Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (13)
- Columbia Law School (10)
- Roger Williams University (9)
- Duquesne University (8)
- Duke Law (6)
-
- New York Law School (5)
- University of Michigan Law School (5)
- Schulich School of Law, Dalhousie University (4)
- University of Pittsburgh School of Law (4)
- Fordham Law School (3)
- Georgetown University Law Center (3)
- Cornell University Law School (2)
- Texas A&M University School of Law (2)
- University of Colorado Law School (2)
- Brooklyn Law School (1)
- California Western School of Law (1)
- Cleveland State University (1)
- Georgia State University College of Law (1)
- Grand Valley State University (1)
- Illinois Math and Science Academy (1)
- Liberty University (1)
- Montclair State University (1)
- Notre Dame Law School (1)
- Pace University (1)
- Singapore Management University (1)
- Southern Methodist University (1)
- University at Buffalo School of Law (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- Keyword
-
- Democracy (14)
- Politics (14)
- Government (12)
- History (9)
- Law (9)
-
- Philosophy (9)
- Religion (8)
- Theology (8)
- United States (8)
- Constitutional law (6)
- First Amendment (5)
- Administrative law (4)
- Antitrust (4)
- Law and politics (4)
- Police (4)
- Columbia Law Review (3)
- Constitution (3)
- Corporations (3)
- Courts (3)
- Federalism (3)
- Judges (3)
- Jurisprudence (3)
- Justice (3)
- Legal history (3)
- Legislation (3)
- Partisanship (3)
- Political parties (3)
- President (3)
- Separation of powers (3)
- Supreme Court (3)
- Publication
-
- Faculty Scholarship (24)
- All Faculty Scholarship (12)
- Ledewitz Papers (8)
- Articles (7)
- Life of the Law School (1993- ) (7)
-
- Articles, Book Chapters, & Popular Press (4)
- Georgetown Law Faculty Publications and Other Works (3)
- Other Publications (3)
- Articles & Chapters (2)
- Cornell Law Faculty Publications (2)
- Journal Articles (2)
- Publications (2)
- Scholarly Works (2)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Publications By Year (1)
- Faculty Works (1)
- Honors Projects (1)
- Latino Public Policy (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarly Articles (1)
- Law Faculty Scholarship (1)
- Law School Blogs (1)
- Librarian Scholarship at Penn Law (1)
- Publications & Research (1)
- Research Collection Yong Pung How School Of Law (1)
- Reviews (1)
- Senior Honors Theses (1)
- Student Writing (1)
Articles 91 - 97 of 97
Full-Text Articles in Law
How Constitutional Norms Break Down, Josh Chafetz, David E. Pozen
How Constitutional Norms Break Down, Josh Chafetz, David E. Pozen
Faculty Scholarship
From the moment Donald Trump was elected president, critics have anguished over a breakdown in constitutional norms. History demonstrates, however, that constitutional norms are perpetually in flux. The principal source of instability is not that these unwritten rules can be destroyed by politicians who deny their legitimacy, their validity, or their value. Rather, the principal source of instability is that constitutional norms can be decomposed – dynamically interpreted and applied in ways that are held out as compliant but end up limiting their capacity to constrain the conduct of government officials.
This Article calls attention to that latent instability and, …
Transparency's Ideological Drift, David E. Pozen
Transparency's Ideological Drift, David E. Pozen
Faculty Scholarship
In the formative periods of American "open government" law, the idea of transparency was linked with progressive politics. Advocates of transparency understood themselves to be promoting values such as bureaucratic rationality, social justice, and trust in public institutions. Transparency was meant to make government stronger and more egalitarian. In the twenty-first century, transparency is doing different work. Although a wide range of actors appeal to transparency in a wide range of contexts, the dominant strain in the policy discourse emphasizes its capacity to check administrative abuse, enhance private choice, and reduce other forms of regulation. Transparency is meant to make …
Asymmetric Constitutional Hardball, Joseph Fishkin, David E. Pozen
Asymmetric Constitutional Hardball, Joseph Fishkin, David E. Pozen
Faculty Scholarship
Many have argued that the United States' two major political parties have experienced "asymmetric polarization" in recent decades: The Republican Party has moved significantly further to the right than the Democratic Party has moved to the left. The practice of constitutional hardball, this Essay argues, has followed a similar – and causally related – trajectory. Since at least the mid-1990s, Republican officeholders have been more likely than their Democratic counterparts to push the constitutional envelope, straining unwritten norms of governance or disrupting established constitutional understandings. Both sides have done these things. But contrary to the apparent assumption of some legal …
The Search For An Egalitarian First Amendment, Jeremy K. Kessler, David E. Pozen
The Search For An Egalitarian First Amendment, Jeremy K. Kessler, David E. Pozen
Faculty Scholarship
Over the past decade, the Roberts Court has handed down a series of rulings that demonstrate the degree to which the First Amendment can be used to thwart economic and social welfare regulation – generating widespread accusations that the Court has created a "new Lochner." This introduction to the Columbia Law Review's Symposium on Free Expression in an Age of Inequality takes up three questions raised by these developments: Why has First Amendment law become such a prominent site for struggles over socioeconomic inequality? Does the First Amendment tradition contain egalitarian elements that could be recovered? And what might a …
Economic Individualism And Preference Formation, Andrzej Rapaczynski
Economic Individualism And Preference Formation, Andrzej Rapaczynski
Faculty Scholarship
This note examines some issues involved in an attempt to go beyond the assumption, long-made by most economists, that people’s preferences are simply to be treated as “given” and that the principle of consumer sovereignty entails a refusal to consider some (or some people’s) revealed preferences as more authoritative than others. The most important break with that assumption has been the development of behavioral economics, which shows that people may not always know what they really want, and that economists have to develop a more critical approach, distinguishing people’s true preferences from those that are merely apparent. While this approach, …
The United States, Mexico, And The War On Drugs In The Trump Administration, James M. Cooper
The United States, Mexico, And The War On Drugs In The Trump Administration, James M. Cooper
Faculty Scholarship
This Article examines the war on drugs as persecuted by the United States and how it has been exported to Mexico. It also explores the increased efforts in the drugs war that the Trump administration, through the U.S. Department of Justice, is pursuing at a domestic level. Part I of this Article provides an outline of the dynamics in the quickly evolving and highly tense relationship between the United States and Mexico. Part II of this Article details the historical background of the U.S.-Mexico border region and demonstrates that the border has long been a contested site. Part III provides …
Beyond The Bosses' Constitution: The First Amendment And Class Entrenchment, Jedediah S. Purdy
Beyond The Bosses' Constitution: The First Amendment And Class Entrenchment, Jedediah S. Purdy
Faculty Scholarship
The Supreme Court’s “weaponized” First Amendment has been its strongest antiregulatory tool in recent decades, slashing campaign-finance regulation, public-sector union financing, and pharmaceutical regulation, and threatening a broader remit. Along with others, I have previously criticized these developments as a “new Lochnerism.” In this Essay, part of a Columbia Law Review Symposium, I press beyond these criticisms to diagnose the ideological outlook of these opinions and to propose an alternative. The leading decisions of the antiregulatory First Amendment often associate free speech with a vision of market efficiency; but, I argue, closer to their heart is antistatist fear of entrenchment …