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Articles 1 - 11 of 11
Full-Text Articles in Law
A Tale Told By A President, Mark A. Graber
A Tale Told By A President, Mark A. Graber
Mark Graber
Part I of this essay makes the case for symbolic politics. Presidents often have political reasons for subjecting courts to mere words. Part II makes the case for constitutional hardball.
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Donald J. Kochan
This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …
Housing The Working Poor, Peter Dreier
Lessons From The Health-Care Wars, Peter Dreier
First They Came For Acorn, Peter Dreier
Manipulating The Public Agenda: Why Acorn Was In The News, And What The News Got Wrong, Peter Dreier, Christopher Martin
Manipulating The Public Agenda: Why Acorn Was In The News, And What The News Got Wrong, Peter Dreier, Christopher Martin
Peter Dreier
No abstract provided.
Warren Limmer, The Black Knight Of Minnesota's Marriage Equality Debate, Aaron J. Shuler
Warren Limmer, The Black Knight Of Minnesota's Marriage Equality Debate, Aaron J. Shuler
Aaron J Shuler
No abstract provided.
As With King George's Colonial Governors, Efms Breach The Social Compact, Brendan T. Beery
As With King George's Colonial Governors, Efms Breach The Social Compact, Brendan T. Beery
Brendan T Beery
Op ed piece about Michigan EFMs and the social compact
Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz
Don’T’ Know Much About History: Constitutional Text, Practice, And Presidential Power, David A. Schultz
David A Schultz
Assertions of presidential supremacy and power in affairs often invoke history, including events during the administration of George Washington, to defend their assertions. This article raises some questions regarding what we can learn from history for constitutional argument. It concedes generally that historical facts can support or buttress constitution argument, but more specifically it contends that acts undertaken by George Washington are problematic assertions for presidential power, especially those that assert “supremacist” or broad if not exclusive claims for presidential foreign policy authority. To do that, this article first describes how history is employed as constitutional argument for presidential power. …
Do “Tough On Crime” Politicians Win More Elections? An Empirical Analysis Of California State Legislators From 1992 To 2000, Steven A. Krieger
Do “Tough On Crime” Politicians Win More Elections? An Empirical Analysis Of California State Legislators From 1992 To 2000, Steven A. Krieger
Steven A. Krieger
Do “tough on crime” politicians win more elections? Conventional wisdom suggests that they do. After all, who was the last public official to win an election based on a “soft on crime” platform? Correspondingly, this unjustified and widespread belief among legislators (and their strategists) makes it extremely difficult for progressive criminal justice bills to become law. There is no empirical literature, however, to support or deny this conventional political wisdom.
A regression analysis was used to answer (1) whether legislators’ election results were impacted by their voting records (based on an assigned crime score) or constituent support for a ballot …
On Equality: The Anti-Interference Principle, Donald J. Kochan
On Equality: The Anti-Interference Principle, Donald J. Kochan
Donald J. Kochan
This Essay introduces the “Anti-Interference Principle” – a new term on the meaning of equality, or at least one not yet so-named in the equality lexicon – as a necessary foundation for achieving the goal of true equality. Equality has a long-standing place in the discussion of politics and jurisprudence and remains a struggle of definition today. Rather than rehash the mass of scholarship, this Essay seeks to summarize the general equality concept, and propose that the legal discourse on equality center on a requirement that governmental power must protect and respect equal treatment and opportunity, unconstrained, not equal outcomes. …