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Full-Text Articles in Law

The Mad Hatter’S Quip: Looking For Logic In The Independent State Legislature Theory, Nicholas Maggio, Foreword By Brendan Buschi Jan 2024

The Mad Hatter’S Quip: Looking For Logic In The Independent State Legislature Theory, Nicholas Maggio, Foreword By Brendan Buschi

Touro Law Review

The Supreme Court is set to hear a case that threatens the bedrock of America’s democracy, and it is not clear how it will shake out. The cumbersomely named “Independent State Legislature Theory” is at the heart of the case Moore v. Harper, which is before the Supreme Court this term. The theory holds that state legislatures should be free from the ordinary bounds of state judicial review when engaged in matters that concern federal elections. Despite being defeated a myriad of times at the Supreme Court, the latest challenge stems from a legal battle over North Carolina’s redistricting maps. …


Law School News: Rewards Of The Road Less Traveled 10-13-2022, Michelle Choate Oct 2022

Law School News: Rewards Of The Road Less Traveled 10-13-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


Political Fair Use, Cathay Y. N. Smith May 2021

Political Fair Use, Cathay Y. N. Smith

William & Mary Law Review

No abstract provided.


We Are All Growing Old Together: Making Sense Of America's Monument-Protection Laws, Zachary Bray Apr 2020

We Are All Growing Old Together: Making Sense Of America's Monument-Protection Laws, Zachary Bray

William & Mary Law Review

Monuments and the laws that protect them divide Americans today as never before. American attitudes toward monuments have always been a blend of affection, insecurity, and suspicion. But Americans are now more invested in the built and natural monuments that surround us: to be for, or against, protecting certain monuments has now become a shorthand for one’s stance on a host of cultural and political issues. These changing attitudes have thrown American monument-protection laws into sharp relief. And many local, state, and federal legislators and executive officials have taken advantage of this opportunity to exploit America’s patchwork of monument-protection laws, …


What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman Jul 2018

What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Donald Trump has brought new attention to the mendacity of politicians. Both major national newspapers have reported tallies of Trump's false and misleading claims. On November 14, 2017, The Washington Post reported that in the 298 days that President Trump has been president, he had made 1,628 false or misleading claims, telling them at a rate of nine per day in the thirty-five days prior to November 14. Trump, the Post reported, has made fifty false or misleading claims “that he as repeated three or more times.” The Post also catalogued scores of “flip-flops” from Trump. In general, from 2016 …


Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields Jan 2018

Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields

University of Richmond Law Review

No abstract provided.


Potential Life In The Doctrine, Leah Litman Apr 2017

Potential Life In The Doctrine, Leah Litman

Articles

In their article, Abortion: A Woman’s Private Choice, Erwin Chemerinsky and Michele Goodwin seek to shore up the doctrinal basis for a woman’s constitutional right to end her pregnancy. While Chemerinsky and Goodwin are partly concerned about the status of abortion rights in the United States because of President Donald Trump’s promise prior to taking office to appoint Justices to the Supreme Court who will overturn Roe v. Wade, they also maintain that some of the threat to abortion rights arises from an uncomfortable tension in the doctrine that recognizes states’ interest in potential life. I agree with Chemerinsky and …


Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School Of Law Mar 2017

Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Musicians, Politicians, And The Forgotten Tort, Arlen W. Langvardt Apr 2016

Musicians, Politicians, And The Forgotten Tort, Arlen W. Langvardt

Fordham Intellectual Property, Media and Entertainment Law Journal

Election seasons regularly reveal uses of songs and recordings at campaign events and in campaign ads. Frequently, well-known performers who have recorded the songs object to the uses of the songs and recordings (and their recognizable voices). Often, the performers do not own the copyright to the songs or the recordings, so they have no copyright infringement claim to bring. Performers who seek legal relief against those responsible for the political uses have relied, thus far, on right of publicity claims or false endorsement claims under section 43(a) of the Lanham Act. However, judicial concerns about the proper reach and …


The Executioner's Dilemmas, Eric Berger Mar 2015

The Executioner's Dilemmas, Eric Berger

University of Richmond Law Review

No abstract provided.


She Legislates, He Scandalizes: Reenvisioning The Impact Of Political Sex Scandals On Assemblywomen In New York, Hinda Mandell Jan 2015

She Legislates, He Scandalizes: Reenvisioning The Impact Of Political Sex Scandals On Assemblywomen In New York, Hinda Mandell

Journal of Feminist Scholarship

A rash of three political sex scandals within the span of less than two years, from 2012 to 2014, shook the New York State Assembly. All of the sex scandals involved male politicians accused of sexual harassment of female staffers and subordinates. This study investigates how New York State assemblywomen were impacted by the scandals of their male colleagues, exploring the “contagion” of scandals (Adut 2008). Interviews were conducted with eight assemblywomen in 2014, although all 33 assemblywomen serving in the legislature at the time of this research endeavor were invited to participate in a research interview. Findings indicate that …


Legal Ethics Versus Political Practices: The Application Of The Rules Of Professional Conduct To Lawyer-Politicians, Andrew Martin May 2013

Legal Ethics Versus Political Practices: The Application Of The Rules Of Professional Conduct To Lawyer-Politicians, Andrew Martin

Articles, Book Chapters, & Popular Press

Canadian legal ethics has paid little attention to how the rules of professional conduct for lawyers apply to lawyer-politicians – that is, politicians who happen to be lawyers. This article addresses this issue with reference to what Canadian case law and commentary do exist, supplemented by more plentiful American materials. It proposes a distinction between conduct that is politically expedient and conduct in which lawyer-politicians’ duties as lawyers come into apparent conflict with their duties of office. Canadian case law reveals three conflicting approaches to this latter category: that the duties of a lawyer prevail, that the duties of a …


Objective Journalism Cannot Hold Politicians To Account, Marcus O'Donnell Jan 2013

Objective Journalism Cannot Hold Politicians To Account, Marcus O'Donnell

Faculty of Law, Humanities and the Arts - Papers (Archive)

The major story of day three of the election campaign was the coalition’s announcement of a 1.5% cut in the rate of company tax.

The way this story was covered by The Australian and The Guardian represent two completely different views of the role of journalism in an election campaign.

It was an unfolding story throughout the day as the ALP demanded to know how the cut would be paid for.

Treasurer, Chris Bowen rejected Tony Abbott’s claim that the cut could be paid for by previously announced spending cuts as: “magic pudding economics” and double-counting. Although both sides were …


Gaming Direct Democracy: How Voters’ Views Of Job Performance Interact With Elite Endorsements Of Ballot Measures, Craig M. Burnett, Mathew D. Mccubbins Jan 2013

Gaming Direct Democracy: How Voters’ Views Of Job Performance Interact With Elite Endorsements Of Ballot Measures, Craig M. Burnett, Mathew D. Mccubbins

Faculty Scholarship

Voters are thought to rely on elite endorsements in helping them make decisions. Their ability to use these endorsements is especially important in direct democracy, since ballot measures are complex policy proposals that lack partisan cues printed on the ballot. Using an exit survey, we look at California Governor Arnold Schwarzenegger’s endorsement of four Indian gaming measures on the ballot during the presidential primary election of 2008. We find that voters who had knowledge of the elite endorsement differed little from those who did not. We show, however, that Schwarzenegger’s endorsement was conditionally related to support for the measures, depending …


The Case Against Appointing Politicians To The Supreme Court, Brannon P. Denning Jan 2012

The Case Against Appointing Politicians To The Supreme Court, Brannon P. Denning

Brannon P. Denning

In this brief comment on Ben Barton's "An Empirical Study of Supreme Court Justice Pre-Appointment Experience," I argue that appointing persons currently or formerly active in partisan politics would likely not benefit the Court as some have claimed and might affirmatively harm the Court as an institution.


The Life And Legacy Of Judge Richard S. Arnold, John Jacob Lively Jan 2012

The Life And Legacy Of Judge Richard S. Arnold, John Jacob Lively

Honors Theses

The world of politics entails a large variety of men and women from diverse backgrounds. Politicians range from mayors of local cities and state representatives to Congressmen and presidents. One other group that I consider to be included under the realm of politicians are those that serve in the judicial branch of the United State government. While Judges may not be labeled Republican or Democratic, the political backgrounds of appointees are some of the driving forces to decide who serves on the bench. Studying the judiciary leads to coming across some historical figures that shaped history through the opinions that …


How Much Evidence Is Enough? Conventions Of Causal Inference, David Kriebel Jan 2009

How Much Evidence Is Enough? Conventions Of Causal Inference, David Kriebel

Law and Contemporary Problems

One of the most important issues for science in the courtroom is the determination of causality. Like science in the courtroom, science in the regulatory arena can also bring a clash of cultures, misunderstanding, and controversy--especially when decisions must be made with some urgency with interested parties watching closely. Here, Kriebel discusses some conventions in the conduct of science and in the ways that scientific information is communicated to nonscientists that can make it difficult for judges, lawyers, regulators, and politicians to do their jobs making decisions about complex environmental and health issues.


Charles Evans Hughes, Richard D. Friedman Jan 2009

Charles Evans Hughes, Richard D. Friedman

Book Chapters

Hughes, Charles Evans (1862-1948). Lawyer, politician, diplomat, and chief justice of the United States. Hughes was born in Glens Falls, N.Y., the son of a Baptist preacher from the English- Welsh border country who changed congregations from time to time. Young Hughes spent his earliest years in several locations in New York and New Jersey before the family settled in Brooklyn. A precocious child, he was educated both at home and in public school. At age 14, he began college at Madison (now Colgate) University, a Baptist institution. After his sophomore year, he transferred to Brown, which also had a …


Bullitt, W. G. (Sc 1533), Manuscripts & Folklife Archives Nov 2007

Bullitt, W. G. (Sc 1533), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 1533. Autograph album of the Constitutional Convention of Kentucky, 1890-1891, of delegate W.G. Bullitt of McCracken County.


Can Good Judges Be Good Politician? Judicial Elections From A Virtue Ethics Approach, Marie Failinger Jan 2005

Can Good Judges Be Good Politician? Judicial Elections From A Virtue Ethics Approach, Marie Failinger

Faculty Scholarship

In this article, the author argues that it is only possible to determine whether judges are likely to be good judges if we understand the practice of judging and the telos of justice toward which its aims, and that elections cannot help voters determine what qualities are necessary in judges and for what reasons. Moreover, I argue that traditional elections require virtues in politicians which are not often found in good (virtuous) judges, making them an unsuitable way of selecting candidates.


The Spirituality Of Communion: A Resource For Dialogue With Catholics In Public Life, Amelia J. Uelmen Dec 2003

The Spirituality Of Communion: A Resource For Dialogue With Catholics In Public Life, Amelia J. Uelmen

Amelia J Uelmen

No abstract provided.


The Long Time Scales Of Human-Caused Climate Warming: Further Challenges For The Global Policy Process, Jerry D. Mahlman Jun 2003

The Long Time Scales Of Human-Caused Climate Warming: Further Challenges For The Global Policy Process, Jerry D. Mahlman

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

28 pages.

"Jerry D. Mahlman, Senior Research Fellow, National Center for Atmospheric Research"

"Presented at the Pew Center Workshop on The Timing of Climate Change Policies, The Westin Grand Hotel, Washington, DC, October 10-12, 2001"

"Cite As: Mahlman, J.D. 2001. The Long Time Scales of Human-Caused Climate Warming: Further Challenges for the Global Policy Process. Pew Center Workshop on the Timing of Climate Change Policies, October 10-12, Pew Center on Global Climate Change, Arlington, VA."


Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion Jan 1998

Is There A Threat To Judicial Independence In The United States Today? Roundtable Discussion, Roundtable Discussion

Fordham Urban Law Journal

This roundtable discussion poses the question of whether there is a threat to judicial independence in the United States today and, if so, what it is, to a panel of five judges composed of Honorable William H. Walls, Honorable Edward R. Becker, Honorable Morton I. Greenberg, Honorable Jan E. DuBois, and Honorable Stanley Sporkin. Some discuss what they consider the great stall by a partisan majority Senate to confirm judicial nominations, while others argue they have encountered no threat to their judicial independence, which allows for unpopular decisions to be made. Another concern discussed is that for state judges that …


Legislative Term Limitation Under A "Limited" Popular Initiative Provision?, Lawrence Schlam Nov 1993

Legislative Term Limitation Under A "Limited" Popular Initiative Provision?, Lawrence Schlam

Northern Illinois University Law Review

This article addresses the need for change in a seniority-based political system which fosters and is dominated by self-serving career politicians who rarely appear to serve the public interest. Campaign finance reforms and other remedial approaches show no signs of abating this situation. Term limitations, however, offer a reasonable check on the evil inherent in prolonged legislative power. Even though the constitutionality of state-enacted limitations on federal legislators is debatable, state enacted limitations on state legislative terms are constitutional. The "limited" popular constitutional initiative provided for in the 1970 Illinois Constitution--and the Illinois Supreme Court decisions interpreting that provision--appear to …


Read My Lips: Examining The Legal Implications Of Knowingly False Campaign Promises, Stephen D. Sencer Nov 1991

Read My Lips: Examining The Legal Implications Of Knowingly False Campaign Promises, Stephen D. Sencer

Michigan Law Review

This Note does not argue that campaign speech should always be held to the same standards of accuracy to which other forms of speech are held. Campaign speech is unique in form, with its own idioms and rhetorical devices, and serves unique purposes.

Part I discusses the ways false campaign promises damage the political process and suggests that attaching legal liability to knowingly false campaign promises could serve important public policy interests. Part II applies common law contract doctrine to a hypothetical broken campaign promise, finding all the elements of a breach of contract claim. Part II concludes, however, that …


Electoral Folklore: An Empirical Examination Of The Abortion Issue, Jeffrey W. Stempel Jan 1982

Electoral Folklore: An Empirical Examination Of The Abortion Issue, Jeffrey W. Stempel

Scholarly Works

Though partisans on both sides claim credit for electoral victories and defeats, and politicians treat both groups with deference, few studies have attempted to gauge the impact of the abortion issue in more than an anecdotal manner. In 1976, NARAL noted that of the 13 members of the U.S. Representatives that lost re-election bids, nine were pro-life, and four were pro-choice. A study conducted by the Alan Guttmacher Institute of the 1974 House races found that, in “competitive” districts, 92 percent of the pro-choice candidates studied were re-elected while only 61 percent of the pro-life candidates were returned to Congress, …


Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira Apr 1977

Judicial Incentives: Some Evidence From Urban Trial Courts, Greg A. Caldeira

IUSTITIA

In the following pages, I shall outline the basics of a method for studying the motivations of trial judges - or any public officials, for that matter - that I find particularly interesting and fruitful - "incentive theory". The use of incentive theory is, in my view, a preliminary contribution to an ongoing movement to fill glaring gaps in the literature on judicial motivation and trial judging.


Book Review. Lawyers In Politics: A Study In Professional Convergence By H. Eulau And J. D. Sprague, A. Dan Tarlock Jan 1964

Book Review. Lawyers In Politics: A Study In Professional Convergence By H. Eulau And J. D. Sprague, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Political Speakers At State Universities: Some Constitutional Considerations, William W. Van Alstyne Jan 1963

Political Speakers At State Universities: Some Constitutional Considerations, William W. Van Alstyne

Faculty Publications

This article takes issue with an ABA committee’s statement that “no question of the Bill of Rights is involved” when state universities deny guest speakers from the Communist party access to university facilities. This argument relies on principles of equal protection, free speech, and the doctrine of reasonable time, place, and manner.


The Lobbying Act: An Effective Guardian Of The Representative System? Oct 1952

The Lobbying Act: An Effective Guardian Of The Representative System?

Indiana Law Journal

No abstract provided.