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2001

Constitutional Law

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Articles 421 - 427 of 427

Full-Text Articles in Law

In Defense Of Representative Democracy: A Reply To Erwin Chemerinsky, Michael Scaperlanda Dec 2000

In Defense Of Representative Democracy: A Reply To Erwin Chemerinsky, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Clothes For The Emperor, Katheleen R. Guzman Dec 2000

Clothes For The Emperor, Katheleen R. Guzman

Katheleen R. Guzman

No abstract provided.


An Arrow To The Heart: The Love And Death Of Postmodern Legal Scholarship, Stephen M. Feldman Dec 2000

An Arrow To The Heart: The Love And Death Of Postmodern Legal Scholarship, Stephen M. Feldman

Stephen M. Feldman

This Article responds to two critiques of postmodern legal scholarship published by Dennis W. Arrow in the Michigan and Texas Law Reviews. Arrow raises the modernist criticisms that are most often leveled against postmodern legal scholars. If Arrow and the other critics were to be believed, postmodernists are muddle-headed thinkers who write indecipherable jargon-filled nonsense. Even worse, they are irresponsible nihilists who lack political convictions. Such criticisms of postmodernism are unpersuasive because the typical modernist depiction of postmodern legal thought is seriously inaccurate. It is little more than a caricature.The modernists, in other words, are imprecise and downright wrong. Now, …


Yes, Virginia (Tech), Our Government Is One Of Limited Powers, Michael R. Dimino Dec 2000

Yes, Virginia (Tech), Our Government Is One Of Limited Powers, Michael R. Dimino

Michael R Dimino

The Framers of the Constitution designed the national government to be one of limited powers. Distrustful of the
accumulation of power in any single body, the Framers provided for the division of powers both within the national, or general, government, and between the national government and the state governments. The separation of powers among the national government's legislative, executive, and judicial branches requires each branch to secure the acquiescence of the other two for the successful implementation of any policy, while the federalism that divides power between the national and the state governments prevents either from obtaining
totalitarian control over …


The Role Of State Processes In The Production Of ‘Ethnic’ Conflict: The Nation-State Dialectic, Europeanisation And Globalisation, Nicos Trimikliniotis Dec 2000

The Role Of State Processes In The Production Of ‘Ethnic’ Conflict: The Nation-State Dialectic, Europeanisation And Globalisation, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper sets out to theorise the production of ‘ethnic’ and ‘national’ conflict via the complex interrelation between ‘Nation’ and ‘State’, in what is termed as the nation-state dialectic. It considers the production of ‘ethnic conflict’ and the role of nationalism, the state and class politics. It theorises the State as a social relation and as a power structure and then proceeds in linking it to the emergence of the nation-state construct. In theorising ‘the State’, the attempt is to go beyond considering it merely as a juridical-legal apparatus of power in a given territory, but to explore it also …


Europeanisation And Modernisation: Locating Cyprus In The Southern European Context, Nicos Trimikliniotis Dec 2000

Europeanisation And Modernisation: Locating Cyprus In The Southern European Context, Nicos Trimikliniotis

Nicos Trimikliniotis

The question of ‘modernisation’ of the state in Cyprus has recently received a great deal of attention in Cypriot politics. During the last Parliamentary elections in May 2000, the question of ‘modernisation’ entered the political dictionary of the mainstream parties. All political forces professed to be ‘European’, they pledged commitment to the EU accession process and the debate over ‘modernisation’ was closely linked to the policies of harmonisation with the EU in the light of accession. However, little critical work exists to examine Europeanisation that assesses the specific policies employed, the policy goals and kind of issues the processes entails. …


All The President’S Men? Executive Departments And Executive Privilege, Michael R. Dimino Dec 2000

All The President’S Men? Executive Departments And Executive Privilege, Michael R. Dimino

Michael R. Dimino

No abstract provided.