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Articles 31 - 60 of 138
Full-Text Articles in Law
Governing For The Corporations: History And Analysis Of U.S. Promotion Of Foreign Investment, Michael R. Miller
Governing For The Corporations: History And Analysis Of U.S. Promotion Of Foreign Investment, Michael R. Miller
Michael R Miller
This paper explores and analyzes U.S. government support for foreign investors, especially major oil companies.
Throughout the 20th Century the US government has repeatedly used its international political influence to benefit US corporate activities abroad. The US government and others assumed initially that this was in the larger interests of the United States because US companies would represent and promote the United States’ policy agenda.
However, US corporate activities abroad over the last century seem to indicate this assumption was flawed. In numerous examples, US corporations have either ignored or thwarted the stated interests of the US government. At first …
The Ciudades Modelo Project: Testing The Legality Of Paul Romer’S Charter Cities Concept By Analyzing The Constitutionality Of The Honduran Zones For Employment And Economic Development, Michael R. Miller
Michael R Miller
Over the last several years, the Honduran government has been aggressively advancing a "model cities" project that it argues will provide options for its citizens to escape the extreme violence in their country without migrating to the U.S. The model cities, which are formally called "Zones for Employment and Economic Development" ("ZEDEs"), are purported to be autonomously governed areas that will attract foreign investment and compete for residents by establishing safer communities and better managed institutions governed by the rule of law.
The ZEDEs trace their origin to a concept formulated by development economist Paul Romer, who proposed the idea …
September 14, 2014: Chasing Moderates In Syria, Bruce Ledewitz
September 14, 2014: Chasing Moderates In Syria, Bruce Ledewitz
Hallowed Secularism
Blog post, “Chasing Moderates in Syria“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Legal And Institutional Remedies For Middle East States Wishing To Develop And Increase Foreign Direct Investment, Griffin Weaver
Legal And Institutional Remedies For Middle East States Wishing To Develop And Increase Foreign Direct Investment, Griffin Weaver
Griffin Weaver
The cost to overhaul a legal system is astronomical. For example, before and after the fall of the Soviet Union in the 1980’s several states received billions of dollars in loans to help change their “legal systems” and make them more western friendly. A couple of these states were West Germany and Japan, which received roughly 1.5 billion and 2.4 billion USD in loans. Considering most of this money was given in the 1950’s, the value today is probably three times or more those amounts. Without this aid both states would have been unable to make the changes to their …
Criminalizing Politics, Jeffrey Bellin
The Triumph Of The Hindu Right, Ananya Vajpeyi
Interpreting, Stephanie Jo Kent
Interpreting, Stephanie Jo Kent
Doctoral Dissertations
What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …
August 28, 2014: Constitutional Passivity, Bruce Ledewitz
August 28, 2014: Constitutional Passivity, Bruce Ledewitz
Hallowed Secularism
Blog post, “Constitutional Passivity“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 23, 2014: How To Teach Constitutional Law Now, Bruce Ledewitz
August 23, 2014: How To Teach Constitutional Law Now, Bruce Ledewitz
Hallowed Secularism
Blog post, “How to Teach Constitutional Law Now“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle
On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle
Michael Dowdle
This article argues that competition law is best seen as a form of public law – ‘the law that governs the governing of the state – and not as simply a form of private market regulation. It uses the experiences of ‘Asian capitalism’ to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this variegated character demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the …
The Origins Of Affirmative Fiscal Action, Mirit Eyal-Cohen
The Origins Of Affirmative Fiscal Action, Mirit Eyal-Cohen
Mirit Eyal-Cohen
This article highlights an anomaly. It shows that two tax rules aimed to achieve a similar goal were introduced at the same time. Both meant to be temporary and bring economic stimuli, but received a dramatically different treatment. The less efficient or economically inferior survived. Its superior counterpart did not. The article reviews the reasons for this paradox. It shows that the reason is both political and an agency problem. The article not only enriches an important and ongoing debate that has received much attention in recent years, but also provides important lessons to policymakers.
After Shelby County: Getting Section 2 Of The Vra To Do The Work Of Section 5, Christopher Elmendorf, Douglas Spencer
After Shelby County: Getting Section 2 Of The Vra To Do The Work Of Section 5, Christopher Elmendorf, Douglas Spencer
Christopher S. Elmendorf
Until the Supreme Court put an end to it in Shelby County v. Holder, Section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, Section 2, is generally seen as expensive, cumbersome and almost wholly ineffective at blocking changes before they take effect. This paper argues that the courts, in partnership with the Department of Justice, could reform Section 2 so that it fills much of the gap left by the Supreme Court’s evisceration of Section …
Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal
Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal
Yugank Goyal
Developing countries suffer from underperforming regulatory agencies compared to those in the developed world. The paper attempts to theorize general reasons behind such divergence. It argues that the differences lie in developing countries’ (a) higher priorities for redistribution, (b) structurally different institutional endowments, especially at informal level, and (c) limited informational channels. The paper proposes that a multi-stakeholder (with increased emphasis on judiciary and civil society) approach has potential to address the shortcomings. It tests these claims through studying cases of telecom and electricity regulation in India.
The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu
The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu
Shi-Ling Hsu
Thomas Piketty's Capital in the Twenty-first Century, which is surely one of the very few economics treatises ever to be a best-seller, has parachuted into an intensely emotional and deeply divisive American debate: the problem of inequality in the United States. Piketty's core argument is that throughout history, the rate of return on private capital has usually exceeded the rate of economic growth, expressed by Piketty as the relation r > g. If true, this relation means that the wealthy class – who are the predominant owners of capital – will grow their wealth faster than economies grow, which …
After Shelby County: Getting Section 2 Of The Vra To Do The Work Of Section 5, Christopher S. Elmendorf, Douglas M. Spencer
After Shelby County: Getting Section 2 Of The Vra To Do The Work Of Section 5, Christopher S. Elmendorf, Douglas M. Spencer
Christopher S. Elmendorf
Until the Supreme Court put an end to it in Shelby County v. Holder, Section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, Section 2, is generally seen as expensive, cumbersome and almost wholly ineffective at blocking changes before they take effect. This paper argues that the courts, in partnership with the Department of Justice, could reform Section 2 so that it fills much of the gap left by the Supreme Court’s evisceration of Section …
August 6, 2014: Really Good News In Gaza, Bruce Ledewitz
August 6, 2014: Really Good News In Gaza, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Really Good News in Gaza“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Is Congress Now The Broken Branch?, Barbara Sinclair
Is Congress Now The Broken Branch?, Barbara Sinclair
Utah Law Review
The Broken Branch: How Congress is Failing America and How to Get It Back on Track by Tom Mann and Norm Ornstein was published in 2006. To be sure, criticism of Congress is a staple of American political discourse—the content varies, but the criticism is ubiquitous. Nevertheless, the volume of criticism has ramped up in the past decade or so, and the fact that two highly respected congressional scholars, Thomas Mann and Norman Ornstein—who are also Washington insiders and known to be sympathetic to Congress—have joined in the criticism needs to be taken seriously.
July 17, 2014: A Good Letter On Discrimination, Bruce Ledewitz
July 17, 2014: A Good Letter On Discrimination, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Good Letter on Discrimination“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler
But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler
David D. Butler
Racial & Sexual Quota Schemes meet or equal every constitutionial forbidden practice ennumerated in the bar against government's use of bills of attainder or bills of pains and penalities.
July 10, 2014: The Basic Orientation Of Secular Society To Religious Exemptions, Bruce Ledewitz
July 10, 2014: The Basic Orientation Of Secular Society To Religious Exemptions, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Basic Orientation of Secular Society to Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
July 4, 2014: Hobby Lobby, Next Stop, Bruce Ledewitz
July 4, 2014: Hobby Lobby, Next Stop, Bruce Ledewitz
Hallowed Secularism
Blog post, “ Hobby Lobby, Next Stop“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay
An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay
Saptarishi Bandopadhyay
In this paper, I offer an alternative reading of precaution with the hope of recovering the capacity of this ethic to facilitate legal and political decisions. Despite being a popular instrument of international environmental governance, decision-makers continue to understand this principle as reflecting an immemorial and natural instinct for preserving the environment in cases of scientific uncertainty. Such a reading, however, ignores the history and moral basis underlying this principle and thereby renders it obvious, and automatically adaptable to the politics of Sustainable Development. By offering a thicker history of precautionary governance at exemplary moments of ecological crisis I trace …
July 1, 2014: Another Reason To Hate Religion, Bruce Ledewitz
July 1, 2014: Another Reason To Hate Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Another Reason to Hate Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders
Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders
Articles by Maurer Faculty
No abstract provided.
The Continuing Battle Of Fda Regulation Of Dietary Supplements And Their Adverse Affect On Young Adults And Other Individuals, Andrew Bernard Jaffe
The Continuing Battle Of Fda Regulation Of Dietary Supplements And Their Adverse Affect On Young Adults And Other Individuals, Andrew Bernard Jaffe
Andrew Bernard Jaffe
THE CONTINUING BATTLE OF FDA REGULATION OF DIETARY SUPPLEMENTS AND THEIR ADVERSE AFFECT ON YOUNG ADULTS AND OTHER INDIVIDUALS
Abstract
Ever since the enactment of the Dietary Supplement Health and Education Act of 1994 (DSHEA) the Food and Drug Administration (FDA) has struggled to regulate dietary supplements. This is due to the definition of dietary supplements as foods in the act. This gives supplement manufacturers greater loopholes when introducing supplements on the market. The FDA’s inability to regulate dietary supplements efficiently has been present for decades. Multiple battles are still occurring today which is proven to have an adverse effect …
Political Campaigning By Churches And Charities: Hazardous For 501(C)(3)S, Dangerous For Democracy, Donald B. Tobin
Political Campaigning By Churches And Charities: Hazardous For 501(C)(3)S, Dangerous For Democracy, Donald B. Tobin
Donald B. Tobin
Nonprofit section 501(c)(3) organizations are prohibited from participating or intervening in an election on behalf of a candidate for public office. Despite this prohibition, 501(c)(3) tax-exempt organizations have become increasingly active in political campaigns. Many organizations are either ignoring the political campaign ban or are using "issue discussion" or "lobbying" as a means of promoting candidates and testing the limits of the prohibition. Current scholarship surrounding the political campaign ban argues that the ban is either unconstitutional or inappropriate as a matter of public policy. This article argues that the ban is both meritorious and constitutional. It argues that taxpayer …
Natural Law, Natural Rights, And Same Sex Marriage, Shannon Holzer
Natural Law, Natural Rights, And Same Sex Marriage, Shannon Holzer
Shannon Holzer
ABSTRACT The Definition of Rights and Same-Sex Marriage The claim that same-sex couples have the right to be married needs to be explained according to particular theories of rights. This presents a problem for same-sex marriage (SSM) advocates for two reasons. First, if SSM advocates suggest that they have a natural right to be married (as rights were understood by Thomas Jefferson in the Declaration of Independence), then they have the burden to prove that this is the case. Yet, Natural Rights entail Natural Law (NL), and NL tends to support teleological definitions of marriage. Thus, the SSM advocate must …
Freedom Of Speech & Election Day At The Polls: Thou Doth Protest Too Much, James J. Woodruff Ii
Freedom Of Speech & Election Day At The Polls: Thou Doth Protest Too Much, James J. Woodruff Ii
James J. Woodruff II
This Article seeks to answer the following question: What are the actual limits the government can place on political speech at and around the polling place? In examining this question, this Article argues that some of the current limitations placed on polling-place activities are unconstitutional. Specifically, this Article focuses on the wearing of political slogans and images within the polling room and campaign-free zone and the placement of campaign signs within the campaign-free zone.
Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor
Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor
raphael cohen-almagor
This essay argues that mixing religion in politics is problematic. It becomes destructive when the religion is unyielding and coercive. Whenever religious powers are on the rise, the foundations of liberal democracy are shaken and its protective mechanisms are regressing. Indeed, in Israel egalitarianism is still in the making. Orthodox Judaism and liberal democracy are in conflict. The rise of one comes at the expense of the other in a situation where religion does not encompass the concept of freedom from religion. This essay further argues that Palestinians and Israelis are entitled to the same rights and liberties. Accommodations and …
Adam Smith's Lectures On Jurisprudence-Justice, Law, And The Moral Economy, Walter J. Kendall Lll
Adam Smith's Lectures On Jurisprudence-Justice, Law, And The Moral Economy, Walter J. Kendall Lll
Walter J. Kendall lll
Adam Smith, a leading thinker of the British Enlightenment, is universally known as the author of the Wealth of Nations and an economic theorist. He is less well known as the author of a Theory of Moral Sentiments and an ethicist. And known almost not at all for his Lectures on Jurisprudence or as a legal theorist. This essay looks at Smith’s thought through the lens of his Lectures on Jurisprudence. It highlights the almost paradoxical positions Smith had on self-interest, markets, government, and economic expansion. Obscured by his reputation and these paradoxes are his views on justice, equality, and …