Law and Politics Commons^™

Aaron Burr And The Electoral Tie Of 1801: Strict Constitutional Construction, Jennifer Van Bergen

Cardozo Public Law, Policy & Ethics Journal

The article challenges the traditional portrayal of Aaron Burr as a schemer in the 1801 electoral tie, arguing that Burr acted with constitutional integrity and principle, unlike Thomas Jefferson, who resorted to political deals. Burr's strict adherence to the Constitution and his refusal to interfere with the electoral process are framed as honorable, while Jefferson's actions are criticized as unconstitutional. The analysis suggests that Burr has been unfairly vilified and offers a counter-narrative to the conventional view of Burr as a villain, emphasizing his commitment to constitutional principles over party loyalty.

Hybridizing Citizenship, Kathryn Abrams

University of Richmond Law Review

No abstract provided.

Vouchers And Buckley: The Need For "Regime Change", Richard L. Hasan

University of Richmond Law Review

No abstract provided.

Political Realities And Unintended Consequences: Why Campaign Finance Reform Is Too Important To Be Left To The Lawyers, Kenneth R. Mayer

University of Richmond Law Review

No abstract provided.

Response To Voting With Dollars: A New Paradigm For Campaign Finance, Fred Wertheimer, Alexandra T.V. Edsall

University of Richmond Law Review

No abstract provided.

Dollars And Sense: A "New Paradigm" For Campaign Finance Reform?, Daniel A. Farber

University of Richmond Law Review

No abstract provided.

Voting With Cues, Elizabeth Garrett

University of Richmond Law Review

No abstract provided.

Why A New Paradigm?, Bruce Ackerman, Ian Ayres

University of Richmond Law Review

No abstract provided.

Caesar, Succession, And The Chastisement Of Rulers, Patrick Martin, John M. Finnis

Journal Articles

Julius Caesar's reign as dictator and praefectus morum for life ended with his assassination in 44 B.C. It was preceded by over four hundred years of consular rule, a system of executive government by two consuls, elected for a one-year term. Consular government began in 509 B.C., ending the hundred-year rule of the Tarquin kings. Three works printed in 1594 recalled for English readers the overthrow of the Tarquins and the establishing of consular government. One was dedicated to the Earl of Essex. Another, by William Shakespeare, was dedicated to Essex's close companion, the Earl of Southampton. The third work …

Barriers To Participation, Trevor Potter, Marianne H. Viray

University of Michigan Journal of Law Reform

Despite the nation's founding commitment to participatory democracy, many barriers to candidate and public participation in the electoral process are damaging the public's confidence that our elections are fair and open to full participation by candidates and voters.

The nominating processes created by the two major parties mainly serve the goals of party "insiders" and the more politically extreme factions, at the expense of competition and public confidence in the two-party system. At the same time, barriers to minor party and independent candidates-closed primaries, excessive early-voter registration requirements and complicated state primary and general ballot access requirements-operate to foreclose the …

Keeping Up With The Neighbours: Canadian Responses To 9/11 In Historical And Comparative Context, Reg Whitaker

Osgoode Hall Law Journal

The impact of 9/11 on Canada is assessed in historical context, in relation to the coming of the Cold War in the 1940s and the October 1970 Le Front de Liberation du Quebec terrorist crisis in Quebec. Canadian policy responses to 9/11 are then considered in the comparative context of responses from Canada's closest neighbours, the United States and the United Kingdom. Although to some degree, Canada can be seen to be trying to 'keep up with the neighbours', Canadian responses are more determined by specifically Canadian requirements, especially the need to protect Canadian sovereignty and economic security from the …

On The Moral Justifiability Of Terrorism (State And Otherwise), Kai Nielsen

Osgoode Hall Law Journal

Characterizes and discusses terrorism and considers when, if ever, terrorism might be morally justified. Focuses on "state terrorism" arguing that it is the main engine for creating and sustaining other forms of terrorism.

Civil Resistance And The Diversity Of Tactics In The Anti-Globalization Movement: Problems Of Violence, Silence, And Solidarity In Activist Politics, Janet Conway

Osgoode Hall Law Journal

This article examines the (re)emergence of large-scale civil disobedience and the accompanying debates about violence and non-violence in the contemporary anti-globalization movement. Rooted in the Canadian movement but in conversation with wider debates, the article tracks movement practices and debates from the Battle of Seattle through to the Quebec Summit. The debate took a new turn in Genoa, with massive police brutality and the killing of a protester, and again following the events of September 11, 2001. The central argument of the article is that the new forms of civil resistance embody a critique of prevailing forms of organization, participation, …

Appellate Judicial Appointments During The Clinton Presidency: An Inside Perspective, Sarah Wilson

The Journal of Appellate Practice and Process

No abstract provided.

Confirmation Gridlock: The Federal Judicial Appointments Process Under Bill Clinton And George W. Bush, John Anthony Maltese

The Journal of Appellate Practice and Process

No abstract provided.

The Vote On Bilingual Education And Latino Identity In Massachusetts, Jorge Capetillo-Ponce

Gastón Institute Publications

In November 2002, the Massachusetts electorate voted overwhelmingly to pass Referendum Ballot Question 2 (Q. 2), sponsored by California millionaire Ron Unz. The passage of this initiative by close to 70% of the voters effectively ended bilingual education in the state as it had been known for thirty years. Exit polling done at selected cities in Massachusetts by the Mauricio Gaston Institute and UMass Poll revealed, however, that out of a total 1,491 Latinos polled, a vast majority of them, around 93%, had voted in favor of rejecting Q. 2 and keeping bilingual education in place.

Indeed, Q. 2 became …

Invisible Foundations: Science, Democracy, And Faith Among The Pragmatists, Patrick J. Deneen

Pragmatism, Law and Governmentality

Today science is almost universally regarded as an ally of democracy. Religion - once viewed by Tocqueville as the great support of democratic mores, in contrast to the materialism of then-contemporary atheists who threatened to undermine democratic commitments - is now viewed by many as antithetical to the openness and provisionality that marks both science and democracy. As framed by the neo-pragmatist Richard Rorty, religion is a "conversation-stopper," the very definition of anti-democratic, anti-scientific anti-pragmatism.

Whereas a pragmatic form of faith, notably "democratic faith," secures belief in an ever improving future, the "politics of skepticism" is reinforced by the initial …

Popular Rogues: Citizen Opinion About Political Corruption, Darrell M. West, Katherine Stewart

New England Journal of Public Policy

Trust in the honesty of public officials is a crucial condition for stable democratic systems. Yet despite the presumed centrality of honesty in government, there has been a long tradition of “popular rogues” who are considered dishonest and corrupt, but retain popularity for their strong and effective leadership. In this paper, we look at the phenomenon of popular rogues using the case of the former Mayor Buddy Cianci of Providence, Rhode Island. With data from two statewide Rhode Island opinion surveys (one before the trial and the other at its end), we present a “teeter-totter” model of public opinion whereby …

The Internet And The Persistence Of Law, Justin Hughes

Articles

Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …

Rex E. Lee Conference On The Office Of The Solicitor General Of The United States

BYU Law Review

No abstract provided.

New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown

Washington and Lee Law Review

No abstract provided.

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner

University of Richmond Law Review

No abstract provided.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin

University of Richmond Law Review

No abstract provided.

Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen

University of Richmond Law Review

No abstract provided.

Pressure Of The Popular: Presidential Prestige And The High Court, Timothy W. Clark

William Mitchell Law Review

Review of Popular Justice: Presidential Prestige and Executive Success in the Supreme Court. By Jeff Yates. State University of New York Press, 2002. 131 pages. $17.95.

Corporate Advertising's Democracy, Bruce Ledewitz

Ledewitz Papers

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

The Promise Of Democracy, Bruce Ledewitz

Ledewitz Papers

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

The Trouble With Shadow Government, Howard M. Wasserman

Faculty Publications

No abstract provided.