Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (8)
- Constitutional Law (6)
- Civil Law (5)
- Political Science (5)
- Social and Behavioral Sciences (5)
-
- International Relations (3)
- Courts (2)
- International Trade Law (2)
- Judges (2)
- Political Theory (2)
- State and Local Government Law (2)
- Accounting Law (1)
- African History (1)
- African Studies (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Comparative and Foreign Law (1)
- Economic Policy (1)
- Economics (1)
- Election Law (1)
- History (1)
- International Economics (1)
- International Humanitarian Law (1)
- International and Area Studies (1)
- Law and Economics (1)
- Law and Politics (1)
- Legislation (1)
- Litigation (1)
- Political Economy (1)
- Institution
-
- Maurer School of Law: Indiana University (6)
- Osgoode Hall Law School of York University (3)
- University of Denver (3)
- Vanderbilt University Law School (3)
- Schulich School of Law, Dalhousie University (2)
-
- University of the District of Columbia School of Law (2)
- Chicago-Kent College of Law (1)
- Cornell University Law School (1)
- Duke Law (1)
- Fordham Law School (1)
- Saint Louis University School of Law (1)
- The University of San Francisco (1)
- University of Miami Law School (1)
- University of Richmond (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Publication
-
- Indiana Journal of Global Legal Studies (6)
- Human Rights & Human Welfare (3)
- Osgoode Hall Law Journal (3)
- Dalhousie Law Journal (2)
- University of the District of Columbia Law Review (2)
-
- Vanderbilt Journal of Transnational Law (2)
- Chicago-Kent Law Review (1)
- Cornell Journal of Law and Public Policy (1)
- Fordham Urban Law Journal (1)
- Law and Contemporary Problems (1)
- Saint Louis University Public Law Review (1)
- University of Miami Law Review (1)
- University of Richmond Law Review (1)
- University of San Francisco Law Review (1)
- Vanderbilt Law Review (1)
- West Virginia Law Review (1)
- William & Mary Law Review (1)
Articles 1 - 29 of 29
Full-Text Articles in Law
Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May
Prologue To District Of Columbia Democracy And The Third Branch Of Government, John W. Nields, Timothy J. May
University of the District of Columbia Law Review
Why does the President of the United States appoint the judges of the District of Columbia's local court system? Why is the District of Columbia's local court system funded and overseen by the United States Congress? Why does the United States Attorney for the District of Columbia and not the Attorney General for the District of Columbia function as a local prosecutor, prosecuting most D.C. Code crimes in the District of Columbia's courts? The four essays which follow this introduction explore the rich history behind these unusual structural features of the District of Columbia government; they present the arguments for …
Comments On Who Appoints D.C. Judges, Daniel A. Rezneck
Comments On Who Appoints D.C. Judges, Daniel A. Rezneck
University of the District of Columbia Law Review
No abstract provided.
Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin
Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin
Chicago-Kent Law Review
The proper role of courts engenders significant debate. Yet, what seems better settled is the principle that courts are the place at which the common law is developed. Its genesis and modifications evolve out of the juridical process and when that process becomes encumbered or deferred to the legislature the role of the judiciary is called into question. This essay makes the case that expressive minimalism too often governs the common law judicial approach to biotechnology. The cases visited in this domain test our capacity to understand whether life is appropriately described as being beyond the definition of property, as …
Something To Talk About: Is There A Charter Right To Access Government Information?, Vincent Kazmierski
Something To Talk About: Is There A Charter Right To Access Government Information?, Vincent Kazmierski
Dalhousie Law Journal
Can sections 2(b) and 3 of the Canadian Charter of Rights and Freedoms be interpreted to protect a constitutional right of access to government information? The author argues that the constitutional principle of democracy provides a foundation for judicial recognition of such a constitutional right of access even though the inclusion ofan explicit right to access to government information was rejected during the process of drafting the Charter Given that the Supreme Court of Canada's section 2(b) and 3 jurisprudence has been informed by the principle of democracy, the application of the principle may now guide the Court to include …
Constitutionalism And Democracy: An Essay In Honor Of Stanley N. Katz, Irwin P. Stotzky
Constitutionalism And Democracy: An Essay In Honor Of Stanley N. Katz, Irwin P. Stotzky
University of Miami Law Review
No abstract provided.
Modern Constitutional Democracy And Imperialism, James Tully
Modern Constitutional Democracy And Imperialism, James Tully
Osgoode Hall Law Journal
To what extent is the development of modern constitutional democracy as a state form in the West and its spread around the world implicated in western imperialism? This has been a leading question of legal scholarship over the last thirty years. James Tully draws on this scholarship to present a preliminary answer. Part I sets out seven central features of modern constitutional democracy and its corresponding international institutions of law and government. Part II sets out three major imperial roles that these legal and political institutions have played, and continue to play. And finally, Part III surveys ways in which …
The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan
The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan
Osgoode Hall Law Journal
This commentary draws out and elaborates upon some of the more challenging aspects of Professor Tully's sophisticated taxonomy of the relationship between modern constitutional forms and constituent powers. Tully's article reveals the historical particularities of these formations, and at the same time encourages the reader to think beyond them, towards the potentially uncategorizable realm of democratic constitutionalism. Yet, how is it possible to use a taxonomy of modern constitutional democracy as a means of understanding what ties in the uncharted territory beyond? This commentary further explores to what extent this paradoxical modern configuration of constituent powers and constitutional forms may …
"Other Worlds Are Actual": Tully On The Imperial Roles Of Modern Constitutional Democracy, Michael Simpson
"Other Worlds Are Actual": Tully On The Imperial Roles Of Modern Constitutional Democracy, Michael Simpson
Osgoode Hall Law Journal
The globalization of modern legal and economic practices has not ushered in a state of perpetual peace as Kantians have famously predicted. Rather, it has reinforced the perpetual crises and violence that is today's realm of the political. This article examines James Tully's claim that the formalization of diverse legal traditions into the modular confines of modern constitutions, as nation-states and international taw, is a project of today's imperial hegemony. The global imperialism of modern constitutionalism is one that suppresses the vast multiplicity of existing legal pluralities and, consequently, fuels war and aggression, not perpetual peace. Tully's important analysis of …
Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles
Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles
University of Richmond Law Review
No abstract provided.
Democracy And Opportunity: A New Paradigm In Tax Equity, James R. Repetti
Democracy And Opportunity: A New Paradigm In Tax Equity, James R. Repetti
Vanderbilt Law Review
Academics and policymakers pay little attention to the interaction of a tax system with the objectives of a just government. For example, in the debate about whether the United States should retain an income tax or adopt a consumption tax, most discussions focus on the relative efficiency and equity of the taxes. Proponents of a consumption tax worry that an income tax is inefficient because it burdens investment income. Advocates of an income tax fear that a consumption tax is not equitable because low-income taxpayers consume a greater percentage of their income than wealthy taxpayers. These concerns date at least …
Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson
Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson
Law and Contemporary Problems
US President George W. Bush used force to bring the Taliban to its knees and create a fledgling democracy in Afghanistan, then invaded Iraq with the end goal of establishing a democracy there, as well. Meanwhile, presidential hopeful Barack Obama praised those who built democracy's arsenal to vanquish fascism, and who then built a series of alliances and a world order that would ultimately defeat communism, seeming to extol and vindicate the previous US efforts to impose democracy by force. These two leaders' struggles to nail down a definitive answer on whether force should ever be used to impose democracy …
Taking State Constitution Seriously, Marvin Krislov, Daniel M. Katz
Taking State Constitution Seriously, Marvin Krislov, Daniel M. Katz
Cornell Journal of Law and Public Policy
No abstract provided.
Counterconstitutionalism, Richard Albert
Counterconstitutionalism, Richard Albert
Dalhousie Law Journal
Democratic constitutionalism has often erected a high barrierseparating the citizen from the state. This is paradoxical because the very promise of constitutionalism is to produce precisely the opposite result: to bind the citizen to the state, and to create and cultivate a constitutional culture that is anchored in participatory democracy. The author has a name for this paradoxical state of affairs: counterconstitutionalism. In this article, the author introduces and illustrates the conceptof counterconstitutionalism with reference to billsof rights in constitutional states representing civil and common law traditions on four continents.
Waving Hello To Democratic Renewal, Christine Bell
Waving Hello To Democratic Renewal, Christine Bell
Human Rights & Human Welfare
Khanna’s argument is simple. American hegemony and the unipolar world have collapsed—without America noticing. The new world is tri-polar. America must compete with Europe’s soft power influence, and China’s economic power influence. The new global game for the “second world” (Turkey, South America, the former USSR “Stans”) is to play all three superpowers against each other, while pretending to be the friends of all.
The Theocratic Challenge To Constitution Drafting In Post-Conflict States, Ran Hirschl
The Theocratic Challenge To Constitution Drafting In Post-Conflict States, Ran Hirschl
William & Mary Law Review
No abstract provided.
Moving Beyond Markets And Minimalism: Democracy In The Era Of Globalization, Richard Burchill
Moving Beyond Markets And Minimalism: Democracy In The Era Of Globalization, Richard Burchill
Human Rights & Human Welfare
A review of:
Democracy as Human Rights: Freedom and Equality in the Age of Globalization by Michael Goodhart. London: Routledge, 2005.
Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer
Democracy And Tort Law In America: The Counter-Revolution, Christopher J. Roederer
West Virginia Law Review
No abstract provided.
Democracy And The Secretary: The Crucial Role Of State Election Administrators In Promoting Accuracy And Access To Democracy, Jocelyn Friedrichs Benson
Democracy And The Secretary: The Crucial Role Of State Election Administrators In Promoting Accuracy And Access To Democracy, Jocelyn Friedrichs Benson
Saint Louis University Public Law Review
No abstract provided.
The Link Between Carolene Products And Griswold: How The Right To Privacy Protects Popular Practices From Democratic Failures, Alan James Kluegel
The Link Between Carolene Products And Griswold: How The Right To Privacy Protects Popular Practices From Democratic Failures, Alan James Kluegel
University of San Francisco Law Review
This Article proposes that there is, in fact, a constitutional doctrine that protects at least some of these anonymous and diffuse interests-the constitutional right to privacy.
Authorizing Subnational Constitutions In Transitional Federal States, Jonathan L. Marshfield
Authorizing Subnational Constitutions In Transitional Federal States, Jonathan L. Marshfield
Vanderbilt Journal of Transnational Law
Not all federal systems permit their constituent units to adopt constitutions. This Article considers whether, and under what circumstances, subnational constitutions tend to contribute to the volatility or stability of their respective federal systems. By examining the role that subnational constitutions played in South Africa's celebrated democratization, this Article observes that a transitional federal state can increase its flexibility and adaptability by merely authorizing subnational constitutions. The Article concludes that federal systems, particularly those undergoing fundamental change, can be better equipped to manage regime-threatening conflicts and perpetuate a democratic political culture if they permit constituent units to adopt constitutions.
Introduction: Democracy And The Transnational Private Sector, Christiana Ochoa
Introduction: Democracy And The Transnational Private Sector, Christiana Ochoa
Indiana Journal of Global Legal Studies
Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law-Bloomington, April 12-13, 2007
Bottom-Up Lawmaking: The Private Origins Of Transnational Law, Janet Koven Levit
Bottom-Up Lawmaking: The Private Origins Of Transnational Law, Janet Koven Levit
Indiana Journal of Global Legal Studies
This article introduces one way in which the private sector makes law- bottom-up transnational lawmaking. While this article explores one example in depth- the Berne Union's regulation of export credit insurance- it concludes that bottom-up lawmaking peppers our legal landscape in a profound and largely unacknowledged way. More specifically, this article discusses how the private sector engages in international lawmaking and contemplates the normative implications of privatized transnational lawmaking.
Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.
Global Panopticism: States, Corporations, And The Governance Effects Of Monitoring Regimes, Larry Catá Backer
Global Panopticism: States, Corporations, And The Governance Effects Of Monitoring Regimes, Larry Catá Backer
Indiana Journal of Global Legal Studies
Regulatory power has become fractured. Its assertion both by public and private bodies is well known. Less well recognized is that the expression of this regulatory power has been fracturing as well. No longer confined to positive regulation or judicial decision, the techniques for enforcing regulation are substituting for regulation itself. This paper examines surveillance as a mechanism through which power is asserted and regulation effected in a world of shared public/private governance. For this purpose, understanding the nature of surveillance as a technique of governance, and as a substitute for governance itself, is a key element for understanding political …
Democratization: The Contribution Of Fair Trade And Ethical Trading Movements, Janet Dine
Democratization: The Contribution Of Fair Trade And Ethical Trading Movements, Janet Dine
Indiana Journal of Global Legal Studies
De-democratization and institutional corruption threaten equality among the expanding global market community. International treaties have been largely unsuccessful because they are designed to favor the more politically and economically advantaged players. In addition to meeting these challenges, there are many additional benefits to be gained from adopting the principles of the Fair Trade and Ethical Trading movements. Finally, international law has an obligation to integrate the principles of social and ethical trading movements to prevent the autonomous powers and transnational corporations from dominating the traditional, less powerful markets and so that welfare increases for all.
Democracy and the Transnational Private …
Reconstructing Contemporary Democracy, Jan Aart Scholte
Reconstructing Contemporary Democracy, Jan Aart Scholte
Indiana Journal of Global Legal Studies
Democratic practice varies historically, and transformations of the societal context require accompanying reconstructions of democracy if "rule by the people" is to remain meaningful. Contemporary society is witnessing particularly profound changes in underlying structures of space, governance, and identity. Fundamental reconsideration of democracy is therefore also needed. This article first develops a generic understanding of democracy; next elaborates on currently unfolding transformations of geography, regime, and community; and then develops a five-faceted reconstruction of democracy to meet these changed circumstances. This prescription entails: (1) reconceptualizing democracy, shifting away from obsolete assumptions of territorialists pace, statist regulation, and nationalist identity; (2) …
What Happened To Africa?, J. Peter Pham
What Happened To Africa?, J. Peter Pham
Human Rights & Human Welfare
A review of:
The Fate of Africa: From the Hopes of Freedom to the Heart of Despair—A History of Fifty Years of Independence by Martin Meredith. New York: Public Affairs, 2006. 752 pp.
Recapturing Public Power: Is Investment Arbitration's Engagement Of The Public Interest Contributing To The Democratic Deficit?, Barnali Choudhury
Recapturing Public Power: Is Investment Arbitration's Engagement Of The Public Interest Contributing To The Democratic Deficit?, Barnali Choudhury
Vanderbilt Journal of Transnational Law
Globalization has changed the way sovereign states regulate their societies. The effect of globalization has been the creation of several international agreements that transfer decision-making from the national to the international level. An important subset of these agreements is international investment treaties; an estimated 2,500 of these treaties have been entered into worldwide by a number of states, especially in the last ten to twelve years. As these agreements almost always contain arbitration clauses, the number and scope of arbitrations handling disputes under these investment agreements have grown exponentially. Arbitrators governing these disputes are now regularly reviewing domestic public interest …
The Relationship Of Participatory Democracy To Participatory Law Formation, Christiana Ochoa
The Relationship Of Participatory Democracy To Participatory Law Formation, Christiana Ochoa
Indiana Journal of Global Legal Studies
While the traditional doctrinal formulation of customary international law (CIL) has focused exclusively on state practice and opinio juris, in the modern age, it is undeniable that individuals and non-state collectives of individuals are increasingly becoming relevant to this process. It is thus useful to analyze individual participation based on the model of participatory democracy, and also in contrast to representative democracy. By doing so, the nuanced relationship between participatory law formation and democratic participation in lawmaking is brought into relief.I n light of larger modern trends within international law, the participation of individuals in law formation requires further examination …
Keynote Address: Consensus Building, Public Dispute Resolution, And Social Justice, Lawrence E. Susskind
Keynote Address: Consensus Building, Public Dispute Resolution, And Social Justice, Lawrence E. Susskind
Fordham Urban Law Journal
These remarks were prepared for and delivered at the Second Annual Fordham University School of Law Dispute Resolution Society Symposium on October 12, 2007. The Address discusses how democracy, public dispute resolution, and social justice fit together. The speaker opens with an example of a small city making a decision about a large industrial development project from the perspective of a traditional model and a consensus-oriented model. He then addresses three major problems with the first: (i) the majority rule problem; (ii) the representation problem; and (iii) the adversarial format problem. The speaker goes on to advocate for the consensus-building …