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Articles 1 - 7 of 7
Full-Text Articles in Law
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Federal And State Judicial Selection In An Interest Group Perspective, Rafael Gely, Michael E. Solimine
Faculty Publications
The literature on judicial selection systems has given considerable attention to the role that politicians and their parties - through their legislative roles - have played in the adoption and operation of these judicial selection systems. Less attention, however, has been given to both the effect that interest groups, broadly defined, have in the creation and implementation of judicial selection systems and the effect that these systems have on the strategies adopted by interest groups to accomplish their goals. This Article seeks to fill this gap. Using the framework advanced by William M. Landes and Richard A. Posner in their …
The Sounds Of Silence: American Criminal Justice Policy In Election Year 2008, Frank O. Bowman Iii
The Sounds Of Silence: American Criminal Justice Policy In Election Year 2008, Frank O. Bowman Iii
Faculty Publications
One of the striking features of the 2008 election cycle has been the absence of crime as a national political issue. Nobody has declared metaphorical war on any type of crime, run an ad about the depredations of a parolee, or even promised 100,000 cops. It may simply be that for a country embroiled in two nonmetaphorical foreign wars and deeply nervous about the state of the economy, crime is a second-order concern. It could be that the big drop in crime of all types throughout the 1990s has made the issue seem less pressing. Whatever the explanation, things are …
Katrina And The Rhetoric Of Federalism, Christina E. Wells
Katrina And The Rhetoric Of Federalism, Christina E. Wells
Faculty Publications
The public's desire to assign blame for government's inadequate response to Hurricane Katrina has largely focused on the federal government's slow and seemingly inept response to the storm. In their own defense, federal officials cast federalism--the system that divides power among federal, state, and local governments--as the main culprit underlying their inadequate response to hurricane victims. Had power and authority not been split among three different units of government, the argument goes, the federal government might have been able to act more quickly to save lives and prevent suffering. In effect, federal authorities claim to have been hamstrung by a …
Fear And Risk In 'Times Of Crisis': The Media's Challenge, Richard C. Reuben
Fear And Risk In 'Times Of Crisis': The Media's Challenge, Richard C. Reuben
Faculty Publications
As we have heard time and again during this conference, perspective is a crucial safeguard against the distorting effect of fear. While space and consumer patience may be thin, it is during times of crisis that the media's capacity to provide context becomes most important. This is part of the challenge of risk communication. Editors need to insist on this perspective rather than trying to cut it out if the story still reads, and reporters need to learn how to write about it effectively as well as compellingly. None of these challenges is easy. Institutional reform never is. But I …
A Tribute To Governor Mel Carnahan, Kenneth D. Dean
A Tribute To Governor Mel Carnahan, Kenneth D. Dean
Faculty Publications
A Tribute to Governor Mel Carnahan
Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells
Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells
Faculty Publications
This essay defends against the wholesale castigation of women who support the President. It reveals that such criticism is wrong and unfair. Specifically, it demonstrates that the critics have unreasonably characterized women's responses to Clinton as hypocritical or extremely naive, rather than as examples of astute political decision-making. The essay further exposes the sexism underlying the critics' arguments, revealing that stereotypes regarding (1) women's role as the keeper of morals and (2) women as non-political or non-rational beings are at the heart of much of the criticism. By reinforcing these stereotypes, the critics pose a greater danger to women than …
Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem
Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem
Faculty Publications
The article is divided into three major sections. Section I traces the development of a separate doctrine of “congressional standing.” It examines the doctrine's development from the Supreme Court's initial consideration of legislative standing through the current opinions of the United States Court of Appeals for the District of Columbia Circuit. Section II then analyzes three possible theories of congressional injury and standing. Derivative, representative, and third-party standing theories are all rejected as a basis for congressional standing. While rejecting the suggestion that congressmen possess a personal interest in “their” votes sufficient to constitute the “distinct and palpable injury” required …