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Articles 1 - 25 of 25
Full-Text Articles in Law
Jefferson's Constitutions, Gerald F. Leonard
Jefferson's Constitutions, Gerald F. Leonard
Faculty Scholarship
Between 1787 and 1840, the Constitution gained a far more democratic meaning than it had had at the Founding, and Thomas Jefferson was a key figure in the process of democratization. But, while more democratic in inclination than many of the Framers, he fell far short of the radically democratic constitutionalism of his most important acolytes, Martin Van Buren and Andrew Jackson. This chapter of Constitutions and the Classics explains that Jefferson was actually much less attached to democracy and more to law as the heart of the republican Constitution. Compared to the 1830s founders of the nation’s democratic Constitution, …
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Deal Leaves Court Issues Unresolved, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
So We Ran..., Sara R. Bias
So We Ran..., Sara R. Bias
Student Publications
This paper tells the true story of a Hungarian refugee who's family fled the communist regime there in 1971. Gabriella Bercze's story reflects on what it was like to live in Hungary under communist rule, and her family's experience in escaping the country, and fleeing to Italy, where they lived in a refugee camp for months before immigrating to the United States in the early 70s.
Jimmy Gurule Presented At A Judicial Conference On "Democracy And The Judiciary In Bogota, Colombia On August 14, Jimmy Gurule
Jimmy Gurule Presented At A Judicial Conference On "Democracy And The Judiciary In Bogota, Colombia On August 14, Jimmy Gurule
Faculty Lectures and Presentations
Jimmy Gurule presented at a judicial conference on "Democracy and the Judiciary in Bogota, Colombia on August 14.
Schedule of conference attached.
Managing Democracy In Social Movement Organizations, Austin Choi-Fitzpatrick
Managing Democracy In Social Movement Organizations, Austin Choi-Fitzpatrick
School of Peace Studies: Faculty Scholarship
Leaders are crucial to social movement mobilization and maintenance. They often experience conflict between a value for inclusive engagement and a sense that they are moving efficiently toward their organizations' goals. This study draws on a multisite ethnography to suggest two mechanisms through which leaders may resolve this conflict: staging (manipulating organizational procedures) and scripting (using language to reinforce these procedures). Resolving tension in this way often leaves the leader in control of organizational processes and outcomes, and has the unintended effect of stifling the actual process of democratic participation. This study emphasizes the culturally embedded inertia of the democratic …
Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders
Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders
Articles by Maurer Faculty
No abstract provided.
The Impact Of Political Social Motivation, Trust In Government, External Political Efficacy, Internal Political Efficacy And Personal Motivation On Political Engagement Behavior Among Young Adult College Students, Maurice Mongkuo, Melissa L. Lyon
The Impact Of Political Social Motivation, Trust In Government, External Political Efficacy, Internal Political Efficacy And Personal Motivation On Political Engagement Behavior Among Young Adult College Students, Maurice Mongkuo, Melissa L. Lyon
Government and History Faculty Working Papers
Aim: This study assesses the impact of political social motivation, trust in government, political efficacy, and personal motivation on political engagement behavior among young adult college students.
Study Design: Quasi-experimental One-shot Case Study Design.
Place and duration of study: Fayetteville State University; January 2014 to May 2014.
Methodology: Survey data of indicators of the five latent constructs was collected from college students. Exploratory principal component factor analysis and Cronbach’s alpha test were performed to identify the factorial structure of the each of the political engagement questionnaire. Structural equation modeling analysis was performed to estimate the overall …
Promoting Justice, Peace, And Understanding Through Partnerships And Dialogue, Center For Peace, Democracy, And Development, University Of Massachusetts Boston
Promoting Justice, Peace, And Understanding Through Partnerships And Dialogue, Center For Peace, Democracy, And Development, University Of Massachusetts Boston
Office of Community Partnerships Posters
The Center for Peace, Democracy and Development (CPDD) promotes conflict resolution, democracy, economic development, education building, media development, and legal and judicial reform through partnerships and training programs across the globe. We offer academic and practical expertise across the spectrum of conflict management and democratic governance. Moreover, we mentor the next generation of peace and democracy builders from the UMass Boston student body who actively participate in many of our initiatives. The Restorative Justice Mediation Project (RJUMP) is a university-based program that aims to provide restorative justice services, education and training to the Suffolk County law enforcement community, department of …
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Pa. Gay Marriage With An Exemption, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Us Should Respect Venezuela’S Democracy, Lauren Carasik
The Us Should Respect Venezuela’S Democracy, Lauren Carasik
Media Presence
No abstract provided.
Habermas's Sociological And Normative Theory Of Law And Democracy: A Reply To Wirts, Flynn, And Zurn, Hugh Baxter
Habermas's Sociological And Normative Theory Of Law And Democracy: A Reply To Wirts, Flynn, And Zurn, Hugh Baxter
Faculty Scholarship
In "Between Facts and Norms" (1996) Habermas presents the more straightforward normative discourse theory of law and democracy, in terms of contemporary legal orders, and then examines, in terms of social theory, whether the theory is plausible, given the complex nature of today’s conditions. The following article focuses in particular on Habermas’ social theory. It is critical of Habermas’ idea of ‘the lifeworld’ and discusses whether the circulation-of-power model might be mapped onto the system – lifeworld model.
Education Rights And The New Due Process, Areto A. Imoukhuede
Education Rights And The New Due Process, Areto A. Imoukhuede
Faculty Scholarship
This Article argues for a human dignity-based, due process clause analysis to recognize the fundamental duty of government to provide high quality, public education. Access to public education is a fundamental duty, or positive fundamental right because education is a basic human need and a constituent part of all democratic rights.
Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz
Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz
The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Feminism, Democracy, And The "War On Women", Michele E. Gilman
Feminism, Democracy, And The "War On Women", Michele E. Gilman
All Faculty Scholarship
This article analyzes the social conservative attacks on women preceding the 2012 election cycle, known as the War on Women, and the ensuing feminist response. Combat was waged on many fronts, including abortion restrictions, access to contraception, funding for Planned Parenthood, welfare programs, and workplace fairness. The article discusses what this "war" means for the complex relationship between feminism and democracy. American democracy has had both liberating and oppressive effects for women, while feminism has sometimes struggled internally to appropriate the values of democracy and externally to harness its potential. Accordingly, the article explains the major political theories regarding feminism …
Stuck: Fictions, Failures And Market Talk As Race Talk, Athena D. Mutua
Stuck: Fictions, Failures And Market Talk As Race Talk, Athena D. Mutua
Journal Articles
ClassCrits is a network of scholars and activists interested in critical analysis of law, the economy, and inequality. We aim to better integrate the rich diversity of economic methods and theories into law by exploring and engaging a variety of heterodox economic theories; including reviving, from the margins and shadowy past, discussions of class relations and their possible relevance to the contemporary context.
As a participant in the ClassCrits VI conference entitled, “Stuck in Forward: Debt, Austerity and the Possibilities of the Political”, I sat there at the end of the first day and puzzled over the fact that our …
Partitioning And Rights: The Supreme Court’S Accidental Jurisprudence Of Democratic Process, James A. Gardner
Partitioning And Rights: The Supreme Court’S Accidental Jurisprudence Of Democratic Process, James A. Gardner
Journal Articles
In democracies that allocate to a court responsibility for interpreting and enforcing the constitutional ground rules of democratic politics, the sheer importance of the task would seem to oblige such courts to guide their rulings by developing an account of the nature and prominent features of the constitutional commitment to democracy. The U.S. Supreme Court, however, has from the beginning refused to develop a general account – a theory – of how the U.S. Constitution establishes and structures democratic politics. The Court’s diffidence left a vacuum at the heart of its constitutional jurisprudence of democratic process, and like most vacuums, …
Business-Managed Democracy: The Transnational Class, Sharon Beder
Business-Managed Democracy: The Transnational Class, Sharon Beder
Faculty of Law, Humanities and the Arts - Papers (Archive)
“The rise of corporate power and the increasing importance accorded to markets mean that transnational corporations are eclipsing the nation state as the driving force behind policy-making. Free trade has been given precedence over goals such as environmental protection, improved working conditions, affordable and accessible electricity and water, universal health care and schooling.”
Hollowed-Out Democracy, Kate Andrias
Hollowed-Out Democracy, Kate Andrias
Articles
Professors Joseph Fishkin’s and Heather Gerken’s essay for this symposium, The Two Trends That Matter for Party Politics, along with the larger project of which it is a part, marks a notable turn (or return) in the law-of-democracy field. Unlike much recent scholarship, Fishkin’s and Gerken’s work does not offer a comprehensive theory of corruption or equality, but instead analyzes the relationship between campaign finance law and the actual functioning of political parties in our democracy. In brief, Fishkin and Gerken tell us that our contemporary political parties are at once highly polarized and oddly weak. They claim this is …
Neoliberalism And The Good Daddies And Bad Daddies Of Academic Freedom, Stewart Chang
Neoliberalism And The Good Daddies And Bad Daddies Of Academic Freedom, Stewart Chang
Scholarly Works
In this micro symposium article, Professor Stewart Chang joins his colleagues in addressing the questions posed by Stanley Fish, in his article, "Versions of Academic Freedom: From Professionalism to Revolution." Professor Chang specifically seeks to answer "What is the relationship between academic freedom and democracy?" as applied to Singapore.
Observers As Participants: Letting The Public Monitor The Criminal Justice Bureaucracy, Stephanos Bibas
Observers As Participants: Letting The Public Monitor The Criminal Justice Bureaucracy, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans
Juries, Lay Judges, And Trials, Toby S. Goldbach, Valerie P. Hans
All Faculty Publications
“Juries, Lay Judges, and Trials” describes the widespread practice of including ordinary citizens as legal decision makers in the criminal trial. In some countries, lay persons serve as jurors and determine the guilt and occasionally the punishment of the accused. In others, citizens decide cases together with professional judges in mixed decision-making bodies. What is more, a number of countries have introduced or reintroduced systems employing juries or lay judges, often as part of comprehensive reform in emerging democracies. Becoming familiar with the job of the juror or lay citizen in a criminal trial is thus essential for understanding contemporary …
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale
Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale
Faculty Scholarship
In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …
Ethnic Power Sharing: Three Big Problems, Donald L. Horowitz
Ethnic Power Sharing: Three Big Problems, Donald L. Horowitz
Faculty Scholarship
No abstract provided.