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Articles 271 - 300 of 357
Full-Text Articles in Law and Politics
The Non-Lawyer Attorney General- Problems And Solutions, Andrew Flavelle Martin
The Non-Lawyer Attorney General- Problems And Solutions, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
In this article, I provide a legal and policy analysis of the non-lawyer Attorney General and recommendations for legislative change. I begin in Part 1 by setting out and assessing Askin and its uptake in the case law and literature. I demonstrate that while the decision in Askin has two major weaknesses, the reasoning is presumably applicable across the country.7 In Part 2, I examine the legal consequences of Askin and its policy or practical consequences. I argue that it threatens the government’s solicitor-client privilege and that it leaves the non-lawyer Attorney General unconstrained by the law of lawyering more …
Political Executive Control Of The Administrative State: How Much Is Too Much?, Conor Casey
Political Executive Control Of The Administrative State: How Much Is Too Much?, Conor Casey
Maryland Law Review
No abstract provided.
Donald Trump, Constitutional Failure, And The Guardrails Of Democracy, Julie Novkov
Donald Trump, Constitutional Failure, And The Guardrails Of Democracy, Julie Novkov
Maryland Law Review
No abstract provided.
No Voice, No Exit, But Loyalty? Puerto Rico And Constitutional Obligation, Guy-Uriel Charles, Luis Fuentes-Rohwer
No Voice, No Exit, But Loyalty? Puerto Rico And Constitutional Obligation, Guy-Uriel Charles, Luis Fuentes-Rohwer
Michigan Journal of Race and Law
The Michigan Law Review is honored to have supported Professors Charles and Fuentes-Rohwer's Essay on the subjugated status of Puerto Rico as an "unincorporated territory." This Essay contextualizes Puerto Rico not as an anomalous colonial vestige but as fundamentally a part of the United States' ongoing commitment to racial economic domination. We are thrilled to highlight this work, which indicts our constitutional complacence with the second-class status of Puerto Rican citizens and demands a national commitment to self-determination for Puerto Rico.
Harry Potter And The Gluttonous Machine, Jason A. Beckett
Harry Potter And The Gluttonous Machine, Jason A. Beckett
Faculty Journal Articles
In this paper, I outline the colonial structure of international law, and examine the short decline or suppression of its coloniality in the so-called ‘era of decolonisation’, then illustrate its resurgence in the modern neo-colonial order. PIL has split into two separate systems. One includes, and is justified by, the heroic tales of human rights and ‘Humanity’s Law’. The other is the actualised system of International Economic Law (IEL), an order driven by the need of the over-developed states to plunder the under-developed states’ resources and labour, to subsidise the luxury to which we have grown accustomed. One purports to …
The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett
The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett
Faculty Journal Articles
Public International Law (PIL) is portrayed as an autonomous and tolerably just legal system. A determinable system of rules and principles, deployed by professionals to evaluate and constrain the global machinations of power politics. Law as an authoritative structure through which global justice can be pursued. This entrenches a comforting, but false, progress narrative; and obscures the limitations of pursuing progressive change through international law. PIL is structured by false necessity and false contingency. These interact to create the Deceptive Dyad, which disguises the radical indeterminacy of PIL. PIL’s purported demands, however meticulously crafted, do not effect change in the …
Courts Beyond Judging, Michael C. Pollack
Courts Beyond Judging, Michael C. Pollack
Articles
Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …
Constructing Countervailing Power: Law And Organizing In An Era Of Political Inequality, Kate Andrias
Constructing Countervailing Power: Law And Organizing In An Era Of Political Inequality, Kate Andrias
Faculty Scholarship
This Article proposes an innovative approach to remedying the crisis of political inequality: using law to facilitate organizing by the poor and working class, not only as workers, but also as tenants, debtors, welfare beneficiaries, and others. The piece draws on the social-movements literature, and the successes and failures of labor law, to show how law can supplement the deficient regimes of campaign finance and lobbying reform and enable lower-income groups to build organizations capable of countervailing the political power of the wealthy. As such, the Article offers a new direction forward for the public-law literature on political power and …
The Puzzles And Possibilities Of Article V, David E. Pozen, Thomas P. Schmidt
The Puzzles And Possibilities Of Article V, David E. Pozen, Thomas P. Schmidt
Faculty Scholarship
Legal scholars describe Article V of the U.S. Constitution, which sets forth rules for amending the document, as an uncommonly stringent and specific constitutional provision. A unanimous Supreme Court has said that a “mere reading demonstrates” that “Article V is clear in statement and in meaning, contains no ambiguity, and calls for no resort to rules of construction.” Although it is familiar that a small set of amendments, most notably the Reconstruction Amendments, elicited credible challenges to their validity, these episodes are seen as anomalous and unrepresentative. Americans are accustomed to disagreeing over the meaning of the constitutional text, but …
How Law Made Neoliberalism, Jedediah S. Purdy, Amy Kapczynski, David Singh Grewal
How Law Made Neoliberalism, Jedediah S. Purdy, Amy Kapczynski, David Singh Grewal
Faculty Scholarship
We live in an era of intersecting crises-some new, some old but newly visible. At the time of writing, the COVID-19 pandemic has already caused nearly 500,000 deaths in the United States alone, with many more deaths on the horizon in the coming months. Since its arrival in the United States, the virus has intersected with and magnified long-neglected problems-radical disparities in access to healthcare and the fulfillment of basic needs that disproportionately impact communities of color and working-class Americans, alongside a crisis of care for the young, elderly, and sick that stretches families and communities to the breaking point
Anti-Modalities, David E. Pozen, Adam Samaha
Anti-Modalities, David E. Pozen, Adam Samaha
Faculty Scholarship
Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters – the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the …
Foreword, Seattle University Law Review
The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson
The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson
Seattle University Law Review
The Deans' Roundtable.
Consultation On How To Implement Canada's Cusma Commitment To Extend The General Term Of Copyright Protection, Carys Craig, Ariel Katz, Lucie Guibault, Graham Reynolds, Bita Amani, Sara Bannerman, Pascale Chapdelaine, Myra Tawfik, Samuel Trosow
Consultation On How To Implement Canada's Cusma Commitment To Extend The General Term Of Copyright Protection, Carys Craig, Ariel Katz, Lucie Guibault, Graham Reynolds, Bita Amani, Sara Bannerman, Pascale Chapdelaine, Myra Tawfik, Samuel Trosow
Articles, Book Chapters, & Popular Press
As a group of Canadian Intellectual Property Law scholars, we write regarding the Ministers’ recently launched consultation on extending the term of copyright protection in order to meet Canada’s CUSMA commitments. With this letter, which we jointly submit in response to the call for comments, we wish to express our shared concerns about both the proposed term extension and, more immediately, the inappropriately curtailed nature of this consultation process.
Judicialization Of Election Disputes In Africa's International Courts, James Thuo Gathii, Olabisi D. Akinkugbe
Judicialization Of Election Disputes In Africa's International Courts, James Thuo Gathii, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
This article assesses what benefit losers of high-stakes national elections think they will get from petitioning international courts in Africa. We seek to establish how judicial intervention differs before an election when there is a risk of an international law violation, versus after an election has occurred and the result is viewed as flawed. We address these questions by drawing on a set of disputes decided by international courts in Africa in the African Court, the Economic Community of West African States (“ECOWAS”) Community Court of Justice, and the East African Court of Justice. We supplement our analysis by discussing …
Protecting The Supreme Court: Why Safeguarding The Judiciary’S Independence Is Crucial To Maintaining Its Legitimacy, Isabella Abelite, Evelyn Michalos, John Rogue
Protecting The Supreme Court: Why Safeguarding The Judiciary’S Independence Is Crucial To Maintaining Its Legitimacy, Isabella Abelite, Evelyn Michalos, John Rogue
Faculty Scholarship
The stability of the Supreme Court’s size and procedures is a critical source of legitimacy, but reforms might protect the Court’s independence from politics. Perceptions among members of the public that justices are political actors harms the rule of law. This report discusses reforms to ensure that each president receives the same number of appointments to the Supreme Court. The report also considers how to guarantee each nominee a Senate hearing and reforms to the retirement stage of justices’ tenures.
Selecting Representative And Qualified Candidates For President: Proposals To Reform Presidential Primaries, Daisy De Wolff, Ben Kremnitzer, Samara Perlman, Gabriella Weick
Selecting Representative And Qualified Candidates For President: Proposals To Reform Presidential Primaries, Daisy De Wolff, Ben Kremnitzer, Samara Perlman, Gabriella Weick
Faculty Scholarship
The presidential primary processes used by the two major parties misses opportunities to engage voters and incorporate their input in selecting nominees. This report advances several reforms to make the primaries more inclusive, including reordering the primary calendar to give voters in more states a meaningful voice, eliminating caucuses, and opening primaries to independent voters. Additionally, the political parties should make primary debates more informative and limit party leaders’ opportunities to have disproportionate input in selecting presidential candidates
Who Should Police Politicization Of The Doj?, Bruce A. Green, Rebecca Roiphe
Who Should Police Politicization Of The Doj?, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
No abstract provided.
The Zoning Straitjacket: The Freezing Of American Neighborhoods Of Single-Family Houses, Robert Ellickson
The Zoning Straitjacket: The Freezing Of American Neighborhoods Of Single-Family Houses, Robert Ellickson
Indiana Law Journal
Municipal zoning practices profoundly shape urban life in the United States. In regions such as Silicon Valley, regulatory barriers to residential construction have helped raise house prices to roughly ten times the national median. These astronomic prices have prompted some households to move to places, such as Texas, where housing is far cheaper. I have been engaged in an empirical study of zoning practices in Silicon Valley, Greater New Haven, and Greater Austin. This Article presents one of my central findings, induced from those metropolitan areas and elsewhere: local zoning politics typically freezes land uses in an established neighborhood of …
The New Redeemers, Anthony M. Kreis
The New Redeemers, Anthony M. Kreis
Georgia Law Review
This Article is about the long arc of a Second Redemption. A
new life to the politics of racial grievance surfaced in the wake
of a diversifying polity, a decline of rural power, and a Black
man’s rise to the American presidency. And that reinvigorated
force was the linchpin of Donald Trump’s ascendency to power.
Trump was a part of a broader conservative governing
coalition, which held its center of gravity in rural, white
America. Leading members of that coalition feverishly eroded
democratic norms to entrench minoritarian power. They
justified their pernicious work by claiming to be the true heirs …
The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis
The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis
Georgia Law Review
This Essay describes the “voting rights paradox”—the fact
that despite America’s professed commitment to universal
enfranchisement, voting rights legislation throughout U.S.
history has arisen in some states to serve antidemocratic,
exclusionary ends. This Essay argues that this contradiction
comes into focus when the right to vote is understood as having
as an ideological driving force based on worthiness for
admission to the franchise. This ideology of worthiness persists
because the right to vote is dependent on political decisions left
to the political branches and the majority’s willingness to allow
propaganda to influence the scope of the franchise.
Ultimately, this Essay …
Constitutional Skepticism And Local Facts, Louis Michael Seidman
Constitutional Skepticism And Local Facts, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
Are written constitutions evil? In his new book, Constitutional Idolatry and Democracy, Brian Christoper Jones argues that they are. He claims that written constitutions fail to unite societies, degrade democratic engagement, and obstruct necessary constitutional maintenance. This review of his book argues that he is mostly right about the effects of the American Constitution, but that the effects of other constitutions will vary depending upon local facts.
Rbg And Gender Discrimination, Eileen Kaufman
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Scholarly Works
Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Publications
Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …
Toward A Law And Politics Of Racial Solidarity, Luis Fuentes-Rohwer, Guy-Uriel Charles
Toward A Law And Politics Of Racial Solidarity, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
The killings of George Floyd, Michael Brown, Trayvon Martin, and others have occurred under different factual circumstances, in different states, at the hands of both state and private actors, and have engendered different levels of outrage on the basis of their perceived egregiousness. Collectively and cumulatively, they have forced Americans to, once again, wrestle with the visible manifestation of racism and structural inequality. This confrontation is not simply a function of the inability to avert one’s eyes when faced with incontrovertible evidence of evident inhumanity and abject degradation, though it is in part that. After all, how to justify the …
States And Laws, Jews And Palestinians: Yadgar's Traditionalist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg
States And Laws, Jews And Palestinians: Yadgar's Traditionalist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg
Law Faculty Scholarship
This essay reflects on issues raised by Yaacov Yadgar concerning a devil’s bargain made decades ago between secular Zionist Israeli governments and the country’s Orthodox religious establishment, in defining who is a Jew and, therefore, entitled to the most comprehensive benefits of citizenship. It seems that that very tensions inherent in this somewhat illogical, somewhat cynical bargain are quite relevant to an us-them mentality that makes peace with the Palestinians more difficult.
Transparency And The First, Mark Fenster
Closing Remarks, Dontay Proctor-Mills
The Strategy Of Joko Widodo’S Political Communication On 2019 Election Winning In Papua, Abdurrahman Abdurrahman, Riffal Ruchianderan, Palupi Lindiasari Samputra
The Strategy Of Joko Widodo’S Political Communication On 2019 Election Winning In Papua, Abdurrahman Abdurrahman, Riffal Ruchianderan, Palupi Lindiasari Samputra
Journal of Strategic and Global Studies
The purpose of this research is to (1) analyze the influence of trans papua, noken and cultural approach to Jokowi's victory in Papua, both partially and simultaneously, (2) analyze Jokowi's winning strategy in Papua. The research method uses a quantitative approach with cross-sectional data as many as 29 districts in the 2019 general election. Data analysis uses multiple linear regression, with the Jokowi winning vote variable as the dependent variable, noken, trans papua voter characteristics and culture as an independent variable. The results showed that there was a positive and significant influence of the Noken system in Papua on Jokowi's …