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Articles 1 - 30 of 31
Full-Text Articles in Law
The Confirmation Mystery, Michael J. Gerhardt
The Confirmation Mystery, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Maine Women's Lobby News Letter (1994 - November) No. 9, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1994 - November) No. 9, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Section 1: Moot Court: Bryant V. Hill, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Bryant V. Hill, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
How To Prevent Another Larsen Affair, Bruce Ledewitz
How To Prevent Another Larsen Affair, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Maine Women's Lobby News Letter (1994 - September) No. 8, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1994 - September) No. 8, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin
The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin
Cornell Law Faculty Publications
Maine Women's Lobby News Letter (1994 - April) No. 7, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1994 - April) No. 7, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Book Review, Stephen Carter, The Culture Of Disbelief (1993), Laura Gaston Dooley
Book Review, Stephen Carter, The Culture Of Disbelief (1993), Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
Punishment Most Cruel, Bruce Ledewitz
Punishment Most Cruel, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Campuses And Common Sense, Kenneth Lasson
Campuses And Common Sense, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Maine Women's Lobby News Letter (1994 - February) No. 6, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1994 - February) No. 6, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
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.
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
LLM Theses and Essays
An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …
State Succession And The International Financial Institutions: Political Criteria V. Protection Of Outstanding Financial Obligations, Paul Williams
State Succession And The International Financial Institutions: Political Criteria V. Protection Of Outstanding Financial Obligations, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Considering Zenger: Partisan Politics And The Legal Profession In Provincial New York, Eben Moglen
Considering Zenger: Partisan Politics And The Legal Profession In Provincial New York, Eben Moglen
Faculty Scholarship
History is the narration of the past, and not all valuable history is true. When William Smith, Jr. first wrote his much-admired and widely distributed History of the Province of New-York, in 1756, he ended his narration twenty-four years before his own time, with the arrival of Governor William Cosby in New York on August 1, 1732. In justification of his abrupt termination at this particular point, Smith wrote:
The history of our publick transactions, from this period, to the present time, is full of important and entertaining events, which I leave others to relate. A very near relation …
Facing The Challenge: A Lawyer's Response To Anti-Gay Initiatives, Suzanne B. Goldberg
Facing The Challenge: A Lawyer's Response To Anti-Gay Initiatives, Suzanne B. Goldberg
Faculty Scholarship
We are living in an extraordinary period of gay and lesbian history. As lesbian and gay civil rights gain increasing recognition throughout the country – through small but growing numbers of laws prohibiting sexual orientation discrimination, court rulings protecting lesbian and gay parents' custody of their children, and a historically unprecedented level of positive media coverage – our struggles also have escalated enormously. Not only must we litigate and negotiate for equal opportunity in employment, housing, and parenting rights as always, but also we face a nationally organized and terrifically well-funded assault on our fundamental rights as citizens.
This nationwide …
A Modest Proposal For A Political Court, Thomas W. Merrill
A Modest Proposal For A Political Court, Thomas W. Merrill
Faculty Scholarship
I offer a modest proposal. You can decide for yourself whether it is offered in the spirit of Jonathan Swift, or whether I mean it to be taken seriously.
Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins
Bonding, Structure And The Stability Of Political Parties: Party Government In The House, Gary W. Cox, Mathew D. Mccubbins
Faculty Scholarship
The public policy benefits that parties-deliver are allocated by democratic procedures that devolve ultimately to majority rule. Majority-rule decision making, however, does not lead to consistent policy choices; it is "unstable." In this paper, we argue that institutions - and thereby policy coalitions -- can be stabilized by extra-legislative organization. The rules of the Democratic Caucus in the U.S. House of Representatives dictate that a requirement for continued membership is support on the floor of Caucus decisions for a variety of key structural matters. Because membership in the majority party’s caucus is valuable, it constitutes a bond, the posting of …
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Articles by Maurer Faculty
In addressing the role of religion in politics and law, American political theory has strongly embraced the principle of religious equality. In this article, I explain how this principle has evolved and how it has nourished the privatization of religion and the secularization of public discourse by generating the view that public evaluations of religion are inappropriate. Under this view, religion is a private good that lacks public significance. As matters merely of private taste, matters that cannot be evaluated publicly, religious positions on political issues are not to be "imposed" on other citizens.
I challenge this reading of the …
Advising The President: Separation Of Powers And The Federal Advisory Committee Act, Jay S. Bybee
Advising The President: Separation Of Powers And The Federal Advisory Committee Act, Jay S. Bybee
Scholarly Works
This Article examines the tensions between Congress, the judiciary, and the President over presidential use of advisory committees. It argues that courts, in attempting to avoid difficult constitutional questions, have misread the Federal Advisory Committee Act (“FACA”). Properly construed, FACA violates separation of powers by limiting the terms on which the President can acquire information from nongovernmental advisory committees.
The author argues that the President does have the power to consult with outside advisers, and that FACA unconstitutionally infringes upon that power. FACA fails to draw a distinction between congressionally created advisory committees and presidentially created advisory committees, and assumes …
Halting Devolution Or Bleak To The Future? Subrin's New-Old Procedure As A Possible Antidote To Dreyfuss's "Tolstoy Problem", Jeffrey W. Stempel
Halting Devolution Or Bleak To The Future? Subrin's New-Old Procedure As A Possible Antidote To Dreyfuss's "Tolstoy Problem", Jeffrey W. Stempel
Scholarly Works
Professors Rochelle Dreyfuss and Stephen Subrin first presented their ideas on the 1993 Amendments to the Federal Rules of Civil Procedure (Civil Rules) at the 1994 Annual Meeting of the Association of American Law Schools (AALS) in a program titled, “The 1993 Discovery Amendments: Evolution, Revolution, or Devolution?” After the program, I was left with the depressing view that the answer was devolution, which is defined as a “retrograde evolution,” or “degeneration.” Dreyfuss provides a detailed but succinct review of the changes in discovery occasioned by the new rules as well as a vantage point for assessing the social and …
Rediscovering Thomas Paine, Richard B. Bernstein
Rediscovering Thomas Paine, Richard B. Bernstein
Articles & Chapters
No abstract provided.
Democratic Credentials, Donald J. Herzog
Democratic Credentials, Donald J. Herzog
Articles
We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …
Shouting Down The Voice Of The People: Political Parties, Powerful Pac's And Concerns About Corruption, Clarisa Long
Shouting Down The Voice Of The People: Political Parties, Powerful Pac's And Concerns About Corruption, Clarisa Long
Faculty Scholarship
The Federal Election Campaign Act limits the amount of financial support that political parties may give to candidates for federal office. Clarisa Long argues that these restrictions violate political parties' First Amendment rights of speech and association. Because the flow of money in the political process is a proxy for speech, the First Amendment requires that political actors have access to at least one unrestricted avenue of communication. While individuals' and PACs' First Amendment rights are protected because they may make unrestricted independent expenditures, parties do not have this opportunity. Courts have failed to protect party speech, rationalizing that the …
The Politics Of Article 9, Robert E. Scott
The Politics Of Article 9, Robert E. Scott
Faculty Scholarship
In the ongoing debate concerning the efficiency and social value of Article 9 of the Uniform Commercial Code, two points are beyond dispute. First, asset-based financing has undergone an enormous transformation since the enactment of Article 9. The most vivid illustration of this is the dramatic increase in the number and size of firms that rely on secured credit as their principal means of financing both ongoing operations and growth opportunities. Previously, with a few exceptions (such as factoring and trust receipts), secured financing principally had served second-class markets as the "poor man's" means of obtaining credit. Now, it has …
Secular Fundamentalism, Paul F. Campos
Terminator 2, Robert F. Nagel