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Winking At Jubelirer’S Maneuvers, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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Procedure, Politics, And Power, Stephen B. Burbank

Journal of Legal Education

No abstract provided.

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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.

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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.

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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.

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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.

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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.

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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.

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