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Articles 1351 - 1380 of 6502
Full-Text Articles in Law
Terrorism And Democratic Recession, Aziz Huq
Terrorism And Democratic Recession, Aziz Huq
University of Chicago Law Review
This Essay examines the potential causal mechanisms that plausibly link the occurrence of terrorism within a polity to that polity’s democratic decline. That causal pathway is often asserted in political rhetoric about terrorism. But such assertions do not rest on a robust body of theory or empirical knowledge. I hypothesize three pathways along which acts of terrorism might lead to a decline in democratic practices. These three pathways work through the use of emergency powers, the assemblage of a repressive state apparatus, and the emergence of a populist style of politics adverse to democratic contestation. I tentatively conclude that terrorism …
The Wrong Rights, Or: The Inescapable Weaknesses Of Modern Liberal Constitutionalism, Richard A. Epstein
The Wrong Rights, Or: The Inescapable Weaknesses Of Modern Liberal Constitutionalism, Richard A. Epstein
University of Chicago Law Review
My thesis is that modern progressive or social-democratic liberal constitutionalism invites economic decline and political polarization, even if it avoids the massive institutional rot that pervades authoritarian regimes. Its key omission is its conscious decision not to specify the protected individual rights, of which individual autonomy, private property, and contractual freedom are key. Yet ironically, not one of these is typically listed in the standard human-rights statutes, which instead focus on three different factors: positive rights to education, health, and housing; overcoming the widening inequality of wealth; and demarcating an ever-larger list of improper grounds for discrimination. Regrettably, the modern …
Competing Orders? The Challenge Of Religion To Modern Constitutionalism, Ran Hirschl, Ayelet Shachar
Competing Orders? The Challenge Of Religion To Modern Constitutionalism, Ran Hirschl, Ayelet Shachar
University of Chicago Law Review
Religion and constitutionalism often collide on both substantive values and policy preferences. Moving beyond the familiar angle of divergent value sets, this Essay critically highlights the structural, “clash of orders” features that make religion a credible rival and a serious challenger to modern constitutionalism. We identify three additional dimensions of the potential clash between religion and constitutionalism in a world of resurgent populist nationalism: (1) the structural logic of competing orders; (2) the strategic reliance on religious identity markers to generate unequal civic standings among formally equal citizens; and (3) the transnational nature of religious solidarity and affiliation, which permits …
Liberal Constitutionalism And Economic Inequality, Rosalind Dixon, Julie Suk
Liberal Constitutionalism And Economic Inequality, Rosalind Dixon, Julie Suk
University of Chicago Law Review
Economic inequality is rising in democracies across the world and poses a clear threat to both the stability and legitimacy of liberal constitutional models. Can liberal constitutionalism respond to this threat? Or are there inherent limits to the liberal model that prevent an effective response? This Essay explores these questions by surveying the range of possible structural and rights-based constitutional responses to economic inequality, as well as possible obstacles to these responses— including problems of definition, leveling up versus down, unintended or counterproductive consequences, and institutional path dependence.
Is Eu Supranational Governance A Challenge To Liberal Constitutionalism?
Is Eu Supranational Governance A Challenge To Liberal Constitutionalism?
University of Chicago Law Review
Does supranational governance present a challenge to liberal constitutionalism? More particularly, has the European Union’s supranational form of governance fueled the rise of illiberal authoritarianism and undermined liberal constitutionalism? This Essay first addresses two related empirical questions associated with this larger query: first, whether the Brexit vote reflected a rise in authoritarianism and a turn against liberal constitutionalism; and second, whether the Euroscepticism to which the process of European integration has given rise has also contributed to the growth of the illiberal far right across the European Union and to the weakening of support for liberal constitutionalism. The third part …
Courts’ Limited Ability To Protect Constitutional Rights, Adam Chilton, Mila Versteeg
Courts’ Limited Ability To Protect Constitutional Rights, Adam Chilton, Mila Versteeg
University of Chicago Law Review
Constitutional scholars have generally put faith in courts’ ability to improve the protection of constitutional rights. While courts have limited means to enforce their own decisions, the literature suggests that their decisions are implemented either when courts enjoy strong legitimacy or when they bring functional benefits to other branches. In this Essay, we call this conventional wisdom into question. We present data suggesting that the existence of independent courts does not increase the probability that governments will respect constitutional rights. We outline four reasons why this might be so. First, courts that too frequently obstruct the political branches face court-curbing …
Norming In Adminstrative Law, Jonathan Masur, Eric A. Posner
Norming In Adminstrative Law, Jonathan Masur, Eric A. Posner
Public Law and Legal Theory Working Papers
No abstract provided.
Norming In Administrative Law, Jonathan Masur, Eric A. Posner
Norming In Administrative Law, Jonathan Masur, Eric A. Posner
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Judicial Mistakes In Discovery, Diego Zambrano
Is Qualified Immunity Unlawful?, William Baude
Stalling, Conflict, And Settlement, William Hubbard
Stalling, Conflict, And Settlement, William Hubbard
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
How To Lose A Constitutional Democracy, Aziz Huq, Tom Ginsburg
How To Lose A Constitutional Democracy, Aziz Huq, Tom Ginsburg
Articles
No abstract provided.
Partisan Balance With Bite, Daniel Hemel, Brian D. Feinstein
Partisan Balance With Bite, Daniel Hemel, Brian D. Feinstein
Articles
No abstract provided.
Semi-Confidential Settlements In Civil, Criminal, And Sexual Assault Cases, Saul Levmore, Frank Fagan
Semi-Confidential Settlements In Civil, Criminal, And Sexual Assault Cases, Saul Levmore, Frank Fagan
Articles
No abstract provided.
Economic Analysis In Labor Regulation, Hiba Hafiz
Does The Priest And Klein Model Travel? Testing Litigation Selection Hypotheses With Foreign Court Data, Yun-Chien Chang, William Hubbard
Does The Priest And Klein Model Travel? Testing Litigation Selection Hypotheses With Foreign Court Data, Yun-Chien Chang, William Hubbard
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Institutional Loyalties In Constitutional Law, Aziz Huq, David Fontana
Institutional Loyalties In Constitutional Law, Aziz Huq, David Fontana
Articles
No abstract provided.
Stock Market Reactions To India's 2016 Demonetization: Implications For Tax Evasion, Corruption, And Financial Constraints, Dhammika Dharmapala, Vikramaditya S. Khanna
Stock Market Reactions To India's 2016 Demonetization: Implications For Tax Evasion, Corruption, And Financial Constraints, Dhammika Dharmapala, Vikramaditya S. Khanna
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Decisionmaking On Multimember Courts: The Assignment Power In The Circuits, Daniel Hemel, Kyle Rozema
Decisionmaking On Multimember Courts: The Assignment Power In The Circuits, Daniel Hemel, Kyle Rozema
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Defending Dissent: Towards State Practices That Protect And Promote The Right To Protest - Executive Summary, University Of Chicago Law School - Global Human Rights Clinic, International Network Of Civil Liberties Organizations
Defending Dissent: Towards State Practices That Protect And Promote The Right To Protest - Executive Summary, University Of Chicago Law School - Global Human Rights Clinic, International Network Of Civil Liberties Organizations
Global Human Rights Clinic
No abstract provided.
Neglect And Abuse Of Unaccompanied Immigrant Children By U.S. Customs And Border Protection, University Of Chicago Law School - Global Human Rights Clinic
Neglect And Abuse Of Unaccompanied Immigrant Children By U.S. Customs And Border Protection, University Of Chicago Law School - Global Human Rights Clinic
Global Human Rights Clinic
According to the U.S. government, tens of thousands of Central American and Mexican children travel alone to the United States every year to escape violence and poverty in their home countries. U.S. Customs and Border Protection (CBP), a sub-agency of the Department of Homeland Security (DHS), detains many of these children when they arrive at U.S. ports of entry or cross the U.S. border. While in CBP custody, immigrant children have reported physical and psychological abuse, unsanitary and inhumane living conditions, isolation from family members, extended periods of detention, and denial of access to legal and medical services.
In 2014, …
Judicial Deference Allows European Consensus To Emerge, Shai Dothan
Judicial Deference Allows European Consensus To Emerge, Shai Dothan
Chicago Journal of International Law
The European Court of Human Rights (ECHR) searches for human rights policies that are adopted by the majority of the countries in Europe. Using a doctrine known as “emerging consensus,” the court then imposes these policies as an international legal obligation on all the countries under its jurisdiction. But the ECHR sometimes defers to countries, even if their policies fall short of the standard accepted by most of the countries in Europe. This deference is accomplished by using the so-called “margin of appreciation” doctrine. Naturally, emerging consensus and margin of appreciation are often conceived as competing doctrines: the more there …
Defending Dissent: Towards State Practices That Protect And Promote The Right To Protest, University Of Chicago Law School - Global Human Rights Clinic, International Network Of Civil Liberties Organizations
Defending Dissent: Towards State Practices That Protect And Promote The Right To Protest, University Of Chicago Law School - Global Human Rights Clinic, International Network Of Civil Liberties Organizations
Global Human Rights Clinic
No abstract provided.
A Not Quite Contemporary View Of Privacy, Richard A. Epstein
A Not Quite Contemporary View Of Privacy, Richard A. Epstein
Articles
No abstract provided.
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Country Specific Investments And The Rights Of Non-Citizens, Adam S. Chilton, Eric A. Posner
Articles
No abstract provided.
Positive And Negative Externalities In Real Estate Development, Richard A. Epstein
Positive And Negative Externalities In Real Estate Development, Richard A. Epstein
Articles
No abstract provided.
The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel Hemel
The Tax Legislative Process: A Byrd's Eye View, Ellen P. Aprill, Daniel Hemel
Articles
No abstract provided.
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Why The Burger Court Mattered (Reviewing The Burger Court And The Rise Of The Judicial Right By Michael J. Graetz And Linda Greenhouse), David A. Strauss
Articles
No abstract provided.
Democratic Backsliding And The Rule Of Law, Tom Ginsburg
Democratic Backsliding And The Rule Of Law, Tom Ginsburg
Articles
No abstract provided.