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2016

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Articles 91 - 120 of 263

Full-Text Articles in Law and Politics

Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba Apr 2016

Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba

Georgia Journal of International & Comparative Law

No abstract provided.


Discussion On The Control And Sale Of Arms, Henry C. Lauerman, Robert E. Clute Apr 2016

Discussion On The Control And Sale Of Arms, Henry C. Lauerman, Robert E. Clute

Georgia Journal of International & Comparative Law

No abstract provided.


Transfer Of Arms To Combatants And The Control Of Force: The Arab-Israeli Case, David P. Forsythe Apr 2016

Transfer Of Arms To Combatants And The Control Of Force: The Arab-Israeli Case, David P. Forsythe

Georgia Journal of International & Comparative Law

No abstract provided.


Discussion On The Problem Of Defining Aggression, Salo Engel, James L. Taulbee Apr 2016

Discussion On The Problem Of Defining Aggression, Salo Engel, James L. Taulbee

Georgia Journal of International & Comparative Law

No abstract provided.


The 25th U.N. General Assembly And The Use Of Force, Dean Rusk Apr 2016

The 25th U.N. General Assembly And The Use Of Force, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


The Legal Control Of The Use Of Force And The Definition Of Aggression, Donald C. Piper Apr 2016

The Legal Control Of The Use Of Force And The Definition Of Aggression, Donald C. Piper

Georgia Journal of International & Comparative Law

No abstract provided.


The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi Apr 2016

The Second Dimension Of The Supreme Court, Joshua B. Fischman, Tonja Jacobi

William & Mary Law Review

Describing the Justices of the Supreme Court as “liberals” and conservatives” has become so standard— and the left-right division on the Court is considered so entrenched— that any deviation from that pattern is treated with surprise. Attentive Court watchers know that the Justices are not just politicians in robes, deciding each case on a purely ideological basis. Yet the increasingly influential empirical legal studies literature assumes just that— that a left-right ideological dimension fully describes the Supreme Court. We show that there is a second, more legally-focused dimension of judicial decision making. A continuum between legalism and pragmatism also divides …


Ethical Choices: Contested Case Procedures And Judicial Review Applicable To Politicians Versus Other Regulated Actors, Amy Bresnen Apr 2016

Ethical Choices: Contested Case Procedures And Judicial Review Applicable To Politicians Versus Other Regulated Actors, Amy Bresnen

Journal of the National Association of Administrative Law Judiciary

The general purpose of this paper is to provide law students and young lawyers with an overview for accessing, in the context of Texas agencies, these legislatively-delegated adjudicative, or quasijudicial, powers and explain how agency contested case decisions are reviewed by the courts. This is important for lawyers to understand in representing a client, be it an individual or entity, whose interests are affected by administrative proceedings within regulatory agencies. To accomplish this goal, the paper discusses the two most common methods of judicial review and contrasts the standard proceedings for contested cases at the State Office of Administrative Hearings …


Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin Apr 2016

Does The 'Mcconnell Principle' Make Sense?, Jeffrey Bellin

Popular Media

No abstract provided.


The Law Of Outer Space, Robert E. Clute Apr 2016

The Law Of Outer Space, Robert E. Clute

Georgia Journal of International & Comparative Law

No abstract provided.


International Law From A Functional Perspective, Michael Barkun Apr 2016

International Law From A Functional Perspective, Michael Barkun

Georgia Journal of International & Comparative Law

No abstract provided.


The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro Apr 2016

The Hatch Act Modernization Act: Putting The Government Back In Politics, Shannon D. Azzaro

Fordham Urban Law Journal

No abstract provided.


Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff Apr 2016

Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff

Fordham Urban Law Journal

No abstract provided.


Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise Apr 2016

Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise

Fordham Urban Law Journal

No abstract provided.


The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead Apr 2016

The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead

Fordham Urban Law Journal

No abstract provided.


Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo Apr 2016

Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo

Fordham Urban Law Journal

No abstract provided.


Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda Apr 2016

Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda

Fordham Urban Law Journal

No abstract provided.


Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann Apr 2016

Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann

Fordham Urban Law Journal

No abstract provided.


Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins Apr 2016

Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins

Fordham Urban Law Journal

No abstract provided.


Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram Apr 2016

Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram

Fordham Urban Law Journal

One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market just …


Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse Apr 2016

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse

Fordham Urban Law Journal

No abstract provided.


Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta Apr 2016

Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta

Fordham Urban Law Journal

Comparative legal research in property and urban planning law has taken an increasing interest in the policy patterns and legal arguments that municipal bodies and courts employ in the implementation of often radical urban reconfiguration. Aided by geographers, sociologists, and political economists, comparative property law scholars have begun to unearth the justificatory frameworks that underlie and shape these changes in metropolitan urban landscapes and that reveal an interplay between tangible and immediate modes of political constituencies’ interest navigation on the one hand, and deep-seated cultural-historical motivations as well as commitments to transnational strategic and political loyalties, on the other. These …


No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom Apr 2016

No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom

Fordham Urban Law Journal

No abstract provided.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin Apr 2016

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.


The Law On Foreign Investment, Adolfo Arrioja Vizcaino Apr 2016

The Law On Foreign Investment, Adolfo Arrioja Vizcaino

Georgia Journal of International & Comparative Law

No abstract provided.


The Road To The Gettysburg Address, Alfred L. Brophy Apr 2016

The Road To The Gettysburg Address, Alfred L. Brophy

Florida State University Law Review

This Article recovers the forgotten ideas about public constitutionalism in seventy published addresses given at cemetery dedications from Supreme Court Justice Joseph Story’s address at Mount Auburn Cemetery in Cambridge, Massachusetts, in 1831, to the addresses by Edward Everett and Abraham Lincoln at Gettysburg in November 1863. It reveals an important, but forgotten, set of ideas that provided a precedent for Lincoln’s Gettysburg Address. Those addresses, including Lincoln’s, reveal the centrality of constitutional values—as opposed to constitutional text—in framing Americans’ interpretation of the Constitution. Pre-Civil War Americans had a vibrant public discussion of constitutional principles, in addition to constitutional text. …


A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making, Ryan Harrington Apr 2016

A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making, Ryan Harrington

West Virginia Law Review

No abstract provided.


Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd Apr 2016

Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd

Michigan Law Review

Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor, who has championed judicial-election …


The Cyber-Industrial Complex, Connor O’Malley Apr 2016

The Cyber-Industrial Complex, Connor O’Malley

Political Science Theses and Capstones

When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …


Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine, Alisa Gdalina Apr 2016

Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine, Alisa Gdalina

Cardozo Journal of International and Comparative Law

The note argues that Crimea's unilateral secession from Ukraine in 2014 was illegal under both domestic Ukrainian law and international law. It contends that Crimea failed to meet the legal criteria for remedial secession, as it did not suffer the requisite severe and persistent human rights violations or exhaustion of alternatives, and that the secession violated Ukraine's constitutional provisions on territorial integrity.