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Articles 1 - 23 of 23
Full-Text Articles in Law
Winking At Jubelirer’S Maneuvers, Bruce Ledewitz
Winking At Jubelirer’S Maneuvers, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
Law and Contemporary Problems
A major reason that many people are intensely interested in who sits on the Supreme Court is that legal decisions can have great influence on the effectuation or frustration of political objectives. Clayton does not view the trend toward the "judicialization" of politics as necessarily antithetical to democratic values because Court decisions are within the mainstream of contemporary political values and electoral preferences.
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Law and Contemporary Problems
Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Law and Contemporary Problems
Deliberative democracy is one of the most discussed contemporary political theories. Schroeder argues that its central claim can be understood as the claim that politics needs to become more like law. While specific recommendations to make specific decision processes more deliberative are fair, the attempt to efface the distinctively non-lawlike attributes of politics entirely cannot withstand scrutiny.
Judicializing Politics, Politicizing Law, John Ferejohn
Judicializing Politics, Politicizing Law, John Ferejohn
Law and Contemporary Problems
Since WWII there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. It is no surprise that appointments to both the US Supreme Court and to other federal courts have become partisan political issues. Ferejohn argues that what is at stake, institutionally, is the allocation of legislative power--the power to establish general rules of prospective application.
Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia
Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia
Law and Contemporary Problems
Lupia argues that the suggestions of those who advocate deliberative democracy to incorporate more and more law-like precepts into politics will not achieve the ultimate ambition of deliberative theory, which is to have the resolution of disputes turn on nothing but the force of the better argument. Lupia discusses mechanisms to build civic competence by creating conditions in which the better argument has an improved change of winning the battle.
Bush V. Gore And The French Revolution: A Tentative List Of Some Early Lessons, Sanford Levinson
Bush V. Gore And The French Revolution: A Tentative List Of Some Early Lessons, Sanford Levinson
Law and Contemporary Problems
Levinson examines the Supreme Court's decision in "Bush v. Gore" as an entry-point into understanding American constitutional culture. "Law," as people ordinarily think of it, may be much less important than people might believe (or hope) with regard to controlling politics. But "law" in another way may have Americans gripped within a constitutional iron cage that makes it next to impossible to engage in a cogent discussion of what might ail contemporary American polity and, concomitantly, what might be needed by way of reforms.
Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie
Government Officials As Attorneys And Clients: Why Privilege The Privileged?, Melanie B. Leslie
Articles
No abstract provided.
Religion, Politics, And The 2000 Presidential Election: A Selective Survey And Tentative Appraisal, Daniel O. Conkle
Religion, Politics, And The 2000 Presidential Election: A Selective Survey And Tentative Appraisal, Daniel O. Conkle
Indiana Law Journal
Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.
Introduction To Law, Morality, And Popular Culture In The Public Sphere Symposium, Lauren K. Robel
Introduction To Law, Morality, And Popular Culture In The Public Sphere Symposium, Lauren K. Robel
Indiana Law Journal
Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.
Calculating Compassion, Kathleen Woodward
Calculating Compassion, Kathleen Woodward
Indiana Law Journal
Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.
Law Meets Food: Breakfast At Hilary's, Fedwa Malti-Douglas
Law Meets Food: Breakfast At Hilary's, Fedwa Malti-Douglas
Indiana Law Journal
Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.
Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams
Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams
Indiana Law Journal
Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.
Jubelirer’S Jubilee, Bruce Ledewitz
Jubelirer’S Jubilee, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz
The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Straw Polls, Daniel B. Rodriguez
Straw Polls, Daniel B. Rodriguez
University of San Diego Public Law and Legal Theory Research Paper Series
A key measure of the democratic quality of a political community is how its members vote. The design and implementation of voting arrangements can illuminate the nature, purposes, and even potential of a community of citizens. Voting is, at the very least, used to sort out and implement preferences. Voting processes help in sorting out winners from losers and thereby provide a presumptively fair method for the implementation of public policy. At the same time, voting in a democratic policy is a coercive act. Voters are not merely expressing preferences; they are acting in order to transform their preferences into …
Social Cubism: A Comprehensive Look At The Causes Of Conflict In Sri Lanka, S. I. Keethaponcalan
Social Cubism: A Comprehensive Look At The Causes Of Conflict In Sri Lanka, S. I. Keethaponcalan
ILSA Journal of International & Comparative Law
The conflict between the ethnic Sinhalese and the Tamils in Sri Lanka is one of the prominent ethnic problems in the world today.
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
The Sexual Regulation Dimension Of Contemporary Welfare Law: A Fifty State Overview, Anna Marie Smith
Michigan Journal of Gender & Law
In this article, Smith will attempt to demonstrate that welfare policy has become a prominent site of sexual regulation; that the rights of poor single mothers are at stake in this respect; and that given the precise structure of contemporary American welfare reform, we must pay especially close attention to the laws and regulations adopted at the state level. First, Smith will place contemporary sexual regulation-oriented welfare law in an historical context by considering its precedents in English and American public policy traditions (Part I). Using original qualitative analyses of the states' statutory codes and administrative regulations, Smith will then …
Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle
Conceptions Of Lawyers' Agency In Legal Ethics Scholarship, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Supreme Court Selection As War, Michael J. Gerhardt
Supreme Court Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Is "In The Interests Of Justice" In The Interests Of Lawyers? A Question Of Power And Politics, Carroll Seron
Is "In The Interests Of Justice" In The Interests Of Lawyers? A Question Of Power And Politics, Carroll Seron
Fordham Law Review
No abstract provided.
The New Thought Police: Inside The Left’S Assault On Free Speech And Free Minds (Book Review), John W. Teeter Jr
The New Thought Police: Inside The Left’S Assault On Free Speech And Free Minds (Book Review), John W. Teeter Jr
Faculty Articles
Attacks on political correctness have grown both plentiful and rather tiresome. Such tomes occasionally score valid ideological points, but one grows weary of the bitter repetitiveness of it all. The New Thought Police might seem to offer a little novelty to the litany. Bruce is undeniably bright, impassioned, and edgy. Her book, however, is decidedly a mixed bag. The best parts center on her controversial role as a feminist spokeswoman during the O.J. Simpson murder trial. Bruce cogently emphasized that the case was a tragic paradigm of domestic violence rather than a racist conspiracy against a black cultural icon.
Bruce’s …
Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg
Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg
Fordham Urban Law Journal
This Article explores the authors views on the place of religious debate concerning scientific issues. It outlines the author's concerns with religion becoming overshadowed by science, even within relgious communities, and his ideas on how religion may be brought to the forefront.