Law Commons^™

The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang

Sean Farhang

This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …

The Future Of Governmental Ethics: Law And Morality, Jon L. Mills

Jon L. Mills

Based on a speech presented at the 16th International Symposium on Economic Crime, Cambridge University, England September 13-19, 1998.

A Quantum Congress, Jorge R. Roig

Jorge R Roig

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

El Derecho A Votar Desde El Extranjero, Pablo Marshall

Pablo Marshall

This paper presents certain elements, mainly taken from comparative law and political theory, which can make more intelligible the discussion on the vote from abroad in the Chilean political system. The first part of this work shows the importance of discussing its foundation by clarifying some of its philosophical premises. The second part of this paper examines the constitutional reform bill that was rejected by Congress, concluding that it was affected by significant theoretical problems. Finally, the third part of the paper considers the particular elements that legislation on voting from abroad should consider.

Notas Sobre El Contenido Del Principio De La Democracia, Pablo Marshall

Pablo Marshall

This paper seeks to expose the substantive aspects of the principle of democracy. It focuses, in the important research, inspired by the methodology of Carl Schmitt, that EW Böckenförde been made about the content and scope of the democratic clause in positive constitutional law. To that objective, was make a brief explanation of the role that have democracy in the theory of forms of government. After that was explain the foundations, role and application of the principle of democracy as a constitutional principle recognized in legal system. It ends with a brief application of this theory to the case of …

Atlantean Prose And The Search For Democracy, Nick J. Sciullo

Nick J. Sciullo

Atlantis, the Lost City, has been a focal point of folklore, archeological inquiry, literary criticism, and mystic interpretation. It has boggled the brilliant, confused scientists, and sparked the interest of children. "Skeptics, archaeologists, geologists, and anthropologists may rant and rave, but the myth of Atlantis endures. In every generation, someone emerges to champion the cause and to embroider the story." But the significance of Atlantean prose as an avenue through which to best understand critical legal thought has not been explored in depth. To be sure, there have been numerous books, articles, and opinions analyzing Atlantis, but little attention has …