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Articles 1 - 9 of 9
Full-Text Articles in Law
A Restatement Of Democracy, Joshua Ulan Galperin
A Restatement Of Democracy, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Debates about democracy are everywhere. Extremists, whether on the streets of Washington or Brasilia, perpetrate violence under the banner of democracy. But what do we mean when we talk about democracy? The debates, in the streets, popular media, or pages of academic journals, leave one wanting for depth and precision. This Article thus aims to provide an analytically useful model of Western democracy by surveying the vast and complex literature and distilling from that literature a series of core elements. From this exercise, this Article identifies the following four elements of democracy: majoritarianism, individual contestation, reason-giving, and deliberation. Although the …
Legitimacy, Legality, Legacy, And The Life Of Democracy, Joshua Ulan Galperin
Legitimacy, Legality, Legacy, And The Life Of Democracy, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
The Trump Administration challenged notions of good governance. It challenged our expectation of majoritarian legitimacy to the extent only a minority of voters elected President Donald Trump in 2016. It challenged our demands for reasoned decision-making insofar as the President sought to dismantle the administrative state and govern by fiat. It challenged our expectation of checks and balances in the way it approached appointments and removals to accumulate power at the expense of congressional design. These challenges sound in different legal theories, but they all reflect shattered expectations of good governance. And yet, the most lasting legacy of the Trump …
The Life Of Administrative Democracy, Joshua Ulan Galperin
The Life Of Administrative Democracy, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Imagine if Congress, the President, and the industries they hoped to regulate all decided that neither politically isolated bureaucrats nor a popularly sanctioned President should wield the power to administer Congress’ laws, to make legislative-type policy, to enforce that policy, and to adjudicate disputes under it. Imagine if there were another experiment, one that has persisted, but few have noticed.
Imagine no longer. Overlooked by most, there is a model for federal administration that does not rely on isolated administrators or Presidential control, but instead on elected bureaucrats. Today, the United States Department of Agriculture houses over 7,500 elected farmer-bureaucrats …
Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar
Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar
Pace Law Review
This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First …
The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman
The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman
Pace Law Review
This article will focus on the judiciary reforms and access to justice—starting with reforms to the structure of the Unified Court System and discussing other ways that a constitutional convention might serve to improve the operation of the courts. The article will then explore the state’s deficiency in providing its low-income citizens access to justice in civil matters relating to housing, family safety and security, and subsistence income, and how a convention can highlight these issues.
Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie
Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie
Pace Law Review
The first task of constitutional reformers is to make the people of the state aware that they live under a constitution that, for better or worse, affects their everyday lives whether they live on in remotes sections of the Adirondacks routes in villages or a teeming megalopolis. Until this is done, the people are not likely to demand or even accept the more thoroughgoing revision so badly needed in New York.
The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin
The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin
Pace Law Review
The amending clause is the nineteenth of the New York State Constitution’s twenty articles. Followed only by the enacting clause, for all intents and purposes this is the document’s final word. Well, maybe not the final word. An alternative is to think of this amending clause as a part of an ongoing several-centuries-long conversation. The clause is a message from one past group of designers and drafters of New York’s governing system, the 1846 Constitutional Convention majority, to all of us who gave them the charge to “secure [for us] the blessings of freedom,” that is to “we the people” …
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
Pace Law Review
No abstract provided.
The Term Limits Case, Bennett L. Gershman
The Term Limits Case, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In U.S. Term Limits, the Court reviewed an amendment to the Arkansas Constitution, adopted in 1992, that made a candidate for the U.S. Senate or House of Representatives ineligible to have his or her name placed on the ballot for national election if that person had previously been elected to three or more terms as a member of the House, or two or more terms as a member of the Senate. Following a taxpayer's complaint seeking declaratory relief, the state circuit court held that this amendment violated the Qualifications Clauses in Article I, sections 2 and 3, of the U.S. …