Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 5 of 5
Full-Text Articles in Law
Saving The Electoral College: Why The National Popular Vote Would Undermine Democracy, Robert M. Hardaway
Saving The Electoral College: Why The National Popular Vote Would Undermine Democracy, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Ever since the Founding Fathers created the Electoral College, Congress has tried to overturn it. The latest attempt is taking place not in Congress, but in state legislatures around the country, where a well-financed campaign by a private California group calling itself "National Popular Vote" (NPV) is proposing an "interstate compact" to circumvent the process for amending the U.S. Constitution. If adopted by states representing a majority of electoral votes, the signatory states would bind themselves to ignore the popular votes within their respective states, and instead allocate their electoral votes to the candidate whom the media proclaimed to be …
Marijuana Legalization In Colorado: Lessons For Colombia, Sam Kamin
Marijuana Legalization In Colorado: Lessons For Colombia, Sam Kamin
Sturm College of Law: Faculty Scholarship
In 2012 Colorado became the first jurisdiction anywhere in the world to legalize marijuana possession and use for all adults. The regulated and taxed marijuana industry that arose in Colorado following legalization was also the first of its kind and stands a model for other states considering marijuana law reform. In this brief article I discuss the results of the Colorado experiment; I demonstrate that while Colorado’s regulatory model was largely successful, it also demonstrates the limits of generating revenue through taxing and regulating marijuana. I then discuss the implications of this conclusion for post-conflict Colombia, drawing a comparison to …
The Compact Clause And National Popular Vote: Implications For The Federal Structure, Robert M. Hardaway, Tara Ross
The Compact Clause And National Popular Vote: Implications For The Federal Structure, Robert M. Hardaway, Tara Ross
Sturm College of Law: Faculty Scholarship
The Electoral College is a vital part of the Founders' federalist Constitution. NPV pretends to be in line with this federalist structure, but its claims are disingenuous. In reality, NPV would destroy the federalist nature of the presidential election process. A system that today operates as a combination of democracy and federalism would change: It would instead operate as pure democracy. This change from federalism to pure democracy would be made even if a majority of states disapproved. As a policy matter, eliminating federalism from the presidential election process will have many practical consequences that make such a change inadvisable. …
Fast-Food Government And Physician-Assisted Death: The Role Of Direct Democracy In Federalism, K.K. Duvivier
Fast-Food Government And Physician-Assisted Death: The Role Of Direct Democracy In Federalism, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Modern patients often enter a twilight zone of suspended animation between living and dying that did not exist a generation ago. The majority of Americans believe these terminal patients should have the right to refuse life support and to receive pain relief, even to the point of hastening death. Yet laws addressing the situation are unclear, and physician advocates, like Dr. Kevorkian of Michigan, have faced sanctions and jail time when they responded to patient requests for help to die peacefully. In its 2006 Gonzales v. Oregon decision, the U.S. Supreme Court shifted the physician-assisted death dilemma to the state-side …
The Electoral College And The Constitution : The Case For Preserving Federalism, Robert M. Hardaway
The Electoral College And The Constitution : The Case For Preserving Federalism, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
This study examines how the Electoral College actually works, how it is supposed to work, and how it might be reformed. Robert Hardaway first looks at the Constitutional Convention, the Twelfth Amendment, and historical elections where the Electoral College has come into play, providing the historical background to the present-day College.