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2002

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Articles 1 - 30 of 82

Full-Text Articles in Law and Politics

What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens Dec 2002

What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens

Articles

No abstract provided.


Winking At Jubelirer’S Maneuvers, Bruce Ledewitz Oct 2002

Winking At Jubelirer’S Maneuvers, Bruce Ledewitz

Ledewitz Papers

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


The Jurisprudence And Politics Of Forum-Selection Clauses, Erin O'Hara O'Connor Oct 2002

The Jurisprudence And Politics Of Forum-Selection Clauses, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.


A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon Oct 2002

A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon

The Journal of Appellate Practice and Process

No abstract provided.


Procedure, Politics, And Power, Stephen B. Burbank Sep 2002

Procedure, Politics, And Power, Stephen B. Burbank

Journal of Legal Education

No abstract provided.


Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland Sep 2002

Arising Under Jurisdiction In The Federalism Renaissance: Verizon Maryland Inc. V. Public Service Commission Of Maryland

BYU Law Review

No abstract provided.


The Guatemalan Ways Of Death, Kenneth Anderson Aug 2002

The Guatemalan Ways Of Death, Kenneth Anderson

Book Reviews

Book review of Allen J. Christenson, Art and Society in a Highland Maya Community; Garrett W. Cook, Renewing the Maya World: Expressive Culture in a Highland Town; Diane M. Nelson, A Finger in the Wound: Body Politic in Quincentennial Guatemala; June C. Nash, Mayan Visions: The Quest for Autonomy in an Age of Globalization.


The Congressional Oath Of Office: Responses To Congressman Vic Snyder, Dale Bumpers, Bob Filner, J. Dennis Hastert, Blanche Lambert Lincoln, David E. Price Jul 2002

The Congressional Oath Of Office: Responses To Congressman Vic Snyder, Dale Bumpers, Bob Filner, J. Dennis Hastert, Blanche Lambert Lincoln, David E. Price

University of Arkansas at Little Rock Law Review

No abstract provided.


The Aftermath Of September 11, 2001: The Targeting Of Arabs And Muslims In America, Susan M. Akram Jul 2002

The Aftermath Of September 11, 2001: The Targeting Of Arabs And Muslims In America, Susan M. Akram

Faculty Scholarship

THE DEMONIZING OF ARABS AND Muslims in America began well before the terrible tragedy of September 11, 2001. It can be traced to deliberate mythmaking by film and media,2 stereotyping as part of conscious strategy of 'experts' and polemicists on the Middle East,3 the selling of a foreign policy agenda by US government officials and groups seeking to affect that agenda,4 and a public susceptible to images identifying the unwelcome 'other* in its midst.5 Bearing the brunt of these factors are Arab and Muslim non-citizens in this country. A series of government laws and policies since …


The Political Economy Of School Choice, Michael Heise, James E. Ryan Jun 2002

The Political Economy Of School Choice, Michael Heise, James E. Ryan

Cornell Law Faculty Publications

This paper examines the political economy of school choice and focuses in particular on the role of suburbanites. This group, which we contend is the most important and powerful stakeholder in choice debates, has yet to receive much attention in the commentary. It turns out that suburbanites, by and large, are not wild about school choice, either public or private. Suburbanites are largely satisfied with the schools in their neighborhoods and want to protect the physical and financial independence of those schools (as well as their property values, which are tied to the perceived quality of local schools). School choice …


Premature Predictions Of Multiculturalism?, Kirsten Matoy Carlson May 2002

Premature Predictions Of Multiculturalism?, Kirsten Matoy Carlson

Michigan Law Review

The late twentieth century ushered in a renewed interest in constitutional democracy as Latin American states revised earlier constitutions and post-Communist countries in Eastern Europe wrote new constitutions to reflect their democratic aspirations. Processes of constitution-making continued throughout the 1990s with new constitutions emerging in states throughout Africa, Latin America, and Europe. The rejuvenation of constitution-making also renewed scholarly interest in comparative constitutionalism. Scholars investigating constitution-making processes in Eastern Europe and Africa soon developed theories on how these processes and the contents of national constitutions changed in the late twentieth century. Donna Lee Van Cott contributes to the new literature …


Calculating Compassion, Kathleen Woodward Apr 2002

Calculating Compassion, Kathleen Woodward

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams Apr 2002

Religion, Politics, And Feminist Epistemology: A Comment On The Uses And Abuses Of Morality In Public Discourse, Susan H. Williams

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


Religion, Politics, And The 2000 Presidential Election: A Selective Survey And Tentative Appraisal, Daniel O. Conkle Apr 2002

Religion, Politics, And The 2000 Presidential Election: A Selective Survey And Tentative Appraisal, Daniel O. Conkle

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


2002, Rhetoric And Reality: Human Rights And The World Bank, Korinna Horta Apr 2002

2002, Rhetoric And Reality: Human Rights And The World Bank, Korinna Horta

CAO General 1999-Present

This statement by the World Bank in the context of its support for the largest private sector investment project in sub-Saharan Africa illustrates the problem in a nutshell. Can the world’s most powerful development agency achieve its goal of reducing poverty where political rights are repressed, where freedom of expression and discussion are absent and opposition forces are persecuted? This Article reflects a perspective drawn from the experience of Northern environmental organizations, such as Environmental Defense, which work closely with community groups, church groups, and development and human rights organizations as well as trade unions in many devel¬ oping countries. …


Foreword, Azizah Y. Al-Hibri Apr 2002

Foreword, Azizah Y. Al-Hibri

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater Apr 2002

Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater

The Journal of Appellate Practice and Process

No abstract provided.


Who's In Charge? Appointments Of Latinos To Policymaking Offices And Boards In Massachusetts, Carol Hardy-Fanta Apr 2002

Who's In Charge? Appointments Of Latinos To Policymaking Offices And Boards In Massachusetts, Carol Hardy-Fanta

Gastón Institute Publications

As the Latino population in Massachusetts continues to grow, there has been a corresponding increase in the number of Latinos achieving elected office throughout the state. Twenty years ago there was only one Latino serving in elected office in Massachusetts—Nelson Merced. In 1995, there were only four elected officials who were Latino and no state representatives. Today, through the hard work of candidates, activists, and Latino community activists and organizations, there are three Latinos serving as state legislators, fourteen holding municipal office, and an increasing number of campaigns at all levels of municipal and state government being conducted.

While this …


What Is The European Union?, Ilann Margalit Maazel Mar 2002

What Is The European Union?, Ilann Margalit Maazel

Brigham Young University Journal of Public Law

No abstract provided.


Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport Mar 2002

Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.


Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis Mar 2002

Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis

Articles

This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …


Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland Feb 2002

Brief Of Conference Of Chief Justices As Amicus Curiae Supporting Respondents, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Feb. 19, 2002), ., Roy A. Schotland

U.S. Supreme Court Briefs

No abstract provided.


Brief Amicus Curiae Of The Idaho Conservation League And The Louisiana Environmental Action Network In Support Of Neither Side, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Jan. 17, 2002), John D. Echeverria Jan 2002

Brief Amicus Curiae Of The Idaho Conservation League And The Louisiana Environmental Action Network In Support Of Neither Side, Republican Party Of Minnesota V. Kelly, No. 01-521 (U.S. Jan. 17, 2002), John D. Echeverria

U.S. Supreme Court Briefs

No abstract provided.


Jubelirer’S Jubilee, Bruce Ledewitz Jan 2002

Jubelirer’S Jubilee, Bruce Ledewitz

Ledewitz Papers

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


The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz Jan 2002

The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz

Ledewitz Papers

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


A Vote Cast; A Vote Counted: Quantifying Voting Rights Through Proportional Representation In Congressional Elections, Michael Mccann Jan 2002

A Vote Cast; A Vote Counted: Quantifying Voting Rights Through Proportional Representation In Congressional Elections, Michael Mccann

Law Faculty Scholarship

The current winner-take-all or first-past-the-post system of voting promotes an inefficient market where votes are often wasted. In this system, representatives are selected from a single district in which the candidate with the plurality of votes gains victory. Candidates who appear non-generic can rarely, if ever, expect to receive the most votes in this system. This phenomenon is especially apparent when African-Americans and other minority groups seek elected office. In part because white voters constitute at least a plurality of voters in every state except Hawaii, minorities in the forty-nine other states have had historically little success in gaining election …


A Ghost Is Haunting Europe, Maria Grahn-Farley Jan 2002

A Ghost Is Haunting Europe, Maria Grahn-Farley

Michigan Journal of International Law

Review of Responsible Selves: Women in the Nordic Legal Cultures (Kevät Nousiainen, Åsa Gunnarsson, Karin Lundström, & Johanna Niemi-Kiesiläinen eds.)


A Symposium Précis, Thomas E. Baker Jan 2002

A Symposium Précis, Thomas E. Baker

Faculty Publications

This article is an introduction and overview of the Drake University Law School symposium Judicious Choices: Nominating and Confirming Supreme Court Justices held in March of 2002. It identifies important constitutional law issues in nominating and confirming the President's appointments to Supreme Court Justices in the United States.


Structural Principles And Presidential Succession, Howard M. Wasserman Jan 2002

Structural Principles And Presidential Succession, Howard M. Wasserman

Faculty Publications

No abstract provided.


Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies Jan 2002

Uncertain Arrivals: Immigration, Terror, And Democracy After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.