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Articles 1 - 29 of 29
Full-Text Articles in Law
Export Controls: A Contemporary History, Bert Chapman
Export Controls: A Contemporary History, Bert Chapman
Libraries Faculty and Staff Presentations
Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.
The Incompatible Treatment Of Majorities In Election Law And Deliberative Democracy, James A. Gardner
The Incompatible Treatment Of Majorities In Election Law And Deliberative Democracy, James A. Gardner
Journal Articles
Deliberative democracy offers a distinctive and appealing conception of political life, but is it one that might be called into service to guide actual reform of existing election law? This possibility seems remote because election law and deliberative democracy are built around different priorities and theoretical premises. A foundational area of disagreement lies in the treatment of majorities. Election law is structured, at both the legislative and constitutional levels, so as to privilege majorities and systematically to magnify their power, whereas deliberative democracy aims at privileging minorities (or at least de-privileging majorities). The main purpose of the election law now …
The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire
The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire
Faculty Scholarship
This study of appellate advocacy examines factors that affect judicial treatment of precedents identified in litigant briefs. Although we find some attorney and party characteristics influence whether a court addresses precedent cited by a party, legal resources are not as influential in determining whether the court adopts a party’s use of a precedent. At times, ideological congruence between the circuit panel and the litigant can increase the likelihood that the court’s opinion will use a precedent in the same way as presented by the litigants. There is also some support for the importance of attorney experience. Even when their clients …
Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis
Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis
Political Science & Global Affairs Faculty Publications
The Citizens Election Fund, Connecticut's version of a clean elections law, was established in 2005 in the wake of the corruption scandal during the administration of Governor John Rowland. Modeled after the public financing systems of Maine and Arizona, Connecticut's law has been touted as the most comprehensive in the nation. This paper will address whether the introduction of the Citizens' Election Program has increased the level of electoral competition by specifically focusing on state house seats in Connecticut during the 2008 and 2010 election cycles. Contestation for seats in the Connecticut General Assembly is a particularly salient issue due …
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
Student Publications
The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.
Overcoming Legislative Gridlock In The U.S. Congress: How Procedural Rules Affect Legislative Obstructionism, Molly Jackman
Overcoming Legislative Gridlock In The U.S. Congress: How Procedural Rules Affect Legislative Obstructionism, Molly Jackman
Brookings Scholar Lecture Series
More than 90 percent of bills introduced in the U.S. House never make it to a floor vote, and far fewer are enacted into law. Since legislative gridlock is much more common than legislative action, in order to understand policy outcomes, it is critical to know why bills are obstructed. Gridlock occurs when a legislator (or group of legislators) wants to block a bill, and has the procedural right to do so. Using new data on the procedural rules in the U.S. states, this presentation will identify the chambers in which legislators can block bills from the legislative agenda. Then, …
New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi
New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi
Student Publications
In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …
Bankruptcy And Economic Recovery, Thomas H. Jackson, David A. Skeel Jr.
Bankruptcy And Economic Recovery, Thomas H. Jackson, David A. Skeel Jr.
All Faculty Scholarship
To measure economic growth or recovery, one traditionally looks to metrics such as the unemployment rate and the growth in GDP. And in terms of figuring out institutional policies that will stimulate economic growth, the focus most often is on policies that encourage investment, entrepreneurial enterprises, and reward risk-taking with appropriate returns. Bankruptcy academics that we are, we tend to add our own area of expertise to this stable— with the firm belief that thinking critically about bankruptcy policy is an important element of any set of institutions designed to speed economic recovery. In this paper, written for a book …
Army Corps Of Engineers, U.S., Bert Chapman
Army Corps Of Engineers, U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of how the U.S. Army Corps of Engineers has influenced historical and contemporary economic, environmental, and political developments in the American West.
Mining, Uranium, Bert Chapman
Mining, Uranium, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.
Aridity, Bert Chapman
Aridity, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of how aridity in the American West has influenced that region's economic, environmental, and political development and U.S. Government policies in this region.
Colorado River Compact (1922), Bert Chapman
Colorado River Compact (1922), Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of the 1922 Colorado River Compact seeking to fairly distribute Colorado River water to Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and their increasing populations.
Energy, U.S. Department Of, Bert Chapman
Energy, U.S. Department Of, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides information about the U.S. Department of Energy (DOE) and its predecessor agencies and how DOE influences federal energy policy and scientific research in the western U.S.
Federal Energy Regulatory Commission, U.S., Bert Chapman
Federal Energy Regulatory Commission, U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and contemporary analysis of the energy policymaking role played by the Energy Department's Federal Energy Regulatory Commission (FERC). FERC responsibilities include regulating the prices and interstate transmission of electricity, natural gas, and oil. Its responsibilities also include reviewing proposals to build and locate natural gas terminals, interstate natural gas pipelines, licensing hydropower projects, and regulating relevant mergers and securities acquisitions in these areas.
Hydroelectric Power, Bert Chapman
Hydroelectric Power, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and contemporary analysis of the advantages and disadvantages of federal government support for hydroelectric power in the American West.
Land Management, U.S. Bureau Of, Bert Chapman
Land Management, U.S. Bureau Of, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.
Subsidies, Agricultural, Bert Chapman
Subsidies, Agricultural, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides historical and contemporary information on U.S. Government agricultural subsidies and how they affect agricultural policy in the Western U.S.
Oil Industry, Bert Chapman
Oil Industry, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of the historical and contemporary development of the American oil industry and how it has impacted U.S. natural resources policies in the American west.
Capitalizing In The Nation’S Capital: Matching State And Regional Resources To Administration Funding Priorities, John Hudak
Brookings Scholar Lecture Series
This presentation explores the relationship between the funding and policy priorities established by presidential administrations and the financial resources provided to individual states and regions. Information gathered from a newly compiled database of all federal project grants from 1996-2008 helps illuminate the distribution of money across the 50 states. These data are complemented by field research in federal and state bureaucracies. Would you be surprised to learn that the executive branch delivers more money and grants to swing states than all other states? Furthermore, the proximity of a presidential election further enhances this preference to deliver funds to swing states. …
Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives
Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 2678. Letters of Warner Lewis Underwood of Bowling Green, Kentucky, written to his family from Texas, Washington, D. C., Scotland, and Frankfort, Kentucky. He writes to his wife of business and household matters,and of political affairs during his service in the Kentucky Senate and the U.S. House of Representatives. A letter to his son-in-law from Scotland, where Underwood was serving as consul, praises his Civil War service. Correspondence with his son discusses the younger Underwood’s law studies in Albany, New York.
The Filibuster And Reconciliation: The Future Of Majoritarian Lawmaking In The U.S. Senate, Tonja Jacobi, Jeff Vandam
The Filibuster And Reconciliation: The Future Of Majoritarian Lawmaking In The U.S. Senate, Tonja Jacobi, Jeff Vandam
Faculty Articles
Passing legislation in the United States Senate has become a de facto super-majoritarian undertaking, due to the gradual institutionalization of the filibuster — the practice of unending debate in the Senate. The filibuster is responsible for stymieing many legislative policies, and was the cause of decades of delay in the development of civil rights protection. Attempts at reforming the filibuster have only exacerbated the problem. However, reconciliation, a once obscure budgetary procedure, has created a mechanism of avoiding filibusters. Consequently, reconciliation is one of the primary means by which significant controversial legislation has been passed in recent years — including …
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Akron Law Faculty Publications
People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Faculty Scholarship
This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.
Petitions, Privacy, And Political Obscurity, Rebecca Green
Petitions, Privacy, And Political Obscurity, Rebecca Green
Faculty Publications
People who sign petitions must accept disclosure of their political views. This conclusion rests on the seemingly uncontroversial (if circular) premise that petition signing is a public activity. Courts have thus far shown little sympathy for individuals who take a public stand on an issue by signing a petition and then assert privacy claims after the fact. Democracy, after all, takes courage, as Justice Scalia wrote in the petitioning disclosure case Doe v. Reed. But signing a petition today brings consequences beyond public criticism. The real threat of disclosure for modern petition signers is not tangible harassment, but the loss …
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake
Articles
In February of 2011, an Iowa high school boy captured national attention when he refused to wrestle a girl at the state championship meet. The media shaped the story into a tale that honored the boy for sacrificing personal gain out of a moral imperative to “never hurt a girl.” Unpacking this incident reveals several “fault lines” in U.S. culture that often derail gender equality projects: (1) religion/morality is interposed as an oppositional and equally weighty social value that neutralizes an equality claim; (2) the agency of persons supporting traditional gender norms is assumed, while the agency of persons contesting …
Mapping A Post-Shelby County Contingency Strategy, Guy-Uriel Charles, Luis Fuentes-Rohwer
Mapping A Post-Shelby County Contingency Strategy, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
This Essay was written for the Yale Law Journal Online Symposium on the future of section 5 of the Voting Rights Act after Shelby County v. Holder. Professors Guy-Uriel E. Charles and Luis Fuentes-Rohwer argue that voting rights activists ought to be prepared for a future in which section 5 is not part of the landscape. If the Court strikes down section 5, an emerging ecosystem of private entities and organized interest groups of various stripes—what they call institutional intermediaries—may be willing and able to mimic the elements that made section 5 an effective regulatory device. As voting rights …
Gaming Direct Democracy: How Voters’ Views Of Job Performance Interact With Elite Endorsements Of Ballot Measures, Craig M. Burnett, Mathew D. Mccubbins
Gaming Direct Democracy: How Voters’ Views Of Job Performance Interact With Elite Endorsements Of Ballot Measures, Craig M. Burnett, Mathew D. Mccubbins
Faculty Scholarship
Voters are thought to rely on elite endorsements in helping them make decisions. Their ability to use these endorsements is especially important in direct democracy, since ballot measures are complex policy proposals that lack partisan cues printed on the ballot. Using an exit survey, we look at California Governor Arnold Schwarzenegger’s endorsement of four Indian gaming measures on the ballot during the presidential primary election of 2008. We find that voters who had knowledge of the elite endorsement differed little from those who did not. We show, however, that Schwarzenegger’s endorsement was conditionally related to support for the measures, depending …
Punishment First: A Study Of Juvenile Pretrial Detention, Richard V. Foster, David Tanenhaus, Heather Lynn Lusty
Punishment First: A Study Of Juvenile Pretrial Detention, Richard V. Foster, David Tanenhaus, Heather Lynn Lusty
McNair Poster Presentations
How society and the legal system should respond to youth crime is a volatile issue. Much research exists on this topic broadly. A largely overlooked subset exists regarding the rights of juveniles in the United States who face pretrial confinement, specifically how juveniles accused of delinquency are treated by the courts. Delinquency or a delinquent act, in the context of this study, is “an act that would be considered a crime if committed by an adult.”7. Adults and children are processed by the courts differently, each with their own rights and court mandated procedures to follow. This report analyzes …
Afterword: The Libertarian Middle Way, Randy E. Barnett
Afterword: The Libertarian Middle Way, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Libertarianism is sometimes portrayed as radical and even extreme. In this Afterword to a symposium on "Libertarianism and the Law" in the Chapman Law Review, I explain why, though it may be radical, libertarianism is far from extreme in comparison with its principal alternatives: the social justice of the Left or legal moralism of the Right. Social justice posits that everyone should get a certain amount of stuff; legal moralism posits that everyone should act in a certain way. But because there is no consensus about how much stuff each person should have or how exactly everyone should act, …