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Law and Politics

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1996

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Articles 1 - 27 of 27

Full-Text Articles in Law

Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson Nov 1996

Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson

BYU Law Review

No abstract provided.

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Bosnian Elections, Reid Westrem Oct 1996

Bosnian Elections, Reid Westrem

Occasional Papers on Religion in Eastern Europe

No abstract provided.

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The Rise Of Balanced Budget Laws In Canada: Legislating Fiscal (Ir)Responsibility, Lisa C. Philipps Oct 1996

The Rise Of Balanced Budget Laws In Canada: Legislating Fiscal (Ir)Responsibility, Lisa C. Philipps

Osgoode Hall Law Journal

Virtually unknown in Canada before the 1990s, balanced budget legislation has suddenly become popular across the country. The author examines the wide diversity of mechanisms being used to limit state fiscal powers, including spending caps, anti-deficit rules, and tax referenda. Evaluating these measures, the author raises concerns about the impact of balanced budget laws on economic stability, social justice, and political democracy. She warns against discounting either their instrumental effects or their power to shape public finance discourse. Though some provinces have adopted less severe versions, the author concludes that these efforts only partially mitigate the dangers of balanced budget …

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Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee May 1996

Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee

BYU Law Review

No abstract provided.

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Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee May 1996

Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee

BYU Law Review

No abstract provided.

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Civil Rights And Federalism Fights: Is There A "More Perfect Union" For The Heirs To The Promise Of Brown?, Pace Jefferson Mcconkie May 1996

Civil Rights And Federalism Fights: Is There A "More Perfect Union" For The Heirs To The Promise Of Brown?, Pace Jefferson Mcconkie

BYU Law Review

No abstract provided.

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Why Is This Man A Moderate?, Richard A. Epstein May 1996

Why Is This Man A Moderate?, Richard A. Epstein

Michigan Law Review

A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics

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Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry Apr 1996

Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards Mar 1996

Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards

Brigham Young University Journal of Public Law

No abstract provided.

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Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor Feb 1996

Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor

Michigan Law Review

This Note argues that groups seeking to correct underrepresentation caused by the differential undercount do not have standing to sue the Secretary of Commerce but that they can sue their state governments in an effort to force them to use the best population data available in the construction of congressional districts. Part I details the deeply rooted character of the differential undercount, describes statistical means that could have been employed to adjust the 1990 census, and demonstrates that the adjusted count surpasses the official census as an accurate representation of the true population. Part II examines recent litigation that has …

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Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald Jan 1996

Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald

Michigan Journal of Race and Law

Part I of this Article reviews the congressional redistricting process in Georgia, particularly the State's efforts to comply with the Voting Rights Act and avoid the dilution of minority voting strength. Part II describes the plaintiffs' constitutional challenge and the State's asserted defenses, or more accurately its lack of asserted defenses. Part III argues that the decision of the majority rests upon wholly false assumptions about the colorblindness of the political process and the harm caused by remedial redistricting. Part IV notes the expansion in Miller of the cause of action first recognized in Shaw v. Reno. Part V …

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Pragmatism And Parity In Appointments, Yxta Maya Murray Jan 1996

Pragmatism And Parity In Appointments, Yxta Maya Murray

Michigan Journal of Gender & Law

This review uses Carter's two foci as a springboard for analyzing the Article II, Section II appointment process. First, Carter's discussion of indecency in modern appointments may be a valuable theoretical insight into the process instead of a mere sociological observation. "Indecency" in appointments, or what is known as "borking" in Carter parlance, may also be a symptom of race and gender bias in the administration of the Article II, Section II power. To ameliorate the effects of this bias, I suggest the incorporation of pragmatism (a thread of philosophical and legal thought) and parity concepts into the existing appointments …

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U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst Jan 1996

U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst

Michigan Journal of Gender & Law

The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …

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Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies Jan 1996

Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies

Michigan Journal of Gender & Law

The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …

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Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir Jan 1996

Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Identifying The Harm In Racial Gerrymandering Claims, Samuel Issacharoff, Thomas C. Goldstein Jan 1996

Identifying The Harm In Racial Gerrymandering Claims, Samuel Issacharoff, Thomas C. Goldstein

Michigan Journal of Race and Law

This Article proceeds along two lines. First, it reviews the theories of harm set forth in the Justices' various opinions, i.e., the articulated risks to individual rights that may or may not be presented by racial gerrymandering. What is learned from this survey is that Shaw and its progeny serve different purposes for different members of the Court. Four members of the Shaw, Miller v. Johnson, and United States v. Hays majorities-Chief Justice Rehnquist, along with Justices Scalia, Kennedy, and Thomas- are far more concerned with "race" than "gerrymandering." In particular, they consider all race-based government classifications to be inherently …

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War Over The Airwaves: A Comparative Analysis Of U.S. And Cuban Views On International Law And Policy Governing Transnational Broadcasts, Omar Javier Arcia Jan 1996

War Over The Airwaves: A Comparative Analysis Of U.S. And Cuban Views On International Law And Policy Governing Transnational Broadcasts, Omar Javier Arcia

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Consent Without Consent: Reflections On The Theory And Practice Of Democracy, Noam Chomsky Jan 1996

Consent Without Consent: Reflections On The Theory And Practice Of Democracy, Noam Chomsky

Cleveland State Law Review

This lecture reflects on core issues of American democracy in light of the upcoming 1996 Presidential election. The piece focuses primarily on the economy and the market throughout its discussion.

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Libertarianism, Natural Rights And The Constitution: A Commentary On Recent Libertarian Literature, David Bergland Jan 1996

Libertarianism, Natural Rights And The Constitution: A Commentary On Recent Libertarian Literature, David Bergland

Cleveland State Law Review

This commentary takes a look at recent Libertarian literature, specifically: Harry Browne's Why Government Doesn't Work, Charles Murray's What It Means To Be a Libertarian, and David Boaz' Libertarianism: A Primer. These books critique federal government programs and specific policy proposals, and in the process they raise several questions that are fundamental to the American experiment with human liberty within the constitutional framework bequeathed to us by Jefferson, Madison, Hamilton, the other founders, and the People who ratified the Constitution. Section II seeks to figure out how to describe Libertarians. Section III discusses the fallacy of legislative omnipotence, including the …

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States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien Jan 1996

States' Repeal: A Proposed Constitutional Amendment To Reinvigorate Federalism, Aaron J. O'Brien

Cleveland State Law Review

The lack of both legislative and judicial integrity led to a governmental system which is federalist in name but centrally planned in reality. Congress regularly passes laws which stretch the conceivable bounds of its powers. By failing to overturn such legislation, the Supreme Court ignores the benefits of federalism and the significance of dual sovereignty. These changes render the individual citizen's opinion rather meaningless while attacking the roots of democracy and threatening the liberties early Americans so earnestly tried to preserve. The People are left without a mechanism through which to speak on a national level. Because of this dissolution …

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Judge Wisdom And The 1952 Republican National Convention: Ensuring Victory For Eisenhower And A Two-Party System For Louisiana, Joel William Friedman Jan 1996

Judge Wisdom And The 1952 Republican National Convention: Ensuring Victory For Eisenhower And A Two-Party System For Louisiana, Joel William Friedman

Washington and Lee Law Review

No abstract provided.

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Ethics In Law And Politics, Paul Simon Senator Jan 1996

Ethics In Law And Politics, Paul Simon Senator

Loyola University Chicago Law Journal

No abstract provided.

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Standards, Change, Politics, And The Millennium, Erica Moeser Jan 1996

Standards, Change, Politics, And The Millennium, Erica Moeser

Loyola University Chicago Law Journal

No abstract provided.

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Staking Their Claim: The Impact Of Kentucky Women In The Political Process, Penny M. Miller Jan 1996

Staking Their Claim: The Impact Of Kentucky Women In The Political Process, Penny M. Miller

Kentucky Law Journal

No abstract provided.

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The Empitness Of Majority Rule, Luis Fuentes-Rohwer Jan 1996

The Empitness Of Majority Rule, Luis Fuentes-Rohwer

Michigan Journal of Race and Law

In this Note, the author steers away from the current substantive debates surrounding the Voting Rights Act, its various amendments, and the "correct" way of interpreting its intended benefits and constitutionally accepted mandates. Instead, indirectly joins the many "radical" voices advocating for a departure from the majoritarian stranglehold-the decision-making process where fifty percent plus one of the voting population carry the election. The author does so not by suggesting yet another mechanism by which representatives may be elected, but by critiquing the perceived underpinnings of our democratic system of government. The author does not profess to delineate a definitive interpretation …

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Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith Jan 1996

Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith

Seattle University Law Review

At the close of the United States Supreme Court's 1994 term, Justice Clarence Thomas became the center of news media attention for his important role as a prominent member of the Court's resurgent conservative bloc. More frequently than in past terms, Thomas's opinions articulated the conservative position for his fellow Justices. According to one report, "The newly energized Thomas has shown little hesitancy this term in leading the conservative charge. Another article referred to Thomas's "full-throated emergence as a distinctive and articulate judicial voice." Thomas's new prominence, assertiveness, and visibility have been attributed to his emergence from the shadows of …

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The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer Jan 1996

The Implications Of National Security Safeguards On The Commercialization Of Remote Sensing Imagery, Youssef Sneifer

Seattle University Law Review

This Comment offers a critique of the national security restrictions contained in the United States policy and regulations and the uncertainty they inject into the commercialization of remote sensing imagery. After providing a brief technical description of remote sensing technology and the market realities associated with remote sensing imagery, this Comment analyzes the legislation and regulations affecting the private sector's commercialization and dissemination of remote sensing imagery with a special emphasis on national security concerns. Specifically, it reviews the Clinton Administration's policy with regard to the commercialization of remote sensing imagery, tracing its origins to the international obligations of the …

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