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Articles 1 - 30 of 52
Full-Text Articles in Law
The Syracuse Conference On A World Rule Of Law: American Perspectives - An Introduction, Malcolm M. Feeley
The Syracuse Conference On A World Rule Of Law: American Perspectives - An Introduction, Malcolm M. Feeley
Malcolm Feeley
No abstract provided.
Democracy And Torture, Patrick A. Maurer
Democracy And Torture, Patrick A. Maurer
Patrick A Maurer
September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.
Europe's Darker Legacies; Notes On Mirror Reflections, The Constitution As Fetish, And Other Such Linkages Between The Past And The Future Darker Legacies Of Law In Europe; The Shadow Of National Socialism And Fascism Over Europe And Its Legal Traditions Edited, By Christian Joerges And Navraj Singh Ghaleigh (Eds); European Constitutionalism Beyond The State, By J. H. H. Weiler And Marlene Wind (Eds), Peer Zumbansen
Peer Zumbansen
No abstract provided.
Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow
Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow
Trevor C. W. Farrow
This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration regimes), (2) looks at some of the benefits and drawbacks of privatization, specifically including negative impacts on systems of democratic governance, and (3) identifies justice - rather than efficiency - as the primary benchmark by which civil justice reform initiatives should be judged.
Are Jurisprudential Debates Conceptual?: Some Lessons From Democratic Theory, Dan Priel
Are Jurisprudential Debates Conceptual?: Some Lessons From Democratic Theory, Dan Priel
Dan Priel
The dominant view among legal philosophers is that jurisprudential debates about the nature of law are conceptual. In this article I challenge this view. I do so by comparing these debates to debates about the justification of democracy and showing that the arguments found in both are often very similar. I demonstrate that in both domains, there are arguments on one side that explain an institution (either law or democracy) in terms of its ability to help people lead a better life, and there are arguments on the other side that highlight the value of these institutions in promoting political …
South Africa's Agricultural Sector Twenty Years After Democracy (1994 To 2013), Jan C. Greyling, Nick Vink, Edward Mabaya
South Africa's Agricultural Sector Twenty Years After Democracy (1994 To 2013), Jan C. Greyling, Nick Vink, Edward Mabaya
Professional Agricultural Workers Journal
Abstract
South Africa’s agricultural sector has undergone substantial policy reform since the dawn of democracy in 1994. Now, twenty years later, it is an opportune time to look back at this period to review key successes and failures. This article revisits South Africa’s context and policy at the start of this period, the reforms that followed, and evaluates the transformational effect (or lack thereof) on the sector. For this purpose, the article pulls from both qualitative sources and descriptive statistics to provide both a historical context and current perspective. The analysis shows that redistributive land reform and smallholder support programs …
Taking State Constitution Seriously, Marvin Krislov, Daniel M. Katz
Taking State Constitution Seriously, Marvin Krislov, Daniel M. Katz
Daniel M Katz
No abstract provided.
The Future Of Governmental Ethics: Law And Morality, Jon L. Mills
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.
Hopeful Losers? A Moral Case For Mixed Electoral Systems, Loren King
Hopeful Losers? A Moral Case For Mixed Electoral Systems, Loren King
Political Science Faculty Publications
Liberal democracies encourage citizen participation and protect our freedoms, yet these regimes elect politicians and decide important issues with electoral and legislative systems that are less inclusive than other arrangements. Some citizens inevitably have more influence than others. Is this a problem? Yes, because similarly just but more inclusive systems are possible. Political theorists and philosophers should be arguing for particular institutional forms, with particular geographies, consistent with justice.
Les démocraties libérales encouragent la participation citoyenne et protègent nos libertés. Pourtant, ces régimes élisent des politiciens et décident de problèmes importants via les systèmes électoral et législatif, qui sont moins …
Four Models Of Jury Democracy, Jeffrey Abramson
Four Models Of Jury Democracy, Jeffrey Abramson
Chicago-Kent Law Review
This article proposes a theory of “representative deliberation” to describe the democratic ideal that jurors seek to practice. Given its long history, the jury does not fit neatly into any one of the most familiar types of democracy, such as direct democracy, representative democracy, or deliberative democracy. However, the jury does hold together elements of all of these theories. In line with direct democracy, we select jurors from the people-at-large. In line with representative democracy, we seek to draw jurors from a representative cross-section of the community. In line with deliberative democracy, jurors talk as well as vote and seek …
Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt
Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt
Cynthia R. Farina
This Article considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University. An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …
The End Of The Cold War: Can American Constitutionalism Survive Victory?, Stephen M. Feldman
The End Of The Cold War: Can American Constitutionalism Survive Victory?, Stephen M. Feldman
Stephen M. Feldman
The nation's Cold War battle against the Soviet Union pervasively influenced American law and society, as numerous scholars have observed. The Cold War, for instance, spurred the strengthening of civil rights and the capitalist economy. The federal government needed to protect civil rights, at least symbolically, to deflect Soviet denunciations of democracy. Meanwhile, the ostentatious exhibition and use of American consumer products contrasted American economic prosperity with Soviet struggles. Thus, during the Cold War, the government and the capitalist leaders were bonded together in a struggle against the communist enemy. The overriding desire for Cold War victory tempered potential political …
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández
Journal of Race, Gender, and Ethnicity
No abstract provided.
Shelby, Race, And Disability Rights, Ravi Malhotra
Shelby, Race, And Disability Rights, Ravi Malhotra
Journal of Race, Gender, and Ethnicity
No abstract provided.
Preferential Judicial Activism, Sudha Setty
Preferential Judicial Activism, Sudha Setty
Journal of Race, Gender, and Ethnicity
No abstract provided.
Frederick Douglass On Shelby County, Olympia Duhart
Frederick Douglass On Shelby County, Olympia Duhart
Journal of Race, Gender, and Ethnicity
No abstract provided.
Post Oppression, Christian B. Sundquist
Post Oppression, Christian B. Sundquist
Journal of Race, Gender, and Ethnicity
No abstract provided.
Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan
Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan
Journal of Race, Gender, and Ethnicity
No abstract provided.
Shelby County V. Holder: A Critical Analysis Of The Post-Racial Movement’S Relationship To Bystander Denial And Its Effect On Perceptions Of Ongoing Discrimination In Voting, Abra S. Mason
Journal of Race, Gender, and Ethnicity
No abstract provided.
Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy
Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy
Journal of Race, Gender, and Ethnicity
No abstract provided.
Setting Congress Up To Fail, Margaret B. Kwoka
Setting Congress Up To Fail, Margaret B. Kwoka
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Voting Game, Sarah R. Robinson
The Voting Game, Sarah R. Robinson
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Second Reconstruction Is Over, Robert V. Ward Jr.
The Second Reconstruction Is Over, Robert V. Ward Jr.
Journal of Race, Gender, and Ethnicity
No abstract provided.
Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer
Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer
Journal of Race, Gender, and Ethnicity
No abstract provided.
Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood
Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood
Journal of Race, Gender, and Ethnicity
No abstract provided.
Demography And Democracy, Phyllis Goldfarb
Demography And Democracy, Phyllis Goldfarb
Journal of Race, Gender, and Ethnicity
No abstract provided.
Elimination Dance, Sarah Jane Forman
Elimination Dance, Sarah Jane Forman
Journal of Race, Gender, and Ethnicity
No abstract provided.
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Journal of Race, Gender, and Ethnicity
No abstract provided.
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Legal Standards For Intervention In Internal Conflicts, John N. Moore
Legal Standards For Intervention In Internal Conflicts, John N. Moore
Georgia Journal of International & Comparative Law
No abstract provided.