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Full-Text Articles in Law
Court Expansion And The Restoration Of Democracy: The Case For Constitutional Hardball, Aaron Belkin
Court Expansion And The Restoration Of Democracy: The Case For Constitutional Hardball, Aaron Belkin
Pepperdine Law Review
Neither electoral politics, norms preservation, nor modest good government reform can restore the political system because they cannot mitigate the primary threat to the American democracy, Republican radicalism. Those who believe otherwise fail to appreciate how and why radicalism will continue to impede democratic restoration regardless of what happens at the ballot box, misdiagnose the underlying factors that produce and sustain GOP radicalism, and under-estimate the degree of democratic deterioration that has already taken place. Republicans do not need to prevail in every election to forestall the restoration of democracy or to prevent Democrats from governing. The only viable path …
A Call For America's Law Professors To Oppose Court-Packing, Bruce Ledewitz
A Call For America's Law Professors To Oppose Court-Packing, Bruce Ledewitz
Pepperdine Law Review
A Court-packing proposal is imminent. Mainstream Democratic Party Presidential Candidates are already supporting it. The number of Justices on the Supreme Court has been set at nine since 1869, but this is merely a statutory requirement. As soon as Democrats regain control of the Presidency and the Congress, Court-packing will be on the agenda, either expressly or under the guise of Court-reform. Now is the time for the American legal academy to join together to oppose this threat. Court-packing would threaten democracy, destroy the rule of law and undermine judicial independence. It is a pointless and unnecessary reaction born of …
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.