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Articles 1 - 21 of 21
Full-Text Articles in Law
Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green
Transparency Rules In U.S. Elections Need Updating To Reflect 21st Century Realities, Rebecca Green
Popular Media
No abstract provided.
The Highly Political Supreme Court, Riley Lane Munks
The Highly Political Supreme Court, Riley Lane Munks
Student Scholar Symposium Abstracts and Posters
This paper investigates whether Republicans or Democrats support a strong Supreme Court and why. Furthermore, by analyzing data from the 2012 American National Election Survey, I will study support of the court based on gender, age, and race. Since the early 1980’s the court has taken a strong conservative direction, to the dismay of many liberals. Republicans feel comfortable sending a congressional dispute to the courts while Democrats may feel disenfranchised with the judicial process. I also believe that younger people believe the court is an outdated method of making laws and interpreting the constitution. Originally the Supreme Court was …
Discovering A Gold Mine Of U.S. Government Information: Exploring The Hathitrust Catalog And Its Rich Veins, Bert Chapman
Discovering A Gold Mine Of U.S. Government Information: Exploring The Hathitrust Catalog And Its Rich Veins, Bert Chapman
Libraries Faculty and Staff Presentations
The Hathitrust Catalog provides researchers at member institutions with exponentially expanded access to historical U.S. Government information resources. This presentation describes how researchers can use this resource to conduct substantive research using government information resources on public policy issues such as Internal Revenue Service program problems, infectious diseases such as Ebola, and U.S. foreign relations with the former Soviet Union/Russian Federation.
Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz
Paid Family Leave, Rachel-Lyn Longo, Shanna Pearson-Merkowitz
Senior Honors Projects
Paid Family Leave policies are rare in the United States. Around the world, one hundred and eighty-two countries provide some form of paid maternity leave, and seventy countries also offer paid paternity leave. It is estimated that only 36 percent of U.S. employees have access to paid leave if they get sick, a policy that is almost universal in other developed countries, and only 12 percent of employees have access to paid family leave. Presently, just three states have implemented Paid Family Leave (PFL) to help offset the cost of time taken off of work to care for a newborn …
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …
Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun
Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun
Student Publications
This paper analyzes the changes in immigration policy since the terrorist attacks of September 11, 2001 in terms of how immigrants are viewed in the United States. The goal is to address the recent criminalization of immigration in that the perceptions of terrorists and immigrants have become relatively synonymous since 2001. Although deportations have decreased, immigrant detention has increased significantly. Detention centers pose threats to the basic human rights of the immigrants residing in them, as well as perpetuate the culture of fear enveloping recent immigrants, whether they are legally or illegally in the country, and native United States citizens …
Trade, Bert Chapman
Trade, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.
Revenue, U.S. Government, Bert Chapman
Revenue, U.S. Government, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of U.S. Government revenue receipts and spending during the early years of national history. Presents revenue generation statistics, information on revenue sources, and information on domestic and international political and economic factors affecting government revenue receipts.
Ban The Bag: Narragansett, Emma E. Meyer
Ban The Bag: Narragansett, Emma E. Meyer
Senior Honors Projects
Rhode Island, the smallest state in the country at 37 miles wide and 48 miles long, rightfully earns its nickname “The Ocean State” when considering the 400 miles of shoreline constituting Narragansett Bay. Despite the obvious necessities of sustaining a healthy bay within a state known for its beaches, at present day one would be challenged to walk along the Narragansett Sea Wall without spotting a plastic bag floating in or around the neighboring coastline. Not only are these bags an eye soar and a nuisance to Narragansett – a community whose financial prosperity is highly reliant upon its summer …
Voter Identification Laws: The Cost Of Voting And Voter Participation, Isaac Lindstrom
Voter Identification Laws: The Cost Of Voting And Voter Participation, Isaac Lindstrom
Celebrating Scholarship & Creativity Day (2011-2017)
No abstract provided.
Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow
Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow
Cornell Law Faculty Publications
Since the 1980s, social movement scholars have investigated the dynamic of movement/countermovement interaction. Most of these studies posit movements as initiators, with countermovements reacting to their challenges. Yet sometimes a movement supports an agenda in response to a countermovement that engages in what we call “anticipatory countermobilization.” We interviewed ten leading LGBT activists to explore the hypothesis that the LGBT movement was brought to the fight for marriage equality by the anticipatory countermobilization of social conservatives who opposed same-sex marriage before there was a realistic prospect that it would be recognized by the courts or political actors. Our findings reinforce …
Federalism And Subnational Political Community, James A. Gardner
Federalism And Subnational Political Community, James A. Gardner
Journal Articles
No abstract provided.
Review Of Federal Dynamics: Continuity, Change, And The Varieties Of Federalism, Arthur Benz And Jorg Broscheck, Eds. (2013), James A. Gardner
Review Of Federal Dynamics: Continuity, Change, And The Varieties Of Federalism, Arthur Benz And Jorg Broscheck, Eds. (2013), James A. Gardner
Book Reviews
No abstract provided.
In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro
In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro
Student Articles and Papers
Starting in August 2011, America has undergone a series of fiscal and political crises surrounding the threat of defaulting on the national debt and the need to raise the debt ceiling. These crises have caused tremendous stress and irreparable harm to our financial markets and political system, causing a downgrade in United States debt for the first time in history, forcing drastic budget cuts, and contributing to a sixteen-day government shutdown this past October. What is most unfortunate, however, is that all of this was preventable for the simple reason that, as a matter of constitutional law, defaulting on the …
Corruption Temptation, Guy-Uriel Charles
Corruption Temptation, Guy-Uriel Charles
Faculty Scholarship
In response to Professor Lawrence Lessig’s Jorde Lecture, I suggest that corruption is not the proper conceptual vehicle for thinking about the problems that Professor Lessig wants us to think about. I argue that Professor Lessig’s real concern is that, for the vast majority of citizens, wealth presents a significant barrier to political participation in the funding of campaigns. Professor Lessig ought to discuss the wealth problem directly. I conclude with three reasons why the corruption temptation ought to be resisted.
None Of The Laws But One, Neil S. Siegel
None Of The Laws But One, Neil S. Siegel
Faculty Scholarship
This Symposium contribution explores differences in how congressional Republicans responded to Medicare and how they responded to the Patient Protection and Affordable Care Act (ACA). Given the narrowness of the constitutional challenges to the ACA that congressional Republicans promoted and the many federal taxes, expenditures, and regulations that they support, this Article rejects the suggestion that today's Republicans in Congress generally possess a narrow view of the constitutional scope of federal power. The Article instead argues that congressional Republicans then and now-and the two parties in Congress today-fracture less over the constitutional expanse of congressional authority and more over the …
Performance Track’S Postmortem: Lessons From The Rise And Fall Of Epa’S “Flagship” Voluntary Program, Cary Coglianese, Jennifer Nash
Performance Track’S Postmortem: Lessons From The Rise And Fall Of Epa’S “Flagship” Voluntary Program, Cary Coglianese, Jennifer Nash
All Faculty Scholarship
For nearly a decade, the United States Environmental Protection Agency (“EPA”) considered its National Environmental Performance Track to be its “flagship” voluntary program — even a model for transforming the conventional system of environmental regulation. Since Performance Track’s founding during the Clinton Administration, EPA officials repeatedly claimed that the program’s rewards attracted hundreds of the nation’s “top” environmental performers and induced these businesses to make significant environmental gains beyond legal requirements. Although EPA eventually disbanded Performance Track early in the Obama Administration, the program has been subsequently emulated by a variety of state and federal regulatory authorities. To discern lessons …
Public Assistance, Drug Testing, And The Law: The Limits Of Population-Based Legal Analysis, Candice T. Player
Public Assistance, Drug Testing, And The Law: The Limits Of Population-Based Legal Analysis, Candice T. Player
All Faculty Scholarship
In Populations, Public Health and the Law, legal scholar Wendy Parmet urges courts to embrace population-based legal analysis, a public health inspired approach to legal reasoning. Parmet contends that population-based legal analysis offers a way to analyze legal issues—not unlike law and economics—as well as a set of values from which to critique contemporary legal discourse. Population-based analysis has been warmly embraced by the health law community as a bold new way of analyzing legal issues. Still, population-based analysis is not without its problems. At times, Parmet claims too much territory for the population perspective. Moreover, Parmet urges courts …
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
All Faculty Scholarship
Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …
Behaviorism In Finance And Securities Law, David A. Skeel Jr.
Behaviorism In Finance And Securities Law, David A. Skeel Jr.
All Faculty Scholarship
In this Essay, I take stock (as something of an outsider) of the behavioral economics movement, focusing in particular on its interaction with traditional cost-benefit analysis and its implications for agency structure. The usual strategy for such a project—a strategy that has been used by others with behavioral economics—is to marshal the existing evidence and critically assess its significance. My approach in this Essay is somewhat different. Although I describe behavioral economics and summarize the strongest criticisms of its use, the heart of the Essay is inductive, and focuses on a particular context: financial and securities regulation, as recently revamped …