Law and Politics Commons^™

Should Governments Play Robin Hood? The Effects Of The Repeal Of The Estate Tax On Wealth Apportionment, Mark Bernstein

Cardozo Journal of International and Comparative Law

The note explores the debate surrounding wealth disparity and the effectiveness of taxes, such as the estate tax and net wealth tax, in addressing this issue. It examines the historical and contemporary arguments for and against these taxes, drawing comparisons between the U.S. and countries like Japan, Sweden, and Switzerland. The analysis highlights the tension between reducing wealth inequality and maintaining economic growth, ultimately suggesting that a well-structured net wealth tax could be a viable solution to both redistribute wealth and generate revenue.

The Personality Of U.S. Supreme Court Justice Clarence Thomas, Aubrey Immelman, Jamie Thielman

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of U.S. Supreme Court associate justice Clarence Thomas, from the conceptual perspective of Theodore Millon.

Information concerning Justice Thomas was collected from biographical sources, speeches, and published reports and synthesized into a personality profile using the second edition of the Millon Inventory of Diagnostic Criteria (MIDC), which yields 34 normal and maladaptive personality classifications congruent with Axis II of DSM-IV.

The personality profile yielded by the MIDC was analyzed on the basis of interpretive guidelines provided in the MIDC and Millon Index of Personality Styles manuals. Justice …

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Diamond V. Chakrabarty: Gauging Congress’ Response To Dynamic Statutory Interpretation By The Supreme Court , Anna E. Lumelsky

ExpressO

In this article, I consider the 1980 Supreme Court decision, Diamond v. Chakrabarty, and Congress’ response to it in light of several contemporary views on statutory interpretation. I conclude that in science and technology-related cases in which delay could significantly hamper the advancement of the field, the Supreme Court should interpret federal statutes dynamically in response to a changing social context, but should also attempt to conform its interpretations to legislative preferences in order to avoid a legislative override.

Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson

Journal of Legal Education

No abstract provided.

Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …

Re-Balancing State And Federal Power: Toward A Political Principle Of Subsidiarity In The United States, Jared Bayer

American University Law Review

No abstract provided.

Fuel Efficiency: The Disconnect Between Environmental Policy And Tax Policy, John J. Marciano

ExpressO

The recent high gas prices in America have intensified the debate over oil and gas efficiency, use, and reserves. As the national average for a gallon tops $2.10, Congress and the President strive to find a common position to foster energy independence, protect the environment, and bolster the struggling economy.

President Bush’s energy policy and recent Senate and House bills have not contemplated their effects on the environmental state of our nation or its impact on the internal revenue code. In this time of uncertainty, energy independence and measured use of resources may be at odds, but must we stray …

Modern Bootlegging And The Prohibition On Fair Prices: Last Call For The Repeal Of Pharmaceutical Price Gouging, Luke W. Cleland

ExpressO

This article discusses the recent passage of the Medicare Prescription Drug, Modernization and Improvement Act of 2003, and the executive and judicial decisions affecting the ability of the general public to access foreign pharmaceutical markets. The article examines the recent actions taken by the U.S. government, explore various state movements within the United States aimed at reducing pharmaceutical drug prices, outline the process of pharmaceutical drug prices in foreign countries, and advocate for a workable integration of all available mechanisms to feasibly reduce prescription drug prices for the benefit of both U.S. consumers and U.S. drug companies. As avenues to …

Campaign Finance Reform And The Social Inequality Paradox, Yoav Dotan

University of Michigan Journal of Law Reform

The recent landmark decision by the Supreme Court in McConnell v. FEC opens the way for new and more decisive regulation of the vast amounts of private and corporate money poured into the political system. However, the theoretical grounds for campaign finance regulation - as reflected in the Court's opinion - remain highly perplexing. The purpose of the current article is to tie together the evolving constitutional principle of equality in election with modern process theory and to apply them to the field of campaign finance. The inherent tension between the stringent requirement for political equality on the one hand …

Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp

University of Richmond Law Review

No abstract provided.

Try, Try Again: Will Congress Ever Get It Right? A Summary Of Internet Pornography Laws Protecting Children And Possible Solutions, Susan Hanley Kosse

University of Richmond Law Review

No abstract provided.

If It's Hardly Worth Doing, It's Hardly Worth Doing Right: How The Nlra's Goals Are Defeated Through Inadequate Remedies, Robert M. Worster Iii

University of Richmond Law Review

No abstract provided.

Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese

ExpressO

No abstract provided.

Book Review: Analysis Of The Stockholm Convention On Persistent Organic Pollutants, Dru Stevenson

ExpressO

First book review of Marco Olsen's treatise, "Analysis of the Stockholm Convention on Persistent Organic Pollutants"

Rights At United States Borders, Jon Adams

ExpressO

This article explores protections available under the Fourth and Fifth Amendments to the United States Constitution. Contrary to opinions in popular culture, and perhaps even among Customs officials, powers to search, seize, and interrogate at United States border crossings are not unlimited. In the current world climate of security and threat, a discussion regarding the level of intrusiveness available to a zealous Customs agent appears particularly relevant. The article addresses the requirements for search, seizure, and interrogation, as well as the lawful conditions and limits upon each activity.

Overview Of Legal Systems In The Asia-Pacific Region: India, Navoneel Dayanand

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of India. It further discusses aspects of legal education and legal practice in that country.

What Is Fiscal Responsibility? Long-Term Deficits, Generational Accounting, And Capital Budgeting, Neil H. Buchanan

Rutgers Law School (Newark) Faculty Papers

This article assesses three basic approaches to assessing the future effects of the government’s fiscal policies: traditional measures of the deficit, measures associated with Generational Accounting, and measures derived from applying Capital Budgeting to the federal accounts. I conclude that Capital Budgeting is the best of the three approaches and that Generational Accounting is the least helpful. Acknowledging that there might be some value in learning what we can from a variety of approaches to analyzing fiscal policy, I nevertheless conclude that Generational Accounting is actually a misleading or--at best--empty measure of future fiscal developments. The best approach to providing …

The Cocaine Vaccine, Dru Stevenson

ExpressO

The controversial new cocaine vaccine (TA-CD) has the potential to be an extremely effective treatment tool for recovering addicts, but it also presents opportunities for non-therapeutic uses, such as preventing cocaine use in the first place. It is foreseeable that the cocaine vaccine could become a condition of parole or probation, or receiving welfare payments, or for employment in certain occupations. Universal vaccination is also a possibility but less likely for political reasons. This article investigates each of these areas of potential use. Any setting where mandatory drug testing is currently in place could become a venue for the vaccination. …

Term Limits In State Legislative Elections: Less Value For More Money?, Steven F. Huefner

Indiana Law Journal

No abstract provided.

Antidumping And The Continued Dumping And Subsidy Offset Act Of 2000: A Renewed Debate, Meredith Schutzman

Cardozo Journal of International and Comparative Law

The note critiques the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA), arguing that its redistributive mechanism violates World Trade Organization (WTO) agreements, leading to significant trade tensions and calls for its repeal or amendment.

The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper

Cardozo Journal of International and Comparative Law

The note examines the impact of Quebec's Municipal Merger Law, enacted in 2000, on the Anglophone community, arguing that the law has eroded Anglophone rights, reduced political representation, and exacerbated linguistic tensions. The law, upheld by courts as constitutional, amalgamated 64 municipalities into five megacities, including Montreal, and designated Montreal as unilingually French, contrary to prior bilingual frameworks. The merger process was criticized for its undemocratic nature, lack of public consultation, and disproportionate harm to Anglophone civil service employment. The analysis highlights the long-standing tensions between Anglophone and Francophone communities and explores the high costs and political challenges of reversing …

To Elect Or Not To Elect: A Case Study Ofjudicial Selection In New York City 1977-2002, Steven Zeidman

University of Michigan Journal of Law Reform

This Article examines the process of judicial selection in New York State in light of the recent court decisions in White and Spargo, which have paved the way for increased campaign speech in judicial elections. Relying on empirical data to compare judicial elections and appointments in New York City between 1977 and 2002, the Article finds that elections produce a judiciary that is more beholden to interest groups than one generated through appointments. The consequence of this greater special interest involvement is an erosion of public trust and confidence in the judiciary. Moreover while elections arguably have increased diversity in …

Interpretive Holism And The Structural Method, Or How Charles Black Might Have Thought About Campaign Finance Reform And Congressional Timidity, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Resurrecting The Press Clause, David A. Anderson

ExpressO

No abstract provided.

Courts As Forums For Protest, Jules Lobel

ExpressO

For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary’s role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular rights. The public law or structural reform litigation emphasized the judiciary’s role in implementing social change and not simply ordering private relationships.

The ongoing debate between these two views of the judicial role has obscured a third model of the role of courts in a democratic society; a model that has been ignored by legal scholars and viewed as illegitimate by some courts. That …

The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson

ExpressO

No abstract provided.

Something Fishy, Tamara R. Piety

ExpressO

The story of how one law professor encountered "Moby-Dick" and found therein a reading that offered an opportunity to introduce students to several general themes that resound in the study of law including the question of the function of law, the role of interpretation by analogy, formalism and many others.

The Drafting Of A Constitution For The European Union: Europe's Madisonian Moment Or A Moment Of Madness?, Grainne De Burca

Washington and Lee Law Review

No abstract provided.

Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller

Washington and Lee Law Review

No abstract provided.