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Articles 121 - 149 of 149

Full-Text Articles in Law and Politics

Democratic Principle And Electoral College Reform, Ethan J. Leib, Eli J. Mark Jan 2008

Democratic Principle And Electoral College Reform, Ethan J. Leib, Eli J. Mark

Faculty Scholarship

The Electoral College is a relic from another time and is in tension with the modern constitutional command of “one person, one vote.” But the Electoral College is, nevertheless, ensconced in our Constitution—and, as a result, we would need to amend the document to alter or abolish it from our political fabric. Still, some states are toying with state-based Electoral College reforms. Thus, irrespective of whether voters in those states favor the abolition of the Electoral College through a federal constitutional amendment, they must critically examine the democratic merits of these state-based reform options. Categorically rejecting all state-based reform is …

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Can Direct Democracy Be Made Deliberative?, Ethan J. Leib Jan 2006

Can Direct Democracy Be Made Deliberative?, Ethan J. Leib

Faculty Scholarship

Every election cycle a great number of citizens take to the polls to vote on public policy matters directly. Direct democracy has problems. And an account of deliberative democracy—far from being a source to critique direct democracy—might provide a solution. I have three goals here. First, I hope to identify some problems with the mechanisms of direct democracy that most states and many cities throughout the country employ: the initiative and the referendum. Next, I will offer a potential solution to these institutional problems using aspects of the theory of deliberative democracy, a theory often marshaled to undermine direct democracy. …

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The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer Jan 2005

The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer

Fordham Urban Law Journal

The article begins with a brief introduction to McCain-Feingold which restricts "coordination" and intends to enforce limits on contributions to candidates and parties. It then goes through a history of coordination. It then goes through some aspects of McCain-Feingold and concludes by stating the aftermath of McCain-Feingold and how its rules are meant to provide order to politics.

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An Analysis Of The 2004 Nader Ballot Access Federal Court Cases, Richard Winger Jan 2005

An Analysis Of The 2004 Nader Ballot Access Federal Court Cases, Richard Winger

Fordham Urban Law Journal

The article begins by stating that voters ability to vote for minor party candidates for presidential elections have generally been protected by federal courts as long as they have gotten some media exposure, and Ralph Nader, after not having received this protection attempted to file for injunctions in federal courts. It then goes through Naders claims and suits, including against a discriminatory number of signatures, whether out of state circulators may work, his North Carolina and Ohio write-in lawsuits. The articles conclusion is that federal courts did a poor job in deciding whether to grant Nader injunctive relief and how …

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Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas Cmar Jan 2005

Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas Cmar

Fordham Urban Law Journal

The author begins by stating the importance of monetary contribution to a campaign and points out that most of the money for campaigns comes in the form of large donations. It then goes the introduction of campaign contributions as federal tax credits and its effects until the repeal of the tax credit by Congress. The articles then discusses state implementation of tax credits for political contribution, and compares the effects of different state programs. The article then introduces the principle that contribution incentive programs can be part of a strategy for campaign finance reform and gives several ideas how this …

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Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder Jan 2005

Could Terrorists Derail A Presidential Election?, Jerry H. Goldfeder

Fordham Urban Law Journal

The article begins by expressing surprise that there is no safeguard for regularly scheduled elections and that if an election would have to be cancelled or postponed it is unknown what would happen. It then discusses what happened to elections during 9/11/2001 and the lack of statutory guidance ensuing from there, and discusses how some states have addressed the problem of an affected election, and questions what would happen to the presidential election in the face of such events. It questions whether Congress should attempt to legislate for such an event and gives a suggestion for what can be done …

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Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein Jan 2005

Revenge Of Mullaney V. Wilbur: United States V. Booker And The Reassertion Of Judicial Limits On Legislative Power To Define Crimes, The, Ian Weinstein

Faculty Scholarship

This article offers a historically grounded account of the twists and turns in the Supreme Court's sentencing jurisprudence from the end of World War II to the Court's stunning rejection of the Federal Sentencing Guidelines. The doctrinal shifts that have roiled this area of the law can best be understood as the Court's effort to respond to the changing political and social landscape of crime in America. In the mid 1970's, legislative activity in the criminal law was largely focused on Model Penal Code influenced recodification. In that era, the Supreme Court took power from an ascendant judiciary and gave …

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A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell Jan 2002

A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell

Fordham Urban Law Journal

This article explores the factors that affect the creation of racial classifications and how they are reflected in the Census categories, particularly in regard to the classification of Hispanics. The article argues that an increase in racial minorities will not solely stop white racial domination of political power structures because of entrenched racial policies and practices. To end this domination, racial minorities must organize and collaborate to take down these racially oppressive structures.

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The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin Jan 2002

The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin

Faculty Scholarship

No abstract provided.

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Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout Jan 1998

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout

Faculty Scholarship

The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.

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Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins Jan 1996

Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins

Faculty Scholarship

Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …

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Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski Jan 1995

Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski

Faculty Scholarship

The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …

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Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Jan 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Faculty Scholarship

Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …

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The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner Jan 1992

The New York City Campaign Finance Program: A Reform That Is Working, Nicole A. Gordon, Hyla Pottharst Wagner

Fordham Urban Law Journal

Campaign finance programs, such as New York City's, limit the influence of private money on candidates and come at a relatively modest cost to taxpayers. Campaign finance reform programs, thus, increase the extent to which elections are truly competitive. During a fiscal crisis, we therefore have an even greater need for campaign finance reform and the meaningful democratic elections that reform fosters to ensure that voters generally, rather than special interests, dictate how scarce resources should be allocated. Reform is also necessary to give voters the confidence that their elected officials represent them, and not just wealthy donors, particularly in …

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The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones Jan 1992

The Urban Crisis And The Federal Government's Retreat: Catalyzing Public Policy Choices To Save Our Cities, David R. Jones

Fordham Urban Law Journal

Sections of our cities have been abandoned to a host of poverty-related social ills whose causes have as much to do with the state of the national and regional economies, structural changes in the job market, and political decision-making as they have to do with individual life-histories and personal misfortune. Bleak outcomes are not inevitable and can be reversed by understanding why faulty policy options were adopted and what it will take to formulate new policies. This essay argues for the need of proactive solutions like in combating our urban povery problem by using, (1) a "Marshall Plan" for cities, …

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Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen Jan 1991

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …

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Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …

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To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce Jan 1986

To Whom Does The Government Lawyer Owe The Duty Of Loyalty When Clients Are In Conflict, William Josephson, Russell G. Pearce

Faculty Scholarship

This Article focuses on the continuing debate on the ethical obligations of government lawyers: do government lawyers represent the people or do they represent a client? The Article explains that the dominant conception that government lawyers represent the people actually results in government lawyers representing themselves. After examining alternative approaches to determining the identity of the government lawyer’s client, the Article concludes that only one approach is consistent with both the ethical rules and our republican system of government. The government lawyer’s client properly understood is an elected official or, in certain cases, an agency head with legal authority independent …

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Vice Presidential Acceptance Speech, Geraldine Ferraro Jul 1984

Vice Presidential Acceptance Speech, Geraldine Ferraro

Campaign Materials

Copyright Fordham University School of Law. All Rights Reserved.

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Confirmation Of Nelson A. Rockefeller As Vice President Of The United States, Committee On The Judiciary. House Of Representatives. United States. Dec 1974

Confirmation Of Nelson A. Rockefeller As Vice President Of The United States, Committee On The Judiciary. House Of Representatives. United States.

Watergate Era

Report issued by House Committee on the Judiciary following its hearings on the nomination of Nelson Rockefeller to be the 41st Vice President of the United States. President Gerald Ford had nominated Rockefeller pursuant to Section 2 of the Twenty-Fifth Amendment following Ford’s succession to the presidency upon President Richard Nixon’s resignation.

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Nomination Of Nelson A. Rockefeller Of New York To Be Vice President Of The United States, Committee On Rules And Administration. Senate. United States. Dec 1974

Nomination Of Nelson A. Rockefeller Of New York To Be Vice President Of The United States, Committee On Rules And Administration. Senate. United States.

Watergate Era

Report issued by Senate Committee on Rules and Administration following its hearings on the nomination of Nelson Rockefeller to be the 41st Vice President of the United States. President Gerald Ford had nominated Rockefeller pursuant to Section 2 of the Twenty-Fifth Amendment following Ford’s succession to the presidency upon President Richard Nixon’s resignation.

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Remarks By Nelson Rockefeller Vice President-Designate, Nelson D. Rockefeller, United States Office Of The White House Press Secretary Aug 1974

Remarks By Nelson Rockefeller Vice President-Designate, Nelson D. Rockefeller, United States Office Of The White House Press Secretary

Watergate Era

Remarks of New York Governor Nelson Rockefeller in the Oval Office after President Gerald Ford announced that he was nominating Rockefeller to be the 41st Vice President of the United States. President Gerald Ford nominated Rockefeller pursuant to Section 2 of the Twenty-Fifth Amendment following Ford’s succession to the presidency upon President Richard Nixon’s resignation.

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Remarks Of The President Upon Introduction Of Governor Nelson Rockeller As Vice President-Designate And Press Conference Of Governor Nelson Rockefeller Vice President-Designate, Nelson A. Rockefeller, United States Office Of The White House Press Secretary Aug 1974

Remarks Of The President Upon Introduction Of Governor Nelson Rockeller As Vice President-Designate And Press Conference Of Governor Nelson Rockefeller Vice President-Designate, Nelson A. Rockefeller, United States Office Of The White House Press Secretary

Watergate Era

Press conference of New York Governor Nelson Rockefeller after President Gerald Ford announced that he was nominating Rockefeller to be the 41st Vice President of the United States. President Ford nominated Rockefeller pursuant to Section 2 of the Twenty-Fifth Amendment following Ford’s succession to the presidency upon President Richard Nixon’s resignation.

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Confirmation Of Gerald R. Ford As Vice President Of The United States, Committee On The Judiciary. House Of Representativies. United States. Dec 1973

Confirmation Of Gerald R. Ford As Vice President Of The United States, Committee On The Judiciary. House Of Representativies. United States.

Watergate Era

Report issued by House Committee on the Judiciary following its hearings on the nomination of Gerald Ford to be the 40th Vice President of the United States. President Richard Nixon had nominated Ford pursuant to Section 2 of the Twenty-Fifth Amendment following Vice President Spiro Agnew’s resignation.

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Statement By The Honorable Gerald R. Ford Minority Leader Of The House Of Representatives Before The House Committee On The Judiciary, Gerald R. Ford Nov 1973

Statement By The Honorable Gerald R. Ford Minority Leader Of The House Of Representatives Before The House Committee On The Judiciary, Gerald R. Ford

Watergate Era

Prepared remarks of Gerald Ford to the House Committee on the Judiciary on the first day of the committee’s hearings to consider Ford’s nomination to be 40th Vice President of the United. President Richard Nixon had nominated Ford pursuant to Section 2 of the Twenty-Fifth Amendment following Vice President Spiro Agnew’s resignation.

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Hearings In The House Of Representatives On Vice Presidential Nominee Gerald Ford, Committee On The Judiciary. House Representatives. United States. Nov 1973

Hearings In The House Of Representatives On Vice Presidential Nominee Gerald Ford, Committee On The Judiciary. House Representatives. United States.

Watergate Era

Hearings before the House Committee on the Judiciary on the nomination of Gerald Ford to be the 40th Vice President of the United States. The committee held six hearings between November 15, 1973 and November 26, 1973. President Richard Nixon had nominated Ford pursuant to Section 2 of the Twenty-Fifth Amendment following Vice President Spiro Agnew’s resignation.

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Memorandum To House Speaker Carl Albert, Theodore C. Sorensen Nov 1973

Memorandum To House Speaker Carl Albert, Theodore C. Sorensen

Watergate Era

Memorandum to Speaker of the House of Representatives Carl Albert from Theodore Sorensen with proposed plans for a scenario where Speaker Albert succeeded to the presidency. Albert requested the memo amid the intensifying Watergate scandal and Vice President Spiro Agnew’s resignation. After Agnew’s resignation on October 10, 1973, Albert was first in the line of presidential succession.

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Hearings Before The Committee On Rules And Administration United States Senate, Committee On Rules And Administration. Senate. United States. Nov 1973

Hearings Before The Committee On Rules And Administration United States Senate, Committee On Rules And Administration. Senate. United States.

Watergate Era

Hearings before the Senate Committee on Rules and Administration on the nomination of Gerald Ford to be the 40th Vice President of the United States. The committee held four hearings between November 1, 1973 and November 14, 1973. President Richard Nixon nominated Ford pursuant to Section 2 of the Twenty-Fifth Amendment following Vice President Spiro Agnew’s resignation.

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Remarks Of The President Announcing His Nominee For Vice President, United States Office Of The White House Press Secretary Oct 1973

Remarks Of The President Announcing His Nominee For Vice President, United States Office Of The White House Press Secretary

Watergate Era

Remarks of President Richard Nixon announcing Representative Gerald R. Ford as his nominee for Vice President of the United States. Nixon made the nomination following Vice President Spiro Agnew’s resignation two days earlier. The nomination occurred pursuant to Section 2 of the Twenty-Fifth Amendment.

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