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Full-Text Articles in Law
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
Law and Contemporary Problems
A major reason that many people are intensely interested in who sits on the Supreme Court is that legal decisions can have great influence on the effectuation or frustration of political objectives. Clayton does not view the trend toward the "judicialization" of politics as necessarily antithetical to democratic values because Court decisions are within the mainstream of contemporary political values and electoral preferences.
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Law and Contemporary Problems
Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Law and Contemporary Problems
Deliberative democracy is one of the most discussed contemporary political theories. Schroeder argues that its central claim can be understood as the claim that politics needs to become more like law. While specific recommendations to make specific decision processes more deliberative are fair, the attempt to efface the distinctively non-lawlike attributes of politics entirely cannot withstand scrutiny.
Bush V. Gore And The French Revolution: A Tentative List Of Some Early Lessons, Sanford Levinson
Bush V. Gore And The French Revolution: A Tentative List Of Some Early Lessons, Sanford Levinson
Law and Contemporary Problems
Levinson examines the Supreme Court's decision in "Bush v. Gore" as an entry-point into understanding American constitutional culture. "Law," as people ordinarily think of it, may be much less important than people might believe (or hope) with regard to controlling politics. But "law" in another way may have Americans gripped within a constitutional iron cage that makes it next to impossible to engage in a cogent discussion of what might ail contemporary American polity and, concomitantly, what might be needed by way of reforms.
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
Law and Contemporary Problems
Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.
Telling Miller’S Tale: A Reply To David Yassky, Brannon P. Denning, Glenn H. Reynolds
Telling Miller’S Tale: A Reply To David Yassky, Brannon P. Denning, Glenn H. Reynolds
Law and Contemporary Problems
A recent article by Professor David Yassky suggests that there is a segment of legal academia that dissents from the Standard model and has started to generate alternatives to the Standard Model. Denning and Reynolds critique that part of Yassky's theory dismissing "United States v. Miller" as providing the basis for an individual rights interpretation of the Second Amendment.
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Law and Contemporary Problems
The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.