Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Democracy (2)
- Administrative agencies (1)
- Baker v. Carr (1)
- Comparative government (1)
- Constitutional law (1)
-
- Cost effectiveness (1)
- Criminal code (1)
- Encyclopedias and dictionaries (1)
- Enforcement bureaucracy (1)
- Federal criminal justice system (1)
- Federal substantive law (1)
- Judges--Discipline (1)
- Law and Courts Newsletter (1)
- Legislative bodies (1)
- Nationalism (1)
- Natural law (1)
- Political philosopher (1)
- Public reason (1)
- Risk assessment (1)
- Stem cell debate (1)
- Teleology (1)
- Villanova Law Review (1)
- Well-being (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Constitutional Pluralism And Democratic Politics: Reflections On The Interpretive Approach Of Baker V. Carr, Guy-Uriel Charles
Faculty Scholarship
Baker v. Carr is one of the Supreme Court's most important opinions, not least because its advent signaled the constitutionalization of democracy. Unfortunately, as is typical of the Court's numerous forays into democratic politics, the decision is not accompanied by an apparent vision of the relationship among democratic practice, constitutional law, and democratic theory. In this Article, Professor Charles revisits Baker and provides several democratic principles that he argues justifies the Court's decision to engage the democratic process. He examines the decision from the perspective of one of its chief contemporary critics, Justice Frankfurter. He sketches an approach, described as …
Book Review, Donald L. Horowitz
The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler
The Positive Political Theory Of Cost-Benefit Analysis: A Comment On Johnston, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Constitutional Design: Proposals Versus Processes, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Comments On The Symposium: Expanding Research Opportunities On The Federal Criminal Justice System, Daniel C. Richman
Comments On The Symposium: Expanding Research Opportunities On The Federal Criminal Justice System, Daniel C. Richman
Faculty Scholarship
A full understanding of how the federal enforcement bureaucracy will elude us without a rich understanding of what makes prosecutors (or agents) tick. However, I suspect that the best way to reach that goal is not to start with this ultimate question. After all, to look closer to home, what do professors “maximize” when they grade papers? Progress is much more likely to be made if we follow Jim Eisenstein and focus on, first, identifying the most salient features of the bureaucratic environment, and, second, getting a handle on their relative influences.
Natural Law And Public Reasons, Kent Greenawalt
Natural Law And Public Reasons, Kent Greenawalt
Faculty Scholarship
In this Lecture I shall discuss the reasons that officials and citizens should rely upon in American politics. In recent years, various theorists have claimed that people in liberal democracies should rely in politics on "public reasons," reasons that are accessible to all citizens. Others have objected that such a counsel is unreasonable, if not incomprehensible. I shall concentrate on two facets of this issue. First, does the law exemplify a structure of public reasons – that is, do judges deciding cases draw on a stock of public reasons that is narrower than all the reasons one might give for …