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The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf Apr 2000

The Scope Of “High Crimes And Misdemeanors” After The Impeachment Of President Clinton, Neil Kinkopf

Law and Contemporary Problems

Kinkopf believes that the House of Representatives' decision to impeach Pres Clinton on the charge that he committed perjury before the grand jury, a charge that did not involve official conduct, was proper. Even though Pres Clinton's misconduct was not a proper basis for impeachment or conviction, his case demonstrates that if would be terribly unwise to understand official misconduct to be a necessary element of a high crime or misdemeanor.


The Impeachment Of President Clinton: An Ugly Mix Of Three Powerful Forces, Karen A. Popp Apr 2000

The Impeachment Of President Clinton: An Ugly Mix Of Three Powerful Forces, Karen A. Popp

Law and Contemporary Problems

Popp argues that the 1998-99 impeachment debacle resulted in large part from an ugly mix of three extremely powerful forces--an independent counsel who abused his virtually unlimited power; extreme congressional partisanship that was motivated by the desire to gain control of the government; and media outlets that continuously sought to profit from the sensationalism of it all and consistently flouted standards of professional journalism along the way.


The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt Apr 2000

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Law and Contemporary Problems

Gerhardt offers a general explanation of the federal impeachment process and relates it to the impeachment of Pres Bill Clinton. The first feature of the constitutional allocation of power for impeachment and removal is that it facilitates and rewards a pragmatic or flexible analysis and impedes a formalistic analysis of the fundamental question at the core of Pres Clinton's impeachment proceedings--whether his conduct constituted a "high Crime or Misdemeanor."


Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax Apr 2000

Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax

Law and Contemporary Problems

No abstract provided.


Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh Apr 2000

Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh

Law and Contemporary Problems

Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.


The First Amendment And Cyberspace: The Clinton Years, James Boyle Apr 2000

The First Amendment And Cyberspace: The Clinton Years, James Boyle

Law and Contemporary Problems

Both in terms of speech regulation and in terms of providing raw material for the legal controversies that shape the law of the First Amendment, the legacy of Pres Clinton's Administration is considerable, and nowhere more than in cyberspace. The most visible example of the Clinton Administration's role in cyberspeech regulation are the Communications Decency Act, which was struck down by unanimous vote of the Supreme Court in 1997, and the Child Online Protection Act, which is now before the courts.


Taking Economic Equality Off The Table, Gene R. Nichol Apr 2000

Taking Economic Equality Off The Table, Gene R. Nichol

Law and Contemporary Problems

Nichol considers Pres Clinton's Administration's record on issues of economic equality, including California Gov Pete Wilson's plan to discriminate against newly arrived California welfare recipients. The Clinton Administration has not been alone in taking economic fairness off the political agenda, but they have clearly done their part.


Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton Apr 2000

Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton

Law and Contemporary Problems

Hamilton first examines Pres Bill Clinton's rhetoric, and then his Administration's actions to promote religious free exercise. She hopes to show that the Administration has integrated religious entities into administrative agenda-setting, which is consciously intended to serve religious ends.


Threading Between The Religion Clauses, Ira C. Lupu Apr 2000

Threading Between The Religion Clauses, Ira C. Lupu

Law and Contemporary Problems

A careful review of the overall record suggests that Pres Clinton's Administration has been more solicitous of the First Amendment's Religious Clauses as a whole than can normally be expected of elected national officials and their appointees.


The Culture Of Belief And The Politics Of Religion, William P. Marshall Apr 2000

The Culture Of Belief And The Politics Of Religion, William P. Marshall

Law and Contemporary Problems

Religion has stood at the center of the American stage during the years of Bill Clinton's presidency. Marshall argues that the political manifestation of religion is not confined to the instances when religion becomes involved in express political activity, such as lobbying or partisan politics, but rather, religion must be understood as a pervasive social force that has an inevitable political effect.


Writing Off Race, Girardeau A. Spann Apr 2000

Writing Off Race, Girardeau A. Spann

Law and Contemporary Problems

Because the US Constitution says absolutely nothing about affirmative action, the Supreme Court should have absolutely nothing to say about it either. Rather, the political branches should set the nation's affirmative action policy, and they should do so with political leadership provided by the President. Spann considers Pres Clinton's record on affirmative action.


Bakke Betrayed, Alan J. Meese Apr 2000

Bakke Betrayed, Alan J. Meese

Law and Contemporary Problems

While it seems that a President who disagrees with the Supreme Court's account of the Constitution faces only two choices--to enforce the Court's decision or defy the Court and take his case to a skeptical populace--there is a third way in which the President can publicly embrace the doctrine in question, while at the same time refusing to follow it. Pres Clinton's Administration has followed just such a third way approach to "Regents of the University of California v. Bakke."


Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel Apr 2000

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

Law and Contemporary Problems

Nagel responds to Alan J. Meese's comments on Pres Clinton's actions following the Supreme Court's decision in "Regents of the University of California v. Bakke." While the Clinton Administration's strategy does not produce the best possible form of constitutional dialogue, it does produce another recognizable form of dialogue, one full of confusion and hypocrisy but a surprisingly central and entrenched part of the practice of judicial review itself.


Appendix: The Constitutional Separation Of Powers Between The President And Congress, Walter Dellinger Apr 2000

Appendix: The Constitutional Separation Of Powers Between The President And Congress, Walter Dellinger

Law and Contemporary Problems

No abstract provided.


An Economic Analysis Of The Religious Freedom Restoration Act, Travis C. Wheeler Apr 2000

An Economic Analysis Of The Religious Freedom Restoration Act, Travis C. Wheeler

Law and Contemporary Problems

As an attempt by Congress to overturn a Supreme Court ruling by statute, the Religious Freedom Restoration Act (RFRA), although passed by a congressional landslide, was one of the most controversial pieces of legislation passed during Bill Clinton's presidency. Wheeler examines RFRA from a law and economics perspective to show that, as a method by which Congress attempted to impose its definition of a constitutional right upon the courts, the Act was inefficient.


Journal Staff Jan 2000

Journal Staff

Law and Contemporary Problems

No abstract provided.


Volunteering In Cross-National Perspective: Initial Comparisons, Helmut K. Anheier, Lester M. Salamon Oct 1999

Volunteering In Cross-National Perspective: Initial Comparisons, Helmut K. Anheier, Lester M. Salamon

Law and Contemporary Problems

Anheier and Salamon shed some light on volunteering in different parts of the world by exploring the conceptions and patterns of voluntary action cross-nationally. As a cultural and economic phenomenon, volunteering is part of the way societies are organized, how they allocate social responsibilities, and how much engagement and participation they expect from citizens.


The Effective Use Of Volunteers: Best Practices For The Public Sector, Jeffrey L. Brudney Oct 1999

The Effective Use Of Volunteers: Best Practices For The Public Sector, Jeffrey L. Brudney

Law and Contemporary Problems

Brudney posits a relationship between the best practices and the benefits realized from volunteer involvement. A volunteer program in the public sector is sponsored by a government agency and, thus, occurs in an organizational context; remuneration is not provided for volunteers' contributions, but reimbursement for their expenses is permitted; the time is given freely, yet volunteers may certainly benefit as well, and the work fulfills ongoing responsibilities of the host agency.


Comment: Enabling Public Service, James Clotfelter Oct 1999

Comment: Enabling Public Service, James Clotfelter

Law and Contemporary Problems

No abstract provided.


Why “Amateurs”?, Charles T. Clotfelter Oct 1999

Why “Amateurs”?, Charles T. Clotfelter

Law and Contemporary Problems

No abstract provided.


The Scope Of Volunteer Activity And Public Service, Eleanor Brown Oct 1999

The Scope Of Volunteer Activity And Public Service, Eleanor Brown

Law and Contemporary Problems

Brown offers an overview of the scope of volunteering in the US, beginning with a definition of volunteers. She then considers the purposes to which volunteer labor is put, and examines some determinates of volunteering, paying particular attention to factors shaping the volunteer activities of the young and the old.


Comment: On Defining And Measuring Volunteering In The United States And Abroad, Emmett D. Carson Oct 1999

Comment: On Defining And Measuring Volunteering In The United States And Abroad, Emmett D. Carson

Law and Contemporary Problems

No abstract provided.


Community Service Programs In High Schools, Sally A. Raskoff, Richard A. Sundeen Oct 1999

Community Service Programs In High Schools, Sally A. Raskoff, Richard A. Sundeen

Law and Contemporary Problems

Raskoff and Sundeen examine youth socialization and civic participation through community service among high school students, with special focus on California. The look at high school community service programs --their practices, their collaborative relations with community organizations for which the students volunteer, and the perspectives of students regarding their participation in these school-sponsored programs.


The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla Oct 1999

The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla

Law and Contemporary Problems

Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.


The Effects Of Volunteering On The Volunteer, John Wilson, Marc Musick Oct 1999

The Effects Of Volunteering On The Volunteer, John Wilson, Marc Musick

Law and Contemporary Problems

Wilson and Musick review some of the research on the supposed benefits of volunteering and describe briefly some of the results of their own work in this area. There is little doubt that there are individual benefits to be derived from doing volunteer work that reach far beyond the volunteer act itself and may linger long after the volunteer role is relinquished.


Comment: Volunteering And Community Service, Steven Rathgeb Smith Oct 1999

Comment: Volunteering And Community Service, Steven Rathgeb Smith

Law and Contemporary Problems

No abstract provided.


Citizen Soldiers: The North Carolina Volunteers And The War On Poverty, Robert R. Korstad, James L. Leloudis Oct 1999

Citizen Soldiers: The North Carolina Volunteers And The War On Poverty, Robert R. Korstad, James L. Leloudis

Law and Contemporary Problems

During the summers of 1964 and 1965, more than 300 college students fanned out across the state of North Carolina in a bold campaign to defeat poverty and, as they saw it, to uplift the poor. Korstad and Leloudis trace the history of the North Carolina Fund's Volunteers program, provide an analysis of the contribution that those students made to fighting poverty in the state, and evaluate the impact of that experience on the lives of the Volunteers themselves.


Making The Most Of Volunteers, Jean Baldwin Grossman, Kathryn Furano Oct 1999

Making The Most Of Volunteers, Jean Baldwin Grossman, Kathryn Furano

Law and Contemporary Problems

Grossman and Furano discuss the elements that experience has shown need to be in place to allow volunteers to be most effective. Drawing from research on mentoring and youth service over the past twenty years, they explore effective volunteer practices, illustrating them with evaluation data and practical examples.


Journal Staff Oct 1999

Journal Staff

Law and Contemporary Problems

No abstract provided.


Corporate Governance In A Market With Morality, Thomas W. Dunfee Jul 1999

Corporate Governance In A Market With Morality, Thomas W. Dunfee

Law and Contemporary Problems

Dunfee analyzes the implications for corporate governance of the existence of morality within consumer and capital markets. Analysis of the role of moral desires within markets represents a new way of looking at the long-standing debate concerning the social responsibility of corporations.