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1993

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Articles 1 - 30 of 64

Full-Text Articles in Law and Politics

It's Not Just Larsen, Bruce Ledewitz Dec 1993

It's Not Just Larsen, Bruce Ledewitz

Ledewitz Papers

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


Making Certain Technical Corrections, United States Congress, Us Senate Nov 1993

Making Certain Technical Corrections, United States Congress, Us Senate

US Government Documents Related to Indigenous Nations

This report from the United States (US) Senate Committee on Indian Affairs dated November 19, 1993, was written to accompany US Senate Bill 1654 which proposes technical corrections to Indian laws. The report specifies that US Senate Bill 1654 proposes to extend the deadline for the sale of lands to their former owners (per the specifications of US Public Law 102-575 which contains the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act”). US Senate Bill 1654 became US Public Law 103-263 on May 31, 1994.


Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky Nov 1993

Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky

Articles

Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …


Helping "Concerned Volunteers Working Out Of Their Kitchens": Funding Citizen Participation In Administrative Decision Making, Marcia Valiante, W. A. Bogart Oct 1993

Helping "Concerned Volunteers Working Out Of Their Kitchens": Funding Citizen Participation In Administrative Decision Making, Marcia Valiante, W. A. Bogart

Osgoode Hall Law Journal

Broad citizen participation in decision making by administrative bodies is important in achieving fairness, improving the quality of decisions, and realizing accountability and legitimacy. Yet such broad participation often hinges on adequate financial capacity. In this regard, the authors review a number of mechanisms used for funding citizen participation. These mechanisms are variations of essentially two models: public funding (direct and indirect) and direct funding by proponents. The article concludes with a plea for such mechanisms--even in a time of severe financial restraint-as one reflection of a vigorous participatory democracy.


The Problems Of Public Choice: The Case Of Short Limitation Periods, Kent Roach Oct 1993

The Problems Of Public Choice: The Case Of Short Limitation Periods, Kent Roach

Osgoode Hall Law Journal

This article examines public choice as a predictor of legislative behaviour and as a guide for statutory and constitutional interpretation. It focuses on short limitation periods, which have often been criticized as special interest legislation benefiting well-organized groups, such as medical doctors. The author concludes that the economic assumptions of public choice cannot adequately explain complexities in interest group behaviour, and that the Canadian legislative process has the ability to advance the interests of diffuse and unorganized groups, such as patients. The author also argues that given the absence of normative content in public choice analysis, Canadian courts have rightly …


Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1993

Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz May 1993

Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz

Ledewitz Papers

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


Equality And Partiality, Daniel A. Cohen May 1993

Equality And Partiality, Daniel A. Cohen

Michigan Law Review

A Review of Equality and Partiality by Thomas Nagel


Revitalizing Regulation, Daniel A. Farber May 1993

Revitalizing Regulation, Daniel A. Farber

Michigan Law Review

A Review of Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Sector by David Osborne and Rethinking the Progressive Agenda: The Reform of the American Regulatory State by Susan Rose-Ackerman


Free Speech For Me—But Not For Thee: How The American Left And Right Relentlessly Censor Each Other, Bradley L. Smith May 1993

Free Speech For Me—But Not For Thee: How The American Left And Right Relentlessly Censor Each Other, Bradley L. Smith

Michigan Law Review

A Review of Free Speech for Me—But Not for Thee: How the American Left and Right Relentlessly Censor Each Other by Nat Hentoff


Court-Gazing, Stephen F. Williams May 1993

Court-Gazing, Stephen F. Williams

Michigan Law Review

A Review of Turning Right: The Making of the Rehnquist Supreme Court by David G. Savage and Deciding To Decide: Agenda Setting in the United States Supreme Court by H.W. Perry, Jr.


Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson May 1993

Thomas's Supreme Unfitness--A Letter To The Senate On Advise And Consent, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.


Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz Mar 1993

Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz

University of the District of Columbia Law Review

No abstract provided.


Political Federalism And Congressional Truth-Telling, Margaret G. Stewart Mar 1993

Political Federalism And Congressional Truth-Telling, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.


Saving The Self?, Daniel R. Ortiz Mar 1993

Saving The Self?, Daniel R. Ortiz

Michigan Law Review

In a recent article, Law, Politics, and the Claims of Community, Stephen A. Gardbaum accurately diagnoses one of the greatest problems in contemporary political and legal theory: the "complete confusion" about what communitarianism means.

Gardbaum's basic insight is, I think, both powerful and correct. We have been seeing contradiction and conflict where there often is none at all. As important and salutary as his account is, however, it deserves response. His taxonomy of communitarianism, the heart of his piece, well shows that communitarianism makes fundamentally different types of claims. It does not, however, make as many different kinds of …


The Clinton Tax Plan: The Tax Policy Pendulum Swings Back , John E. Chapoton Mar 1993

The Clinton Tax Plan: The Tax Policy Pendulum Swings Back , John E. Chapoton

Washington and Lee Law Review

No abstract provided.


Individual Tax Reform For Fairness And Simplicity: Let Economic Growth Fend For Itself , Martin J. Mcmahon, Jr. Mar 1993

Individual Tax Reform For Fairness And Simplicity: Let Economic Growth Fend For Itself , Martin J. Mcmahon, Jr.

Washington and Lee Law Review

No abstract provided.


Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980s And 1990s , Bernard M. Shapiro Mar 1993

Presidential Politics And Deficit Reduction: The Landscape Of Tax Policy In The 1980s And 1990s , Bernard M. Shapiro

Washington and Lee Law Review

No abstract provided.


Mishandling The Current Crisis, Bruce Ledewitz Jan 1993

Mishandling The Current Crisis, Bruce Ledewitz

Ledewitz Papers

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


The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz Jan 1993

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz

Ledewitz Papers

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


Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz Jan 1993

Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz

Ledewitz Papers

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


Markets And States In Development: India's Reformers And The East Asian Experience, Shalendra Sharma Jan 1993

Markets And States In Development: India's Reformers And The East Asian Experience, Shalendra Sharma

Politics

No abstract provided.


No Punishment Without Cruelty, Bruce Ledewitz Jan 1993

No Punishment Without Cruelty, Bruce Ledewitz

Ledewitz Papers

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


Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz Jan 1993

Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz

Ledewitz Papers

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


Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin Jan 1993

Strategies Of Connection: Prostitution And Feminist Politics, Margaret A. Baldwin

Michigan Journal of Gender & Law

A feminist political approach to prostitution must begin from these strengths and be tested against the standards set by them. I want to address how taking each of these strengths seriously can create sustained resistance against prostitution.


Specter Of A Lesbian Supreme Court Justice: Problems Of Identity In Lesbian Legal Theorizing, Ruthann Robson Jan 1993

Specter Of A Lesbian Supreme Court Justice: Problems Of Identity In Lesbian Legal Theorizing, Ruthann Robson

St. Thomas Law Review

The specter of a lesbian Supreme Court Justice raises an issue that has troubled lesbian and political theory, the issue of identity politics. Any invocation of identity, political or otherwise, provokes postmodernist apprehension, an apprehension that has been particularly potent in sexual identities. Also as a sexual identity, lesbian identity evokes other postmodernist-influenced issues. Particularly problematic are lesbian identity's unintelligibility until claimed or avowed and lesbian identity's uncertain classification as an identity status or a sexual act. This Article will interrogate the predicaments posed by identity politics, including postmodernist questionings of identity and the identity/ activity dichotomy, concluding with some …


Words, Deeds And The Work We Still Know So Little About, Mark Andrew Sherman Jan 1993

Words, Deeds And The Work We Still Know So Little About, Mark Andrew Sherman

St. Thomas Law Review

Part II of this Article provides the reader with background on the current state of federal affordable housing and community development law. It describes what President Clinton is inheriting from prior administrations as well as the new administration's affordable housing and community development agenda. In short, Part II describes the enormity of the challenge facing the legal community. In Part III, I describe a personal experience from my own background as a lawyer serving a group of low-income tenants struggling to preserve their housing. The purpose of the story is to provide some indication of the types of non-traditional skills …


In Defense Of Lawyers (Aba Journal), Henry J. Reske Jan 1993

In Defense Of Lawyers (Aba Journal), Henry J. Reske

News Articles

Conservative judge challenges Quayle statistics.


Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson Jan 1993

Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson

Scholarly Works

This Article maintains that in order to fully comprehend the politics of welfare, retirement security, and national health coverage, it is necessary to examine Machiavellian principles in relation to the variables of economic development and inter-party competition. If the principles of Machiavelli are applied in a slightly different and more constructive manner, they may facilitate reform of the American welfare, retirement, and national health systems. Now that the political balance in the United States has shifted from the conservative to the liberal, the time is ripe to consider reforming the entire Social Security system and instituting a comprehensive national health …


Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi Jan 1993

Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi

UIC Law Review

No abstract provided.