Law Commons^™

Maine Women's Lobby News Letter (1996 - November) No. 17, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson

BYU Law Review

No abstract provided.

The Rise Of Balanced Budget Laws In Canada: Legislating Fiscal (Ir)Responsibility, Lisa C. Philipps

Osgoode Hall Law Journal

Virtually unknown in Canada before the 1990s, balanced budget legislation has suddenly become popular across the country. The author examines the wide diversity of mechanisms being used to limit state fiscal powers, including spending caps, anti-deficit rules, and tax referenda. Evaluating these measures, the author raises concerns about the impact of balanced budget laws on economic stability, social justice, and political democracy. She warns against discounting either their instrumental effects or their power to shape public finance discourse. Though some provinces have adopted less severe versions, the author concludes that these efforts only partially mitigate the dangers of balanced budget …

Bosnian Elections, Reid Westrem

Occasional Papers on Religion in Eastern Europe

No abstract provided.

Judicial Ethics, Law Clerks And Politics, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue

US Government Documents related to Indigenous Nations

This court case, decided on August 28, 1996, presented the problem of tribal council authority to enter the tribe into binding contracts. The disputing parties in this case entered a contract for co-operation of casino activities at Four Bears Motor Lodge while Wilbur Wilkinson was part of the Tribal Council. When the council changed leadership, the validity of the contract between Bruce Lien Co. and the Three Affiliated Tribes was challenged by the new leadership who alleged that Wilkinson did not have the authority to bind the Three Affiliated Tribes to the contract. Bruce Lien Co. felt they were entitled …

Courting Disrespect, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Maine Women's Lobby News Letter (1996 - August) No.16, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The New World Order: Sovereignty, Human Rights And The Self-Determination Of Peoples, Mortimer N.S. Sellers

Books

The end of the Cold War has allowed for the prospect of a New World Order, in which the United Nations and other 'international actors' may return to their post-war mandate of maintaining international peace and security through collective action. This book addresses the central question of sovereignty under the new regime: which internal actions of states will justify intervention by the international community? The unifying theme of these chapters — written from a wide variety of national and cultural perspectives — is the conflict between cultural relativism and human rights in the postmodern world. Eleven authors address these questions …

Maine Women's Lobby News Letter (1996 - May) No. 15, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee

BYU Law Review

No abstract provided.

Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee

BYU Law Review

No abstract provided.

Civil Rights And Federalism Fights: Is There A "More Perfect Union" For The Heirs To The Promise Of Brown?, Pace Jefferson Mcconkie

BYU Law Review

No abstract provided.

Why Is This Man A Moderate?, Richard A. Epstein

Michigan Law Review

A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics

How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.

The Law Of Patronage At A Crossroads, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Skunk In An Onion Patch Buchanan Threatens Dole If He Doesn't Shut Up-And America If He Does, Kenneth Lasson

All Faculty Scholarship

Regardless of his finish in the primaries, Mr. Buchanan is determined to be heard from at the Republican National Convention in late summer. Mr. [Bob Dole] would like his endorsement for the votes it would provide, but cannot be serious about hoping "that Pat Buchanan would find it in his heart as a good Republican to join forces and close ranks." Can good Republicans be outright bigots? Does Mr. Dole have a political death wish?

What's in Mr. Buchanan's heart is the cause. "We'll go forward," he vowed on national television, "fighting for the cause." But the purity of the …

Maine Women's Lobby News Letter (1996 - March) No. 14, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards

Brigham Young University Journal of Public Law

No abstract provided.

Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

During the past quarter century, lawyers have become strangely comfortable with descriptions of our government's structure that would, to an untutored ear, speak contradiction. We are quite satisfied to say that governmental powers are separate and shared, departments distinct and overlapping, functions autonomous and interdependent. We have settled into these contradictions as we would a roomy chair: talking this way is no longer controversial but taken for granted, uttered with a knowing wink, perceived as the starting point of sophisticated analysis. A not "entirely separate," but "entirely free," set of departments is the only way we can think about the …

Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor

Michigan Law Review

This Note argues that groups seeking to correct underrepresentation caused by the differential undercount do not have standing to sue the Secretary of Commerce but that they can sue their state governments in an effort to force them to use the best population data available in the construction of congressional districts. Part I details the deeply rooted character of the differential undercount, describes statistical means that could have been employed to adjust the 1990 census, and demonstrates that the adjusted count surpasses the official census as an accurate representation of the true population. Part II examines recent litigation that has …

Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald

Michigan Journal of Race and Law

Part I of this Article reviews the congressional redistricting process in Georgia, particularly the State's efforts to comply with the Voting Rights Act and avoid the dilution of minority voting strength. Part II describes the plaintiffs' constitutional challenge and the State's asserted defenses, or more accurately its lack of asserted defenses. Part III argues that the decision of the majority rests upon wholly false assumptions about the colorblindness of the political process and the harm caused by remedial redistricting. Part IV notes the expansion in Miller of the cause of action first recognized in Shaw v. Reno. Part V …

Standards, Change, Politics, And The Millennium, Erica Moeser

Loyola University Chicago Law Journal

No abstract provided.

Eulogy: Hamilton Fish, Jr., Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Race And Political Empowerment: The Crisis Of Black Leadership, William E. Nelson Jr.

William Monroe Trotter Institute Publications

W.E.B. Du Bois demonstrated poignant insight into the character of American society when he predicted in 1901 that the fundamental problem of the 20th Century would be the problem of the color line. Du Bois was writing in the aftermath of the first reconstruction that saw the institutionalization of Jim Crow and white dominance across the South. This period was symbolized by the infamous Plessy v. Ferguson decision in 1896. It was also marked by the capitulation of white Republican custodians of Reconstruction to the racist demands of southern politics, including the massive ejection of Black politicians from public office, …

Progress And Constitutionalism, Robert F. Nagel

Publications

No abstract provided.

Pragmatism And Parity In Appointments, Yxta Maya Murray

Michigan Journal of Gender & Law

This review uses Carter's two foci as a springboard for analyzing the Article II, Section II appointment process. First, Carter's discussion of indecency in modern appointments may be a valuable theoretical insight into the process instead of a mere sociological observation. "Indecency" in appointments, or what is known as "borking" in Carter parlance, may also be a symptom of race and gender bias in the administration of the Article II, Section II power. To ameliorate the effects of this bias, I suggest the incorporation of pragmatism (a thread of philosophical and legal thought) and parity concepts into the existing appointments …

U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst

Michigan Journal of Gender & Law

The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …

Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies

Michigan Journal of Gender & Law

The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …