Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

1999

Law and Politics

Institution
Keyword
Publication

Articles 1 - 30 of 33

Full-Text Articles in Law

Corruption And Legitimation Crises In Latin America, Ángel Oquendo Oct 1999

Corruption And Legitimation Crises In Latin America, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.


Does The "Good Governance Policy" Of The International Financial Institutions Privilege Markets At The Expense Of Democracy?, Chantal Thomas Oct 1999

Does The "Good Governance Policy" Of The International Financial Institutions Privilege Markets At The Expense Of Democracy?, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Terms Of Endearment And Articles Of Impeachment, Charles W. Collier Sep 1999

Terms Of Endearment And Articles Of Impeachment, Charles W. Collier

UF Law Faculty Publications

It is a long-established principle that presidential impeachment is an appropriate remedy only for “high Crimes and Misdemeanors” of a public nature (with the possible exception of private crimes so heinous that the President “cannot be permitted to remain at large”). The crux of this Essay's argument is that the President's affair with Monica Lewinsky was a private matter that was not rendered “public” simply because Mr. Clinton lied about it. With its vote against removing the President, the Senate seemed to agree.


Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle Jul 1999

Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts Jun 1999

The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


The Lobbyist No. 25 (May 1999), Maine Women's Lobby Staff May 1999

The Lobbyist No. 25 (May 1999), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


The Demonization Of Jonathan Pollard, Kenneth Lasson Apr 1999

The Demonization Of Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

This article discusses the case of Jonathan Pollard, and the issues surrounding his conviction of spying for Israel while acting as a U.S. naval intelligence analyst. Cited are the writer's view of the inequities of his conviction, and possible political motivations for his sentence.


The Lobbyist No. 24 (February 1999), Maine Women's Lobby Staff Feb 1999

The Lobbyist No. 24 (February 1999), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Enclave Districting, Henry L. Chambers, Jr. Jan 1999

Enclave Districting, Henry L. Chambers, Jr.

Law Faculty Publications

Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished. In the wake of the Supreme Court's suggestion that representation should focus ...


Commentary: Symposium: Cannibal Democracies: Human Rights And Democracy In Turkey, Gregory Fox Jan 1999

Commentary: Symposium: Cannibal Democracies: Human Rights And Democracy In Turkey, Gregory Fox

Law Faculty Research Publications

No abstract provided.


Lying To Protect Privacy, Anita L. Allen Jan 1999

Lying To Protect Privacy, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Lies And Law, Robert F. Nagel Jan 1999

Lies And Law, Robert F. Nagel

Articles

No abstract provided.


Taking Decisions Seriously, Richard D. Friedman Jan 1999

Taking Decisions Seriously, Richard D. Friedman

Reviews

The New Deal era is one of the great turning points of American constitutional history. The receptivity of the Supreme Court to regulation by state and federal governments increased dra- matically during that period. The constitutionalism that prevailed before Charles Evans Hughes became Chief Justice in 1930 was similar in most respects to that of the beginning of the twen- tieth century. The constitutionalism that prevailed by the time Hughes’ successor Harlan Fiske Stone died in 1946 is far more related to that of the end of the century. How this transformation occurred is a crucial and enduring issue in ...


Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen Jan 1999

Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen

Faculty Scholarship at Penn Law

67 Geo. Wash. L. Rev. 1165 (1999).


Clean Air, Congress And The Constitution: Why Delegation Ruling Was Correct, David Schoenbrod Jan 1999

Clean Air, Congress And The Constitution: Why Delegation Ruling Was Correct, David Schoenbrod

Other Publications

No abstract provided.


An Elegant But Incomplete Analysis Of Delegation, David Schoenbrod Jan 1999

An Elegant But Incomplete Analysis Of Delegation, David Schoenbrod

Other Publications

No abstract provided.


The Lobbyist No. 27 (Fall 1999), Maine Women's Lobby Staff Jan 1999

The Lobbyist No. 27 (Fall 1999), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Ingos As Political Actors, Makau Mutua Jan 1999

Ingos As Political Actors, Makau Mutua

Journal Articles

No abstract provided.


Managed Care, Autonomy, And Decision-Making At The End-Of-Life, Alan Meisel Jan 1999

Managed Care, Autonomy, And Decision-Making At The End-Of-Life, Alan Meisel

Articles

Some argue that legalizing physician-assisted suicide poses intolerable risks, especially as we move from a system of fee-for-service health care to managed care. Although we need to be concerned about physician-assisted suicide in the context of managed care, physician-assisted suicide poses risks in a fee-for-service system too. In addition, we need to be concerned about the risks posed not only by physician-assisted suicide but also by the well-accepted practice of forgoing life-sustaining treatment. Instead of focusing on the manner of hastening death or the type of health care system, we need to show more concern for protections to assure that ...


Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong Jan 1999

Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong

Faculty Articles and Other Publications

The divided panel decision of the U.S. Court of Appeals for the D.C. Circuit in /n re Lindsey, 158 F.3d 1263 (D.C. Cir.), cert. denied, 119 S. Ct. 466 (1998), represented a dramatic shift in that court's thinking on the question whether the attorney-client privilege protects what a government official says to his agency's counsel in confidence. Although the court of appeals in at least four previous decisions had held that a government agency client holds the same privilege any other client would under like circumstances to communicate with counsel in private, the Lindsey ...


Regional Security And The Challenges Of Democratisation In Africa: The Case Of Ecowas And Sadc, Jeremy I. Levitt Jan 1999

Regional Security And The Challenges Of Democratisation In Africa: The Case Of Ecowas And Sadc, Jeremy I. Levitt

Journal Publications

In recent years, African leaders have aggressively sought to strengthen their regional security structures while simultaneously attempting to democratise. Although they recognise that African regional organisations will need to assume a greater role in tackling Africa's security problems, the challenges posed by on-going democratisation efforts have had a visible impact on the effectiveness of some regional organisations. This article examines the challenges that democratisation poses to regional collective security arrangements in Africa, with specific reference to ECOWAS and SADC. It argues that whilst the inclination to democratise has influenced the establishment of new collective security structures, the superficial nature ...


Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya Jan 1999

Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya

Articles

No abstract provided.


The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts Jan 1999

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Pharmacists, Physician-Assisted Suicide, And Pain Control, Alan Meisel Jan 1999

Pharmacists, Physician-Assisted Suicide, And Pain Control, Alan Meisel

Articles

One of the unintended consequences of the decade-old public debate about the legalization of physician-assisted suicide is an increased interest in pain control for terminally ill patients. Pain control and other aspects of palliative care are seen not only as medically desirable but as necessary to assure so as to minimize the pressure to legalize physician-assisted suicide or utilize physician-assisted suicide even if not legal. Most of the public debate has centered on the role of physicians in assisted suicide.

However, there has been very little discussion about the role that health care professionals - - other than physicians -- would play if ...


Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos Jan 1999

Judicial Review Of Initiatives And Referendums In Which Majorities Vote On Minorities’ Citizenship, Sylvia R. Lazos

Scholarly Works

In this Article, Professor Lazos examines initiatives and referendums in which a majority is in a position to vote on the content of a minority's democratic civic standing. Case law fails to set forth a single test for judicial review; consequently, doctrinal and theoretical coherence in this area is nonexistent. Professor Lazos proposes a test that takes into account social dynamics and focuses on the impact of these measures. First, she examines outcomes over the last three decades of approximately eighty such initiatives and referendums, from the anti-integration movement of the sixties to today's ideological and cultural versions ...


The Independent Counsel Statute: A Premature Demise, Julian A. Cook Jan 1999

The Independent Counsel Statute: A Premature Demise, Julian A. Cook

Scholarly Works

With the backdrop of the impeachment trial of President William Jefferson Clinton, Congress was confronted with the quandary of whether to reauthorize the independent counsel statute. As the statute approached its June 30, 1999 lapse date, lawmakers grappled with and bandied about an array of proposals, including statutory abandonment, in the midst of tremendous political tension and public fervor over the actions of the President, Independent Counsel Kenneth Starr, and members of Congress. Ultimately, Congress allowed the statute to expire, leaving the prosecution of high-ranking Executive Branch officials in the hands of the Department of Justice. Advocates of reauthorization could ...


The Ethics Backlash And The Independent Counsel Statute, George D. Brown Jan 1999

The Ethics Backlash And The Independent Counsel Statute, George D. Brown

Boston College Law School Faculty Papers

In this Article, Professor George D. Brown explores the role of the Office of Independent Counsel and the current ethics backlash surrounding its reauthorization. He examines the historical development of the institution through the accounts of two previous "special prosecutors,” Archibald Cox and Lawrence Walsh. Professor Brown also explores the arguments of critics who call for the institution's abolition and counters with his own call for change and renewal. As an alternative to renewal, he suggests a short-term extension, a "cooling off' period to permit Congress to take a detached look at the independent counsel.

Professor Brown observes that ...


Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell Jan 1999

Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


The Virtues Of Presidential Weakness: A Comment On Fitts, Ernest A. Young Jan 1999

The Virtues Of Presidential Weakness: A Comment On Fitts, Ernest A. Young

Faculty Scholarship

No abstract provided.


Issue Advocacy: Redrawing The Elections/Politics Line, Richard Briffault Jan 1999

Issue Advocacy: Redrawing The Elections/Politics Line, Richard Briffault

Faculty Scholarship

In the closing weeks of the 1996 election, Montana's airwaves were flooded with the following television advertisement:

Who is Bill Yellowtail? He preaches family values, but he took a swing at his wife. Yellowtail's explanation? He 'only slapped her,' but her nose was broken. He talks law and order, but is himself a convicted criminal. And though he talks about protecting children, Yellowtail failed to make his own child support payments, then voted against child support enforcement. Call Bill Yellowtail and tell him we don't approve of his wrongful behavior. Call (406) 443-3620.

The anti-Yellowtail ad, financed ...