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Law and Politics

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2007

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Articles 1 - 30 of 51

Full-Text Articles in Law

Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour Nov 2007

Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour

University of Richmond Law Review

No abstract provided.


Family And Juvenile Law, Lynne Marie Kohn Nov 2007

Family And Juvenile Law, Lynne Marie Kohn

University of Richmond Law Review

No abstract provided.


Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr. Nov 2007

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Technological Transparency: Appellate Court And Media Relations After Bush V. Gore, Robert Craig Waters Oct 2007

Technological Transparency: Appellate Court And Media Relations After Bush V. Gore, Robert Craig Waters

The Journal of Appellate Practice and Process

No abstract provided.


Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier Oct 2007

Law & Politics: The Case Against Judicial Review Of Direct Democracy, Corey A. Johanningmeier

Indiana Law Journal

This Note argues against strong judicial review of direct democracy. Judicial review has been the dominant answer in legal scholarship for the perceived danger of majoritarian tyranny in any democratic system. But Progressive movements throughout American history, as well as a growing number of respected law professors, have questioned the assumption that courts or even legislatures are better protectors of discrete and insular minorities than the rights-respecting populace. Although the vast majority of legal scholarship still displays a crippling cynicism about popular competence, this view cannot continue to block progressives from participating in initiative campaigns. Exclusive resort to elitist procedural …


Deep Purple: Religious Shades Of Family Law, Naomi Cahn, June Carbone Sep 2007

Deep Purple: Religious Shades Of Family Law, Naomi Cahn, June Carbone

West Virginia Law Review

No abstract provided.


Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze Sep 2007

Legal Aspects Of Church-State Relations In Post-Revolutionary Georgia, Khatuna Tsintsadze

BYU Law Review

No abstract provided.


Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad Sep 2007

Tunisia At The Forefront Of The Arab World: Two Waves Of Gender Legislation, Mounira M. Charrad

Washington and Lee Law Review

Starting in the 1950s and ever since, Tunisia has implemented gender legislation expanding women's rights in family law. The ground breaking phase occurred with the promulgation of the Code of Personal Status in the mid-1950s during the formation of a national state in the aftermath of independence from French colonial rule. Another major phase occurred in the 1990s with citizenship law reforms as embodied in the Tunisian Code of Nationality. As a result of these two major phases, Tunisia has been at the fore front of "woman friendly" legislative changes in the Arab- Muslim world and is widely recognized as …


Is Public Reason Counterproductive?, Eduardo M. Peñalver Sep 2007

Is Public Reason Counterproductive?, Eduardo M. Peñalver

West Virginia Law Review

No abstract provided.


Civil Disobedience And The Necessity Defense, John Alan Cohan Sep 2007

Civil Disobedience And The Necessity Defense, John Alan Cohan

The University of New Hampshire Law Review

[Excerpt] “This article will first examine the nature of civil disobedience, and distinguish between direct and indirect civil disobedience. Part II highlights some historical examples of civil disobedience. Part IV then examines the principles of the necessity defense, analyzing each of the elements that make up the defense, illustrated with cases on point. Next, Part V will turn to an analysis of several abortion-protest cases that raise issues different from other types of civil disobedience cases. Part VI then will examine Viet Nam era civil disobedience cases. Following that, Part VIII will explore a unique defense known as the Nuremberg …


The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim Sep 2007

The Future Of Palestinian Women's Rights: Lessons From A Half-Century Of Tunisian Progress, Adrien Katherine Wing, Hisham Kassim

Washington and Lee Law Review

No abstract provided.


Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla Sep 2007

Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright Sep 2007

The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya Wright

Washington and Lee Law Review

The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Sep 2007

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

West Virginia Law Review

No abstract provided.


July Roundtable: Introduction Jul 2007

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Outsourcing the War ” by Jeremy Schaill. The Nation. May 28, 2007.


Bias Arbitrage, Amitai Aviram Jun 2007

Bias Arbitrage, Amitai Aviram

Washington and Lee Law Review

The production of law-including the choice of a law's subject matter, the timing of its enactment and the manner in which it is publicized and perceived by the public-is significantly driven by an extra-legal market in which politicians and private parties compete over the opportunity to engage in bias arbitrage. Bias arbitrage is the extraction of private benefits through actions that identify and mitigate discrepancies between actual risks and the public's perception of the same risks. Politicians arbitrage these discrepancies by enacting laws that address the misperceived risk and contain a "placebo effect"--a counter-bias that attempts to offset the pre-existing …


Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan May 2007

Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan

University of Richmond Law Review

No abstract provided.


An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham May 2007

An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham

University of Richmond Law Review

No abstract provided.


Ratification Of Reapportionment Plans Drawn By Redistricting Commissions, Poonam Kumar May 2007

Ratification Of Reapportionment Plans Drawn By Redistricting Commissions, Poonam Kumar

University of Michigan Journal of Law Reform

Partisan gerrymandering is a danger that threatens the foundations of the American democratic structure. This Note argues that partisan gerrymandering must be eliminated in order to foster political competition and ensure government accountability. Without a judicial solution, redistricting commissions present a viable option to help cure the ills of partisan gerrymandering. This Note argues that automatic and mandatory state supreme court judicial review must be the process by which the redistricting plans drawn by these commissions are ratified. Automatic judicial review permits redistricting to remain a legislative task while giving the judiciary a quintessential judicial task. In addition, this Note …


Deliberation Or Tabulation? The Self-Undermining Constitutional Architecture Of Election Campaigns, James A. Gardner Apr 2007

Deliberation Or Tabulation? The Self-Undermining Constitutional Architecture Of Election Campaigns, James A. Gardner

Buffalo Law Review

Perhaps the one completely uncontested truth in the shared public ideology of American politics is that an election campaign ought to be a serious occasion in the life of a democratic polity, a time when citizens reflect maturely on the great public issues of the day. On this view, the ultimate purpose of election campaigns is to offer voters and candidates a meaningful opportunity for deliberation and persuasion. Of course, the typical modern American election campaign does not seem seriously reflective and deliberative so much as shallow and unengaging. Reasoned persuasion seems to play a minor role, if that. The …


High Resolution Dune Complex Mapping For The Monitoring Of Coastal Landform Change, First Landing State Park, Virginia, George M. Mcleod, Joe Daigneau, James Collins, Norma Swan, Thomas R. Allen Apr 2007

High Resolution Dune Complex Mapping For The Monitoring Of Coastal Landform Change, First Landing State Park, Virginia, George M. Mcleod, Joe Daigneau, James Collins, Norma Swan, Thomas R. Allen

Virginia Journal of Science

First Landing State Park is located on the southern shore of the mouth of the Chesapeake Bay. The park contains a prograding shoreline and dune complex that has been steadily growing northward. Accurate three dimensional mapping of the resident coastal dune features is challenging due to the dynamic nature of the dunescape. Precise mapping within First Landing was accomplished through careful planning, employ of advanced Global Positioning System (GPS) technology, and intensive data analysis. Mapping ensued during a period of optimal satellite signal availability and strength. Data points were collected at manual intervals with a Leica GS50+ GPS receiver, utilizing …


Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy, Michael J. Kaufman Mar 2007

Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy, Michael J. Kaufman

University of Richmond Law Review

No abstract provided.


Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis Mar 2007

Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis

University of Richmond Law Review

No abstract provided.


Bureaucratization And Balkanization: The Origins And Effects Of Decision-Making Norms In The Federal Appellate Courts, Stefanie A. Lindquist Mar 2007

Bureaucratization And Balkanization: The Origins And Effects Of Decision-Making Norms In The Federal Appellate Courts, Stefanie A. Lindquist

University of Richmond Law Review

No abstract provided.


Joel R. Pruce On The Human Rights Reader: Major Political Essays, Speeches And Documents From Ancient Times To The Present (Second Edition), By Micheline R. Ishay. New York, Ny: Routledge, 2007. 592pp., Joel R. Pruce Jan 2007

Joel R. Pruce On The Human Rights Reader: Major Political Essays, Speeches And Documents From Ancient Times To The Present (Second Edition), By Micheline R. Ishay. New York, Ny: Routledge, 2007. 592pp., Joel R. Pruce

Human Rights & Human Welfare

A review of:

The Human Rights Reader: Major Political Essays, Speeches and Documents from Ancient Times to the Present (Second Edition), by Micheline R. Ishay. New York, NY: Routledge, 2007. 592pp.


Electing One Of Our Own: The Importance Of Black Communities In The Context Of Local Government , Royce Brooks Jan 2007

Electing One Of Our Own: The Importance Of Black Communities In The Context Of Local Government , Royce Brooks

The Modern American

No abstract provided.


The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan Jan 2007

The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan

Villanova Law Review

No abstract provided.


The Indirect Mission Of The Church To Politics, Avery Cardinal Dulles Jan 2007

The Indirect Mission Of The Church To Politics, Avery Cardinal Dulles

Villanova Law Review

No abstract provided.


Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore Jan 2007

Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore

UIC Law Review

No abstract provided.


Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller Jan 2007

Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller

UIC Law Review

No abstract provided.