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Full-Text Articles in Law
Conclusion: Law As Scapegoat, Cary Coglianese
Conclusion: Law As Scapegoat, Cary Coglianese
All Faculty Scholarship
Populist nationalist movements have been on the rise around the world in recent years. These movements have tapped into, and fueled, a deep anger among many members of the public. Especially in the face of stagnant or declining economic prospects—as well as expanding inequality—much anger has been directed at minorities and migrants. Politicians with authoritarian tendencies have sought to leverage such public anger by reinforcing tendencies to scapegoat others for their society’s problems. In this paper, I show that laws and regulations—like migrants—can be framed as “the other” too and made into scapegoats. With reference to developments in Brazil, the …
Populism And Criminal Justice Policy: An Australian Case Study Of Non-Punitive Responses To Alcohol-Related Violence, Julia Quilter
Populism And Criminal Justice Policy: An Australian Case Study Of Non-Punitive Responses To Alcohol-Related Violence, Julia Quilter
Faculty of Law, Humanities and the Arts - Papers (Archive)
Populism is widely regarded in the literature as a negative and inherently punitive influence on criminal justice policy. This article challenges this view and highlights the ways in which populism can produce forms of citizen engagement in the criminal justice context that are new and progressive. These possibilities are illustrated through a close analysis of the responses to a single instance of ‘random’ fatal violence: the killing of Thomas Kelly in King’s Cross, Sydney, in 2012. This case study shows how a populist campaign powerfully realigned political allegiances to call for, and achieve, real and enduring action from the New …
Responses To The Death Of Thomas Kelly: Taking Populism Seriously, Julia Ann Quilter
Responses To The Death Of Thomas Kelly: Taking Populism Seriously, Julia Ann Quilter
Faculty of Law, Humanities and the Arts - Papers (Archive)
This comment explores the range of responses to Thomas Kelly’s death. Mr Kelly suffered fatal head injuries after being king-hit in the face when walking down the street in Kings Cross, Sydney, in July 2012. It is argued that these responses form a populist and far more nuanced response than the more typical ‘law and order’ reactions of state governments witnessed in the past, making us think about taking populism more seriously.
Excerpt From Conspiracy Theories: Secrecy And Power In American Culture (Revised And Updated Edition), Mark Fenster
Excerpt From Conspiracy Theories: Secrecy And Power In American Culture (Revised And Updated Edition), Mark Fenster
Mark Fenster
This is the introduction to the revised and updated edition of Conspiracy Theories: Secrecy and Power in American Culture (Minneapolis: University of Minnesota Press, forthcoming 2008). The book challenges the dominant academic and popular approach to conspiracy theories, which views them as a paranoid, extremist expression of marginal groups and individuals that pathologically challenges the basic assumptions of American history and the pluralistic political system of the United States. The book is premised on the contrary proposition that the prevalence of conspiracy theories is neither necessarily pernicious nor external to American politics and culture but instead an integral aspect of …
A Populist Critique Of Direct Democracy, Sherman J. Clark
A Populist Critique Of Direct Democracy, Sherman J. Clark
Articles
It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …