Law Commons^™

Split Definitive, Lawrence Baum, Neal Devins

Popular Media

For the first time in a century, the Supreme Court is divided solely by political party.

Bills, Bribery And Brutality: How Rampant Corruption In The Electoral System Has Helped Prevent Democracy In Uganda, Sam Tabachnik

Independent Study Project (ISP) Collection

This study looks at the electoral system in Uganda and the corruption and inefficiencies that go with it. In addition, this study delves into the most common electoral crimes and the way they are committed. Going even deeper, the study examines the reasons for bribery pervasiveness, the role of money in politics and the views locals have of their government and its leaders. Crucial institutions such as police, military, judiciary, Electoral Commission and civil society groups were also discussed in how they relate toelections and politics in Uganda.

The research design was qualitative, historical and descriptive. Information was gatheredby in-person …

Contradictions Between Party And Man: Student Perceptions Of Julius Malema, Annie Elise Shapiro

Independent Study Project (ISP) Collection

In many democratic nations around the world, a large degree of opinions exist in terms of the political parties and leaders. In South Africa, though, for the past 17 years since the end of Apartheid, the same party has ruled the national government, the ANC. In the most recent provincial elections, however, the citizens of the Western Cape voted to elect the DA to represent them. This study, therefore, seeks to explore the views of university students in the Cape Town area, which is the biggest city in the Western Cape, of politics in South Africa. More specifically, this paper …

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.

Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

Assassins are often regarded as ahistorical figures of evil. In this article, I contest this view by analyzing the assassination of President William McKinley by Leon Czolgosz in 1901. There are two purposes to this article. The first is to situate McKinley’s assassination within the history and development of the social sciences, principally sociology, rather than assume that the assassin is a trans-historical representation of willful irresponsibility. The second is to describe and critique the discourse that made Czolgosz into a rational agent once he entered history as an assassin.

Variation In Health Blog Features And Elements By Gender, Occupation, And Perspective, Edward Alan Miller, Antoinette Pole, Clancey Bateman

Department of Political Science and Law Faculty Scholarship and Creative Works

This study explores whether there are gender and occupational differences in the health blogosphere and whether there are differences by blogger perspective. Data were derived from content analysis of 951 health blogs identified between June 2007 and May 2008. Results indicate that male, physician bloggers were more likely to have blogs that feature a SiteMeter, sponsorship, and advertising, which also were more prevalent among those blogging from a professional perspective. Women, bloggers in non-health-related employment, and patient/consumer and caregiver bloggers were more likely to blog about disease and disability; men, bloggers in health-related employment, and professional bloggers were more likely …

Conceptualizing And Measuring Energy Security: A Synthesized Approach, Benjamin K. Sovacool, Ishani Mukherjee

Research Collection School of Social Sciences

This article provides a synthesized, workable framework for analyzing national energy security policies and performance. Drawn from research interviews, survey results, a focused workshop, and an extensive literature review, this article proposes that energy security ought to be comprised of five dimensions related to availability, affordability, technology development, sustainability, and regulation. We then break these five dimensions down into 20 components related to security of supply and production, dependency, and diversification for availability; price stability, access and equity, decentralization, and low prices for affordability; innovation and research, safety and reliability, resilience, energy efficiency, and investment for technology development; land use, …

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Cornell Law Faculty Publications

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …

State Bankruptcy From The Ground Up, David A. Skeel Jr.

All Faculty Scholarship

After a brief, high profile debate, proposals to create a new bankruptcy framework for states dropped from sight in Washington in early 2011. With the debate’s initial passions having cooled, at least for a time, we can now consider state bankruptcy, as well as other responses to states’ fiscal crisis, a bit more quietly and carefully. In this Article, I begin by briefly outlining a theoretical and practical case for state bankruptcy. Because I have developed these arguments in much more detail in companion work, I will keep the discussion comparatively brief. My particular concern here is, as the title …

Tosh, Ted Rockwell (Sc 2462), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and full text of manuscript (Click on "Additional Files" below) for Manuscripts Small Collection 2462. Compact disc with electronic copy of "Benjamin Helm Bristow," a biography of the Elkton, Kentucky native, state senator and U.S. Solicitor General by Ted Rockwell Tosh. The 494-page biography includes bibliography and index.

American Constitutional Law, Otis Stephens

College of Law Faculty Scholarship

No abstract provided.

Corruption And Confidence In Public Institutions: Evidence From A Global Survey, Bianca Clausen, Aart Kraay, Zsolt Nyiri

Department of Political Science and Law Faculty Scholarship and Creative Works

Well-functioning institutions matter for economic development. In order to operate effectively, public institutions must also inspire confidence in those they serve. We use data from the Gallup World Poll, a unique and very large global household survey, to document a quantitatively large and statistically significant negative correlation between corruption and confidence in public institutions. This suggests an important indirect channel through which corruption can inhibit development: by eroding confidence in public institutions. This correlation is robust to the inclusion of a large set of controls for country and respondent-level characteristics. Moreover we show how it can plausibly be interpreted as …

Anonymity And Democratic Citizenship, James A. Gardner

Journal Articles

Many aspects of modern democratic life are or can be performed anonymously – voting, financial contributions, petition signing, political speech and debate, communication with and lobbying of officials, and so forth. But is it desirable for citizens to perform such tasks anonymously? Anonymity frees people from social pressures associated with observation and identifiability, but does this freedom produce behavior that is democratically beneficial? What, in short, is the effect of anonymity on the behavior of democratic citizens, and how should we evaluate it?

In this paper, I attempt a first pass answer to these questions by turning to both democratic …

Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor

Senior Honors Projects

In 1987, the United Nations released the Brundtland Report, which defined sustainable development as “development which meets the needs of the present without compromising the ability of future generations to meet their own needs.” While this definition provides a relatively stable theoretical base from which development economists and political scientists can begin to tackle issues surrounding sustainable development, the inherently amorphous nature of this definition has also created a fair amount of ambiguity in both the economic literature surrounding sustainable development and the subsequent attempts by economists to measure it.

Historically, those interested in the science of development have typically …

Key Issues That Have Not Been Addressed, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The last nine days of hustings period have provided for a most engaging electoral campaign in recent memory. There seems to be a nascent but growing political consciousness and Singaporeans are not shy to express their political inclinations and loyalties.

The Senate: Out Of Order?, Aaron-Andrew P. Bruhl

Faculty Publications

Due to the routine use of the filibuster and related devices, today’s Senate operates as a supermajoritarian body. This Symposium Article considers whether this supermajoritarian aspect of the Senate renders it dysfunctional and, if so, what can be done about it. I contend that the Senate is indeed broken. Its current supermajoritarian features have pernicious effects. Further, and contrary to the claims of many of the Senate’s defenders, this aspect of the Senate is not part of the original design. I go on to explain why the Senate’s procedures, despite their deficiencies, have nonetheless proven resistant to reform. The impediment …

When The Government Is The Controlling Shareholder, Marcel Kahan, Edward B. Rock

All Faculty Scholarship

As a result of the 2008 bailouts, the United States Government is now the controlling shareholder in AIG, Citigroup, GM, GMAC, Fannie Mae and Freddie Mac. Corporate law provides a complex and comprehensive set of standards of conduct to protect non-controlling shareholders from controlling shareholders who have goals other than maximizing firm value. In this article, we analyze the extent to which these existing corporate law structures of accountability apply when the government is the controlling shareholder, and the extent to which federal “public law” structures substitute for displaced state “private law” norms. We show that the Delaware restrictions on …

China And The New Asia: Policy Recommendations, Tasha N. Haug

Senior Honors Theses

The People’s Republic of China is an indispensable political and economic force in Asia. With the majority of the United States’ foreign economic interests invested in the Asia-Pacific region, the leading role that China is taking is a major concern. The Asia-Pacific region is strategically important to the US. How US policy makers craft foreign policy toward Asia has a direct impact on US involvement in the region. Unless the US becomes more invested in Asia, develops a comprehensive understanding of China’s role in the region, and proactively pursue strategic relationships, US influence in Asian affairs will become a thing …

Implementing Dodd-Frank: A Review Of The Cftc‟S Rulemaking Process: Testimony, Michael Greenberger

Congressional Testimony

The Relationship of Unregulated OTC Derivatives to the Meltdown. It is now accepted wisdom that it was the non-transparent, poorly capitalized, and almost wholly unregulated over-the-counter (“OTC”) derivatives market that lit the fuse that exploded the highly vulnerable worldwide economy in the fall of 2008. Because tens of trillions of dollars of these financial products were pegged to the economic performance of an overheated and highly inflated housing market, the sudden collapse of that market triggered under-capitalized or non-capitalized OTC derivative guarantees of the subprime housing investments. Moreover, the many undercapitalized insurers of that collapsing market had other multi-trillion dollar …

The Origins Of Modern International Chemical Weapons Law, Albert H. Rivero

Maria Dittman Library Research Competition: Student Award Winners

No abstract provided.

Why Now And What's Next: The February 20th Movement’S Challenge To The State, Marina Balleria

Independent Study Project (ISP) Collection

The Moroccan state takes a nuanced place among autocracies and democracies—the regime features fundamental democratic institutions and while the central power of the monarchy is maintained through a constellation of political, economic, social, and cultural institutions. In this case, David Brumberg’s classification of “liberalized autocracies” is useful, which defines these states as using a mixture of “guided pluralism, controlled elections and selective repression” to maintain and centralize power[1] This political structure of liberalized autocracy creates sufficient political opportunity for various protest movements to emerge but until recently few have successfully enacted change. The February 20^th protest movement, inspired …

Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 343. Correspondence, legal papers, financial records and sundry other documents related to Eugene Scott Brown and his father-in-law, Gilbert Marshall Mulligan, attorneys of Scottsville, Allen County, Kentucky. Also includes stray Allen County court records, research notes related to the Civil War, and records about early telephone service in Allen County.

Courts, Social Change, And Political Backlash, Michael Klarman

Philip A. Hart Memorial Lecture

On March 31, 2011, Professor of Law, Michael Klarman of Harvard Law School delivered the Georgetown Law Center’s thirty-first annual Philip A. Hart Lecture: “Courts, Social Change, and Political Backlash.” Included here are the speaker's notes from this lecture.

Michael Klarman is the Kirkland & Ellis Professor at Harvard Law School. Formerly, he was the James Monroe Distinguished Professor of Law, Professor of History, and the Elizabeth D. and Richard A. Merrill Research Professor at the University of Virginia School of Law. Klarman specializes in the constitutional history of race.

Klarman holds a J.D. from Stanford Law School, a D.Phil. …

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20^th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …

[Features Of Conventional Scholarly Wisdom About The Thirteenth Amendment], Pamela Brandwein

Schmooze 'tickets'

No abstract provided.

Government Policies Must Keep Business On Tight Rein, Paul Donnelly, John Hogan, Brendan O'Rourke

Articles

The unethical behaviour that helped create the economic and banking crisis has caught the attention of some parties.

The Democratic Common Law, Matthew J. Steilen

Journal Articles

This article explores the democratic features of common-law judicial law-making. It begins by examining the so-called “classical” account of the common law, associated with English jurists Edward Coke and Matthew Hale. These jurists describe the common law as a kind of “reasonable custom” that emerges out of a public process in which lawyers exchange reasons with the court about how to resolve a dispute. The article then turns to modern common-law adjudication, and, drawing on the work of Fred Schauer, Edward Levi, Martin Golding, and others, shows how public deliberation prominently features in the modern adjudicative process as well. The …

India In 2010: Robust Economics Amid Political Stasis, Shalendra Sharma

Politics

The Congress Party, although in a strong position to improve matters in 2010, generally proved disappointing, especially in the realm of governance and public policy. However, Indian authorities did demonstrate the ability to manage the economy well in a challenging international economic climate. President Obama’s three-day trip helped to reinvigorate bilateral ties, but India’s relations with China and Pakistan remained testy.

Political Satire And Political News: Entertaining, Accidentally Reporting Or Both? The Case Of The Daily Show With Jon Stewart (Tds), Dana Neacsu

Law Faculty Publications

For the last decade, The Daily Show with Jon Stewart (TDS), a (Comedy Central) cable comedy show, has been increasingly seen as an informative, new, even revolutionary, form of journalism. A substantial body of literature appeared, adopting this view. On closer inspection, it became clear that this view was tenable only in specific circumstances. It assumed that the comedic structure of the show, TDS' primary text, promoted cognitive polysemy, a textual ambiguity which encouraged critical inquiry, and that TDS' audiences perceived it accordingly. As a result I analyzed, through a dual - encoding/decoding - analytical approach, whether TDS' comedic discourse …

The Legitimating Role Of Consent In International Law, Matthew J. Lister

All Faculty Scholarship

According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but …