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Full-Text Articles in Law
"Linguistic Cleansing": Strategies For Redesigning Human Perception And Behavior, David Barnhizer
"Linguistic Cleansing": Strategies For Redesigning Human Perception And Behavior, David Barnhizer
David Barnhizer
James Madison recognized the need to balance competing interests in his analysis of factious groups. In Federalist No. 10, Madison sets out the idea of faction in the following words. “By a faction I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Madison goes on to describe two “cures” for faction. One is to “destroy the liberty” that allows it to bloom, …
The Politicization Of Judicial Elections And Its Effect On Judicial Independence, Matthew W. Green Jr., Susan J. Becker, Marsha K. Ternus, Camilla B. Taylor
The Politicization Of Judicial Elections And Its Effect On Judicial Independence, Matthew W. Green Jr., Susan J. Becker, Marsha K. Ternus, Camilla B. Taylor
Cleveland State Law Review
This article presents the proceedings of the Cleveland-Marshall College of Law Symposium, The Politicization of Judicial Elections and Its Effect on Judicial Independence and LGBT Rights, held October 21, 2011. The idea for the conference stemmed from the November 2010 Iowa judicial election, in which three justices were voted out of office as a result of joining a unanimous ruling, Varnum v. Brien, that struck down, on equal protection grounds, a state statute limiting marriage rights to heterosexual couples. The conference addresses whether the backlash that occurred in Iowa after the Varnum decision might undermine judicial independence in jurisdictions where …
The Origins Of American Democracy, Or How The People Became Judges In Their Own Causes, The Sixty-Ninth Cleveland-Marshall Fund Lecture , Gordon S. Wood
The Origins Of American Democracy, Or How The People Became Judges In Their Own Causes, The Sixty-Ninth Cleveland-Marshall Fund Lecture , Gordon S. Wood
Cleveland State Law Review
The awesome power of this democratic polity, with people becoming judges in their own causes, was such that our political leaders over the past two centuries have struggled to constrain and mitigate its effects. In fact, that is what our current concern with campaign financing is all about. From the very beginning of our national history we Americans have used a variety of devices and institutions to immunize ourselves from the harmful consequences of too much democracy, too much factious promotion of private interests in the name of the people. No doubt the most important of these devices has been …