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Full-Text Articles in Law

Give A Hoot, Don’T Pollute: The Roberts Court And The Environment, David A. Schultz Apr 2008

Give A Hoot, Don’T Pollute: The Roberts Court And The Environment, David A. Schultz

David A Schultz

Analysis and predictions on the jurisprudential direction of the Roberts Court have thus far produced articles examining its possible impact on several areas of law, but so far none have assessed the Court’s treatment of environmental issues in a comprehensive fashion, even though it has decided seven cases in this area in the 2005 and 2006 terms. This Article reviews these seven decisions, concluding that based on them there is no discernable pro-business bias thus far as some had predicted. However, the Court is very divided ideologically on environmental issues, suggesting that the next presidential appointment could have a major …


Less Than Fundamental: The Myth Of Voter Fraudand The Coming Of The Second Great Disenfranchisement, David A. Schultz Jan 2008

Less Than Fundamental: The Myth Of Voter Fraudand The Coming Of The Second Great Disenfranchisement, David A. Schultz

David A Schultz

This article examines the issue of voter fraud and efforts to regulate it through new photo identification requirements. The overall thesis is that voting fraud is a pretext for a broader agenda to disenfranchise Americans and rig elections. However, the more specific focus of this article is both to examine the evidence of fraud and the litigation around voter IDs thus far, and what supporters of voting rights can learn from both as they move forward and challenge these laws in the future. The Article will argue that the evidence being offered for the photo IDs does not justify the …


Lies, Damn Lies, And Voter Ids: The Fraud Of Voter Fraud, David A. Schultz Jan 2008

Lies, Damn Lies, And Voter Ids: The Fraud Of Voter Fraud, David A. Schultz

David A Schultz

No abstract provided.


“Regulating The Political Thicket: Congress, The Courts, And State Reapportionment Commissions", David A. Schultz Dec 2007

“Regulating The Political Thicket: Congress, The Courts, And State Reapportionment Commissions", David A. Schultz

David A Schultz

No abstract provided.


Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David A. Schultz Dec 2007

Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David A. Schultz

David A Schultz

Post 9-11 concerns in the United States, among the European Union (EU) members, and other western democracies regarding international terrorism forced convergence of the traditionally distinct policy areas of domestic criminal justice and national security. This convergence has produced several policy and institutional conflicts that pit individual rights against homeland security, domestic law and institutions against international norms and tribunals, and criminal justice agencies against national security organizations. This Article examines regime responses to international terrorism, principally in the United States, in comparison to the European Union, seeking to describe the consequences of the merger of criminal justice norms with …