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Full-Text Articles in Law
One Person, One Vote, And The Possibility Of Political Community, James A. Gardner
One Person, One Vote, And The Possibility Of Political Community, James A. Gardner
Journal Articles
No abstract provided.
Neutralizing The Incompetent Voter: A Comment On Cook V. Gralike, James A. Gardner
Neutralizing The Incompetent Voter: A Comment On Cook V. Gralike, James A. Gardner
Journal Articles
No abstract provided.
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
Journal Articles
In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the U.S. Constitution. But this reconciliation is unavailable for state courts, which, by operation …
Video Surveillance In Nursing Homes, Elizabeth G. Adelman
Video Surveillance In Nursing Homes, Elizabeth G. Adelman
Journal Articles
No abstract provided.
The Rhetoric Of Motive And Intent, Guyora Binder
The Rhetoric Of Motive And Intent, Guyora Binder
Journal Articles
This article offers a critical analysis of the traditional maxim that motive is irrelevant to criminal liability. It retraces the history of this principle to show how its meaning has changed and its validity has declined over time. Originally promoted by reformers, the irrelevance of motive maxim derived meaning from their efforts to codify criminal law. In this context, the irrelevance of motive stood for two related reforms: (1) legislators should condition criminal liability on expectations of harm rather than desires, and (2) courts should require proof of statutory mental elements. With the success of codification, however, the irrelevance of …
An Introduction To The Essential Fish Habitat (Efh) Consultation Process For The South Atlantic Region, Kim Diana Connolly
An Introduction To The Essential Fish Habitat (Efh) Consultation Process For The South Atlantic Region, Kim Diana Connolly
Journal Articles
No abstract provided.
The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner
The Regulatory Role Of State Constitutional Structural Constraints In Presidential Elections, James A. Gardner
Journal Articles
No abstract provided.
The New Environmental Law: Forest Certification, Errol E. Meidinger
The New Environmental Law: Forest Certification, Errol E. Meidinger
Journal Articles
This paper argues that the rapidly expanding practice of forest certification, together with similar developments in other sectors, is creating a new template for environmental law. Nongovernmental organizations and some industry actors are establishing binding regulatory standards, systems for monitoring compliance, sanctions for non-compliance, and, when things work well, methods for assessment and revision. It locates these developments as a part of “phase 3” of environmental law, which also involves a proliferation of other initiatives beyond traditional regulation. Finally, it offers a preliminary discussion of the efficacy, adaptability, coherence, and legitimacy of the emergent system.
Punishment Theory: Moral Or Political?, Guyora Binder
Punishment Theory: Moral Or Political?, Guyora Binder
Journal Articles
This article argues that the justification of punishment is best conceived as a problem of political theory rather than moral philosophy. Noting the familiar charge that utilitarianism permits framing the innocent, it argues that retributivism is equally vulnerable to the charge that it permits lynching the guilty. It argues that both critiques unfairly attribute lawlessness and dishonesty to the respective punishment theories. As a result, they mischaracterize both as theories about what individuals should do, rather than what acts legitimate government should authorize. In so doing, they disregard how committed the founders of the respective theories were to the rule …