interest to do so comment on regulations. While some observers consider this process close to ideal, others instead seem to accept …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In this issue, special guest editors, Elaine Werby and Donna Haig Friedman, assemble an array of distinguished scholars, policymakers, community activists and political advocates to examine the interaction of the economic, political, and social “flows,” the undercurrents of history that stymied the war on poverty. Their articles and essays chart the beachheads that must be secured before the war can be successfully resumed; No war, they collectively remind us, is won without some battles being lost. You do not secure the future of the country if you abandon the principles of equity and equality for all, the bedrock of the …

Devolution: The Retreat Of Government, Judith Kurland

New England Journal of Public Policy

Devolution as practiced in much of the world is decentralization of program authority and responsibility to achieve greater administrative efficiency or program standards. Devolution as practiced by the Bush administration and the Republican Congress is not that, nor is it a diminution of federal power and the strengthening of states’ rights. Rather, it is a radical restructuring of government to prevent the expenditure of funds for traditional Democratic programs of the New Deal and the Great Society, and to prohibit states from being either more generous in social programs or more stringent in regulating industry than this administration desires.

Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas J. Cmar

ExpressO

Political contribution incentive programs are a promising, under-explored means to address the problem of political equality in the American system of campaign finance. If properly designed, these programs -- which include tax credits, refunds, and vouchers -- could allow all Americans to participate on an equal basis in the crucial early-stage decisions that determine which candidates decide to run and are able to compete effectively. This article, written on behalf of U.S. PIRG, proposes a tax credit for political contributions as a first step toward building a "small donor democracy."

A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift

ExpressO

In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?

This article discusses the competing theories and concludes that a remedy that violates state law may …

A Case Study In The Banning Of Political Parties: The Pan-Arab Movement El Ard And The Israeli Supreme Court, Ron Harris

ExpressO

Attempts to outlaw political groups that are alleged to approve the use of violence, to limit the expression of views that challenge the core values of democratic nation-states, and to ban radical, separatist, or religious political parties are more widespread in recent years than at any other time since 1945. They gave rise in the last few years to litigation in Constitutional Courts and Supreme Courts in Spain, Germany, Turkey, France, Israel, and Latvia, as well as in the European courts.

The present article tells the story of the encounter in the years 1959-1965 between the Pan-Arab national movement El …

Shakedown At Gucci Gulch: A Tale Of Death, Money & Taxes, Edward J. Mccaffery, Linda R. Cohen

ExpressO

Ever since Mancur Olson's The Logic Of Collective Action was published in 1965, if not before, the traditional conception of politics in Western democracies has given pride of place to special interests -- small groups with high stakes -- seeking favors from legislators. These groups are able to solve the coordination and free-rider problems that plague larger group interests, and get their way in Congress and other legislative bodies by doling out campaign contributions and other benefits. The groups are the predator, legislators the prey. In this article we argue that in an important range of cases, the traditional conception …

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, …

Archival Chronicle: Vol 23 No 2, Bowling Green State University. Center For Archival Collections

Archival Chronicle

History of local politics and descriptions of related collections

Role Of Politics And Economy In The Worsening Of Water Related Problems In Kerala, India, K. Shadananan Nair

International Congress on Environmental Modelling and Software

Globally, water resources are being fast depleted or deteriorated, while the demands are increasingmanifold. Water resources management is becoming a greater challenge in the developing countries withchanging environmental, political, social and economic conditions. Politics and shadow economy are amongmajor hurdles in resource management, making implementation of projects and policy guidelines often a failure.The State of Kerala in India is rich in water resources, but it experiences serious seasonal water shortagesbecause of inefficient water conservation and management practices, an after effect of the slow governmentmachinery and corruption. Delays in project completion lead to substantial increase in costs and many projectsare left …

Just Do It, Girardeau A. Spann

Law and Contemporary Problems

No abstract provided.

Left Out, Louis Michael Seidman

Law and Contemporary Problems

Seidman presents information on the collapse of the progressive left's position on criminal justice. The faltering of the left in this area is due to inherent contradictions in their position which have weakened their stance overall.

Diamond V. Chakrabarty: Gauging Congress’ Response To Dynamic Statutory Interpretation By The Supreme Court , Anna E. Lumelsky

ExpressO

In this article, I consider the 1980 Supreme Court decision, Diamond v. Chakrabarty, and Congress’ response to it in light of several contemporary views on statutory interpretation. I conclude that in science and technology-related cases in which delay could significantly hamper the advancement of the field, the Supreme Court should interpret federal statutes dynamically in response to a changing social context, but should also attempt to conform its interpretations to legislative preferences in order to avoid a legislative override.

Voting And The Spirit Of Democracy, Daniel C. Schofield, Russell J. Desimone, Editor

Technical Services Faculty Publications

This book is published in conjunction with Voting and the Spirit of Democracy, an exhibition held at the University Library, University of Rhode Island 2004.

Fuel Efficiency: The Disconnect Between Environmental Policy And Tax Policy, John J. Marciano

ExpressO

The recent high gas prices in America have intensified the debate over oil and gas efficiency, use, and reserves. As the national average for a gallon tops $2.10, Congress and the President strive to find a common position to foster energy independence, protect the environment, and bolster the struggling economy.

President Bush’s energy policy and recent Senate and House bills have not contemplated their effects on the environmental state of our nation or its impact on the internal revenue code. In this time of uncertainty, energy independence and measured use of resources may be at odds, but must we stray …