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Articles 61 - 90 of 142
Full-Text Articles in Law and Politics
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis
ExpressO
This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …
State Legislation As A Fulcrum For Change: Wisconsin's Public Sector Labor Law, And The Revolution In Politics And Worker Rights, Joseph E. Slater
State Legislation As A Fulcrum For Change: Wisconsin's Public Sector Labor Law, And The Revolution In Politics And Worker Rights, Joseph E. Slater
ExpressO
The rise of public sector unions is one of the most significant but least examined movements for legal rights and social change. Through the 1950s, government employees typically had no right to bargain collectively or even to organize unions–rights often regarded as fundamental human rights–and public sector unions were small and relatively powerless. Yet today, unions represent more than 40 percent of all public workers, government employees make up about 40 percent of the entire U.S. labor movement, and public sector unions are among the strongest political advocacy groups in the country. This became possible only through a revolution of …
Social Security, Generational Justice, And Long-Term Deficits, Neil H. Buchanan
Social Security, Generational Justice, And Long-Term Deficits, Neil H. Buchanan
Rutgers Law School (Newark) Faculty Papers
This paper assesses current methods for evaluating the long-term viability and desirability of government activities, especially Social Security and other big-ticket budget items. I reach four conclusions: (1) There are several simple ways to improve the current debate about fiscal policy by adjusting our crude deficit measures, improvements which ought not to be controversial, (2) Separately measuring Social Security’s long-term balance is inappropriate and misleading, (3) The methods available to measure very long-term government financing (Fiscal Gaps and their cousins, Generational Accounts) are of very limited value in setting public policy today, principally because there is no reliable baseline of …
Appellate Court Appointments In The Second Bush Administration, Carl Tobias
Appellate Court Appointments In The Second Bush Administration, Carl Tobias
University of Richmond Law Review
No abstract provided.
Standards Of The Supreme Court, John Cornyn
Standards Of The Supreme Court, John Cornyn
University of Richmond Law Review
No abstract provided.
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman
University of Richmond Law Review
No abstract provided.
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
Why Nuclear Disarmament May Be Easier To Achieve Than An End To Partisan Conflict Over Judicial Appointments, David S. Law, Sanford Levinson
University of Richmond Law Review
No abstract provided.
Falsities On The Senate Floor, John Cornyn
Falsities On The Senate Floor, John Cornyn
University of Richmond Law Review
No abstract provided.
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
No Constitutional Right To A Rubber Stamp, Richard J. Durbin
University of Richmond Law Review
No abstract provided.
Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke
Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke
Nevada Law Journal
No abstract provided.
Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla
Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Judicial Selection As . . . Talk Radio, Michael J. Gerhardt
Judicial Selection As . . . Talk Radio, Michael J. Gerhardt
University of Richmond Law Review
No abstract provided.
Collection Of Senator Cornyn's Articles On Federal Judicial Selections Introductory Letter, John Cornyn
Collection Of Senator Cornyn's Articles On Federal Judicial Selections Introductory Letter, John Cornyn
University of Richmond Law Review
No abstract provided.
Debunking Double Standards, John Cornyn
Debunking Double Standards, John Cornyn
University of Richmond Law Review
No abstract provided.
A Positive Theory Of The War Powers Constitution, Jide O. Nzelibe
A Positive Theory Of The War Powers Constitution, Jide O. Nzelibe
ExpressO
This Article explores the division of war-making authority between the President and Congress through the prism of positive political theory. For the most part, the scholarly treatment of the war-powers debate has been normative with various commentators offering various textual or functional accounts of what the proper allocation of war-making authority should be. This Article provides a positive account of the war-making powers by focusing on the domestic political constraints that the political branches face in the context of an imminent international crisis. This Article argues that the presidential decision to seek congressional authorization is determined by a two-level strategic …
What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu
What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu
ExpressO
Over the thirty-seven years since its publication, Garden Hardin's "Tragedy of the Commons" has clearly become one of the most influential writings of all time. The tragedy of the commons is one of those rare scholarly ideas that has had an enormous impact in academia and is also commonly used outside of academia. In legal scholarship, the tragedy of the commons has been used to characterize a wide variety of resource problems, including intellectual property rights, overcrowding of telecommunications spectra, air and water pollution, and of course, the classic environmental commons problem, overfishing. But I suggest this embarrassment of citation …
Awakening An Empire Of Liberty: Exploring The Roots Of Socratic Inquiry And Political Nihilism In American Democracy, Maurice R. Dyson
Awakening An Empire Of Liberty: Exploring The Roots Of Socratic Inquiry And Political Nihilism In American Democracy, Maurice R. Dyson
ExpressO
This book review timely examines Cornel West’s latest sequel to his 1992 best seller, Race Matters. In Democracy Matters, West unflinchingly examines the waning of democratic energies and nihilistic practices of private and public sector in our present age of democracy. This review takes a critical examination of the logic underpinning West’s arguments, his nomenclature of various nihilism plaguing our society, the sometimes clumsy employment of literary devices and his thesis regarding the ‘niggerization’ of America after 9/11 that can serve as a basis for unifying collective action against imperialism. West makes a compelling argument that the public needs to …
‘More Loophole Than Law’: A Case For The Repeal Of I.R.C. § 527, Mark E. Schlegel
‘More Loophole Than Law’: A Case For The Repeal Of I.R.C. § 527, Mark E. Schlegel
ExpressO
This note advocates the repeal of I.R.C. § 527, which provides a tax exemption for organizations involved in election-related activity. The groups which operated under § 527 in the 2004 election include the Swift Boat Veterans for Truth, MoveOn.org, and American Coming Together. The note discusses how § 527 escaped regulation under both the Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002 (popularly known as McCain-Feingold). It examines the political reasons why the Federal Election Commission has not attempted to reform § 527. As a result, 527 groups have acted largely without federal oversight …
Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee
Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee
College of Law - Faculty Scholarship
In the United States, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted - and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politics, how can one be sure that all the talk of law is not just mummery designed to disguise the pursuit of partisan …
Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz
Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Present And Future Of Federalism, Bruce Ledewitz
The Present And Future Of Federalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang
After Georgia V. Ashcroft: The Primacy Of Proportionality, Felix B. Chang
Faculty Articles and Other Publications
This Note argues that the majority in Ashcroft have left courts with an unadministerable standard-not so much for reasons that Justice Souter articulated in his dissent, but rather because the Court provided no guidance on navigating around the myriad of factors in the convoluted totality analyses. Part I examines two cases after Ashcroft which represent different degrees of racial vote dilution: Shirt v. Hazeltine and Session v. Perry. Through other post-Ashcroft cases, Part II teases out the differences (i) between influence districts as injury and remedy and (ii) between a jurisdiction's Section 5 and Section 2 obligations--details closely related …
Uncertainty Maintained: The Split Decision Over Partisan Gerrymanders In Vieth V. Jubelirer, Michael Weaver
Uncertainty Maintained: The Split Decision Over Partisan Gerrymanders In Vieth V. Jubelirer, Michael Weaver
Loyola University Chicago Law Journal
No abstract provided.
Justice And Truth In Political Discourse, John L. Mccormack
Justice And Truth In Political Discourse, John L. Mccormack
Loyola University Chicago Law Journal
No abstract provided.
What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu
What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Cheers, Profanity, And Free Speech, Howard M. Wasserman
Cheers, Profanity, And Free Speech, Howard M. Wasserman
Faculty Publications
No abstract provided.
The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer
The Mccain-Feingold Coordination Rules: The Ongoing Program To Keep Politics Under Control, Robert F. Bauer
Fordham Urban Law Journal
The article begins with a brief introduction to McCain-Feingold which restricts "coordination" and intends to enforce limits on contributions to candidates and parties. It then goes through a history of coordination. It then goes through some aspects of McCain-Feingold and concludes by stating the aftermath of McCain-Feingold and how its rules are meant to provide order to politics.
An Analysis Of The 2004 Nader Ballot Access Federal Court Cases, Richard Winger
An Analysis Of The 2004 Nader Ballot Access Federal Court Cases, Richard Winger
Fordham Urban Law Journal
The article begins by stating that voters ability to vote for minor party candidates for presidential elections have generally been protected by federal courts as long as they have gotten some media exposure, and Ralph Nader, after not having received this protection attempted to file for injunctions in federal courts. It then goes through Naders claims and suits, including against a discriminatory number of signatures, whether out of state circulators may work, his North Carolina and Ohio write-in lawsuits. The articles conclusion is that federal courts did a poor job in deciding whether to grant Nader injunctive relief and how …
Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh
Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh
UIC Law Review
No abstract provided.
The Presumed Alliance: The Unspoken Conflict Between Latinos And Blacks And What It Means For America , Leeann O’Neill
The Presumed Alliance: The Unspoken Conflict Between Latinos And Blacks And What It Means For America , Leeann O’Neill
The Modern American
No abstract provided.