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Law and Politics

2001

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Articles 1 - 30 of 44

Full-Text Articles in Law

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Understanding Islam And The Radicals, David F. Forte Oct 2001

Understanding Islam And The Radicals, David F. Forte

Law Faculty Articles and Essays

The United States is in a war, but it is not a war between Islam and the West. Radical Islamic terrorists hijacked four airplanes and killed thousands of innocent Americans on September 11. But their enmity was not just directed against the United States and the civilization it represents. These terrorists also mean, as President Bush made clear in his speech to the Joint Session of Congress recently, to hijack Islam itself and destroy Islamic civilization. In the developing battle on behalf of these two great civilizations, it is imperative that we understand something about the basic traditions of Islam ...


Reforms In Florida After The 2000 Presidential Election, Jon L. Mills Oct 2001

Reforms In Florida After The 2000 Presidential Election, Jon L. Mills

UF Law Faculty Publications

Much has been written concerning the Florida recount, and the final U.S. Supreme Court decision in Bush v. Gore. Moreover, the popular media has mostly focused on the negatives of the Florida recount without delving into the exact reasons why Florida became the epicenter of this controversy. Not much has been written pinpointing the actual circumstances precipitating Florida's position after the election, nor discussing the theoretical underpinning of Florida election law, which embraces a broad liberal concept of respecting the “will of the voter.”

By examining both the actual circumstances surrounding Florida in 2000 and recognizing that Florida ...


Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff Oct 2001

Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff

Cornell Law Faculty Publications

The political process theory introduced by the Carolene Products footnote and developed through subsequent scholarship has shaped much of the modern constitutional landscape. Process theory posits that courts may justifiably intervene in the political arena when institutional obstacles impede corrective action by political actors themselves. Judged by this standard, the United States Supreme Court's decision in Bush v. Gore was a failure, because the majority could not explain why its interference was necessary. More broadly, Bush v. Gore points to a central deficiency in process theory: it relies upon the Justices to guard against their own overreaching, but does ...


Hybrid Organizations And The Alignment Of Interests: The Case Of Fannie Mae And Freddie Mac, Jonathan G.S. Koppell Jul 2001

Hybrid Organizations And The Alignment Of Interests: The Case Of Fannie Mae And Freddie Mac, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

This article explores the political influence of government-sponsored enterprises (GSEs). Using Congress's overhaul of the regulatory infrastructure for Fannie Mae and Freddie Mac as a case study, the article presents two principal findings: (1) The characteristics that distinguish government-sponsored enterprises from traditional government agencies and private companies endow Fannie Mae and Freddie Mac with unique political resources; and (2) the alignment of interest groups around Fannie Mae and Freddie Mac is subject to strategic manipulation by the GSEs. A triangular model of this alignment is proposed and employed to analyze the legislative outcome. The case has implications for students ...


How To Steal A Trillion: The Uses Of Laws About Lawmaking In 2001, Charles Tiefer Jul 2001

How To Steal A Trillion: The Uses Of Laws About Lawmaking In 2001, Charles Tiefer

All Faculty Scholarship

How did Congress pass President Bush's 2001 trillion-dollar tax cut pass without the necessary consensus shape and without the 60 Senate votes required to overcome resistance? How was the House able to give "fast track" treatment to laws designed to implement future trade deals? How was the 2001 Congress able to reject a new workplace ergonomic rule that would otherwise become law? In 2001, American lawmakers passed laws to make controversial laws, forcing the important question about whether laws about lawmaking actually serve the public interest.

In this article, the author explores the constitutional limits on laws about lawmaking ...


The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf May 2001

The 2000 Presidential Election: Archetype Or Exception?, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


A Tribute To Governor Mel Carnahan, Kenneth D. Dean Apr 2001

A Tribute To Governor Mel Carnahan, Kenneth D. Dean

Faculty Publications

A Tribute to Governor Mel Carnahan


Identity Crisis: “Intersectionality,” “Multidimensionality,” And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson Apr 2001

Identity Crisis: “Intersectionality,” “Multidimensionality,” And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson

UF Law Faculty Publications

While essentialism remains a prominent feature of progressive social movements, critical scholars have offered persuasive arguments against traditional, single-issue politics and have proposed reforms in a variety of doctrinal and policy contexts. The feminist of color critiques of feminism and antiracism provided the earliest framework for analyzing oppression in complex terms. Feminists of color and other critical scholars have examined racism and patriarchy as “intersecting” phenomena, rather than as separate and mutually exclusive systems of domination. Their work on the intersectionality of subordination has encouraged some judges and progressive scholars to discard the “separate spheres” analysis of race and gender ...


The Place Of Form In The Fundamentals Of Law, Robert S. Summers Mar 2001

The Place Of Form In The Fundamentals Of Law, Robert S. Summers

Cornell Law Faculty Publications

The author explains that there is scope for a general theory about the nature and place of form in the fundamentals of law. Form organizes the institutions, rules and other varieties of law, and the system as a whole. All such constructs have non-formal elements, too, but form unifies each construct and provides its criteria of identity. Appropriate form makes a system of law possible. It also tends to beget good content in the law. It is indispensable to the basic needs of a legal system, and when such an end is organizational, as with democracy, liberty, and the rule ...


Sovereign Limits And Regional Opportunities For Global Civil Society In Latin America, Elisabeth Jay Friedman, Kathryn Hochstetler, Ann Marie Clark Jan 2001

Sovereign Limits And Regional Opportunities For Global Civil Society In Latin America, Elisabeth Jay Friedman, Kathryn Hochstetler, Ann Marie Clark

Politics

In this article, we evaluate whether Latin American participation in international arenas reinforces traditional divides between state and society in global politics or transforms state-society relations in ways compatible with the concept of global civil society. We examine the participation and interaction of Latin American nongovernmental organizations and states at three recent United Nations conferences: the 1992 UN Conference on Environment and Development, the 1993 World Conference on Human Rights, and the 1995 Fourth World Conference on Women. We conclude that Latin Americans are full participants in any emerging global civil society. Their experiences at the 1990s issue conferences closely ...


Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt Jan 2001

Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe Jan 2001

Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe

LLM Theses and Essays

This thesis examines the factors that have prevented the development of an environmental protection legal and institutional regime in Tanzania. It argues that the central focus of economic reforms has been to kick-start the economy by increasing growth through the maximization of resource exploitation. As a result, concerns for environmental sustainability have been relegated to the periphery of the development agenda. Secondly, as a result of domestic resource scarcity brought on by the economic crisis, environmental policymaking has been held hostage to the influence of foreign donors whose agendas have often been at cross-purpose to environmental protection. Thirdly, the nature ...


The Politics Of Bush V. Gore, Evan Tsen Lee Jan 2001

The Politics Of Bush V. Gore, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Election Disputes And The Constitutional Right To Vote, Joseph W. Little Jan 2001

Election Disputes And The Constitutional Right To Vote, Joseph W. Little

UF Law Faculty Publications

This commentary is an enlargement of a talk delivered at the annual conference of the Socio-Legal Studies Association (United Kingdom) held in Bristol, England, in April 2001. The purpose was to raise questions about where the "right-to-vote" comes from in the Florida and U.S. Constitutions and whether the constitutional right-to-vote possesses useful legal force in the judicial resolution of a closely-contested election. The Gore-Bush Florida election controversy was the stimulus.

Among the subsidiary questions are: What should a written constitution for a democratic government say about the right to vote? And, how, if at all, should constitutional litigation play ...


The Lobbyist No. 31 (Winter 2001), Maine Women's Lobby Staff Jan 2001

The Lobbyist No. 31 (Winter 2001), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Reconstructing The Rule Of Law, Robin West Jan 2001

Reconstructing The Rule Of Law, Robin West

Georgetown Law Faculty Publications and Other Works

The action taken in Bush v. Gore by the five conservative Justices on the United States Supreme Court, Bugliosi argued, was not just wrong as a matter of law, but criminal: It was a malem in se, fully intended, premeditated theft of a national election for the Presidency of the United States. Now, as Balkan and Levinson would argue, this seventh, "prosecutorial" response -- that the Court's action was not just wrong but criminal -- is also not available to a devotee of either radical or moderate indeterminacy. Even assuming both criminal intent and severe harm-a wrongful, specific intent to thwart ...


Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Luis Fuentes-Rohwer, Guy-Uriel E. Charles Jan 2001

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.


"On The Make": Campaign Funding And The Corrupting Of The American Judiciary, David R. Barnhizer Jan 2001

"On The Make": Campaign Funding And The Corrupting Of The American Judiciary, David R. Barnhizer

Law Faculty Articles and Essays

The thesis offered here is that the cost of judicial campaigns has reached a level where both candidates and sitting judges are shaping their behavior to attract financial and other support. This not only results in distortion of judicial selection by repelling meritorious potential candidates who are unwilling to compromise their principles, but in the capture of judges by special interests willing to finance judicial campaigns. Some argue that the great increase in contributions to judicial candidates simply means that contributors are giving to candidates they feel certain will support their positions. To some extent this is certainly true. But ...


Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary Lawson Jan 2001

Everything I Need To Know About Presidents I Learned From Dr. Seuss, Gary Lawson

Faculty Scholarship

Oaths are out of fashion these days. This is an era in which it is widely considered unreasonable to expect the President of the United States to obey basic principles of law and justice, much less to honor something as abstract as an oath. Perjury the violation of a legally binding oath-is publicly defended as proof of the offender's humanity rather than his criminality. And one should not even mention in polite company something as gauche as honoring an oath of marriage. Those pesky vows of marital fidelity were, after all, just words.


Party As A 'Political Safeguard Of Federalism': Martin Van Buren And The Constitutional Theory Of Party Politics, Gerald Leonard Jan 2001

Party As A 'Political Safeguard Of Federalism': Martin Van Buren And The Constitutional Theory Of Party Politics, Gerald Leonard

Faculty Scholarship

In the last decade or so, the Supreme Court has revitalized judicial enforcement of federalism. This development has spurred the partisans of Herbert Wechsler's "political safeguards of federalism" to begin a serious investigation of the ways in which extra-judicial politics can and does substitute for and complement the judicial role in enforcing federalism and the Constitution. Similarly, constitutional scholars have turned in increasing numbers to the question of how even judicially promulgated doctrines of constitutional law turn out to be more derivative of popular politics than vice versa. Necessarily, much of the investigation on both fronts has turned historical ...


Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus Jan 2001

Growing Up Dependent: Family Preservation In Early Twentieth-Century Chicago, David S. Tanenhaus

Scholarly Works

Beginning in 1911 with Illinois’ passage of the Funds to Parents Act—the first statewide mothers’ pensions legislation—the Chicago Juvenile Court built a two-track system for dependency cases that used the gender of single parents to track their children. The first or “institutional” track followed a nineteenth century model of family preservation that poor families had relied upon since before the Civil War, in which parents had used institutions to provide short-term care for their children during hard times. The juvenile court also established a “home-based” track for dependency that reflected a new model of family preservation. Progressive child-savers ...


How Democratic Are Initiatives?, Richard B. Collins Jan 2001

How Democratic Are Initiatives?, Richard B. Collins

Articles

No abstract provided.


Nationalized Political Discourse, Robert F. Nagel Jan 2001

Nationalized Political Discourse, Robert F. Nagel

Articles

No abstract provided.


Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport Jan 2001

Presidential Ethics: Should A Law Degree Make A Difference?, Nancy B. Rapoport

Scholarly Works

Two of the nation's most controversial presidents, Nixon and Clinton, were both lawyers, and both of them had ethics-related problems while in office. This essay reviews whether any model ethics rules force lawyer-presidents to behave at a higher standard than non-lawyer-presidents; then it discusses the implications for legal education if we really do want lawyers to go above and beyond the norm of behavior.


Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny Jan 2001

Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny

Boston College Law School Faculty Papers

This Article investigates the questions whether and when religious claims may enter into public debate about important political issues by considering the purposes of argument in the public square. These purposes include: (1) argument as self-disclosure; (2) argument as persuasion; and (3) argument as bulwark against engagement with the ideas of others. The Article argues that restrictions on the use of religious claims in public deliberations and discussion impede the legitimate functions of public argument as self-disclosing and persuasive activities. In contrast, such restrictions contribute to the use of argument as bulwark, which is arguably destructive to public deliberation in ...


Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches Jan 2001

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

Articles

No abstract provided.


Politics And Denial, Pierre Schlag Jan 2001

Politics And Denial, Pierre Schlag

Articles

No abstract provided.


Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson Jan 2001

Exploiting Trauma: The So-Called Victim's Rights Amendment, Lynne Henderson

Scholarly Works

No abstract provided.


Mother Of All Rights: Making The World Safe For Religion, David F. Forte Jan 2001

Mother Of All Rights: Making The World Safe For Religion, David F. Forte

Law Faculty Articles and Essays

Freedom of religion is not just one right among many. It is, in the words of the Islamic scholar John Kelsay, "the mother of all rights." When a state recognizes religious liberty, it ipso facto allows people the right to worship an authority higher than the state. Congress should insist that before any reconstruction aid is approved for Afghanistan, the new government there should affirm legal protection for basic human rights, including most importantly, freedom of religion.