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Articles 1 - 7 of 7

Full-Text Articles in Law

Privatization And Political Accountability, Jack M. Beermann Jun 2001

Privatization And Political Accountability, Jack M. Beermann

Faculty Scholarship

This article is an attempt to draw some general connections between privatization and political accountability. Political accountability is to be understood as the amenability of a government policy or activity to monitoring through the political process. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are there situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly …


Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin Apr 2001

Constitutional Revolutions: A New Look At Lower Appellate Review In American Constitutionalism, Robert Justin Lipkin

The Journal of Appellate Practice and Process

Judicial review allows the Supreme Court of the United States to perform revolutionary constitutional change. The United States Courts of Appeals could also be a vehicle for revolutionary constitutional adjudication.


Nationalized Political Discourse, Robert F. Nagel Jan 2001

Nationalized Political Discourse, Robert F. Nagel

Publications

No abstract provided.


Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser Jan 2001

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

Publications

In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …


Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight Jan 2001

Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight

Faculty Scholarship

No abstract provided.


Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova Jan 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.


The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin Jan 2001

The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.