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Articles 31 - 60 of 111
Full-Text Articles in Law
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, …
Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden
Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law
2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Mr. Try-It Goes To Washington: Law And Policy At The Agricultural Adjustment Administration, Daniel R. Ernst
Mr. Try-It Goes To Washington: Law And Policy At The Agricultural Adjustment Administration, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
In December 1933, Jerome Frank, the general counsel of the Agricultural Adjustment Administration but better for writing Law and the Modern Mind (1930), a sensational attack on legal formalism, told an audience at the Association of American Law Schools a parable about two lawyers in the New Deal, each forced to interpret same, ambiguous statutory language. The first lawyer, “Mr. Absolute,” reasoned from the text and canons of statutory interpretation without regard for the desirability of the outcome. “Mr. Try-It,” in contrast, began with the outcome he thought desirable. He then said to himself, “The administration is for it, and …
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Journal Articles
Discussions of populism often focus on the most visible points of executive power: individual leaders. Yet individual leaders only accomplish things through administrative apparatuses that enable and support their power. Rejecting a political theology that imagines sovereignty as inhering in a single decision-maker, this article turns to political pragmatics focused on the people who populate the government. I draw on interviews with administrators in the government of two successful but quite different democracies. The first is the United States, an old, flagship democratic state. The second is Taiwan, which transitioned from a four-decade military dictatorship to a vibrant democracy in …
Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel Walters
Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel Walters
All Faculty Scholarship
A great deal of skepticism toward administrative agencies stems from the widespread perception that they excessively or even exclusively cater to business interests. From the political right comes the accusation that business interests use regulation to erect barriers to entry that protect profits and stifle competition. From the political left comes the claim that business interests use secretive interactions with agencies to erode and negate beneficial regulatory programs. Regulatory “capture” theory elevates many of these claims to the status of economic law. Despite growing skepticism about capture theory in academic circles, empirical studies of business influence and capture return ambiguous …
The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz
The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy
Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy
Honors Theses
Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.
Facebook's Alternative Facts, Sarah C. Haan
Facebook's Alternative Facts, Sarah C. Haan
Scholarly Articles
In this short essay, I argue that Facebook’s adoption of the alternative-facts frame potentially contributes to the divisiveness that has made social media misinformation a powerful digital tool. Facebook’s choice to present information as “facts” and “alternative facts” endorses a binary system in which all information can be divided between moral or tribal categories—“bad” versus “good” speech, as Sandberg put it in her testimony to Congress. As we will see, Facebook’s related-articles strategy adopts this binary construction, offering a both-sides News Feed that encourages users to view information as cleaving along natural moral or political divisions.
The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin
The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin
Articles, Book Chapters, & Popular Press
In Schmidt v Canada (Attorney General), the Federal Court of Appeal interpreted a series of provisions requiring the Minister of Justice to inform the House of Commons if government bills or proposed regulations are “inconsistent with” the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights. The Federal Court of Appeal, like the Federal Court below, held that these provisions are triggered only where there is no credible argument for consistency. In doing so, both Courts relied, in part, on a separation of powers argument. They stated that the Minister of Justice and Attorney General is not …
Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne Barnes
Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne Barnes
Faculty Scholarship
This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square – and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if …
Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden
Law School News: A Mandate For Change 01-24-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
John Quincy Adams Influence On Washington’S Farewell Address: A Critical Examination, Stephen Pierce
John Quincy Adams Influence On Washington’S Farewell Address: A Critical Examination, Stephen Pierce
Undergraduate Research
John Quincy Adams is seen by the American public today as a failed one-term president. When one starts to see his diplomatic work and his service in Congress, however, he becomes one of the most important figures in American history. The diplomatic historian Samuel Flagg Bemis was in 1944 the first historian to suggest that Adams’ early writings influenced Washington’s Farewell Address. He looked through some of Adams’ early published writings and concluded that it was, “Conspicuous among the admonitions of the Farewell Address are: (1) to exalt patriotically the national words, America, American, Americans; (2) to beware of foreign …
Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics, William J. Aceves
Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics, William J. Aceves
Faculty Scholarship
The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and migrants, and promoted racial divisions in the United States. Through clicks, likes, shares, and retweets, these messages reached millions of Americans. But, these messages did not originate in the United States; they were drafted and disseminated through inauthentic social media accounts created and controlled by the Internet Research Agency, …
What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz
What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz
What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Justice System Is Criminal, Raven Delfina Otero-Symphony
The Justice System Is Criminal, Raven Delfina Otero-Symphony
2020 Award Winners
No abstract provided.
Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs
Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
Over roughly the past four decades, government officials from around the world have been erecting a framework of economic governance with major – but under-appreciated – implications for intra-national inequality. The components of this framework are thousands of bilateral and multilateral treaties designed to protect international investment. In many jurisdictions, the treaties have been concluded without public awareness or scrutiny or even much discussion or analysis by government officials – including those officials responsible for negotiating the agreements(Poulsen 2015) – and without an adequate understanding of how these agreements could affect intra-national inequality. Long imperceptible, the size and power of …
Lobbying Against The Odds, Kirsten Matoy Carlson
Lobbying Against The Odds, Kirsten Matoy Carlson
Law Faculty Research Publications
No abstract provided.
Half-Baked: The Science And Politics Of Legal Pot, Joelle A. Moreno
Half-Baked: The Science And Politics Of Legal Pot, Joelle A. Moreno
Faculty Publications
Weed, herb, grass, bud, ganja, Mary Jane, hash oil, sinsemilla, budder, and shatter. Marijuana – whether viewed as a medicine or intoxicant – is fast becoming a part of everyday life, with the CDC reporting 7,000 new users every day and the American market projected to grow to $20 billion by 2020. Based on early campaign rhetoric, by that same year the U.S. could have a pro-marijuana president.
Despite its growing acceptance and popularity, marijuana remains illegal under federal law. Like heroin, LSD, and ecstasy, marijuana is a DEA Schedule I drug reflecting a Congressional determination that marijuana is both …
Senate Bill 4: Police Officer's Opinions On Texas's Ban Of Sanctuary Cities, Megan E. Reed
Senate Bill 4: Police Officer's Opinions On Texas's Ban Of Sanctuary Cities, Megan E. Reed
Student Scholarship
For this Article, the Author interviewed six local law enforcement agencies in Texas regarding SB4. Based on those interviews and other research, this Article concludes that SB4 likely does not uproot and change Texas policing practices and asserts that SB4 may in fact be highly ineffective at improving resident safety, which was Texas lawmakers’ stated purpose for SB4. SB4 continues to have far reaching impacts, including concerns of racial profiling, victims and witnesses refusing to come forward due to fears of deportation, and damage to police officers’ reputations. Further, while some local law enforcement agencies claim they will not have …
The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag
The New Oral Argument: Justices As Advocates, Tonja Jacobi, Matthew Sag
Faculty Articles
This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme Court oral argument, showing that judicial activity has increased dramatically, in terms of words used, duration of speech, interruptions made, and comments proffered. The Court is asking no more questions of advocates; instead, the justices are providing conclusions and rebutting their colleagues. In addition, the justices direct more of their comments and questions to the side with whom they ultimately disagree. Furthermore, “losing” justices, be it ideological camps that are outnumbered on the Court or dissenters in specific cases, use oral arguments to push back against the dominant …
Manufactured Emergencies, Robert Tsai
Manufactured Emergencies, Robert Tsai
Articles in Law Reviews & Other Academic Journals
Emergencies are presumed to be unusual affairs, but the United States has been in one state of emergency or another for the last forty years. That is a concern. The erosion of democratic norms has led not only to the collapse of the traditional conceptual boundary between ordinary rule and emergency governance, but also to the emergence of an even graver problem: the manufactured crisis. In an age characterized by extreme partisanship, institutional gridlock, and technological manipulation of information, it has become exceedingly easy and far more tempting for a President to invoke extraordinary power by ginning up exigencies. To …
50 Years After The 25th Amendment: How To Improve Presidential Succession, Second Fordham University School Of Law Clinic On Presidential Succession
50 Years After The 25th Amendment: How To Improve Presidential Succession, Second Fordham University School Of Law Clinic On Presidential Succession
Reports
Pamphlet summarizing the Second Succession Clinic's recommendations.
The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke
The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke
Calvert Undergraduate Research Awards
Advanced Research Winner 2019:
While the concept of substantive due process has guided judicial decision making even prior to the Civil War, it has become a lightning rod among the juristic community especially since the 1960s. This controversy includes issues ranging from the applicability and reliability to the cogency and legitimacy of the doctrine of substantive due process Many scholars attribute the skepticism toward the concept of substantive due process to be the result of a paradigm shift in the middle of the 20th century when this concept transitioned from an economic and property rights based approach to one …
The Effects Of Mixed Membership In A Deliberative Forum: The Irish Constitutional Convention Of 2012–2014, David Farrell, Jane Suiter, Clodagh Harris, Kevin Cunningham
The Effects Of Mixed Membership In A Deliberative Forum: The Irish Constitutional Convention Of 2012–2014, David Farrell, Jane Suiter, Clodagh Harris, Kevin Cunningham
Articles
The Constitutional Convention was established by the Irish government in 2012. It was tasked with making recommendations on a number of constitutional reform proposals. As a mini-public, its membership was a mix of 66 citizens (randomly selected) and 33 politicians (self-selected). Its recommendations were debated on the floor of the Irish parliament with three of them leading to constitutional referendums; other recommendations are in the process of being implemented. This article uses data gathered during and after the operation of the Convention to examine this real-world example of a mixed-membership mini-public. The focus is on how the inclusion of politicians …
Filling The New York Federal District Court Vacancies, Carl Tobias
Filling The New York Federal District Court Vacancies, Carl Tobias
Law Faculty Publications
President Donald Trump contends that federal appellate court appointments constitute his foremost success. The president and the United States Senate Grand Old Party (GOP) majority have compiled records by approving forty-eight conservative, young, accomplished, overwhelmingly Caucasian, and predominantly male, appeals court jurists. However, their appointments have exacted a toll, particularly on the ninety-four district courts around the country that must address eighty-seven open judicial positions in 677 posts.
One riveting example is New York’s multiple tribunals, which confront twelve vacancies among fifty-two court slots. The Administrative Office of the United States Courts considers nine of these openings “judicial emergencies,” because …
Constitutional Maturity, Or Reading Weber In The Age Of Trump, Josh Chafetz
Constitutional Maturity, Or Reading Weber In The Age Of Trump, Josh Chafetz
Cornell Law Faculty Publications
Anxiety abounds about the state of American constitutional democracy in “the age of Trump.” A wide range of commentators have raised serious and profound questions about the resilience of our political institutions and the capacity of our current political leadership.
This Essay, written for a Constitutional Commentary symposium on “Constitutional Law in the Trump Era,” attempts to get a handle on that anxiety by taking a step back and viewing our contemporary situation through a broader lens—a lens crafted in a different time and place, but responsive to a related set of political questions.
In particular, this Essay turns to …