Law and Politics Commons^™

Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney

The Ohio State University Moritz College of Law Working Paper Series

This article contributes to an ongoing debate about the feasibility and desireability of measuring the "merit" of appellate judges--and their consequent Supreme Court potential--by using objective performance variables. Relying on the provocative and controversial "tournament criteria" proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the "Supreme Court potential" of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two men's careers on the …

Ways Of Being Singular: The Logic Of Individuality, Robert Berman

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's systematic logical account of individuality, arguing that it provides a foundational framework for understanding the concept through a set-theoretical interpretation. It identifies four conceptions of individuality—minimal, exclusivity, virtuosity, and novelty—and examines how Hegel's logic of individuality, as part of his broader philosophical system, offers a structured approach to reconciling these ideas. The article contends that the virtuosity model, which balances normative criteria with inclusivity, best aligns with Hegel's account, emphasizing the unity of universality and particularity in defining individuality.

The Enduring Significance Of State Sovereignty, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Legal Pragmatism, An Ideal Speech Situation, And The Fully Embodied Democratic Process, Dmitri N. Shalin

Nevada Law Journal

No abstract provided.

The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow

Nevada Law Journal

No abstract provided.

Hope And Misgiving About Lawyers, Consensus-Building, And Social Problem-Solving, Jennifer Gerarda Brown

Nevada Law Journal

No abstract provided.

Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

The Bright Future Of Gay Marriage, Bruce Ledewitz

Ledewitz Papers

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

Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck

BYU Law Review

No abstract provided.

Identity Politics And The Second Amendment, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Three Concepts Of Church Autonomy, Ronald R. Garet

BYU Law Review

No abstract provided.

The Autonomy Of Church And State, Brett G. Scharffs

BYU Law Review

No abstract provided.

True Believers Or Moral Absolutists, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The recent American presidential elections brought to the fore the question of what place moral values have in public decision-making when traditional moral values are not espoused by all in a pluralist society. Even if traditional values - seen as absolutist - are imposed on others through a democratic electoral process, that imposition, particularly in hot button issues like abortion and same-sex marriage, remains difficult to accept.

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.

As We Shape Our Destiny: Where Is Your Voice?, St Mary's University

President's Peace Commission - Programs

The President’s Peace Commission existed from 1984 to 2013 at St. Mary's University. The Commission fostered an ethical commitment to participate in the establishment of world peace and social justice.

This program is about civic engagement, international opportunities and political responsibility.

Essay: New Political And Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively, Maxim Thorne

ExpressO

Maxim Thorne, a Yale Law School Graduate of 1992, writes an essay derived from his address delivered on October 1, 2004 at the thirty-fifth anniversary of the African-American Cultural Center at Yale University, entitled "New Political and Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively." He presents Seven Strategies that African Americans should use to secure power and justice in America: 1) Go Home, 2) Public Schools Aren’t Our Only Option and other paradigm shifting legal arguments 3) Draw On the Power of Older Women of Color, 4) Network Your Heart Out, Giving Time, Advice, and Money, 5) Honor Our …

Fear And Risk In 'Times Of Crisis': The Media's Challenge, Richard C. Reuben

Faculty Publications

As we have heard time and again during this conference, perspective is a crucial safeguard against the distorting effect of fear. While space and consumer patience may be thin, it is during times of crisis that the media's capacity to provide context becomes most important. This is part of the challenge of risk communication. Editors need to insist on this perspective rather than trying to cut it out if the story still reads, and reporters need to learn how to write about it effectively as well as compellingly. None of these challenges is easy. Institutional reform never is. But I …

A Legislative Strategy Conditioned On Corruption: Regulating Campaign Financing After Mcconnell V. Fec, Bryan R. Whitaker

Indiana Law Journal

No abstract provided.

Unlv Magazine, Holly Ivy De Vore, Nancy Syzdek, Patrice E.M. Hollrah, Douglas Unger, Eugene Moehring, Gillian Silver, John F. Gallagher, Lori Bachand, Gian Galassi, Hal Rothman, Mark Hoversten, Phil Hagen, Donna Mcaleer, Suzan Dibella

UNLV Magazine

No abstract provided.

Job Security And Bargaining Rights Of Federal Government Employees, Mark D. Roth, Gony Frieder, Anne Wagner

University of the District of Columbia Law Review

From the beginning of his administration, President George Walker Bush undertook to curtail employment rights, particularly those previously enjoyed by federal government workers. In the wake of the September 11th attacks, however, the Bush Administration was able to launch a full-scale attack on federal employment rights under the guise of national security. While the expansion of government power in the name of national security has come under substantial media and political scrutiny, much of this attention has focused on the threat posed to individual rights. Increased federal power under the USA PATRIOT Act' and other measures2 ostensibly intended to enhance …

Rethinking Regulatory Democracy, Mariano-Florentino Cuellar

ExpressO

This article empirically examines democratic participation in three different regulatory proceedings, involving financial privacy, nuclear regulation, and campaign finance. It then uses that analysis to critique -- and suggest alternatives to -- existing mechanisms to achieve public participation in the regulatory state. The current mechanism for structuring public participation in regulatory decisions (or “regulatory democracy”) relies on demand-driven procedures like the Administrative Procedure Act’s notice and comment process. Organized interests and others who decide they have sufficient resources and interest to do so comment on regulations. While some observers consider this process close to ideal, others instead seem to accept …

Toward A Small Donor Democracy: The Past And Future Of Incentive Programs For Small Political Contributions, Thomas J. Cmar

ExpressO

Political contribution incentive programs are a promising, under-explored means to address the problem of political equality in the American system of campaign finance. If properly designed, these programs -- which include tax credits, refunds, and vouchers -- could allow all Americans to participate on an equal basis in the crucial early-stage decisions that determine which candidates decide to run and are able to compete effectively. This article, written on behalf of U.S. PIRG, proposes a tax credit for political contributions as a first step toward building a "small donor democracy."

A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift

ExpressO

In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?

This article discusses the competing theories and concludes that a remedy that violates state law may …

A Case Study In The Banning Of Political Parties: The Pan-Arab Movement El Ard And The Israeli Supreme Court, Ron Harris

ExpressO

Attempts to outlaw political groups that are alleged to approve the use of violence, to limit the expression of views that challenge the core values of democratic nation-states, and to ban radical, separatist, or religious political parties are more widespread in recent years than at any other time since 1945. They gave rise in the last few years to litigation in Constitutional Courts and Supreme Courts in Spain, Germany, Turkey, France, Israel, and Latvia, as well as in the European courts.

The present article tells the story of the encounter in the years 1959-1965 between the Pan-Arab national movement El …

Shakedown At Gucci Gulch: A Tale Of Death, Money & Taxes, Edward J. Mccaffery, Linda R. Cohen

ExpressO

Ever since Mancur Olson's The Logic Of Collective Action was published in 1965, if not before, the traditional conception of politics in Western democracies has given pride of place to special interests -- small groups with high stakes -- seeking favors from legislators. These groups are able to solve the coordination and free-rider problems that plague larger group interests, and get their way in Congress and other legislative bodies by doling out campaign contributions and other benefits. The groups are the predator, legislators the prey. In this article we argue that in an important range of cases, the traditional conception …

The Same Side Of Two Coins: The Peculiar Phenomenon Of Bet-Hedging In Campaign Finance, Jason Cohen

ExpressO

The paper addresses the propensity of large donors to give to competing candidates or competing party organizations during the same election cycle – for example, giving money to both Bush and Kerry during the 2004 presidential race – a practice here termed 'bet-hedging.' Bet-hedging is analyzed in strategic and game-theoretic terms. The paper explores the prevalence of bet-hedging, the possible motivations behind the practice, and the informational concerns surrounding it. The paper argues that bet-hedging, out of all donation practices, carries with it a uniquely strong implication of ex post favor-seeking: if a donor prefers one side over the other, …

The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz

ExpressO

Prompted by the litany of complaints about corporate boards – as once again highlighted by recent corporate scandals – this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …

Evolution, Politics And Law, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Liking To Be In America: Puerto Rico's Quest For Difference In The United States, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne

Cardozo Journal of International and Comparative Law

The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger …