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Full-Text Articles in Law

Freedom, Democracy, And The Right To Education, Derek W. Black Jan 2022

Freedom, Democracy, And The Right To Education, Derek W. Black

Faculty Publications

While litigation continues in an effort to establish a fundamental right to education under the U.S. Constitution, the full historical justification for this right remains missing—a fatal flaw for many jurists. This Article fills that gap, demonstrating that the central, yet entirely overlooked, justification for a federal right to education resides in America’s education story during the era of slavery and Reconstruction.

At that time, education was first and foremost about freedom. The South had criminalized education to maintain a racialized hierarchy that preserved slavery. Many African Americans, seeing education as the means to both mental and physical freedom, made …


Democracy, Deference, And Compromise: Understanding And Reforming Campaign Finance Jurisprudence, Scott P. Bloomberg Aug 2020

Democracy, Deference, And Compromise: Understanding And Reforming Campaign Finance Jurisprudence, Scott P. Bloomberg

Faculty Publications

In Citizens United, the Supreme Court interpreted the government’s interest in preventing corruption as being limited to preventing quid pro quo—cash-for-votes—corruption. This narrow interpretation drastically circumscribed legislatures’ abilities to regulate the financing of elections, in turn prompting scholars to propose a number of reforms for broadening the government interest in campaign finance cases. These reforms include urging the Court to recognize a new government interest such as political equality, to adopt a broader understanding of corruption, and to be more deferential to legislatures in defining corruption. Building upon that body of scholarship, this Article begins with a descriptive account of …


Decarbonization In Democracy, Shelley Welton Apr 2020

Decarbonization In Democracy, Shelley Welton

Faculty Publications

Conventional wisdom holds that democracy is structurally ill-equipped to confront climate change. As the story goes, because each of us tends to dismiss consequences that befall people in other places and in future times, “the people” cannot be trusted to craft adequate decarbonization policies, designed to reduce present-day, domestic carbon emissions. Accordingly, U.S. climate change policy has focused on technocratic fixes that operate predominantly through executive action to escape democratic politics — with vanishingly little to show for it after a change in presidential administration.

To help craft a more durable U.S. climate change strategy, this Article scrutinizes the purported …


Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies, Aparna Polavarapu Jan 2016

Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies, Aparna Polavarapu

Faculty Publications

Standing doctrine can play an outsized role in marginalized groups' ability to protect their constitutional rights. The cultural and political dynamics in developing countries routinely undermine the proper functions of the democratic system and make it unlikely that those parties most directly deprived of their rights will be heard by elected legislatures or be able to directly access courts. The vindication of their rights and the rule of law itself depend on the ability of others to litigate on their behalf. Thus, this article argues for the expansion of standing doctrine to protect the democratic ideal in emerging democracies. Using …


Trouble Counting Votes - Comparing Voting Mechanisms In The United States And Selected Other Countries, Frank Emmert, Christopher Page, Antony Page Jan 2008

Trouble Counting Votes - Comparing Voting Mechanisms In The United States And Selected Other Countries, Frank Emmert, Christopher Page, Antony Page

Faculty Publications

No abstract provided.


Decollectivization And Democracy: Current Law Practice In Romania, Kandis Scott Jan 2004

Decollectivization And Democracy: Current Law Practice In Romania, Kandis Scott

Faculty Publications

Why have decollectivized Romanian lawyers failed to become important actors in the consolidation of their nation's democracy? Interviews of legal professionals in four Romanian cities suggest that their failure to participate in civil society inhibits avocats from becoming agents of change.

Notwithstanding the 1990-2002 statutes privatizing the bar, daily Romanian law practice differs little from collectivized practice. A similar resemblance to United States solo and small-firm practice is so striking as to belie the influence of the communist past in determining the behavior of typical Romanian lawyers today. The economics of law practice seem to explain consistent behavior in both …


Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle Jan 2001

Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle

Faculty Publications

No abstract provided.


The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck Jan 1985

The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck

Faculty Publications

A crisis of confidence in our institutions and talk about loss of life's purpose are everywhere. Sociologists describe the modern individual's sense of isolation, his so-called spiritual homelessness, his weakening sense of values, and his bewilderment in the face of seemingly impersonal forces before which he feels helpless and often victimized.