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Democracy

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Institution
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Articles 151 - 180 of 437

Full-Text Articles in Constitutional Law

Newsroom: A True Original(Ist) 02-15-2016, Michael M. Bowden Feb 2016

Newsroom: A True Original(Ist) 02-15-2016, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz Jan 2016

The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz

Ledewitz Papers

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


The Five Days In June When Values Died In American Law, Bruce Ledewitz Jan 2016

The Five Days In June When Values Died In American Law, Bruce Ledewitz

Ledewitz Papers

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


Continuity And The Declaration Of Independence, Darrell A. H. Miller Jan 2016

Continuity And The Declaration Of Independence, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Separations Of Wealth: Inequality And The Erosion Of Checks And Balances, Kate Andrias Jan 2016

Separations Of Wealth: Inequality And The Erosion Of Checks And Balances, Kate Andrias

Articles

American government is dysfunctional: Gridlock, filibusters, and expanding presidential power, everyone seems to agree, threaten our basic system of constitutional governance. Who, or what, is to blame? In the standard account, the fault lies with the increasing polarization of our political parties. That standard story, however, ignores an important culprit: Concentrated wealth and its organization to achieve political ends. The only way to understand our current constitutional predicament—and to rectify it—is to pay more attention to the role that organized wealth plays in our system of checks and balances. This Article shows that the increasing concentration of wealth and political …


Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah S. Purdy Jan 2016

Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah S. Purdy

Faculty Scholarship

Fishkin and Forbath’s (F&F’s) manuscript is a project of recovery. It portrays the present as a time marked by a “Great Forgetting” of a tradition of constitutional political economy. F&F name what has been forgotten the “democracy of opportunity” tradition. Recovering it would mean again treating the following three principles as linked elements at the core of our Constitution: (1) an anti-oligarchy principle that works to prevent wealth from producing grossly unequal political power; (2) a commitment to a broad middle class with secure, respected work; and (3) a principle of inclusion that opens participation in both citizenship and the …


Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández Apr 2015

Unseen Exclusions In Voting And Immigration Law, César Cuauhtémoc García Hernández

Journal of Race, Gender, and Ethnicity

No abstract provided.


Shelby, Race, And Disability Rights, Ravi Malhotra Apr 2015

Shelby, Race, And Disability Rights, Ravi Malhotra

Journal of Race, Gender, and Ethnicity

No abstract provided.


Preferential Judicial Activism, Sudha Setty Apr 2015

Preferential Judicial Activism, Sudha Setty

Journal of Race, Gender, and Ethnicity

No abstract provided.


Frederick Douglass On Shelby County, Olympia Duhart Apr 2015

Frederick Douglass On Shelby County, Olympia Duhart

Journal of Race, Gender, and Ethnicity

No abstract provided.


Post Oppression, Christian B. Sundquist Apr 2015

Post Oppression, Christian B. Sundquist

Journal of Race, Gender, and Ethnicity

No abstract provided.


Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan Apr 2015

Legal Post-Racialism As An Instrument Of Racial Compromise In Shelby County V. Holder, Pantea Javidan

Journal of Race, Gender, and Ethnicity

No abstract provided.


Shelby County V. Holder: A Critical Analysis Of The Post-Racial Movement’S Relationship To Bystander Denial And Its Effect On Perceptions Of Ongoing Discrimination In Voting, Abra S. Mason Apr 2015

Shelby County V. Holder: A Critical Analysis Of The Post-Racial Movement’S Relationship To Bystander Denial And Its Effect On Perceptions Of Ongoing Discrimination In Voting, Abra S. Mason

Journal of Race, Gender, and Ethnicity

No abstract provided.


Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy Apr 2015

Electoral Silver Linings After Shelby, Citizens United And Bennett, Ciara Torres-Spelliscy

Journal of Race, Gender, and Ethnicity

No abstract provided.


Setting Congress Up To Fail, Margaret B. Kwoka Apr 2015

Setting Congress Up To Fail, Margaret B. Kwoka

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Voting Game, Sarah R. Robinson Apr 2015

The Voting Game, Sarah R. Robinson

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Second Reconstruction Is Over, Robert V. Ward Jr. Apr 2015

The Second Reconstruction Is Over, Robert V. Ward Jr.

Journal of Race, Gender, and Ethnicity

No abstract provided.


Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer Apr 2015

Still Fighting After All These Years: Minority Voting Rights 50 Years After The March On Washington, Deborah N. Archer

Journal of Race, Gender, and Ethnicity

No abstract provided.


Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood Apr 2015

Any Is Too Much: Shelby County V. Holder And Diminished Citizenship, Peter Halewood

Journal of Race, Gender, and Ethnicity

No abstract provided.


Demography And Democracy, Phyllis Goldfarb Apr 2015

Demography And Democracy, Phyllis Goldfarb

Journal of Race, Gender, and Ethnicity

No abstract provided.


Elimination Dance, Sarah Jane Forman Apr 2015

Elimination Dance, Sarah Jane Forman

Journal of Race, Gender, and Ethnicity

No abstract provided.


Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard Apr 2015

Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard

Journal of Race, Gender, and Ethnicity

No abstract provided.


Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz Apr 2015

Defeating The Super Pacs That Distort Our Political Process, Bruce Ledewitz

Ledewitz Papers

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


Election Law—Introduction, Jessica A. Levinson Apr 2015

Election Law—Introduction, Jessica A. Levinson

Loyola of Los Angeles Law Review

No abstract provided.


An Addendum In Light Of Recent Developments, Bruce Ledewitz Jan 2015

An Addendum In Light Of Recent Developments, Bruce Ledewitz

Ledewitz Papers

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


Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz Jan 2015

Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz

Ledewitz Papers

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


Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer Jan 2015

Reynolds Reconsidered, Guy-Uriel E. Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


A Quantum Congress, Jorge R. Roig Jan 2015

A Quantum Congress, Jorge R. Roig

Scholarly Works

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …


The Substance Of Self-Government, James E. Fleming Jan 2015

The Substance Of Self-Government, James E. Fleming

Faculty Scholarship

In Democratic Rights: The Substance of Self-Government, Corey Brettschneider develops an attractive and powerful conception of self-government - the value theory of democracy - that encompasses both substantive rights like privacy and procedural rights. Although he argues, following Habermas and Rawls, that substantive rights and procedural rights are "co-original," the structure of his theory may lead him to reduce the former into the latter and not fully to account for personal self-government in his conception of democratic self-government. The wages of his democratic justifications for substantive rights may be a surprising anxiety or unwarranted tension concerning judicial review protecting such …


Deal Leaves Court Issues Unresolved, Bruce Ledewitz Oct 2014

Deal Leaves Court Issues Unresolved, Bruce Ledewitz

Ledewitz Papers

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