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Selected Works

2015

Law and Politics

Articles 1 - 30 of 112

Full-Text Articles in Law

Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan Dec 2015

Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan

Robert Kagan

Regulation of business activity is nearly as old as law itself. In the last century, though, the use of regulation by modern governments has grown markedly in both volume and significance, to the point where nearly every facet of today’s economy is subject to some form of regulation. When successful, regulation can deliver important benefits to society; however, regulation can also impose undue costs on the economy and, when designed or implemented poorly, fail to meet public needs at all. Given the importance of sound regulation to society, its study by scholars of law and social science is also of …


A Dream Deferred, Ruth-Arlene W Howe Dec 2015

A Dream Deferred, Ruth-Arlene W Howe

Ruth-Arlene W. Howe

Presentation at the MLK Annual Unity Breakfast, Boston College, January 19, 2005.


China's Plan To Put Two-Faced Citizens On Credit Blacklist Isn't All That Foreign, Caren Morrison Dec 2015

China's Plan To Put Two-Faced Citizens On Credit Blacklist Isn't All That Foreign, Caren Morrison

Caren Myers Morrison

No abstract provided.


Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher Elmendorf, Douglas Spencer Nov 2015

Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher Elmendorf, Douglas Spencer

Douglas M. Spencer

Until the Supreme Court put an end to it in Shelby County v. Holder, Section 5 of the Voting Rights Act was widely regarded as an effective, low cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, Section 2, is generally seen as expensive, cumbersome and almost wholly ineffective at blocking changes before they take effect. This paper argues that the courts, in partnership with the Department of Justice, could reform Section 2 so that it fills much of the gap left by the Supreme Court’s evisceration of Section …


Mending The Legislative Process – The Preliminaries, Ittai Bar-Siman-Tov Nov 2015

Mending The Legislative Process – The Preliminaries, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This essay offers a substantive introduction to the special issue on mending the legislative process. Discontent with the legislative process seems to be pervasive. But how could we move from the widely-shared lament that the lawmaking process is broken to thinking on ways to mend it? This essay sketches the requisite preliminaries for answering this question. It outlines ways to approach the problems with the contemporary legislative process and to think about solutions in a systematic way, and introduces the contributions in this issue.


Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard Nov 2015

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.


Same-Sex Marriage, Political Backlash And The Case For Going Slow, Eric Segall Nov 2015

Same-Sex Marriage, Political Backlash And The Case For Going Slow, Eric Segall

Eric J. Segall

No abstract provided.


Forging Successful Non-Profit Partnerships Following Crisis And Disaster: O.C. Haley Boulevard's Story, John T. Marshall Nov 2015

Forging Successful Non-Profit Partnerships Following Crisis And Disaster: O.C. Haley Boulevard's Story, John T. Marshall

John Travis Marshall

No abstract provided.


Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström Oct 2015

Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström

Leila Brännström

This article investigates the historical development and transformation of Swedish integration policy, including its predecessor immigrant policy, as a “biopolitics of the population”. “Biopolitics of the population” refers in this article to all governmental interventions targeting the population, or parts of it, with a view to producing a collective body of a particular quality and identity. Swedish integration policy is thus analyzed in order to answer questions such as: how has the population been embodied over time? How has the Swedish grammar of multiplicity and fragmentation changed? Which groups within the population have been considered to be in need of …


The Conservatives’ 2015 Fiscal Charter: A Wanting Desire For Constitutional Change, Brian Christopher Jones, Paolo Sandro Oct 2015

The Conservatives’ 2015 Fiscal Charter: A Wanting Desire For Constitutional Change, Brian Christopher Jones, Paolo Sandro

Brian Christopher Jones

The UK Conservatives’ "Charter for Budget Responsibility" has, with the aid of a number of Labour MPs, passed the House of Commons. The charter's intention is that of committing the current and future Governments into running a permanent budget surplus – a sinister attempt to bind future governments as regards fiscal policy. Its inconsistency with the opposition against the EU Fiscal Compact in 2011/12 exposes, though, how much the Conservative's desire to constitutionalize fiscal surplus policy in the UK is wanting.


Why Confronting The Internet’S Dark Side?, Raphael Cohen-Almagor Oct 2015

Why Confronting The Internet’S Dark Side?, Raphael Cohen-Almagor

raphael cohen-almagor

Raphael Cohen-Almagor, the author of Confronting the Internet's Dark Side, explains his motivation for exploring the dangerous side of the world wide web. This new book is the first comprehensive book on social responsibility on the Internet.


Law, Politics And The Art Of The Possible, Gregory Sorbara, Edward J. Waitzer, Harry W. Arthurs, Mamdouh Shoukri, Barbara Hennick Oct 2015

Law, Politics And The Art Of The Possible, Gregory Sorbara, Edward J. Waitzer, Harry W. Arthurs, Mamdouh Shoukri, Barbara Hennick

Harry Arthurs

A special lecture and Q&A session with The Honourable Gregory Sorbara, MPP and former Ontario cabinet minister (BA ‘78, LLB ‘81, LLD ‘13). Greg Sorbara served in the Ontario legislature for 21 years as a Liberal MPP and held a series of senior posts in previous Liberal governments, including minister of colleges and universities, minister of consumer and commercial relations, and minister of finance. Greg also served as the Ontario Liberal Party’s campaign chair for three successful elections in 2003, 2007 and 2011. Greg is an alumnus of York University. Greg will be presented with the 2013 Hennick Medal for …


Regulation-Making: The Creative Opportunities Of The Inevitable, Harry W. Arthurs Oct 2015

Regulation-Making: The Creative Opportunities Of The Inevitable, Harry W. Arthurs

Harry Arthurs

The lawmaking process has diffused substantially in the past years, resulting in an increasing maze of departmental subordinate legislation. This phenomenon has not been accompanied by a parallel development of controls resulting in complaints about "bureaucracy", red-tape, inaccessability, and poor draftsmanship, and in demands for review and control. Professor Arthurs recognizes the practical inevitability of the system, but discusses the present situation critically, suggesting reforms which might help to make the regulatory process more compatible with "participatory democracy".


“Mechanical Arts And Merchandise” Canadian Public Administration In The New Economy, Harry W. Arthurs Oct 2015

“Mechanical Arts And Merchandise” Canadian Public Administration In The New Economy, Harry W. Arthurs

Harry Arthurs

The "New Economy", with its attendant trends and consequences, presents a number of distinct chal- lenges to Canadian public administration. The key features of the New Economy - changes in technol- ogy and the social organization of work, globalization and regional economic integration, and shifts in the boundary between the state and civil society - de- mand a reconsideration of the ways in which we have previously thought about bureaucracy, government, and the role of the interventionist state. These changes in our political economy have profoundly destabilized Canadian public administration and require us to find new ways to cope with …


Law, Politics And The Art Of The Possible, Gregory Sorbara, Edward J. Waitzer, Harry W. Arthurs, Mamdouh Shoukri, Barbara Hennick Oct 2015

Law, Politics And The Art Of The Possible, Gregory Sorbara, Edward J. Waitzer, Harry W. Arthurs, Mamdouh Shoukri, Barbara Hennick

Edward J. Waitzer

A special lecture and Q&A session with The Honourable Gregory Sorbara, MPP and former Ontario cabinet minister (BA ‘78, LLB ‘81, LLD ‘13). Greg Sorbara served in the Ontario legislature for 21 years as a Liberal MPP and held a series of senior posts in previous Liberal governments, including minister of colleges and universities, minister of consumer and commercial relations, and minister of finance. Greg also served as the Ontario Liberal Party’s campaign chair for three successful elections in 2003, 2007 and 2011. Greg is an alumnus of York University. Greg will be presented with the 2013 Hennick Medal for …


Discussion Of Christopher Kutz's 'Or 'Emet Lecture: Democratic Holy Wars, Christopher Kutz, Louis-Philippe Hodgson, François Tanguay-Renaud Oct 2015

Discussion Of Christopher Kutz's 'Or 'Emet Lecture: Democratic Holy Wars, Christopher Kutz, Louis-Philippe Hodgson, François Tanguay-Renaud

François Tanguay-Renaud

Follow-up seminar on Christopher Kutz’s ‘Or ‘Emet Lecture, delivered on Thursday, February 16, 2012. Part of the Legal Philosophy Between State and Transnationalism Seminar Series. Respondents: Louis-Philippe Hodgson, York Philosophy and François Tanguay-Renaud, Osgoode Hall Law School.


Post Colonial Cosmopolitanism: Making Place For Nationalism, Rahul Roa, Robert Howse, Alice Maclachlan, François Tanguay-Renaud Oct 2015

Post Colonial Cosmopolitanism: Making Place For Nationalism, Rahul Roa, Robert Howse, Alice Maclachlan, François Tanguay-Renaud

François Tanguay-Renaud

Rahul Rao, School of Oriental & African Studies, University of London, expresses a number of dissatisfactions with the debate between cosmopolitanism and communitarianism in international normative theory.

Respondents: Robert Howse, New York University; Alice MacLachlan, York University, Philosophy.


Contra Politanism: Against The Moral Teleology Of Political Forms, Jacob T. Levy, Stefan Sciaraffa, François Tanguay-Renaud Oct 2015

Contra Politanism: Against The Moral Teleology Of Political Forms, Jacob T. Levy, Stefan Sciaraffa, François Tanguay-Renaud

François Tanguay-Renaud

Jacob T. Levy, Tomlinson Professor of Political Theory Professor of Political Science Associate member, Department of Philosophy, McGill University, talks about forms of political organization, moral purposes, and the influence of social technologies.

Respondent: Stefan Sciaraffa, McMaster University


Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute For Public Policy Research (Cippr) Oct 2015

Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute For Public Policy Research (Cippr)

Centre Institute for Public Policy Research (CIPPR)

The Latimer House Guidelines were written at the start of the new millennium some 11 years ago. After the Guidelines, other supporting documents have been churned out by the Commonwealth. The Guidelines present a framework for achieving separation of powers to enhance honesty, probity and accountability in government in Commonwealth countries. The outstanding question however is how well these guidelines do invoke Monsieur Baron de Montesquieu’s spirit in view of the current challenges faced by governments in Commonwealth countries? Do the guidelines present an effective framework for safeguarding democracy and the rule of law in the States concerned? These questions, …


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson Sep 2015

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
This vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in …


New Modes In Old Orders: Crisis Government And The Written Constitution, Nomi Claire Lazar, Benjamin Berger Sep 2015

New Modes In Old Orders: Crisis Government And The Written Constitution, Nomi Claire Lazar, Benjamin Berger

Benjamin L. Berger

Nomi Claire Lazar, Associate Professor, Facult of Social Sciences, University of Ottawa, explores the reasons for the evident contrast found in the American approach to prerogative power and the centrality of ‘writtenness’ in our understanding of constitutional government. Respondent: Benjamin Berger, Osgoode Hall Law School.


Predicting The Fallout From King V. Burwell - Exchanges And The Aca, Nicholas Bagley, David K. Jones, Timothy Stoltzfus Jost Sep 2015

Predicting The Fallout From King V. Burwell - Exchanges And The Aca, Nicholas Bagley, David K. Jones, Timothy Stoltzfus Jost

Timothy S. Jost

The U.S. Supreme Court's surprise announcement on November 7 that it would hear King v. Burwell struck fear in the hearts of supporters of the Affordable Cara Act (ACA). At stake is the legality of an Internal Revenue Service (IRS) rule extending tax credits to the 4.5 million people who bought their health plans in the 34 states that declined to establish their own health insurance exchanges under the ACA. The case hinges on enigmatic statutory language that seems to link the amount of tax credits to a health plan purchased "through an Exchange established by the State." According to …


Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh Sep 2015

Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh

Sital Kalantry

The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …


Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia Sep 2015

Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia

Ahmed E SOUAIAIA

Syria's civil war is on a path to world war. Should Russia, like the Friends of Syria, take part in the military action in Syria and Iraq, the region will enter a new phase that could change the geopolitics of the region. However, Russia' military build up could force a political solution for a crisis that is impacting all many countries around the world.


The Slow Demise Of Race Preference, Mark S. Brodin Aug 2015

The Slow Demise Of Race Preference, Mark S. Brodin

Mark S. Brodin

This article traces the origins of affirmative action, its initial success, and the Reagan Administration's efforts to end it, which only recently have come to fruition with Fisher v. University of Texas and Shuette v. Coalition to Defend Affirmative Action.


Unimpoundment: Politics And The Courts In The Release Of Impounded Funds, Jon L. Mills, William G. Munselle Aug 2015

Unimpoundment: Politics And The Courts In The Release Of Impounded Funds, Jon L. Mills, William G. Munselle

Jon L. Mills

During the administration of President Nixon, the impoundment of funds appropriated by the Congress became not merely a means of executive economy but a tool of presidential politics. Non-judicial methods of unimpoundment lost their efficacy, and the courts became involved in the conflict between the President and the Congress in resolving the question of whether impoundment was either constitutionally or legislatively proscribed. Mr. Mills and Professor Munselle examine the process of unimpoundment both as a political phenomenon and as a legal issue. They survey the extra-judicial means of unimpoundment and then consider the resolution of that issue in the courts, …


Terms Of Endearment And Articles Of Impeachment, Charles W. Collier Aug 2015

Terms Of Endearment And Articles Of Impeachment, Charles W. Collier

Charles W. Collier

It is a long-established principle that presidential impeachment is an appropriate remedy only for “high Crimes and Misdemeanors” of a public nature (with the possible exception of private crimes so heinous that the President “cannot be permitted to remain at large”). The crux of this Essay's argument is that the President's affair with Monica Lewinsky was a private matter that was not rendered “public” simply because Mr. Clinton lied about it. With its vote against removing the President, the Senate seemed to agree.


Presidential Debates And Deliberative Democracy, Charles Collier Aug 2015

Presidential Debates And Deliberative Democracy, Charles Collier

Charles W. Collier

Consider democracy in America through the lens of the presidential debates. It is not a pretty picture. From a high point in the nineteenth century (for example, the lengthy Lincoln-Douglas Senate campaign debates of 1858) a declining trajectory can be traced to the present day, with a marked acceleration in the Age of Television. To our polity's discredit, the presidential debate has long since ceased to be a dialogue that might shed light on the candidates' true powers of deliberation. The key to reversing this long decline, I believe, lies in an unlikely place: in the structural features of the …


All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek Aug 2015

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Approximately 13 percent of the U.S. population — nearly 40 million — is foreign-born, of which about 6 percent are naturalized U.S. citizens. Given the positive image associated with immigrants — the “nation of immigrants” or “the melting pot” — one would assume that all Americans in the U.S.A., natural born or naturalized, have equal worth as citizens. This, however, is not necessarily the case. Despite U.S. citizenship, naturalized Americans are seen less than equal to natural born Americans. They are often confused with “foreign nationals.” Moreover, their cultural belonging, allegiance, English-language skills, as well as other qualifications, are questioned.


The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi Aug 2015

The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi

Tonja Jacobi

Describing the justices of the Supreme Court as ‘liberals’ and ‘conservatives’ has become so standard—and the left-right division on the Court is considered so entrenched—that any deviation from that pattern is treated with surprise. Attentive Court watchers know that the justices are not just politicians in robes, deciding each case on a purely ideological basis. Yet the increasingly influential empirical legal studies literature assumes just that—that a left-right ideological dimension fully describes the Supreme Court. We show that there is a second, more legally-focused dimension of judicial decision-making. A continuum between legalism and pragmatism also divides the justices, in ways …