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1993

Law and Politics

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Full-Text Articles in Law

Maine Women's Lobby News Letter (1993 - November) No. 5, Maine Women's Lobby Staff Nov 1993

Maine Women's Lobby News Letter (1993 - November) No. 5, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky Nov 1993

Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky

Articles

Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …


Section 9: The Court And Politics, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1993

Section 9: The Court And Politics, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Maine Women's Lobby News Letter (1993 - August) No. 4, Maine Women's Lobby Staff Aug 1993

Maine Women's Lobby News Letter (1993 - August) No. 4, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson May 1993

Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.


Maine Women's Lobby News Letter (1993 - April) No. 3, Maine Women's Lobby Staff Apr 1993

Maine Women's Lobby News Letter (1993 - April) No. 3, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Maine Women's Lobby News Letter (1993 - March) No. 2, Maine Women's Lobby Staff Mar 1993

Maine Women's Lobby News Letter (1993 - March) No. 2, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Political Federalism And Congressional Truth-Telling, Margaret G. Stewart Mar 1993

Political Federalism And Congressional Truth-Telling, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.


Maine Women's Lobby News Letter (1993 - January) No. 1, Maine Women's Lobby Staff Jan 1993

Maine Women's Lobby News Letter (1993 - January) No. 1, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Markets And States In Development: India's Reformers And The East Asian Experience, Shalendra Sharma Jan 1993

Markets And States In Development: India's Reformers And The East Asian Experience, Shalendra Sharma

Politics

No abstract provided.


In Defense Of Lawyers, Henry J. Reske Jan 1993

In Defense Of Lawyers, Henry J. Reske

News Articles

Conservative judge challenges Quayle statistics.


Federal Court Reform Should Start At The Top, Roger J. Miner '56 Jan 1993

Federal Court Reform Should Start At The Top, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


The Role Of Civil Service Attorneys And Political Appointees In Making Policy In The Civil Rights Division Of The U.S. Department Of Justice, Brian K. Landsberg Jan 1993

The Role Of Civil Service Attorneys And Political Appointees In Making Policy In The Civil Rights Division Of The U.S. Department Of Justice, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


The (Queer) Revolution Will Not Be Liberalized, Sarah E. Chinn, Kris Franklin Jan 1993

The (Queer) Revolution Will Not Be Liberalized, Sarah E. Chinn, Kris Franklin

Articles & Chapters

No abstract provided.


Panhandlers At Yale: A Case Study In The Limits Of Law, Brandt Goldstein Jan 1993

Panhandlers At Yale: A Case Study In The Limits Of Law, Brandt Goldstein

Articles & Chapters

No abstract provided.


Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts Jan 1993

Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Advocacy And Scholarship, Paul F. Campos Jan 1993

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …


Book Review, Paul Campos Jan 1993

Book Review, Paul Campos

Publications

No abstract provided.


That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos Jan 1993

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Publications

No abstract provided.


Silence And The Word, Paul Campos Jan 1993

Silence And The Word, Paul Campos

Publications

No abstract provided.


From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches Jan 1993

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Publications

No abstract provided.


Name-Calling And The Clear Error Rule, Robert F. Nagel Jan 1993

Name-Calling And The Clear Error Rule, Robert F. Nagel

Publications

No abstract provided.


Disagreement And Interpretation, Robert F. Nagel Jan 1993

Disagreement And Interpretation, Robert F. Nagel

Publications

No abstract provided.


Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi Jan 1993

Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi

Publications

No abstract provided.


How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

Publications

No abstract provided.


Note, Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser Jan 1993

Note, Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser

Publications

No abstract provided.


The Right To Health Care In The United States, Ken Wing Jan 1993

The Right To Health Care In The United States, Ken Wing

Faculty Articles

This article provides an analysis of the history of constitutional interpretation in the United States, and reveals that any right Americans have to health care is a political rather than constitutional right.


Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Jan 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Faculty Scholarship

Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …


How To Limit Gerrymandering, Michael Lewyn Jan 1993

How To Limit Gerrymandering, Michael Lewyn

Scholarly Works

No abstract provided.


Further Reflections On Libertarian Criminal Defense, William H. Simon Jan 1993

Further Reflections On Libertarian Criminal Defense, William H. Simon

Faculty Scholarship

Since David Luban's is the work on legal ethics that I admire and agree with most, there is an element of perversity in my vehement critique of his arguments on criminal defense. I am therefore especially thankful for his gracious and thoughtful response. Nevertheless, I remain convinced that Luban is mistaken in excepting criminal defense from much of the responsibility to substantive justice that we both think appropriate in every other sphere of lawyering.