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2005

Law and Politics

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Articles 1 - 30 of 54

Full-Text Articles in Law

Theorizing Agency, Susan Carle Dec 2005

Theorizing Agency, Susan Carle

American University Law Review

Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …


Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla Nov 2005

Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2005

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant developments in the law affecting Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Virginia Attorney General over the past year. The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.


Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger Oct 2005

Preparing For 2006: A Constitutional Argument For Closing The 527 Soft Money Loophole, Jeffrey P. Geiger

William & Mary Law Review

No abstract provided.


A Wolf In Sheep's Clothing: Gaffney And The Improper Role Of Politics In The Districting Process, Robert A. Koch Oct 2005

A Wolf In Sheep's Clothing: Gaffney And The Improper Role Of Politics In The Districting Process, Robert A. Koch

University of Michigan Journal of Law Reform

The Supreme Court unanimously agrees that excessive partisan gerrymandering is unconstitutional. A plurality of the Court, however, would hold partisan gerrymandering claims to be nonjusticiable due to the lack of a judicially manageable standard. This Note synthesizes the opinions of a majority of the Court in Vieth v. Jubelirer on the precise harms of partisan gerrymandering and argues that excessive partisan gerrymandering unconstitutionally burdens the representational rights of individual voters. This Note proposes a judicially manageable standard to address that representational harm based on the Court's standard in Shaw v. Reno.


Challenges And Opportunities Facing Religious Freedom In The Public Square, Judge J. Clifford Wallace Sep 2005

Challenges And Opportunities Facing Religious Freedom In The Public Square, Judge J. Clifford Wallace

BYU Law Review

No abstract provided.


Religion In The Public Sphere: Challenges And Opportunities, Blandine Chelini-Pont Sep 2005

Religion In The Public Sphere: Challenges And Opportunities, Blandine Chelini-Pont

BYU Law Review

No abstract provided.


Religion In The Public Sphere: Challenges And Opportunities In Japan, Hiroaki Kobayashi Sep 2005

Religion In The Public Sphere: Challenges And Opportunities In Japan, Hiroaki Kobayashi

BYU Law Review

No abstract provided.


Religion In The Public Sphere: Challenges And Opportunities In Ghanaian Lawmaking, 1989-2004, Elom Dovlo Sep 2005

Religion In The Public Sphere: Challenges And Opportunities In Ghanaian Lawmaking, 1989-2004, Elom Dovlo

BYU Law Review

No abstract provided.


Rethinking The Role Of Religion In Changing Public Spheres: Some Comparative Perspectives, Rosalind I.J. Hackett Sep 2005

Rethinking The Role Of Religion In Changing Public Spheres: Some Comparative Perspectives, Rosalind I.J. Hackett

BYU Law Review

No abstract provided.


David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe May 2005

David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe

Human Rights & Human Welfare

A review of:

The United States and the Rule of Law in International Affairs by John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp.


Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei May 2005

Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei

University of Richmond Law Review

No abstract provided.


The Case For Federal Anti-Gerrymandering Legislation, Brian O'Neill Apr 2005

The Case For Federal Anti-Gerrymandering Legislation, Brian O'Neill

University of Michigan Journal of Law Reform

Partisan gerrymandering is a political tradition the United States can no longer afford. Due in part to the effects of partisan gerrymandering, very few congressional elections are meaningfully competitive. This Note argues that partisan gerrymandering damages both the quality of American democracy and the federal system of the United States. This Note concludes that the important federal interests at stake warrant action by Congress to halt partisan gerrymandering. The Note further concludes that any action by Congress should incorporate the principles of federalism by resisting the temptation to micromanage and Congress should instead require state commissions to draft the boundaries …


China's War On Graft: Politico-Legal Campaigns Against Corruption In China And Their Similarities To The Legal Reactions To Crisis In The U.S., Benjamin Van Rooij Apr 2005

China's War On Graft: Politico-Legal Campaigns Against Corruption In China And Their Similarities To The Legal Reactions To Crisis In The U.S., Benjamin Van Rooij

Washington International Law Journal

In the last two decades, China organized political campaigns to fight corruption. Such campaigns led to an increased prosecution of high-profile cases involving high-level officials. Perceived corruption in China, however, has not decreased as a result, because the campaigns failed to address widespread lower-level incidents. China's political campaigns against corruption—the politico-legal campaigns—are an example of the use of political methods to enhance the legal system. China has organized several politico-legal campaigns to promote public awareness of legal issues and combat crimes, including illegal drug trade, copyright infringements, and environmental violations. The Chinese politico-legal campaigns show that China needs its effective …


Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke Mar 2005

Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke

Nevada Law Journal

No abstract provided.


Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla Mar 2005

Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Collection Of Senator Cornyn's Articles On Federal Judicial Selections Introductory Letter, John Cornyn Mar 2005

Collection Of Senator Cornyn's Articles On Federal Judicial Selections Introductory Letter, John Cornyn

University of Richmond Law Review

No abstract provided.


Appellate Court Appointments In The Second Bush Administration, Carl Tobias Mar 2005

Appellate Court Appointments In The Second Bush Administration, Carl Tobias

University of Richmond Law Review

No abstract provided.


No Constitutional Right To A Rubber Stamp, Richard J. Durbin Mar 2005

No Constitutional Right To A Rubber Stamp, Richard J. Durbin

University of Richmond Law Review

No abstract provided.


Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman Mar 2005

Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman

University of Richmond Law Review

No abstract provided.


Judicial Selection As . . . Talk Radio, Michael J. Gerhardt Mar 2005

Judicial Selection As . . . Talk Radio, Michael J. Gerhardt

University of Richmond Law Review

No abstract provided.


Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson Mar 2005

Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson

University of Richmond Law Review

No abstract provided.


Falsities On The Senate Floor, John Cornyn Mar 2005

Falsities On The Senate Floor, John Cornyn

University of Richmond Law Review

No abstract provided.


Standards Of The Supreme Court, John Cornyn Mar 2005

Standards Of The Supreme Court, John Cornyn

University of Richmond Law Review

No abstract provided.


Debunking Double Standards, John Cornyn Mar 2005

Debunking Double Standards, John Cornyn

University of Richmond Law Review

No abstract provided.


The Presumed Alliance: The Unspoken Conflict Between Latinos And Blacks And What It Means For America , Leeann O’Neill Jan 2005

The Presumed Alliance: The Unspoken Conflict Between Latinos And Blacks And What It Means For America , Leeann O’Neill

The Modern American

No abstract provided.


African Americans And The Republican Party: Positioning For 2008, Sophia A. Nelson Jan 2005

African Americans And The Republican Party: Positioning For 2008, Sophia A. Nelson

The Modern American

No abstract provided.


South Asian Americans In U.S. Politics, Roopa Nemi, Amala Nath Jan 2005

South Asian Americans In U.S. Politics, Roopa Nemi, Amala Nath

The Modern American

No abstract provided.


Uncertainty Maintained: The Split Decision Over Partisan Gerrymanders In Vieth V. Jubelirer, Michael Weaver Jan 2005

Uncertainty Maintained: The Split Decision Over Partisan Gerrymanders In Vieth V. Jubelirer, Michael Weaver

Loyola University Chicago Law Journal

No abstract provided.


Justice And Truth In Political Discourse, John L. Mccormack Jan 2005

Justice And Truth In Political Discourse, John L. Mccormack

Loyola University Chicago Law Journal

No abstract provided.