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2001

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Articles 61 - 76 of 76

Full-Text Articles in Law and Politics

Toward Political Safeguards Of Self-Determination, Gregory P. Magarian Jan 2001

Toward Political Safeguards Of Self-Determination, Gregory P. Magarian

Scholarship@WashULaw

The theorists of the political safeguards of federalism (primarily Herbert Wechsler, Jesse Choper, and Larry Kramer) contend that various features of the American political system are sufficient to protect the values of federalism, obviating the need for federalist judicial review. These theorists have identified constitutional features of the system (i.e., equal representation in the Senate) and extolled subconstitutional features (notably the strength of the major political parties) as guarantors of state prerogatives against the federal government. They have not, however, developed a substantial account of the reasons why state prerogatives need or deserve protection and how those reasons bear on …


Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny Jan 2001

Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny

Journal Articles

This Article investigates the questions whether and when religious claims may enter into public debate about important political issues by considering the purposes of argument in the public square. These purposes include: (1) argument as self-disclosure; (2) argument as persuasion; and (3) argument as bulwark against engagement with the ideas of others. The Article argues that restrictions on the use of religious claims in public deliberations and discussion impede the legitimate functions of public argument as self-disclosing and persuasive activities. In contrast, such restrictions contribute to the use of argument as bulwark, which is arguably destructive to public deliberation in …


The Limits Of Pragmatism In American Foreign Policy: Unsolicited Advice To The Bush Administration On Relations With International Nongovernmental Organizations, Kenneth Anderson Jan 2001

The Limits Of Pragmatism In American Foreign Policy: Unsolicited Advice To The Bush Administration On Relations With International Nongovernmental Organizations, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

The Bush Administration has tended to see international nongovernmental organizations in a pragmatic way, as functionally the international equivalent of domestic "volunteer" organizations. This article argues that the Bush Administration ought to see international nongovernmental organizations as organizations seeking to substitute so-called "international civil society," on the one hand, and public international organizations, on the other, for the authority of democratically sovereign states. Looking beyond the particular issues on which international NGOs press political agendas - human rights, environmentalism, etc. - the function of international NGOs is to delegitimize democratic sovereignty in favor of liberal internationalism. The article argues that …


Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Luis Fuentes-Rohwer, Guy-Uriel E. Charles Jan 2001

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.


What's So Bad About Bush V. Gore? An Essay On Our Unsettled Election, Louis Michael Seidman Jan 2001

What's So Bad About Bush V. Gore? An Essay On Our Unsettled Election, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

There is a chance that Bush v. Gore may begin a process of laying a more attractive and realistic foundation for constitutionalism than the Official Story provides. The very fact that the Court is not politically independent and that it could not settle the matter in a disinterested, apolitical fashion might set us down a path toward a more mature version of constitutional law. The politically tendentious character of the Coon's reasoning demonstrates that our core constitutional commitments are subject to political manipulation. Ironically, public understanding of this malleability makes our politics more, rather than less, inclusive. It does so …


Reconstructing The Rule Of Law, Robin West Jan 2001

Reconstructing The Rule Of Law, Robin West

Georgetown Law Faculty Publications and Other Works

The action taken in Bush v. Gore by the five conservative Justices on the United States Supreme Court, Bugliosi argued, was not just wrong as a matter of law, but criminal: It was a malem in se, fully intended, premeditated theft of a national election for the Presidency of the United States. Now, as Balkan and Levinson would argue, this seventh, "prosecutorial" response -- that the Court's action was not just wrong but criminal -- is also not available to a devotee of either radical or moderate indeterminacy. Even assuming both criminal intent and severe harm-a wrongful, specific intent to …


Foreword, Thomas A. Eaton Jan 2001

Foreword, Thomas A. Eaton

Georgia Law Review

It has long been accepted that deterrence and vindication are two of the primary purposes of the body of law we know as "constitutional torts." Justices of every ideological stripe have acknowledged deterrence and vindication as the legitimate objectives of suits against governments and government officials who violate a person's constitutional rights. Justices with philosophies as divergent as Brennan's and Scalia's agree that civil rights actions serve an essential vindicatory function.' Justices Breyer, O'Connor, Blackmun, White, Marshall, and Powell have authored opinions that embrace the deterrent effect of such actions. The acceptance of deterrence and vindication as the twin goals …


In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles Jan 2001

In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles

Georgia Law Review

I will argue in this Essay that there are a number of reasons to expect that the imposition of constitutional tort damage awards against individual officers or their municipal employers does have a deterrent effect on the behavior of these governmental actors and entities. In Part I, I will focus on the ways in which the imposition of constitutional tort remedies against an individual officer does deter. While Professor Levinson decries the inability of the law and economics paradigm to explain government actors' response to constitutional tort damages, he fails to meaningfully account for the role of the qualified immunity …


Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff, Samuel Issacharoff Jan 2001

Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff, Samuel Issacharoff

University of Colorado Law Review

No abstract provided.


Reanalyzing Bush V. Gore: Democratic Accountability And Judicial Overreaching, George L. Priest Jan 2001

Reanalyzing Bush V. Gore: Democratic Accountability And Judicial Overreaching, George L. Priest

University of Colorado Law Review

No abstract provided.


The Practice Of Redistricting, Gene R. Nichol, Jr. Jan 2001

The Practice Of Redistricting, Gene R. Nichol, Jr.

University of Colorado Law Review

No abstract provided.


Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches Jan 2001

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

Publications

No abstract provided.


Politics And Denial, Pierre Schlag Jan 2001

Politics And Denial, Pierre Schlag

Publications

No abstract provided.


How Democratic Are Initiatives?, Richard B. Collins Jan 2001

How Democratic Are Initiatives?, Richard B. Collins

Publications

No abstract provided.


Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman Jan 2001

Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman

Articles

The Supreme Court's decision in Bush v. Gore, shutting down the recounts of Florida's vote in the 2000 presidential election and effectively awarding the election to George W. Bush, has struck many observers, including myself, as outrageous.' Decisions of the Supreme Court should be more than mere reflections of ideological or partisan preference thinly camouflaged behind legalistic language. It would therefore be pleasant to be able to believe that they are more than that. Accordingly, Judge Richard Posner's analysis,2 in which he defends the result reached by the Court-though not the path by which it got there-is particularly welcome. Though …


The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz Jan 2001

The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz

Articles

No abstract provided.