Law Commons^™

Judicial Independence, William H. Rehnquist

University of Richmond Law Review

No abstract provided.

Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller

Washington and Lee Law Review

No abstract provided.

Enemies Foreign And Domestic: A Historical Look At The Use Of Military Commissions By The United States And The Case For Using Them Against American Citizens, James T. Barnett

ExpressO

An historical look at the use of Military Commissions by the United States of America. This article examines the constitutional powers to use Military Commissions as well as the limitations on such commissions.

It also examines the use of these commissions against American citizens and argues that they are proper in certain circumstances. The limitations set out by the Supreme Court are eroded to the point of being void.

The article goes on to examine the cases of John Walker Lindh and Yasser Hamdi to show that Military Commissions are the proper forum for such cases.

Mixed Signals: Reconsidering The Political Economy Of Judicial Deference To Administrative Agencies, Matthew C. Stephenson

ExpressO

This paper investigates rational choice explanations for patterns of Supreme Court decision-making with respect to the appropriate level of judicial deference to administrative agency decisions. In particular, I assess empirically the thesis that the Supreme Court expands deference when the Supreme Court is ideologically closer to the executive than to the circuit courts, and contracts deference when the opposite is true. I find little to no evidence supporting this "rational choice" theory of judicial deference. Given this surprising null finding, I offer alternative explanations for the data and suggest directions for future research.

The Effects Of Ballot Position On Election Outcomes, Jonathan G.S. Koppell, Jennifer A. Steen

Publications from President Jonathan G.S. Koppell

This article presents evidence of name-order effects in balloting from a study of the 1998 Democratic primary in New York City, in which the order of candidates' names was rotated by precinct. In 71 of 79 individual nominating contests, candidates received a greater proportion of the vote when listed first than when listed in any other position. In seven of those 71 contests, the advantage to first position exceeded the winner's margin of victory, suggesting that ballot position would have determined the election outcomes if one candidate had held the top spot in all precincts.

Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin

ExpressO

Discussion of marijuana decriminalization efforts by Canadian government and comparison of United States/Canadian drug legislation and healthcare. Public policy justifications are discussed as well as medical marijuana and effects of drug use on the two countries' prison and healthcare systems.

Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar

ExpressO

This Article presents an empirical, doctrinal, and theoretical critique of public engagement in the modern administrative state. The legitimacy of the administrative state depends on the claim that it provides opportunities for public engagement as well as a mechanism for expert scientific decisionmaking. A typical rulemaking proceeding lets experts make technical judgments about terrorism, transportation, or telecommunications subject to court review guarding against arbitrariness. The whole process is then enmeshed in a system that is supposed to provide engagement – and therefore democratic accountability -- through presidential appointments and control, congressional oversight, and the public notice-and-comment process. This existing approach …

Justice Harlan’S Law And Democracy, Bruce Ledewitz

Ledewitz Papers

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

False Campaign Speech And The First Amendment, William P. Marshall

Faculty Publications

No abstract provided.

A Constitution For Everyone, Bruce Ledewitz

Ledewitz Papers

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

Indigenous Voices And American Politics, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

President [Bush], in a convoluted response to a question on the meaning of tribal sovereignty (essentially the inherent right of indigenous nations to self-governance) posed by a minority journalist on August 6, told the 7,500 assembled journalists that "tribal sovereignty means that it's sovereign. You're a—you've been given sovereignty and you're viewed as a sovereign entity. And therefore the relationship between the federal government and tribes is one between sovereign entities."

Nevertheless, these two statements by the leading presidential candidates are big deals for Indian nations. They provide a measure of overt national political recognition for several of the most …

Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman

Fordham Law Review

No abstract provided.

Gender, Justice And Gender: An Unfinished Debate, Susan Moller Okin

Fordham Law Review

No abstract provided.

Gender, Why Feminists Can't (Or Shouldn't) Be Liberals, Tracy E. Higgins

Fordham Law Review

No abstract provided.

Race And Ethnicity, Race, Labor, And The Fair Equality Of Opportunity Principle, Seana Valentine Shiffrin

Fordham Law Review

No abstract provided.

Race And Ethnicity, Race, Face, And Rawls, Anita L. Allen

Fordham Law Review

No abstract provided.

Race And Ethnicity, Race And Social Justice: Rawlsian Considerations, Tommie Shelby

Fordham Law Review

No abstract provided.

What Self-Governing Peoples Owe To One Another: Universalism, Diversity, And The Law Of Peoples, Stephen Macedo

Fordham Law Review

No abstract provided.

The Incoherence Between Rawls's Theories Of Justice, Thomas W. Pogge

Fordham Law Review

Would it be desirable to reform the global institutional order in conformity with the principles Rawls defends in A Theory on Justice? Rawls himself denies this and proposes a different moral theory (The Law of Peoples) for the relations among self-governing peoples. While sharing a questionable, purely recipient-oriented approach, his two theories differ importantly in substance and structure. The former gives weight only to the interests of individual persons, yet the latter gives no weight to these interests at all. The former theory is three-tiered and institutional, centering on a public criterion of justice that is justified through a contractualist …

The Law Of Peoples, Distributive Justice, And Migrations, Seyla Benhabib

Fordham Law Review

No abstract provided.

Rights, Reality, And Utopia, Martin S. Flaherty

Fordham Law Review

No abstract provided.

Tort, Ripstein, Rawls, And Responsibility, Stephen Perry

Fordham Law Review

No abstract provided.

Tort, Rawls In Tort Theory: Themes And Counter-Themes, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.

Tort, Rawlsian Fairness And Regime Choice In The Law Of Accidents, Gregory C. Keating

Fordham Law Review

No abstract provided.

What Does A Fair Society Owe Children - And Their Parents?, Anne L. Alstott

Fordham Law Review

No abstract provided.

Theories Of Distributive Justice And Limitations On Taxation: What Rawls Demands From Tax Systems, Linda Sugin

Fordham Law Review

No abstract provided.

Comments: Individual Versus Collective Responsibility, Thomas Nagel

Fordham Law Review

No abstract provided.

Public Reason And Precluded Reasons, Dennis F. Thompson

Fordham Law Review

No abstract provided.

Public Reason And Political Justifications, Samuel Freeman

Fordham Law Review

No abstract provided.

On Actualizing Public Reason, Michael Baur

Fordham Law Review

In this Essay, I examine some apparent difficulties with what I call the "actualization criterion" connected to Rawls's notion of public reason, that is, the criterion for determining when Rawlsian public reason is concretely actualized by citizens in their deliberating and deciding about constitutional essentials and matters of basic justice. While these apparent difficulties have led some commentators to reject Rawlsian public reason altogether, I offer an interpretation that might allow Rawlsian public reason to escape the difficulties. My reading involves the claim that Rawlsian public reason is to be understood essentially as an imperative or an ideal, and as …