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Full-Text Articles in Law

The Unwritten Rules Of Liberal Democracy, Charles W. Collier Oct 2020

The Unwritten Rules Of Liberal Democracy, Charles W. Collier

University of Massachusetts Law Review

This Article is set amidst the distinctly unsettled and unsettling state of governmental practices, legislative policy, and presidential politics of contemporary America. Immediacy, too, introduces its own uncertainty—as compared to the comfortable vantage point of the distant future. But, as I shall argue, there is no realistic alternative to beginning in medias res. To address these issues as they inherently demand, the usual precedents and protocols and precautions must be set aside—if they are not already “gone with the wind.”6 Since the 2016 Presidential Election, and even before, threats to liberal democracy have emerged, in plausible form, as never before …


The Unwritten Rules Of Liberal Democracy, Charles W. Collier Jan 2020

The Unwritten Rules Of Liberal Democracy, Charles W. Collier

UF Law Faculty Publications

This Article is set amidst the distinctly unsettled and unsettling state of governmental practices, legislative policy, and presidential politics of contemporary America. Immediacy, too, introduces its own uncertainty—as compared to the comfortable vantage point of the distant future. But, as I shall argue, there is no realistic alternative to beginning in medias res. To address these issues as they inherently demand, the usual precedents and protocols and precautions must be set aside—if they are not already “gone with the wind.”6 Since the 2016 Presidential Election, and even before, threats to liberal democracy have emerged, in plausible form, as never before …


Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes Mar 2019

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

Wayne R. Barnes

No abstract provided.


Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes Apr 2010

Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes

West Virginia Law Review

No abstract provided.


Tyranny Of The Judiciary: Judicial Dilution Of Consent Under Section 2 Of The Voting Rights Act, James Thomas Tucker Feb 1999

Tyranny Of The Judiciary: Judicial Dilution Of Consent Under Section 2 Of The Voting Rights Act, James Thomas Tucker

William & Mary Bill of Rights Journal

"Every man takes the arm of the law for his protections as more effectual than his own, and therefore every man has an equal right in the formation of the government and of the laws by which he is to be governed and judged "' When Thomas Paine wrote these words over two hundred years ago, he captured the essence of American democracy. Having a voice in government means more than merely casting a ballot. Instead, the basic right of all qualified citizens to grant or withhold their consent mandates 'fair and effective representation ": a right to elect representatives …