Digital Commons Network^™

The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …

The Struggle For Human Rights Versus Stability: The Chinese Communist Party And Western Values Clash, Erin E. Douglas

Denver Journal of International Law & Policy

No abstract provided.

Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe

LLM Theses and Essays

This thesis examines the factors that have prevented the development of an environmental protection legal and institutional regime in Tanzania. It argues that the central focus of economic reforms has been to kick-start the economy by increasing growth through the maximization of resource exploitation. As a result, concerns for environmental sustainability have been relegated to the periphery of the development agenda. Secondly, as a result of domestic resource scarcity brought on by the economic crisis, environmental policymaking has been held hostage to the influence of foreign donors whose agendas have often been at cross-purpose to environmental protection. Thirdly, the nature …

A Quiet Faith? Taxes, Politics, And The Privatization Of Religion, Richard W. Garnett

Journal Articles

The government exempts religious associations from taxation and, in return, restricts their putatively political expression and activities. This exemption-and-restriction scheme invites government to interpret and categorize the means by which religious communities live out their vocations and engage the world. But government is neither well-suited nor to be trusted with this kind of line-drawing. What's more, this invitation is dangerous to authentically religious consciousness and associations. When government communicates and enforces its own view of the nature of religion - i.e., that it is a private matter - and of its proper place - i.e., in the private sphere, not …

Looking Under The Hood And Tinkering With Voter Cynicism: Ross Perot And “Perspective By Incongruity”, Mari Boor Tonn, Valerie A. Endress

Rhetoric and Communication Studies Faculty Publications

This essay examines Ross Perot’s 1992 presidential bid as a comic catalyst for a reinvigorated view of civic responsibility. Despite the Texas maverick’s political naiveté and penchant for miscalculation, his very presence in the campaign reanimated Americans’ conception of grassroots democracy. By examining important and previously unexplored distinctions between planned and unplanned incongruity, we probe the means by which Perot invited consideration of alternative political perspectives and offered an appealing glimpse into a dormant, more deeply held democratic ideal.

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.

The Internet And Grassroots Politics: Nike, The Athletic Apparel Industry And The Anti-Sweatshop Campaign, Victoria Carty

Sociology Faculty Articles and Research

Carty examines ways in which the Internet has been employed to enhance political struggle in contemporary society. A case study of Nike Corp highlights the power and autonomy of transnational companies.

Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff, Samuel Issacharoff

University of Colorado Law Review

No abstract provided.

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

Publications

No abstract provided.

Politics And Denial, Pierre Schlag

Publications

No abstract provided.

Re-Valuing Lawyering For Middle-Income Clients, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Africa: Democratization, Cultural Pluralism, And The Challenge Of Political Order, Crawford Young

Macalester International

No abstract provided.

Restricting Public Employees' Political Activities: Good Government Or Partisan Politics?, Rafael Gely, Timothy D. Chandler

Faculty Publications

The article starts by reviewing, in Part II, the history of the regulation of political activities by public employees, and in Part III, the regulation of patronage. Part IV develops the argument that both sets of regulations, although justified on different grounds, are better understood as political control mechanisms. Part V provides some empirical evidence for this argument by examining voting patterns on federal legislation restricting public employees' political activities. Part VI discusses the relationship of these laws to public sector unionization. Part VII concludes the article.

The Death Of The Income Tax (Or, The Rise Of America’S Universal Wage Tax), Edward J. Mccaffery

Indiana Law Journal

The killing of the income tax has not been open and notorious: such is not the style of contemporary politics. As with other markers of progressive social policy—the promises of universal health care, Obamacare, come to mind6—the income tax is dying a death by stealth, albeit stealth played out in plain view. The plot lines of the tragedy are apparent. The individual “income” tax has been split in two. One tax, for the masses, is a simple, increasingly formless wage tax. This wage/income tax adds higher brackets onto the payroll tax, the model toward which the wage/income tax aims, to …

Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner

Journal Articles

In recent years, perhaps no institution of American governance has been so thoroughly and consistently excoriated by legal theorists as the familiar American system of winner-take-all elections. The winner-take-all system is said to waste votes, lead to majority monopolization of political power, and cause the under representation and consequent social and economic subordination of political minorities. Some political scientists have attempted to defend winner-take-all systems on the ground that they perform better than PR in maximizing long-term collective and social interests. This article argues, in contrast, that winner-take-all electoral systems rest upon, and can be adequately defended, if at all, …

Redeeming The City: Exploring The Relationship Between Church And Metropolis, Meredith Ramsay

New England Journal of Public Policy

The author calls attention to a neglected force in urban political life by highlighting how positivism undermined scholarly interest in cultural forces, particularly religion. She shows that although community organizing was formerly led by leftist radicals, today it is led by the church. Five factors contribute to the leading role of congregations in grassroots organizing and urban revitalization. Analysis and interpretation of these factors led the author to conclude that secularization and urban restructuring have left only the church with a sufficient moral and institutional presence in distressed urban neighborhoods to spearhead a return to more direct participatory forms of …

Political Culture And Women's Political Activity In Post Communist Ukraine A Case Study Of The 1994 Elections, Tonja M. Wilt

Graduate Program in International Studies Theses & Dissertations

This research identifies and examines two distinct political cultures in post-communist Ukraine, characterized by the presence of Soviet and non-Soviet influences. Soviet political culture is associated with East Ukrainian regions where Soviet policies of Russification, collectivization and urbanization were deeply entrenched. The non-Soviet political culture is present in Western Ukraine where said policies were least successful and the Ukrainian culture is more established.

The question posed in this thesis is: To what extent, if any, do regional political cultures influence women's political activity in Ukraine? This study focuses on the Soviet practice of appointing hundreds of women to the Supreme …

(Review) Wolfgang Burgdorf, Reichskonstitution Und Nation, Marc R. Forster

History Faculty Publications

No abstract provided.

Propaganda Analysis: The Personal Is Political, But The Political Is Personal, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes implications of a propaganda theme--viz., the personal is political.

Hegemon Rising: The Gap Between Turkish Strategy And Military Modernization, Michael Robert Hickok

The US Army War College Quarterly: Parameters

No abstract provided.

Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo

Michigan Law Review

William H. Rehnquist is not going to be Chief Justice forever - much to the chagrin of Republicans, no doubt. In the last century, Supreme Court Justices have retired, on average, at the age of seventy-one after approximately fourteen years on the bench. By the end of the term of the President we elect this November, Chief Justice Rehnquist will have served on the Supreme Court for thirty-two years and reached the age of eighty. The law of averages suggests that Chief Justice Rehnquist is likely to retire in the next presidential term. In addition to replacing Chief Justice Rehnquist, …

American Indians In Court: The Burger And Rehnquist Years, John R. Hermann

Political Science Faculty Research

The Supreme Court and individual justices' treatment of American Indian interests has generated relatively little scholarly attention. To fill this void in the extant literature, this study seeks to examine how American Indian interests fared before the Supreme Court of the United States during the Burger and Rehnquist Courts (1969-1992 October terms) and attempts to discern the factors influencing their treatment. The findings indicate that while American Indian interests won 48% of their cases, the Burger Court was much more sympathetic than the Rehnquist Court to the plight of this politically disadvantaged group. The error correcting strategy, the ideological proclivities …

When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee

Law and Contemporary Problems

In considering the guidance the executive branch of government has provided to resolve questions relating to religious freedom and the issue of church and state, Lee draws upon the positions of both the IRS and the President. Initially, he concludes that when the state requires churches committed to speaking truth in the public square to choose between publicizing their beliefs and remaining tax-exempt, it burdens the free exercise of religion.

Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton

Law and Contemporary Problems

Hamilton first examines Pres Bill Clinton's rhetoric, and then his Administration's actions to promote religious free exercise. She hopes to show that the Administration has integrated religious entities into administrative agenda-setting, which is consciously intended to serve religious ends.

The Culture Of Belief And The Politics Of Religion, William P. Marshall

Law and Contemporary Problems

Religion has stood at the center of the American stage during the years of Bill Clinton's presidency. Marshall argues that the political manifestation of religion is not confined to the instances when religion becomes involved in express political activity, such as lobbying or partisan politics, but rather, religion must be understood as a pervasive social force that has an inevitable political effect.

Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro

Seattle University Law Review

Therapeutic jurisprudence is a relatively young school of thought. One of its major attractions to the academic community has been its claim that society could use the law, both at the legislative and adjudicatory level, to promote the psychological well-being of those affected by the law. In this commentary, I want to share a little known decision of the Supreme Court of Puerto Rico regarding police persecution of political minorities. It is my contention that looking at this decision through the lens of therapeutic jurisprudence, one may discover a serious effort by the court to heal very divisive wounds on …

Politics, Religion, And The First Amendment, Mark W. Cordes

Faculty Articles, Papers, and Other Scholarship

This article examines some of the lesser-studied constitutional issues surrounding the religion-in-politics debate. Part I of the article examines the perceived relation of religion and politics at the nation's founding, focusing on two issues: 1) the role religion played in America's political vision at the time, and 2) the nature of church-state separation anticipated by the First Amendment. Part I does not attempt to resolve the numerous questions revolving around both of these issues, but rather simply examines the issue of religion and politics. On such a basis, this article argues that religion, though not the dominant vision, was certainly …

Russian Parenting Styles And Family Processes: Linkages With Subtypes Of Victimization And Aggression, Craig H. Hart, David A. Nelson, Clyde C. Robinson, Susanne F. Olson, Mary Kay Mcneilly-Choque, Christin L. Porter, Trevor R. Mckee

Faculty Publications

Political changes in the former Soviet Union have allowed social scientists to explore a variety of family and child development issues that were closed to systematic investigation for many decades (Maddock, Hogan, Antonov, & Matskovsky, 1994). Prior Soviet psychological research focused on cognitive rather than socioemotional processes for political reasons (Kerig, 1996). Therefore, Western researchers had little opportunity to conduct research on children’s social development in the context of the family in the former Soviet Union.

Prosecutorial Misuse Of The Federal Conspiracy Statute In Election Law Cases, Lance Cole, Ross Nabatoff

Faculty Scholarly Works

No abstract provided.

Ten Years Of Randomized Jurisprudence: Amending The Special Needs Doctrine, Robert D. Dodson

South Carolina Law Review

No abstract provided.