Law and Politics Commons^™

Vacancies Filled By Voters’ Voices: A Call For Open Special Elections With Ranked Choice Voting In New York, Fordham Law School Rule Of Law Clinic, Dani D'Annunzio, Dawn Edelman, David Zwick

Rule of Law Clinic

New York’s special election system for filling vacancies in the U.S. House of Representatives and the State Legislature excludes voters from the candidate selection process. Instead of voters selecting nominees, political party leaders designate their parties’ respective candidates. In this report, the Fordham Law School Rule of Law Clinic recommends reforming this system by implementing open special elections using ranked choice voting. All candidates who meet petition signature requirements, regardless of party affiliation, would compete in a single election. This reform would improve participation, representation, and accountability without sacrificing efficiency.

Beyond Personal Responsibility: Government Support For The Substantive Human Condition, Martha T. Mccluskey

Contributions to Books

Government protection against systemic harm to human well-being is stymied by the liberal idea that power is most legitimately wielded by autonomous individuals taking personal responsibility for their substantive well-being. Instead, a robust vision of democracy and socioeconomic justice requires grounding legitimate power in institutional responsibility, replacing the formal individual actor of liberal theory with the universally embodied, embedded human subject developed in Martha Fineman’s Vulnerability Theory. This chapter connects the message of personal responsibility in neoliberal US welfare reform policies to rationales defending the government’s failure to alleviate systemic human harm in the 2008 financial crisis and the accelerating …

Amendment 7 Ballot Candy And The Single Subject Rule: How The Legislative Supermajority Amended The State Constitution To Limit Voter Choice, Joshua A. Jones

SLU Law Journal Online

During the most recent general election, Missouri voters passed Amendment 7, a legislative ballot measure which erected bulwarks around an election process that limits voter choice. This article will discuss some of Missouri’s constitutional protections against deceptive ballot provision packages, specifically the single subject rule, as well as why they necessarily fall short of total efficacy. It does not argue for a more stringent application of the rules, because doing so would have implications for one of Missourians’ most powerful tools of direct democracy. The paper will examine Amendment 7 for its use of “ballot candy” that legislators successfully dangled …

P*Law 2025: The Future Of The National Labor Relations Act Under Trump, Center For Public Service Law, Trader Joe's United, Julien, Mirer, Singla & Goldstein, Pllc, Working People’S Law Center

2024–2025 Flyers

A P*LAW 2025 panel on the future of the National Labor Relations Act under Trump, moderated by Jordan Pollack ’27, featuring attorneys from Goldstein & Singla PLLC and worker-organizers from Trader Joe’s United.

P*Law 2025: What’S Next? Reproductive Justice Under The Trump Administration, Center For Public Service Law, Shayna Medley, Jenny Ma, Chelsea Williams-Diggs, Bella Pori

2024–2025 Flyers

Hosted by Cardozo P*LAW 2025, this January 28 event explored abortion rights and reproductive justice under the Trump administration. Panelists discussed litigation, nonprofit advocacy, and policymaking at both state and federal levels, with a focus on how New York-based law students can support local efforts. Moderated by Bella Pori ’21.

Resistance: The Mura Struggle Against Canadian Potash Mining In Brazil’S Amazon, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Federal University Of Rio Grande Do Sul, Graduate Program In Law (Ppgd/Ufrgs), International Human Rights Program (Ihrp), University Of Toronto Jackman Law, Observatory Of Socio-Environmental Law And Human Rights In The Amazon (Odsdh/Ufam)

CLIHHR Reports & Policy Submissions

A comprehensive human rights and environmental report documenting the Mura Indigenous people’s resistance to Brazil Potash’s Autazes Potash Project in the Brazilian Amazon. The report details environmental risks, human rights violations, failures in consultation processes, litigation history, corporate accountability, and the ongoing struggle for land demarcation.

Democratic Backsliding In Federal States, James A. Gardner

Contributions to Books

This book revitalizes the discourse on backsliding democracy and the global rise of autocracy, extending the consequences of their changes to a sustainable future. In three sections, the book systematically examines diverse pathways leading autocracies to rise and spread worldwide and debates the future consequences. Using a multidisciplinary approach, the book conceptualizes the rise of autocracy and the backsliding of democracy by studying dictatorship, authoritarianization processes, autocracy’s diffusion, and populism. It reveals the global spread of autocracy and reflects on the challenges this poses to, and the likely impacts on, a sustainable future. This book is of key interest to …

Election Law And Democratic Theory, James A. Gardner

Contributions to Books

Election law is the body of law by which a society implements its commitment to democracy. Any meaningful evaluation of the suitability or effectiveness of a society’s election law therefore requires some inquiry into the nature of the society’s democratic commitments—the theory or conception of democracy to which it subscribes. Virtually all such theories are rooted in philosophical liberalism but nevertheless come in many varieties. Reconstructing a society’s democratic commitments can be complicated by its failure to articulate or even to reflect upon them. In the United States, that difficulty is compounded by a long history of evolution in American …

Comparative Tax Law Guide, Kim Brooks

OER Texts

This extended bibliography is designed to support comparative tax law study by students, policy-makers, and tax practitioners. Studying comparative tax law is pure joy. And in addition to that, it enables you to:

• more deeply understand your own tax system and context;
• learn about another country’s system and context;
• draw general conclusions about tax law;
• press for or support tax law change;
• facilitate tax law harmonization or coordination among jurisdictions;
• delve into the role of tax in the spread of higher-order values like fairness, equality, transparency, or privacy;
• explain why a country’s tax laws are the way they are; and …

Upholding Longstanding Prohibitions On Firearm Possession Under Bruen, Mitchell Gordon

SLU Law Journal Online

The Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen has cast doubt on the constitutionality of federal firearms possession laws, such as the prohibition on felons possessing guns. This piece examines how one federal district court upheld a federal restriction on felon gun possession in the recent wake of the Bruen decision. In this article, Mitchell Gordon especially focuses on the historical facts and analysis that are now required under Bruen in order to uphold a governmental restriction on Second Amendment rights.

Donald Trump And America's New Class War, Glenn Harlan Reynolds

Book Chapters

No abstract provided.

Presidential Interpretation And War Powers, Tobias T. Gibson, Matthew R. Trout

SLU Law Journal Online

Judicial deference toward presidential decision making in national security has led to largely unencumbered presidential action in national security concerns. In this article, Matthew R. Trout and Tobias T. Gibson argue that presidential interpretation is a power of the president—a power that has enhanced an outsized presidential role in national security.

Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh

US Government Documents Related to Indigenous Nations

This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by …

Opinion Regarding The Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Reservation (North Dakota), United States Department Of The Interior, Robert T. Anderson

US Government Documents Related to Indigenous Nations

This memorandum, dated February 4, 2022, from the United States (US) Department of the Interior (Office of the Solicitor) to the Secretary and Assistant Secretary of Land and Minerals Management, the Assistant Secretary of Indian Affairs, and the Director of the Bureau of Indian Affairs rescinds the Solicitor’s May 26, 2020 opinion regarding mineral rights on the Fort Berthold Reservation which declared the state of North Dakota to be the owner of said rights. This memorandum reaffirms the January 17, 2017 opinion of Solicitor Hilary Tompkins that the rights belong to the Three Affiliated Tribes of the Fort Berthold Reservation. …

Women's Political Participation In Nevada, Brenda Cruz Gomez, Aika Dietz

Research Briefs

Nevada leads the nation with the first female-majority state legislatiure.

Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot

US Government Documents Related to Indigenous Nations

This undated summary released by the Bureau of Reclamation offers a concise overview of the Pick-Sloan Missouri Basin flood control plan which was enacted when Congressed passed the Flood Control Act of 1944. This plan led to the construction of several dams in the Missouri River basin, including the Garrison Dam. The completion of the Garrison Dam displaced the majority of the Mandan, Hidatsa, and Arikara people living on the Fort Berthold Reservation. This document contains tables, graphs, maps, and a photograph.

The The Universe Is On Our Side: Restoring Faith In American Public Life, Bruce Ledewitz

Ledewitz Books

In The Universe Is On Our Side, Bruce Ledewitz argues that there has been a breakdown in American public life that no election can fix - Americans struggle to even converse about politics and the usual explanations for our condition have failed to make things better. Ledewitz posits that America is living with the consequences of the Death of God, which Friedrich Nietzsche presumed would be momentous and irreversible.For a long time, God acted as the story of the meaning of our lives. America's future requires that we begin a new story by each of us asking a question posed …

Mcgirt V. Oklahoma, United States Supreme Court, Neil M. Gorsuch

US Government Documents Related to Indigenous Nations

This United States (US) Supreme Court case, decided July 9, 2020, clarified the boundaries of Indigenous land within the state of Oklahoma (OK) and, by extension, the limits of Oklahoma’s jurisdictional reach. Following the perpetration of his crimes in 1997, Oklahoma state court convicted Jimcy McGirt of three sexual offenses; however, McGirt contended that the state lacked the jurisdiction to try him for these crimes because he is an enrolled member of the Seminole Nation and because his crimes took place on the Creek Reservation (Muscogee Nation). Oklahoma argued that although an 1883 Treaty established a section of land for …

Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Indian Reservation (North Dakota), Department Of The Interior, Daniel H. Jorjani

US Government Documents Related to Indigenous Nations

This memorandum, dated May 26, 2020, from the United States Department of the Interior (Office of the Solicitor) to the Assistant Secretary of US Indian Affairs and the Assistant Secretary of Land and Minerals Management rescinds the Solicitor’s January 18, 2017 opinion regarding mineral rights on the Fort Berthold Reservation and asserts that the state of North Dakota, not the Three Affiliated Tribes, is the legal owner of the submerged lands beneath the Missouri River. The Solicitor cites the “Historical Examination of the Missouri River within the Fort Berthold Indian Reservation, Precontact-1902” and his interpretation of laws and case precedent …

The Art Of Occupation : Crime And Governance In American-Controlled Germany, 1944–1949, Thomas J. Kehoe

Ohio University Press Open Access Books

The literature describing social conditions during the post–World War II Allied occupation of Germany has been divided between seemingly irreconcilable assertions of prolonged criminal chaos and narratives of strict martial rule that precluded crime. In The Art of Occupation, Thomas J. Kehoe takes a different view on this history, addressing this divergence through an extensive, interdisciplinary analysis of the interaction between military government and social order.

Focusing on the American Zone and using previously unexamined American and German military reports, court records, and case files, Kehoe assesses crime rates and the psychology surrounding criminality. He thereby offers the first comprehensive …

10th Annual Pegalis Law Group Health Law Colloquium, New York Law School

Health Law Society Publications

Federalism, ERISA, and State Single-Payer Health Care. How to Make Sense of Future Legislation and the Impact on Population Health

(CLE Presentation on Oct. 24th 2019)

Moderator:

Adam S. Herbst, Esq., Senior Vice President, Chief Legal and Strategic Planning Officer of Blythedale’s Children Hospital; Adjunct Professor at New York Law School teaching Health Law and Policy; Co-director of the NYLS Health Law and Patient Safety Project; Lecturer, Mailman School of Public Health at Columbia University

Panelists:

Honorable Richard N. Gottfried, New York State Assembly (District 75) & Chairman of the Assembly's Committee on Health and Sponsor of …

The Twenty-Fifth Amendment: Law, History, And Recommendations For Reform, John D. Feerick, John Rogan

Miscellaneous

Handout for The Twenty-Fifth Amendment: Law, History, and Recommendations for Reform.

Rethinking Social Media: An Expert Panel Discussion, Howard M. Squadron Program In Law, Media And Society, Bonavero Institute Of Human Rights, Cardozo Law Moot Court Honor Society

2018–2019 Flyers

This expert panel discussion, moderated by Professor Monroe Price, explored the evolving challenges and regulatory efforts related to social media. Held on Thursday, January 31st, from 6–8pm in the Moot Court Room at Cardozo School of Law, the event addressed pressing issues such as child pornography, cyberstalking, hate speech, terrorist content, and the impact of social media on U.S. elections. Panelists included Robyn Caplan (Data and Society), Jessa Lingel (University of Pennsylvania), and Cardozo Professor Felix Wu, whose work focuses on freedom of expression and cybersecurity. Presented by the Howard M. Squadron Program in Law, Media and Society in partnership …

Reds Among The Cream And Crimson, Kelly Kish

Historic Documents

What happened when three IU law professors were accused of harboring Communist sympathies in 1946.

Originally published in the publication 200 The Bicentennial Magazine, Volume 2, Issue 1, January 2019.

Political Orientation Detection & Machine Learning, Kenneth May, Ashraf Aly

Celebration of Student Scholarship Poster Sessions Archive

No abstract provided.

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011), copies …

The Absence Of Lack And The Relevance Of Relationship, Tracy Maxwell Heard

Leadership Hour at Otterbein University

Tracy Maxwell Heard, a former Democratic Leader of the Ohio House of Representatives is the President of Millennium Solutions, Inc., a public policy, business and non-profit development firm with a specialization in social enterprise development.

Interior Department And Army Corps Announce Restoration Of Tribal Lands For The Three Affiliated Tribes Of The Fort Berthold Reservation; Transfer Restores Nearly 25,000 Acres Of Tribal Homelands Lost To The Garrison Dam Project, Department Of The Interior, Assistant Secretary Of The Army For Civil Works

US Government Documents Related to Indigenous Nations

This news release, dated December 20, 2016, from the United States (US) Department of the Interior and the US Assistant Secretary of the Army announces the return of 24,959 acres of land on the Fort Berthold Reservation to the Three Affiliated Tribes of the Fort Berthold Reservation. The returned land was part of the 153,000 acres of land taken by the United States Government for construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This press release provides some background on the Garrison Dam Project …

Geduldig V. Aiello, 417 U.S. 484 (1974) (Judgment), Lucinda M. Finley

Contributions to Books

Published as part of Chapter 10 in Feminist Judgments, Kathryn M. Stanchi, Linda L. Berger & Bridget J. Crawford, eds.

In Geduldig, the Court was asked to decide whether California invidiously discriminated against women in violation of equal protection doctrine by excluding disabilities related to “normal” pregnancy and childbirth from its otherwise comprehensive employment disability insurance program. At the time, the U.S. Supreme Court had not yet clearly articulated that heightened scrutiny must apply for sex-based classifications, although it had strongly suggested as much in two recent cases, Reed v. Reed and Frontiero v. Richardson. The Court had …

Fact Sheet: Potential Transfer Of Garrison Dam/Lake Sakakawea Project Lands, United States Army Corps Of Engineers

US Government Documents Related to Indigenous Nations

This 2016 fact sheet released by the United States (US) Army Corps of Engineers, discusses the potential return of lands within the Fort Berthold Reservation to the Three Affiliated Tribes of the Fort Berthold Reservation. The lands in question are part of 153,000 acres that were taken for the construction and operation of the Garrison Dam. The authority of this return is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). The fact sheet includes a brief history of the lands in question, the process of the return, and the status of the return.