Law Commons^™

When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz

Ledewitz Papers

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

Peace And The Political Imperative Of Legal Reform In Palestine, George E. Bisharat

Case Western Reserve Journal of International Law

No abstract provided.

Misconceiving Mothers: Legislators, Prosecutors, And The Politics Of Drug Exposure, By Laura E. Gomez, Joseph R. Henry

Journal of Health Care Law and Policy

No abstract provided.

The Origins Of American Democracy, Or How The People Became Judges In Their Own Causes, The Sixty-Ninth Cleveland-Marshall Fund Lecture , Gordon S. Wood

Cleveland State Law Review

The awesome power of this democratic polity, with people becoming judges in their own causes, was such that our political leaders over the past two centuries have struggled to constrain and mitigate its effects. In fact, that is what our current concern with campaign financing is all about. From the very beginning of our national history we Americans have used a variety of devices and institutions to immunize ourselves from the harmful consequences of too much democracy, too much factious promotion of private interests in the name of the people. No doubt the most important of these devices has been …

Missouri Children’S Health Initiative: Politics And The Push Towards Universal Access, Stacy Rummel

Saint Louis University Law Journal

Angela Koenig of Lemay worries about her diabetic son Kyle all the time. Medicaid dropped Koenig from its rolls in November 1997. She took a new job a few months later as a bill collector for MCI in Earth City. But she can’t afford to pay $320 a month for family health insurance coverage. Koenig, son Kyle, 6, and her daughter Emalee, 2, are without insurance for the first time. “What if he rides his bike and falls and breaks his arm?” asked Koenig, 23. “We really need insurance.”[1]

[1]. Bill Bell, Jr., Medicaid Expansion Passes in House, Awaits …

Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder

Law and Contemporary Problems

The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.

Book Review Of Policy Making In An Era Of Global Environmental Change (R. E. Munn, J. W. M. La Riviere & N. Van Lookeren Campagne Eds., 1996), Michael P. Healy

Law Faculty Scholarly Articles

In this book review, Michael P. Healy examines Policy Making in an Era of Global Environmental Change (R. E. Munn, J. W. M. la Riviere & N. van Lookeren Campagne eds., 1996).

Enclave Districting, Henry L. Chambers, Jr.

Law Faculty Publications

Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished. In the wake of the Supreme Court's suggestion that representation should focus on …

The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin

Scholarly Works

No abstract provided.

Self-Interest, Politics, And The Environment: A Response To Professor Schroeder, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan

Scholarly Articles in Law Reviews & Journals

Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.

Politics By Other Means: The Law Of The International Criminal Court, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Smart Growth At Century’S End: The State Of The States, Patricia E. Salkin

Scholarly Works

No abstract provided.

Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz

Ledewitz Papers

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

A Grand Notion For Power-Center Lawyers, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

Like leaders of so many administrations before them, Richard Nixon and Bill Clinton, both lawyers, surrounded themselves with an inner circle composed mainly of lawyers-turned-political advisers and policy bureaucrats.

Some would argue that lawyers and politics are a bad brew. But lawyers trust lawyers so much that some will steadfastly defend their political bosses, even if that means being key players in the potential cover-up of a crime. In their skewed minds, accusations of crimes by leaders of the opposing political party are merely biased power politics.

Imperfect Death Penalty Not Acceptable, Bruce Ledewitz

Ledewitz Papers

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

Comment, Roy A. Schotland

Law and Contemporary Problems

The greatest current threat to judicial independence is the increasing politicization of judicial elections. They are becoming nastier, noisier and costlier.

Constitutionalizing Kwik-E-Mart, Bruce Ledewitz

Ledewitz Papers

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

Irreconcilable Principles: Law, Politics, And The Illinois Supreme Court, Jackson Williams

Northern Illinois University Law Review

This article attempts to evaluate the recent criticisms of the political structure of the Illinois Supreme Court. The author examines the electoral and legal systems that usually come into potential conflicts. The goal of the article is to illustrate some important issues in the environment free from the sensationalism of press accounts and the emotionalism of political attacks, and provoke a sensible debate among the State's bar, legislators, and public about how the perception of a "political" court impacts on Illinois' legal system.

Fostering Balance On The Federal Courts , Carl Tobias

American University Law Review

No abstract provided.

Trends. The Tale Of The Tape: The Consequences Of Public Self-Consciousness For Political Life, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the influence of technology on political behavior involving the increasing sophistication of monitoring devices.

Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz

Ledewitz Papers

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

The Maine Clean Election Act: The Future Of Campaign Finance Reform, Michael E. Campion

Fordham Law Review

No abstract provided.

A Natural Law Defense Of Buckley V. Valeo, Jack B. Sarno

Fordham Law Review

No abstract provided.

The Legal And Political Implications Of Moral Pluralism, William A. Galston

Maryland Law Review

No abstract provided.

Cynicism, Reconsidered, Pauline Kim

Scholarship@WashULaw

Occasionally I encounter among students the suspicion that law is nothing but politics. In the field in which I teach-employment law-this attitude amounts to the cynical belief that if judges (or at least those judges hostile to workers) can possibly find a way for the employee to lose and the employer to win, they will do so. While I must admit my own misgivings about the extent to which doctrine and precedent actually decide cases, I push these students to try to understand case outcomes as something other than pure politics. Believing that it is important for law students, as …

Separatism And The Democratic Entitlement, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Political Campaign Spending Caps And The First Amendment: Buckley V. Valeo Revisited, Wayne Barrett, Edward W. Hayes, Erik Joerss, William G. Kastin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Loyal Lieutenant, Able Advocate: The Role Of Robert H. Jackson In Franklin D Roosevelt's Battle With The Supreme Court, Stephen R. Alton

William & Mary Bill of Rights Journal

Before his appointment to the Supreme Court, Justice Robert H. Jackson played a highly visible role in Franklin D. Roosevelt's failed "court packing plan. " Roosevelt's legislation would have increased the size of the Supreme Court and could have dramatically altered the functioning of our government. Jackson supported the plan from his post as Assistant Attorney General. This Article uses a chronological narrative to examine Jackson's role in Roosevelt's court fight. The Article examines his role in light of the surrounding history and the tension between the backers of the New Deal and the Supreme Court. Jackson's testimony before the …

The Law Of The Jubilee In Modern Perspective, Bruce Ledewitz

Ledewitz Papers

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