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Articles 1 - 30 of 56
Full-Text Articles in Law
Toward Restoring Rule-Of-Law Norms, Dawn E. Johnsen
Toward Restoring Rule-Of-Law Norms, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
The Cultural Politics Of Dan Quayle And Mike Pence, Steve Sanders
The Cultural Politics Of Dan Quayle And Mike Pence, Steve Sanders
Articles by Maurer Faculty
This essay was part of an Indiana Law Review symposium on the five U.S. vice presidents who have hailed from Indiana.
The Gallup polling organization classifies Indiana as a “pink” state, rather than a “red” state, meaning it leans Republican but is not solidly in the GOP column. Yet, if an image of Indiana persists in many people’s minds as a bastion of social conservatism and tradition, that image likely has been shaped in part by the two most recent vice presidents the Hoosier state has sent to Washington: Dan Quayle and Mike Pence.
In selecting their running mates, major …
Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish
Foreign Nations, Constitutional Rights, And International Law, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig
The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig
Articles by Maurer Faculty
No abstract provided.
Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole
Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole
Articles by Maurer Faculty
Elinor Ostrom’s Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working rules; Type 2: …
Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler
Le Cyberspace, C'Est Moi?: Authoritarian Leaders, The Internet, And International Politics, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage
On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage
Articles by Maurer Faculty
This Essay — written for Florida State University’s symposium on the 100th anniversary of the U.S. federal income tax — evaluates how the literature on tax salience should be advanced in order for it to better guide tax policy over the coming decades. The literature on tax salience analyzes how taxpayers account for the costs imposed by taxation when the taxpayers make decisions or judgments, both in the taxpayers’ roles as voters and as market participants. This Essay evaluates both possible operative mechanisms that might underlie observed tax salience effects and limiting factors that might prevent tax salience effects from …
The Us Veto Over Palestine's Un Membership, Timothy W. Waters
The Us Veto Over Palestine's Un Membership, Timothy W. Waters
Articles by Maurer Faculty
While the United Nations is in debate over Palestinians’ request for UN membership, the US has already announced their decision to veto. But the over two thirds of Americans who are neither Jewish nor Evangelical should consider saying yes. It may not solve every problem but it could increase the prospects for successful negotiations between Palestine and Israel.
Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams
Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams
Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly
Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly
Articles by Maurer Faculty
No abstract provided.
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem
Articles by Maurer Faculty
Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.
This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of …
Health As Foreign Policy: Between Principle And Power, David P. Fidler
Health As Foreign Policy: Between Principle And Power, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler
A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Foreign Private Investment In Palestine Revisited: An Analysis Of The Revised Palestinian Investment Law, David P. Fidler
Foreign Private Investment In Palestine Revisited: An Analysis Of The Revised Palestinian Investment Law, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
In Memoriam: Abram Chayes (1922-2000), Jost Delbruck
In Memoriam: Abram Chayes (1922-2000), Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Peace Through Trade? Developments In Palestinian Trade Law During The Peace Process, David P. Fidler
Peace Through Trade? Developments In Palestinian Trade Law During The Peace Process, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
The Constitutional Right To "Conservative" Revolution, David C. Williams
The Constitutional Right To "Conservative" Revolution, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler
Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
The Emptiness Of Majority Rule, Luis Fuentes-Rohwer
The Emptiness Of Majority Rule, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler
War, Law & Liberal Thought: The Use Of Force In The Reagan Years, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams
Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell
Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell
Articles by Maurer Faculty
No abstract provided.
Content Discrimination And The First Amendment, Susan H. Williams
Content Discrimination And The First Amendment, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Civic Republicanism And The Citizen Militia: The Terrifying Second Amendment, David C. Williams
Civic Republicanism And The Citizen Militia: The Terrifying Second Amendment, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia Goodman
Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia Goodman
Articles by Maurer Faculty
The United States Court of Appeals for the District of Columbia Circuit has devised a doctrine called equitable
discretion to screen congressional-plaintiff suits. The Author argues that the doctrine should be abandoned. She proposes that the courts be guided by existing standng principles in deciding whether to hear these cases.
Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad
Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad
Articles by Maurer Faculty
These two books are much of a piece. Both advocate a libertarian jurisprudence of "Natural Rights"; and the rights in question are, they tell us, determinate and historic. It is primarily this distinctive historicism common to both books that I take as an invitation to consider them as a pair.
The "Corporate Will" Of The United Nations And The Rights Of The Minority, Elisabeth Zoller
The "Corporate Will" Of The United Nations And The Rights Of The Minority, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
In Memoriam: Edward H. Buehrig (1910-1986), Jost Delbruck
In Memoriam: Edward H. Buehrig (1910-1986), Jost Delbruck
Articles by Maurer Faculty
No abstract provided.