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Articles 871 - 900 of 1909
Full-Text Articles in Law
April 1, 2012: A Partisan Day Of Prayer And Fasting, Bruce Ledewitz
April 1, 2012: A Partisan Day Of Prayer And Fasting, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Partisan Day of Prayer and Fasting“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Unsigning The Rome Statute: Examining The Relationship Between The United States And The International Criminal Court, Allison Naylor
Unsigning The Rome Statute: Examining The Relationship Between The United States And The International Criminal Court, Allison Naylor
Honors Projects in History and Social Sciences
Presently, 120 states are parties to the Rome Statute establishing the International Criminal Court (ICC). A state that one will not find on the list, however, would be the United States. This project examines the relationship between the International Criminal Court (ICC) and the United States. The United States took part in the negotiating process, signing the Rome Statute under President Bill Clinton, but was not fully satisfied with the agreement reached. Under President Bush, however, the Rome Statute was unsigned. Presently, the United States remains unsigned on the Rome Statute. The relationship between the Court and the United States …
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Fundamental Rights Case Masquerading as a Commerce Clause Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 23, 2012: Warm Enough For You?, Bruce Ledewitz
March 23, 2012: Warm Enough For You?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Warm Enough For You?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Any Other Pro-Life People Outraged and Embarrassed?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Reconstructing World Politics: Norms, Discourse, And Community, Sungjoon Cho
Reconstructing World Politics: Norms, Discourse, And Community, Sungjoon Cho
All Faculty Scholarship
This Article argues that the conventional (rationalist) approach to world politics characterized by political bargain cannot fully capture the new social reality under the contemporary global ambience where ideational factors such as ideas, values, culture, and norms have become more salient and influential not only in explaining but also in prescribing state behaviors. After bringing rationalism’s paradigmatic limitations into relief, the Article offers a sociological framework that highlights a reflective, intersubjective communication among states and consequent norm-building process. Under this new paradigm, one can understand an international organization as a “community” (Gemeinschaft), not as a mere contractual instrument of its …
February 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz
February 25, 2012: Reasons For Confidence In The Future, Bruce Ledewitz
Hallowed Secularism
Blog post, “Reasons for Confidence in the Future“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz
February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz
Hallowed Secularism
Blog post, “Greetings From Sunny Malibu“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald
Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald
Pepperdine Law Review
This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model, which Professor McDonald terms the theory of 'stimulated democratic deliberation,' assumes that an unlimited quantity of campaign-related communications will result in increased public deliberation about ideas and better informed citizens, which in turn will result in better decisions about candidates for political office. In short, this model assumes that rational thought and deliberation about important issues of the day drive voter …
February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz
February 16, 2012: Do Pacifists Have To Pay All Their Federal Taxes?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Do Pacifists Have to Pay All Their Federal Taxes?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz
February 4, 2012: Time To Leave The Democratic Party, Bruce Ledewitz
Hallowed Secularism
Blog post, “Time to Leave the Democratic Party“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz
February 1, 2012: Just The Beginning Of The War On Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Just the Beginning of the War on Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 28, 2012: A New Marxism, Bruce Ledewitz
January 28, 2012: A New Marxism, Bruce Ledewitz
Hallowed Secularism
Blog post, “A New Marxism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz
January 18, 2012: But Why Can’T People Just Practice A Scientific Way Of Life?, Bruce Ledewitz
Hallowed Secularism
Blog post, “But Why Can’t People Just Practice a Scientific Way of Life?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz
January 6, 2012: I Have A Soft Spot For Rick Santorum, Bruce Ledewitz
Hallowed Secularism
Blog post, “ I Have a Soft Spot for Rick Santorum“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
All Faculty Scholarship
Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. Many of the “rules-of-the-road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against “partisan gerrymandering” (which has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of …
Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan
Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan
University of Baltimore Journal of Land and Development
No abstract provided.
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee
Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University
The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …
Robert Taylor, An Appreciation, Bruce Ledewitz
Robert Taylor, An Appreciation, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Constitutional Forbearance, A. Christopher Bryant
Constitutional Forbearance, A. Christopher Bryant
Faculty Articles and Other Publications
This essay begins by developing the concept of constitutional forbearance and exploring the role it plays in the craft of good judging. This first Part also illustrates what is meant by constitutional forbearance by recovering a forgotten but illustrative example from a century ago. Part II then argues that the need for forbearance has at present become unusually acute. Finally, in Part III this essay identifies some of the qualities of the Obama care cases that make them such singular opportunities for the exercise of this much needed judicial virtue and answers some anticipated objections to thinking about the cases …
Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked, Stephanie Mcmahon
Political Hot Potato: How Closing Loopholes Can Get Policymakers Cooked, Stephanie Mcmahon
Faculty Articles and Other Publications
Loopholes in the law are weaknesses that allow the law to be circumvented. Once created, they prove hard to eliminate. Acase study of the evolving tax unit used in the federal income tax explores policymakers' response to loopholes. The1913 income tax created an opportunity for wealthy married couples to shift ownership of family income between spouses, then to file separately, and, as a result, to reduce their collective taxes. In 1948, Congress closed this loophole by extending the income-splitting benefit to all married taxpayers filing jointly. Congress acted only after the federal judiciary and Treasury Department pleaded for congressional …
The Joireman Collection, Evangelical Advocacy: A Response To Global Poverty
The Joireman Collection, Evangelical Advocacy: A Response To Global Poverty
Bibliographies
The Joireman collection is a list of bibliographic resources gathered by political scientists to examine the relationship between religion and politics as seen from within several Christian traditions: Evangelical, Pentecostals, Anglican, Reformed, Lutheran, and Roman Catholic. The list comes from the book Church, State, and Citizen: Christian Approaches to Political Engagement edited and contributed by Sandra F. Joireman.
The Politicization Of Corporate Governance: Bureaucratic Discretion, The Sec, And Shareholder Ratification Of Auditors, J. Robert Brown Jr.
The Politicization Of Corporate Governance: Bureaucratic Discretion, The Sec, And Shareholder Ratification Of Auditors, J. Robert Brown Jr.
Sturm College of Law: Faculty Scholarship
The role of the Securities and Exchange Commission in the corporate governance process has shifted dramatically in recent years. The Commission has increasingly supplanted state law in determining substantive standards of corporate governance. The replacement of states with the Commission will have significant consequences.
Book Review | The Politics Of Medicaid By Laura Katz Olson, Nicole Huberfeld
Book Review | The Politics Of Medicaid By Laura Katz Olson, Nicole Huberfeld
Law Faculty Scholarly Articles
In this book review, Professor Nicole Huberfeld examines The Politics of Medicaid, by Laura Katz Olson, which was published in 2010 by Columbia University Press.
The Natural And The Familiar In Politics And Law, Michael R. Dimino
The Natural And The Familiar In Politics And Law, Michael R. Dimino
Saint Louis University Law Journal
No abstract provided.
The Politicization Of Judicial Elections And Its Effect On Judicial Independence, Matthew W. Green Jr., Susan J. Becker, Marsha K. Ternus, Camilla B. Taylor
The Politicization Of Judicial Elections And Its Effect On Judicial Independence, Matthew W. Green Jr., Susan J. Becker, Marsha K. Ternus, Camilla B. Taylor
Cleveland State Law Review
This article presents the proceedings of the Cleveland-Marshall College of Law Symposium, The Politicization of Judicial Elections and Its Effect on Judicial Independence and LGBT Rights, held October 21, 2011. The idea for the conference stemmed from the November 2010 Iowa judicial election, in which three justices were voted out of office as a result of joining a unanimous ruling, Varnum v. Brien, that struck down, on equal protection grounds, a state statute limiting marriage rights to heterosexual couples. The conference addresses whether the backlash that occurred in Iowa after the Varnum decision might undermine judicial independence in jurisdictions where …
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson
Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson
Indiana Journal of Global Legal Studies
This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …
Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos
Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos
Scholarly Works
The author reviews two recent books, Marisa A. Abrajano’s Campaigning to the New American Electorate: Advertising to Latino Voters (2010) and Marisa A. Abrajano’s and R. Michael Alvarez’s New Faces New Voices: The Hispanic Electorate in America (2010). These books are part of a growing literature that scientifically studies the evolving Latino electorate, and attempts to answer difficult questions about this ethnic group’s electorate cohesiveness and how candidates might be able to influence the Latino electorate. A careful read of Abrajano’s recent books brings additional understanding to Latino voter behavior, and by implication, how this key group will influence the …
Comparing The Approaches Of The Presidential Candidates., Pierre-Richard Prosper, William Burke-White
Comparing The Approaches Of The Presidential Candidates., Pierre-Richard Prosper, William Burke-White
Case Western Reserve Journal of International Law
No abstract provided.