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Full-Text Articles in Law

Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown Nov 2011

Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown

George D. Brown

Most of the judges in America are elected. Yet the institution of the elected judiciary is in trouble, perhaps in crisis. The pressures of campaigning, particularly raising money, have produced an intensity of electioneering that many observers see as damaging to the institution itself. In an extraordinary development, four justices of the Supreme Court recently expressed concern over possible loss of trust in state judicial systems. Yet mechanisms that states have put in place to strike a balance between the accountability values of an elected judiciary and rule of law values of unbiased adjudication are increasingly invalidated by the federal …


Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown Nov 2011

Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown

George D. Brown

In this Article, Professor Brown examines the issues that federal prosecutions of state and local officials pose. The analysis focuses on prosecutions under the mail fraud statute and considers the general debate over the proper scope of federal criminal law. Professor Brodin addresses the question of whether a re-examination of mail fraud would focus on constitutional or statutory issues and by utilizing the Supreme Court case United States v. Lopez examines the question of internal limits on the mail fraud statute.


The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown Nov 2011

The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown

George D. Brown

In this Article, Professor George Brown identifies a seeming inconsistency in the Supreme Court’s treatment of federal-state private law forum shopping and state-state private law forum shopping. Professor Brown notes that the Court has been explicit in its condemnation of federal-state forum shopping, but apparently accepts, and even encourages, state-state private law forum shopping. This is strange behavior from a conservative Court, since forum shopping threatens traditional conservative values such as the desire to curtail the proliferation of lawsuits and a general pro-defendant stance. Furthermore, Erie Railroad Co. v. Tompkins clearly rejected forum shopping. Professor Brown reconciles these seemingly contrary …


Stealth Statute – Corruption, The Spending Power, And The Rise Of 18 U.S.C. § 666, George D. Brown Dec 1997

Stealth Statute – Corruption, The Spending Power, And The Rise Of 18 U.S.C. § 666, George D. Brown

George D. Brown

No abstract provided.


The Courts And Grant Reform: A Time For Action, George D. Brown Dec 1980

The Courts And Grant Reform: A Time For Action, George D. Brown

George D. Brown

No abstract provided.


An Introduction To The Community Development Litigation And Its Impact, George D. Brown Dec 1979

An Introduction To The Community Development Litigation And Its Impact, George D. Brown

George D. Brown

Paper from Advisory Committee on Intergovernmental Relations Conference on Federal Grant Law held December 12, 1979 in Washington, D.C.


Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown Dec 1978

Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown

George D. Brown

No abstract provided.


Review Of Environmental And Land Controls Legislation By Daniel R. Mandelker, George D. Brown Dec 1977

Review Of Environmental And Land Controls Legislation By Daniel R. Mandelker, George D. Brown

George D. Brown

No abstract provided.


Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown Nov 1977

Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown

George D. Brown

In 1972 Congress added General Revenue Sharing to the list of federal grant-in-aid programs for states and localities. President Nixon had recommended Revenue Sharing, as apart of his "New Federalism," because it would foster local autonomy by minimizing federal restrictions on the grants. When General Revenue Sharing was renewed in 1976, Congress made no changes in the formula, leading some commentators to minimize the significance of those changes which were made. Professor Brown argues that the 1976 renewal amendments to the Revenue Sharing Act are an example of "interventionist federalism," a new form of federal influence over state and local …


State Land Use Laws And Regional Institutions, George D. Brown Dec 1974

State Land Use Laws And Regional Institutions, George D. Brown

George D. Brown

No abstract provided.