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Articles 1 - 16 of 16
Full-Text Articles in Law
The Myth Of Context In Politics And Law, Anita Krug
The Myth Of Context In Politics And Law, Anita Krug
All Faculty Scholarship
Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to all persons composing, for example, a particular ethnic, racial, or gender group — on the basis that a person’s identity is context-based and contingent, and cannot be defined solely by such factors as race or gender. They also reject the universalist notion of an abstract equality of persons that is at the basis of traditional conceptions of individual rights. In short, group rights are based …
Liberty, Community And The Constitutional Structure Of Political Influence: A Reconsideration Of The Right To Vote, James A. Gardner
Liberty, Community And The Constitutional Structure Of Political Influence: A Reconsideration Of The Right To Vote, James A. Gardner
Journal Articles
No abstract provided.
Comment On Maccormick, William Ewald
Press Law Debate In Kenya: Ethics As Political Power, David N. Dixon
Press Law Debate In Kenya: Ethics As Political Power, David N. Dixon
Communication Educator Scholarship
Journalists in many African countries have long been caught between differing ideals i n their relationship between press and government. Two models vie for dominance-the western, libertarian and development journalism models. This article uses Walzer's (1983) theory of distributive justice to illuminate the ethical significance of this debate. A t issue is political power. A case study of the 1996 proposed press law i n Kenya illustrates the ethical arguments mounted for each press model and how the arguments are marshaled not necessarily for moral purposes but to gain political advantage. Finally, a viable third alternative avoids a false dilemma …
Appendix To Report On The Death Of Vincent W. Foster Jr., Containing Comments Of Kevin Fornshill, Helen Dickey, And Patrick Knowlton, Kenneth W. Starr
Appendix To Report On The Death Of Vincent W. Foster Jr., Containing Comments Of Kevin Fornshill, Helen Dickey, And Patrick Knowlton, Kenneth W. Starr
Federal Documents
No abstract provided.
Report On The Death Of Vincent W. Foster Jr., By The Office Of Independent Counsel In Re: Madison Guaranty Savings & Loan Association, Kenneth W. Starr
Report On The Death Of Vincent W. Foster Jr., By The Office Of Independent Counsel In Re: Madison Guaranty Savings & Loan Association, Kenneth W. Starr
Federal Documents
In accordance with 28 U.S.C. § 594(h), the Office of Independent Counsel In re: Madison Guaranty Savings & Loan Association (the OIC) files this summary report on the 1993 death of Deputy White House Counsel Vincent W. Foster, Jr.
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
On Difference And Equality, Cynthia V. Ward
On Difference And Equality, Cynthia V. Ward
Faculty Publications
No abstract provided.
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Faculty Articles
Because law and religion are by themselves complex cultural and historical issues, any study of the interaction between the two will be at least as complicated. If one is to understand both a State's current religio-legal regime and what reform measures are most likely to succeed there, it is necessary to understand at least a little of the nation's history and majority religion. Therefore, Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why …
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Articles
One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …
As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies
As A Matter Of Factions: The Budgetary Implications Of Shifting Factional Control In Japan’S Ldp, Mathew D. Mccubbins, Michael F. Thies
Faculty Scholarship
For 38 years, the Liberal Democratic Party (LDP) maintained single-party control over the Japanese government. This lack of partisan turnover in government has frustrated attempts to explain Japanese government policy changes using political variables. In this paper, we look for intraparty changes that may have led to changes in Japanese budgetary policy. Using a simple model of agenda-setting, we hypothesize that changes in which intraparty factions “control” the LDP affect the party’s decisions over spending priorities systematically. This runs contrary to the received wisdom in the voluminous literature on LDP factions, which asserts that factions, whatever their raison d’être, do …
The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr.
The Unanimity Norm In Delaware Corporate Law, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo
The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo
All Faculty Scholarship
Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …
Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr.
Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
All Faculty Scholarship
No abstract provided.
The Constitutional Right To "Conservative" Revolution, David C. Williams
The Constitutional Right To "Conservative" Revolution, David C. Williams
Articles by Maurer Faculty
No abstract provided.