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Articles 1 - 4 of 4
Full-Text Articles in Law
The Politics Of Law And The Laws Of Politics: The Political Paradoxes Of Transnational Constitutionalism, Pablo Holmes
The Politics Of Law And The Laws Of Politics: The Political Paradoxes Of Transnational Constitutionalism, Pablo Holmes
Indiana Journal of Global Legal Studies
This essay addresses the ongoing debate on transnational constitutionalism and the theoretical assumptions related to the possibilities of internal politicization of transnational governance. After reconstructing the debate on the transnationalization of law and the emergence of fragmented forms of transnational governance, I engage with the description of emerging forms of constitutional law within the fragmented legal regimes of global governance. After doing that, I explore the assumption exposed by some legal scholars, which insists on the possibility of an internal politicization of legal discourse as a way to challenge the so-called "rule of experts" in transnational law. Drawing on the …
Environmental Law Outside The Canon, Todd S. Aagaard
Environmental Law Outside The Canon, Todd S. Aagaard
Indiana Law Journal
It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate; …
Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders
Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders
Articles by Maurer Faculty
No abstract provided.
Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas M. Spencer, Abby Wood
Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas M. Spencer, Abby Wood
Indiana Law Journal
What effect has Citizens United v. FEC had on independent spending in American politics? Previous attempts to answer this question have focused solely on federal elections, where there is no baseline for comparing changes in spending behavior. We overcome this limitation by examining the effects of Citizens United as a natural experiment on the states. Before Citizens United, about half of the states banned corporate independent expenditures and thus were “treated” by the Supreme Court’s decision, which invalidated these state laws. We rely on recently released state-level data to compare spending in “treated” states to spending in the “control” states, …