Law Commons^™

The Politicization Of Judgment Enforcement, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.

Tax Court Appointments And Reappointments Improving The Process, Danshera Cords

University of Richmond Law Review

This article explores the problems with the appointment and reappointment process of judges to the United States Tax Court, particularly focusing on the recent politicization of the process. Until 1992, the process ensured the appoint-ment of only well-qualified judges to the Tax Court bench. However, beginning with the administrations of Presidents William J. Clinton and George W. Bush, the President infused politics into the nomination process, causing the process to slow and creating vacancies on the court. Such delays threaten the court's effectiveness and disrupt its operations. To solve this problem, the author endorses changing the statute to allow Tax …

Nonprofits, Politics, And Privacy, Lloyd Hitoshi Mayer

Journal Articles

The first Part of this Article briefly reviews and contrasts the history and current rules governing disclosure and privacy in the federal tax, federal tax exemption, and federal election law contexts. This review reveals that both the cost-benefit approach and the right-to-privacy approach can be found in this history, but to a greater or lesser extent depending on the context. The second Part explores these two different approaches and the extent to which the existing disclosure rules reflect those approaches. This Part shows that the rules are sometimes but not always based both on the cost-benefit approach to disclosure, in …

Where You Stand Depends On Where You Sit: Bureaucratic Politics In Federal Workplace Agencies Serving Undocumented Workers, Ming H. Chen

Publications

This Article integrates social science theory about immigrant incorporation and administrative agencies with empirical data about immigrant-serving federal workplace agencies to illuminate the role of bureaucracies in the construction of rights. More specifically, it contends that immigrants' rights can be protected when workplace agencies incorporate immigrants into labor law enforcement in accordance with the agencies' professional ethos and organizational mandates. Building on Miles' Law that "where you stand depends on where you sit," this Article argues that agencies exercise discretion in the face of contested law and in contravention to a political climate hostile to undocumented immigrants for the purpose …

Joyce Apsel On The Oxford Handbook Of Genocide Studies. Edited By Donald Bloxham & A. Dirk Moses. New York, Ny: Oxford University Press, 2010. 675pp., Joyce Apsel

Human Rights & Human Welfare

A review of:

The Oxford Handbook of Genocide Studies. Edited by Donald Bloxham & A. Dirk Moses. New York, NY: Oxford University Press, 2010. 675pp.

The Past, Present, And Future Of Critical Tax Theory: A Conversation, Karen B. Brown

GW Law Faculty Publications & Other Works

This essay endeavors to document and to preserve the story of the origins of the book Taxing America (NYU Press 1997) edited by KarenB. Brown and Mary Louise Fellows. The publication of that text was a key milestone in the development of critical tax theory as an intellectual discipline. By identifying and bringing together lawyers and scholars with an interest in the political and discriminatory aspects of tax law, Professors Brown and Fellows created one of the first working groups of critical tax theorists. In this essay, the book's two editors reflect on the book's intellectual antecedents and its material …

The End Of Men Or The Rebirth Of Class? How Hanna Rosin Leaves Out The 1% & Family Law Fails The Other 99%, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

This article argues that much of what has been described as “the end of men” is in fact the recreation of class. Greater inequality among men and among women has resurrected class differences and changed the way men and women relate to each other and channel resources to their children. While women have in fact gained ground in the workplace and acquired greater ability to live, work, play and raise children without men, a mere relative move towards sex equality only masks the more fundamental changes occurring in American society and the continuing existence of patriarchy. First, the improved freedom …

The Washington Declaration On Intellectual Property And The Public Interest, Sean Flynn

Scholarly Articles in Law Reviews & Journals

The Washington Declaration on Intellectual Property and the Public Interest was drafted at the Inaugural Global Congress on Intellectual Property and the Public Interest. The Inaugural Global Congress convened over 180 experts from 32 countries and six continents to re-articulate the public interest dimension in intellectual property law and policy. The Congress adopted a series of specific recommendations for action by a global network of public interest scholars and advocates, which are expressed below.

Congress In Court, Amanda Frost

Scholarly Articles in Law Reviews & Journals

Congress rarely participates in litigation about the meaning of federal law. By contrast, the executive branch joins in federal litigation on a regular basis as either a party or amicus curiae. Congress simply assumes that the president’s lawyers adequately represent its interests save in those rare instances when the two branches have a direct conflict. This Article questions that assumption.

The federal judiciary’s approach to statutory and constitutional interpretation diminishes Congress’s influence, often to the benefit of the executive branch. The rise of textualism, the canon of constitutional avoidance, the reliance on Chevron deference, and the courts’ reluctance to second-guess …

U.S. Foreign Policy And The Arab Spring: Ten Short-Term Lessons Learned, Paul Williams, Colleen Popken

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Singapore: Transitioning To A "New Normal" In A Post-Lee Kuan Yew Era, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

Politics in Singapore is generally marked by incremental change. When Singapore eventually becomes a two-party or multi-party democracy, the 2011 general election is likely to be regarded as the starting point of the epochal political transition. It was a boisterous year politically where political excitement and consciousness went up several notches due to the 7 May general elections and the 27 August presidential elections, both of which produced keenly contested hustings and outcomes. The aftermath of the general elections also saw the retirement of former Prime Ministers Lee Kuan Yew and Goh Chok Tong from the Cabinet.

Political Disobedience, Bernard E. Harcourt

Faculty Scholarship

The political phenomenon that was born in Zuccotti Park in the fall of 2011 and spread rapidly across the nation and abroad immediately challenged our vocabulary, our grammar, our political categories – in short, our very language of politics. Although it was quickly apparent that a political paradigm shift had taken place before our eyes, it was hard to discern what Occupy Wall Street really represented, politically. It is time to begin to name this phenomenon and in naming to better understand it. So let me propose a term: political disobedience.

December 31, 2011: The Conflict Between The Catholic Church And Government Regulations, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Conflict Between the Catholic Church and Government Regulations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Step Down, Justice Melvin, Bruce Ledewitz

Ledewitz Papers

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

Justice’S Suspension Is Dubious, Bruce Ledewitz

Ledewitz Papers

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

December 13, 2011: The Mcconnell-Feldman Debate Over Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “The McConnell-Feldman Debate Over Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 23, 2011: Obama To Side With The Bishops, Bruce Ledewitz

Hallowed Secularism

Blog post, “Obama to Side With the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 11, 2011: Veterans Day 2011, Bruce Ledewitz

Hallowed Secularism

Blog post, “Veterans Day 2011“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Split Definitive, Lawrence Baum, Neal Devins

Popular Media

For the first time in a century, the Supreme Court is divided solely by political party.

October 1, 2011: The Problem Of Nonpreferentialism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Problem of Nonpreferentialism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Mandatory Hpv Vaccination And Political Debate, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Vaccinations are among the most cost-effective and widely used public health interventions, but have provoked popular resistance, with compulsion framed as an unwarranted state interference. When the FDA approved a human papillomavirus (HPV) vaccine in 2006, conservative religious groups strongly opposed a mandate, arguing it would condone pre-marital sex, undermine parental rights, and violate bodily integrity. Yet, Governor Rick Perry signed an executive order in 2007 making Texas the first state to enact a mandate — later revoked by the legislature.

Mandatory HPV vaccination reached the heights of presidential politics in a recent Republican debate. Calling the vaccine a "very …

September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz

Hallowed Secularism

Blog post, “Justice Scalia at Duquesne Law School“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Fennell Collection, 1869-1957 (Mss 348), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 348. Account books of Cynthiana Horse Boot Company; materials related to Kentucky Hemp Brake Company of Cynthiana, Kentucky; correspondence of Cynthiana attorneys Chester M. Jewett, J. J. Osborne, William J. Osborne, McCauley C. Swinford, and William Wilson Van Deren.

Reconsidering Antitrust's Goals, Maurice E. Stucke

College of Law Faculty Scholarship

Antitrust policy today is an anomaly. On the one hand, antitrust is thriving internationally. On the other hand, antitrust’s influence has diminished domestically. Over the past thirty years, there have been fewer antitrust investigations and private actions. Today the Supreme Court complains about antitrust suits, and places greater faith in the antitrust function being subsumed in a regulatory framework. So what happened to the antitrust movement in the United States?

Two import factors contributed to antitrust policy’s domestic decline. The first is salience, especially the salience of the U.S. antitrust goals. In the past thirty years, enforcers and courts abandoned …

September 14, 2011: What Does A Resurgent Marxism Look Like?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Does a Resurgent Marxism Look Like?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 10, 2011: Remember The Ten Year Anniversary Of 9/11 By Eliminating Firefighter Unions, Bruce Ledewitz

Hallowed Secularism

Blog post, “Remember the Ten Year Anniversary of 9/11 By Eliminating Firefighter Unions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 8, 2011: Check Out Religion Dispatches On Church, State, And The Crisis In American Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Check Out Religion Dispatches on Church, State, and the Crisis in American Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Moral International Sphere As A New "Civic Virtue", Claudia Heiss

Human Rights & Human Welfare

Liberal political theory, the predominant paradigm at least since the 1970s, rules out as oppressive the imposition of any substantive notion of a "good way of life" and proposes instead a neutral conception where each individual should have the right to pursue his or her own preferred project of life. This opposition of an ancient "virtue" and a modern "freedom" seems challenged by current debates about morality and the responsibility to protect innocent civilians from massive crimes. The moral outrage of the international community may be interpreted as a signal of a perhaps minimal notion of civic virtue, which translates …

August 25, 2011: Duquesne University Law School To Probe The Future Of The Establishment Clause, Bruce Ledewitz

Hallowed Secularism

Blog post, “Duquesne University Law School to Probe The Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

August 20, 2011: Ronald Dworkin Fails To Learn His Lesson, Bruce Ledewitz

Hallowed Secularism

Blog post, “Ronald Dworkin Fails to Learn His Lesson“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.