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Full-Text Articles in Law
Covid-19 And American Democracy, Barry Sullivan
Covid-19 And American Democracy, Barry Sullivan
Faculty Publications & Other Works
This article discusses the response of the United States Government to the COVID-19 Pandemic from January through June 19, 2020.In particular, the article focuses on the constitutional and legal background of that response. The article was prepared for a symposium in the Italian journal Il diritti dell'economia on responses to the COVID-19 pandemic by governments around the world.
Beyond Samuel Moyn's Countermajoritatian Difficulty As A Model Of Global Judicial Review, James T. Gathii
Beyond Samuel Moyn's Countermajoritatian Difficulty As A Model Of Global Judicial Review, James T. Gathii
Faculty Publications & Other Works
This Article responds to Samuel Moyn's critique of judicial review and his endorsement of judicial modesty as an alternative. By invoking the countermajoritarian difficulty, Moyn argues that judicial overreach has become an unwelcome global phenomenon that should be reexamined and curbed. I reject Moyn's claim that this kind of judicial modesty should define the role of courts for all time. By applying the countermajoritarian difficulty beyond its United States origins, Moyn assumes it is an unproblematic baseline against which to measure the role of courts globally. Moyn's vision says nothing about when it would be appropriate for courts to rule …
Antitrust And Democracy, Spencer Weber Waller
Antitrust And Democracy, Spencer Weber Waller
Faculty Publications & Other Works
Our solution of the anti-monopoly problems must be in terms of our ideals-- the ideals of political and economic democracy. We want no economic or political dictatorship imposed upon us either by the government or by big business. We want no system of detailed regulation of prices by the government nor price fixing by private interests. We do not want bureaucracy or regimentation of any kind, but we will prefer governmental to private bureaucracy and regimentation, if we have to make such a choice. We cannot permit private corporations to be private governments. We must keep our economic system under …
Deracialization And Democracy, Steven Ramirez, Neil G. Williams
Deracialization And Democracy, Steven Ramirez, Neil G. Williams
Faculty Publications & Other Works
The United States suffers the conthiued costs of mahitainhig a racial hierarchy. Enhanced diversity and growhig realization of the economic costs of that hierarchy could lead to democratic pressure for reform. Yet, in the U.S., elites on the radical right seek to entrench themselves in power through the constriction of voting power and the strategic use of the racial hierarchy as a political tool. This Article traces the anti-democratic efforts of the radical right to limit the political power of the nation's enhanced diversity, and to utilize archaic governance measures to entrench themselves politically, regardless of the costs of allowing …
Echoes Of Slavery Ii: How Slavery's Legacy Distorts Democracy, Juan F. Perea
Echoes Of Slavery Ii: How Slavery's Legacy Distorts Democracy, Juan F. Perea
Faculty Publications & Other Works
No abstract provided.