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Full-Text Articles in Law

When Judges Carve Democracies: A Primer On Court-Drawn Redistricting Plans, Nathaniel Persily Jun 2005

When Judges Carve Democracies: A Primer On Court-Drawn Redistricting Plans, Nathaniel Persily

Faculty Scholarship at Penn Law

This essay presents guidelines for courts that undertake to draw their own redistricting plans. Although several dozen courts over the last four redistricting cycles have drawn their own plans, there is precious little in the case law or secondary sources to provide guidance. As a result, courts vary considerably in the procedures they follow and the substantive factors they take into account in their plans. This essay discusses the unique legal constraints on court-drawn plans and assesses the costs and benefits of following various procedures or substantive redistricting principles. The unique context of each case that spurs judicial involvement will ...


The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill Mar 2005

The Accelerating Degradation Of American Criminal Codes, Paul H. Robinson, Michael T. Cahill

Faculty Scholarship at Penn Law

No abstract provided.


Regulating Democracy Through Democracy: The Use Of Direct Legislation In Election Law Reform, Nathaniel Persily, Melissa Cully Anderson Feb 2005

Regulating Democracy Through Democracy: The Use Of Direct Legislation In Election Law Reform, Nathaniel Persily, Melissa Cully Anderson

Faculty Scholarship at Penn Law

The study examines a wealth of election law reforms - term limits (for governor and state legislators), campaign finance reform (contribution limits and public funding), redistricting (pre-Baker v. Carr and creation of commissions), creation and regulation of primaries, and women's suffrage - to figure out whether differences exist between the election law regimes in initiative and non-initiative states and whether these differences (if any) might be attributed to the use of the initiative process. We find that in very few cases - legislative term limits and perhaps redistricting commissions - do initiative states differ noticeably from non-initiative states, and in most initiative states ...


The Internet And Citizen Participation In Rulemaking, Cary Coglianese Jan 2005

The Internet And Citizen Participation In Rulemaking, Cary Coglianese

Faculty Scholarship at Penn Law

Each year, regulatory agencies promulgate thousands of important rules through a process largely insulated from ordinary citizens. Many observers believe the Internet could help revolutionize the rulemaking process, allowing citizens to play a central role in the development of new government regulations. This paper expresses a contrary view. In it, I argue that existing efforts to apply information technology to rulemaking will not noticeably affect citizen participation, as these current efforts do little more than digitize the existing process without addressing the underlying obstacles to greater citizen participation. Although more innovative technologies may eventually enable the ordinary citizen to play ...


How Do Corporations Play Politics? The Fedex Story, Jill E. Fisch Jan 2005

How Do Corporations Play Politics? The Fedex Story, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.