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Full-Text Articles in Law
Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger
Not Mere Rhetoric: On Wasting Or Claiming Your Legacy, Justice Scalia, Marie Failinger
Faculty Scholarship
The thesis of the article is that the Court’s enterprise is centered on preserving community through an ethics of warranted trust, and that Scalia’s rhetoric often rejects such an ethic. A modern democratic citizen, along with his whole community, instead finds himself in the situation of necessary trust in democratic institutions like the Supreme Court. The willingness of a political community ultimately to place its trust in authority is partially dependent on that authority’s commitment to, and skill at, creating a convincing argument. The practice of rhetoric recognizes the dynamics of a relation of trust: the rhetor must put his …
Erlandson V. Kiffmeyer: Minnesota’S Absentee Voting Laws Following The Sudden Death Of Incumbent Candidate Paul Wellstone, Elizabeth M. Brama
Erlandson V. Kiffmeyer: Minnesota’S Absentee Voting Laws Following The Sudden Death Of Incumbent Candidate Paul Wellstone, Elizabeth M. Brama
William Mitchell Law Review
This article addresses the legal and practical effects of Senator Wellstone's death and the court's absentee ballot decision in Erlandson v. Kiffmeyer. Part II discusses other, surprisingly common, instances when a candidate has died or withdrawn close to an election, and examines Minnesota's approach to pre-election vacancies. Part III explores the Erlandson decision and the facts giving rise to it. Part IV then analyzes the court's decision and the legislature's reaction to it. Finally, Part V concludes that if the state has an acknowledged goal of enfranchising absentee voters even after an unexpected, catastrophic event, then state law must be …
Pressure Of The Popular: Presidential Prestige And The High Court, Timothy W. Clark
Pressure Of The Popular: Presidential Prestige And The High Court, Timothy W. Clark
William Mitchell Law Review
Review of Popular Justice: Presidential Prestige and Executive Success in the Supreme Court. By Jeff Yates. State University of New York Press, 2002. 131 pages. $17.95.