Law Commons^™

Fifth Annual Henry Lecture: The Promise And Perils Of Hybrid Democracy, Elizabeth Garrett

Oklahoma Law Review

No abstract provided.

When Does Deliberating Improve Decisionmaking?, Mathew D. Mccubbins, Daniel B. Rodriguez

Faculty Scholarship

No abstract provided.

Conditions For Judicial Independence, Mathew D. Mccubbins, Roger Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

Courts, Congress, And Public Policy, Part I: The Fda, The Courts, And The Regulation Of Tobacco, Jeffrey R. Lax, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

Agenda Control In The Bundestag, 1980-2002, William M. Chandler, Gary W. Cox, Mathew D. Mccubbins

Faculty Scholarship

We find strong evidence of monopoly legislative agenda control by government parties in the Bundestag. First, the government parties have near-zero roll rates, while the opposition parties are often rolled over half the time. Second, only opposition parties’ (and not government parties’) roll rates increase with the distances of each party from the floor median. Third, almost all policy moves are towards the government coalition (the only exceptions occur during periods of divided government). Fourth, roll rates for government parties sky- rocket when they fall into the opposition and roll rates for opposition parties plummet when they enter government, while …

Making Meaning Of Megan’S Law, Rose Corrigan

Rose Corrigan

This study of Megan's Law contrasts scholarly narratives that describe and analyze sexual predator laws with a case study of implementation in New Jersey. A critical feminist perspective shows that Megan's Law employs a radically underinclusive notion of sexual violence that conflicts sharply with feminist arguments about the cultural and institutional roots of sexual violence. The law excludes many of the most common offenders from reach of the law, thus deflecting attention away from assaults committed by family and friends in favor of reviving stereotypes about deviant strangers. The most significant effect of Megan's Law is not to expand the …

Adf Training In Australia's Maritime Environment, Chris Rahman, Robert J. Davitt

Chris Rahman

No abstract provided.

Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle

Josh Eagle

The U.S. Commission on Ocean Policy and the Pew Oceans Commission reports contain a range of suggestions aimed at legislatively or administratively improving current ocean management structures. In this paper, I critique one of the major recommendations common to both reports, that is, the call for “regional ocean governance.” Although each commission’s plan for implementing a regional approach is different, their rationales and design concepts are quite similar: After explaining that present institutions are too narrow in their geographic and substantive scope, the reports go on to advocate for the establishment of larger scale, more “comprehensive” management bodies. I argue …

Parlamentarismus In Der Internationalen Politik, Beat Habegger

Beat Habegger

No abstract provided.

Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A. Introdução I. Da Lei à Doutrina II. Da Pessoa III. Do Personalismo B. Delimitação IV. Aspectos Objectivos da Personalidade V. Subjectividade e Personalidade VI. Etapas e Âmbito da Personalidade VII. Fundamento do Direito de Personalidade VIII. Direitos de Personalidade e Direitos Fundamentais C. Conclusão IX. Desafios Metodológicos aos Direitos de Personalidade

Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Many readings have been proposed of the Politeia. We propose here a brief reflection of the intertextual type, not upon the theme or main themes of this work, but more precisely in search of aspects that also seem to have acquired a posterity (or at any rate a universality that allows for the detection of coincidences). It is not merely that Plato’s great utopian ideas have found an echo in later authors, as one the most important of western politico-philosophical canons. It is also that some topics and arguments that appear through this richly magnificent dialogue seem to have had …

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …

The Blogosphere And The New Pamphleteers, Donald J. Kochan

Donald J. Kochan

The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …

A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias

Shoaib A. Ghias

Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …