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Articles 1 - 9 of 9
Full-Text Articles in Law
Congress And The Legislative Web Of Trust, Alan L. Feld
Congress And The Legislative Web Of Trust, Alan L. Feld
Faculty Scholarship
Trust in the legislative arena does not flow from altruism. It rests on two related foundations: personal interactions and rational incentives. Legislators must engage with each other over at least a two-year term and usually far longer. Their encounters reflect the dynamic of continuing players rather than one-time participants. Thus, failure to carry out commitments chills the possibility of future advantageous agreements with the aggrieved party. Moreover, the process of shared experience and personal interaction can create friendships that make the foundation for trust personal as well as professional. Further, each House of Congress has many of the characteristics of …
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence Solan
Faculty Scholarship
No abstract provided.
Reciprocity, Utility, And The Law Of Aggression, Anita Bernstein
Reciprocity, Utility, And The Law Of Aggression, Anita Bernstein
Faculty Scholarship
No abstract provided.
Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger
Crystals And Mud In Bankruptcy Law: Judicial Competence And Statutory Design, Edward J. Janger
Faculty Scholarship
No abstract provided.
Dissing Congress , Ruth Colker, James J. Brudney
Dissing Congress , Ruth Colker, James J. Brudney
Faculty Scholarship
This article adopts a novel separation of powers framework to analyze the Rehnquist Court's recent decisions under the Commerce Clause and Section Five of the Fourteenth Amendment. We demonstrate in historical terms how the Court's methods for assessing the constitutional adequacy of federal laws have changed dramatically since the mid-1990s, and we argue that these new methods are undermining the proper role of Congress and producing a significant shift in the balance of power between the Branches. We identify two distinct methodologies employed by the Rehnquist Court that have resulted in growing disrespect for Congress - the "crystal ball" and …
The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney
The Uniform State Law Process: Will The Uma And Ruaa Be Adopted By The States?, James J. Brudney
Faculty Scholarship
Most practicing attorneys and legal academics first become aware of uniform statutes when studying the Uniform Commercial Code (UCC) in law school. Yet the UCC's widespread acceptance and periodic renewal are not the legacy that generally attends uniform law ventures This overview of the uniform statutory process offers some perspective for proponents of the recently approved Uniform Mediation Act (UMA) and Revised Uniform Arbitration Act (RUAA) as they attempt to secure enactment in multiple state legislatures.
Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib
Towards A Practice Of Deliberative Democracy: A Proposal For A Popular Branch , Ethan J. Leib
Faculty Scholarship
Proposals for practical institutional reforms are notoriously absent from discussions about deliberative democracy. It is imperative to engage in the “nuts and bolts” debate of just what kinds of changes we discourse theorists or deliberative democrats want to effect. Here I would like to try to synthesize a reform proposal of my own based upon three major assumptions. Without argument, I assume a largely discourse-theoretic view of democracy that takes for granted the republican virtue of collective self-government as well as the Kantian claim that each citizen should be the author of his own laws. I further assume that our …
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora
Faculty Scholarship
No abstract provided.
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora
Faculty Scholarship
No abstract provided.