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Full-Text Articles in Law and Politics

Scotus Gerrymandering Case: Roberts Didn’T Defend Constitutional Democracy, Bruce Ledewitz Jul 2019

Scotus Gerrymandering Case: Roberts Didn’T Defend Constitutional Democracy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz Mar 2019

The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz

Ledewitz Papers

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


The ‘Berle And Means Corporation’ In Historical Perspective, Eric Hilt Feb 2019

The ‘Berle And Means Corporation’ In Historical Perspective, Eric Hilt

Seattle University Law Review

This Article presents new evidence on the evolution of the business corporation in America and on the emergence of what is commonly termed the “Berle and Means corporation.” Drawing on a wide range of sources, I investigate three major historical claims of The Modern Corporation: that large corporations had displaced small ones by the early twentieth century; that the quasi-public corporations of the 1930s were much larger than the public corporations of the nineteenth century; and that ownership was separated from control to a much greater extent in the 1930s compared to the nineteenth century. I address each of these …


Berle And Corporation Finance: Everything Old Is New Again, Frank Partnoy Feb 2019

Berle And Corporation Finance: Everything Old Is New Again, Frank Partnoy

Seattle University Law Review

In this essay, I want to illustrate how Adolf A. Berle Jr.’s Studies in the Law of Corporation Finance1 was prescient about the kinds of financial innovation that are central to today’s markets. For scholars who are not familiar with this publication, Corporation Finance is a compilation of edited versions of several of Berle’s articles, along with some new material, most of which is focused on 1920s corporate practice. My primary goal here is simply to shine a light on this work and to memorialize for scholars the key passages that echo many of today’s challenges. The punch line of …


“In Time Of Stress, A Civilization Pauses To Take Stock Of Itself”: Adolf A. Berle And The Modern Corporation From The New Era To 1933, Mark Hendrickson Feb 2019

“In Time Of Stress, A Civilization Pauses To Take Stock Of Itself”: Adolf A. Berle And The Modern Corporation From The New Era To 1933, Mark Hendrickson

Seattle University Law Review

This Article demonstrates three things. First, an examination of Berle’s work and thinking in this critical period reveals the ways in which public problems and the need to “know capitalism,” to borrow a phrase from Mary Furner, converged in the post-WWI era in remarkable and unprecedented ways that would shape New Deal and post-New Deal politics and policy. Berle’s gift for synthesizing evidence and constructing narratives that explained complex events were particularly well suited to this era that prized the expert. Second, identifying a problem and developing a persuasive narrative is one thing, but finding solutions is another. Berle joined …


Adolf Berle During The New Deal: The Brain Truster As An Intellectual Jobber, Robert B. Thompson Feb 2019

Adolf Berle During The New Deal: The Brain Truster As An Intellectual Jobber, Robert B. Thompson

Seattle University Law Review

Adolf Berle’s ideas have attained a remarkable longevity in corporate law with an influence exceeding that of any other twentieth century law professor. Participants in the now ten Berle symposia often have framed the discussion of his career as an intellectual history, usually built around the powerful transformative effect of The Modern Corporation and Private Property (MCPP). Yet this approach is insufficient to explain large parts of Berle’s professional career, including what Berle did during the twelve years of the Roosevelt Administration that immediately followed MCPP. This Article offers an alternative focus that better accounts for the career of an …


What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz Jan 2019

What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz

Ledewitz Papers

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


What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz Jan 2019

What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz

Ledewitz Papers

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


A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz Jan 2019

A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz

Ledewitz Papers

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


How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz Jan 2019

How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz

Ledewitz Papers

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


The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz Dec 2018

The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz

Ledewitz Papers

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


Ethical Cannabis Lawyering In California, Francis J. Mootz Iii Dec 2018

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …


The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer Dec 2018

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer

Genocide Studies and Prevention: An International Journal

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the Genocide …


“Taking The Threat To American Democracy Seriously: The Truth/Justice/Democracy Initiative,”, Bruce Ledewitz Sep 2018

“Taking The Threat To American Democracy Seriously: The Truth/Justice/Democracy Initiative,”, Bruce Ledewitz

Ledewitz Papers

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


The Republic In Long-Term Perspective, Richard Primus Aug 2018

The Republic In Long-Term Perspective, Richard Primus

Michigan Law Review Online

Every system of government eventually passes away. That's a feature of the human condition. The United States has been an unusually stable polity by the standards of world civilizations, and for that stability Americans should be deeply grateful. But no nation is exempt from the basic forces of history. It is not reasonable to think that the constitutional republic we know will last forever. The question is when it will meet its end-in our lifetimes, or in our grandchildren's, or centuries later. Given the stable conditions that living Americans were socialized to expect, the dominant intuition is probably something like …


Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud Jul 2018

Reflections On The Future Of Global Legal Studies, Mark Fathi Massoud

Indiana Journal of Global Legal Studies

This Article proposes a set of theoretical ideas and practical innovations for the future of global legal studies in the three areas that make up the academic profession: research, teaching, and service. The future directions of global legal studies will involve building intellectual bridges that connect law with global politics, society, history, religion, and human behavior. Constructing these bridges preserves global legal studies as both an interdisciplinary enterprise and a movement for justice. This twin commitment to rigorous inquiry and social justice involves sustaining a welcoming community for graduate students and early career scholars, and prioritizing the experiences of those …


Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz Jun 2018

Kennedy’S Retirement: Despair Not, Go Out And Organize, Bruce Ledewitz

Ledewitz Papers

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


Why Won't Free Speech Save Us?, Bruce Ledewitz Jun 2018

Why Won't Free Speech Save Us?, Bruce Ledewitz

Ledewitz Papers

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


State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart Jun 2018

State Court Litigation: The New Front In The War Against Partisan Gerrymandering, Charlie Stewart

Michigan Law Review Online

Partisan gerrymandering is the process of drafting state and congressional districts in a manner that gives one political party an advantage over another. The end goal is simple: help your party win more seats or protect existing ones. The tactic is as old as the United States. In 1788, Patrick Henry convinced the Virginia state legislature to draw the 5th Congressional District to pit his rival James Madison against James Monroe. The term “gerrymander” itself is a hybrid: in 1810, democratic Governor Gerry signed a partisan redistricting plan into law—one that contained a district that infamously looked like a salamander. …


The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin May 2018

The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin

Masters Theses, 2010-2019

Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the …


A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton Apr 2018

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.


Foreword: What’S Next? Counter-Stories And Theorizing Resistance, Tayyab Mahmud Mar 2018

Foreword: What’S Next? Counter-Stories And Theorizing Resistance, Tayyab Mahmud

Seattle Journal for Social Justice

No abstract provided.


A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz Feb 2018

A Lost Opportunity To Reach A Consensus On Gerrymandering, Bruce Ledewitz

Ledewitz Papers

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


The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz Jan 2018

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

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


The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz Jan 2018

The Resurrection Of Trust In American Law And Public Discourse, Bruce Ledewitz

Ledewitz Papers

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


When I Left The Darwin Day Committee, Bruce Ledewitz Jan 2018

When I Left The Darwin Day Committee, Bruce Ledewitz

Ledewitz Papers

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


The History Of Redistricting In Georgia, Charles S. Bullock Iii Jan 2018

The History Of Redistricting In Georgia, Charles S. Bullock Iii

Georgia Law Review

In his memoirs, Chief Justice Earl Warren singled out
the redistrictingcases as the most significant decisions of
his tenure on the Court., A review of the changes
redistricting introduced in Georgia supports Warren's
assessment. Not only have the obligations to equalize
populations across districts and to do so in a racially fair
manner transformed the makeup of the state's collegial
bodies, Georgia has provided the setting for multiple cases
that have defined the requirements to be met when
designing districts.
Other than the very first adjustments that occurred in
the 1960s, changes in Georgia plans had to secure
approval from …


Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos Dec 2017

Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos

Articles

The 2016 election has had significant consequences for American social welfare policy. Some of these consequences are direct. By giving unified control of the federal government to the Republican Party for the first time in a decade, the election has potentially empowered conservatives to ram through a bill to repeal the Affordable Care Act—the landmark “Obamacare” law that marked the most significant expansion of the social welfare state since the 1960s. Other consequences are more indirect. Both the election result itself, and Republicans’ actions since, have spurred a renewed debate within the left-liberal coalition regarding the politics of social welfare …


Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz Jul 2017

Religion And Gay Rights Need Not Be At Loggerheads, Bruce Ledewitz

Ledewitz Papers

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


‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz Jul 2017

‘Trinity’ Case Marks Death Of Originalism, Bruce Ledewitz

Ledewitz Papers

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