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Articles 1 - 9 of 9
Full-Text Articles in Law
Saving The Electoral College: Why The National Popular Vote Would Undermine Democracy, Robert M. Hardaway
Saving The Electoral College: Why The National Popular Vote Would Undermine Democracy, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Ever since the Founding Fathers created the Electoral College, Congress has tried to overturn it. The latest attempt is taking place not in Congress, but in state legislatures around the country, where a well-financed campaign by a private California group calling itself "National Popular Vote" (NPV) is proposing an "interstate compact" to circumvent the process for amending the U.S. Constitution. If adopted by states representing a majority of electoral votes, the signatory states would bind themselves to ignore the popular votes within their respective states, and instead allocate their electoral votes to the candidate whom the media proclaimed to be …
Why Environmental Policies Fail, Jan G. Laitos, Juliana Okulski
Why Environmental Policies Fail, Jan G. Laitos, Juliana Okulski
Sturm College of Law: Faculty Scholarship
Proposing environmental policy which is consistent with the laws of nature, this book is for those who are not just interested in the ways humans have harmfully altered their environment, but instead wish to learn why the many governmental policies in place to curb such behaviour have been unsuccessful. Since humans began to exploit natural resources for their own economic ends, we have ignored a central principle - nature and humans are not separate but are a unified interconnected system, where neither is superior to the other. Policy must reflect this reality. We failed to follow this principle in exploiting …
The Gardener And The Sick Garden: How Not To Address The Planet's Environmental Issues, Jan G. Laitos, Juliana E. Okulski
The Gardener And The Sick Garden: How Not To Address The Planet's Environmental Issues, Jan G. Laitos, Juliana E. Okulski
Sturm College of Law: Faculty Scholarship
A truly workable environmental strategy would start by being grounded in better, more realistic and empirically accurate models of how nature works, how humans behave, and humankind's relationship to nature. Such an environmental policy would realize that the gardener and the garden are not separate, but one. And this environmental policy would embrace two correlative legal norms: (1) we should recognize a positive right, held by both humans and their natural surroundings, to environmental conditions that may sustain human survivability'; and (2) we should impose an affirmative duty on humans to promote and support natural systems.
What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad
What Marriage Law Can Learn From Citizenship Law (And Vice Versa), Govind Persad
Sturm College of Law: Faculty Scholarship
Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: 1) Should we provide …
E-Legislating, K.K. Duvivier
E-Legislating, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The United States has been plagued with a deadlocked, “do nothing” Congress for the last several years, but today there is a new game in town. Senator Chris Dodd declared, when he first encountered the full force of e-legislating, “It’s a new day [in Washington]... Brace yourselves.” Digital technologies have fundamentally changed the relationship of citizens to their governments. Since e-democracy was first identified in the 1990s, at least four subcategories have emerged. This article debuts the newest member of the e-democracy family: e-legislating — the use of Internet and social media to influence federal legislation. The federal legislative process …
Out Of The Bottle: The Genie Of Direct Democracy, K.K. Duvivier
Out Of The Bottle: The Genie Of Direct Democracy, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The initiative process is out of the bottle, and it is unlikely citizens will try to recork their genie anytime soon. While the process has proven to be subject to the same corrupting influences of money and special interests as the legislative process, citizen voters are motivated to begin using the initiative itself to regain its integrity.
The United States As A Democratic Ideal? International Lessons In Referendum Democracy, K.K. Duvivier
The United States As A Democratic Ideal? International Lessons In Referendum Democracy, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Reports of how the United States works to spread democracy around the globe bombard the American public almost daily. Ironically, as principles of democratic governance expand worldwide, the United States, once the vanguard for citizen participation in government, has fallen behind. Although the U.S. system of government has evolved - average citizens now vote directly for their national representatives - the United States still stands as one of only three major industrialized countries in the world that has failed to allow its citizens to vote in a national referendum. Referendum democracy varies from representative democracy by allowing the public a …
By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier
By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In this age of the sound byte, a simplified "yes-or-no" choice is an appealing solution to complex questions. Although computer logic is founded upon such yes-or-no binary choices, nothing can be achieved through a single yes-or-no alternate. Multiple choices must be made to achieve resolution. On a synthesizer, for example, producing a single note requires fifteen to twenty binary choices. The fabric of a complete song emerges only with a myriad of yes-or-no choices. Ballot initiatives provide voters with a simple yes-or-no choice to respond to issues that have myriad approaches.' To reflect the full tap- estry of majority preferences, …
The Electoral College And The Constitution : The Case For Preserving Federalism, Robert M. Hardaway
The Electoral College And The Constitution : The Case For Preserving Federalism, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
This study examines how the Electoral College actually works, how it is supposed to work, and how it might be reformed. Robert Hardaway first looks at the Constitutional Convention, the Twelfth Amendment, and historical elections where the Electoral College has come into play, providing the historical background to the present-day College.