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Full-Text Articles in Law
Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell
Helm's School of Government Conference - 2021-2024
An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.
Constitutional Barriers To Congressional Reform, John M. Greabe
Constitutional Barriers To Congressional Reform, John M. Greabe
Law Faculty Scholarship
Americans celebrate our Constitution as a beacon that can guide us through difficult situations. And justly so. But at times, the Constitution also has stood as a barrier to necessary reform.
Money Power In Politics, Jonathan Peterson Fisher
Money Power In Politics, Jonathan Peterson Fisher
Senior Projects Spring 2017
Money power in politics has been bolstered over the last thirty years thanks to Supreme Court decisions that hinder the Federal Election Commission’s ability to regulate financial influences on campaigns. Increases in corporate ability to impact campaigns through independent expenditures are principally against democratic values as they create a political climate of inequality favoring wealthy speakers. Additionally, money power’s influences on campaigns lead to impacting policy both directly through access to politicians and indirectly through the broad success of pro-contributor candidates. With an inability to govern over money power in elections comes a trend of anti-majoritarian policies that are inherently …
The Modern Administrative State: Why We Have ‘Big Government’ And How To Run And Reform Bureaucratic Organizations, Sean Y. Sakaguchi
The Modern Administrative State: Why We Have ‘Big Government’ And How To Run And Reform Bureaucratic Organizations, Sean Y. Sakaguchi
CMC Senior Theses
This work asserts that bureaucratic organization is not only an inevitable part of the modern administrative state, but that a high quality bureaucracy within a strongly empowered executive branch is an ideal mechanism for running government in the modern era. Beginning with a philosophical inquiry into the purpose of American government as we understand it today, this paper responds to criticisms of the role of expanded government and develops a framework for evaluating the quality of differing government structures. Following an evaluation of the current debate surrounding bureaucracies (from both proponents and critics), this thesis outlines the lessons and principles …
Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters
Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters
All Faculty Scholarship
Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of …
Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel
Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel
Nehal A. Patel
One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought …
Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond
Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond
Scripps Senior Theses
In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides, I …