Law and Politics Commons^™

Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

Democrats Get Religion – Just In Time, Bruce Ledewitz

Ledewitz Papers

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

The Wall Falls, Bruce Ledewitz

Ledewitz Papers

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

Towards A Madisonian, Interest-Group-Based, Approach To Lobbying Regulation, Anita S. Krishnakumar

Faculty Publications

Recent lobbying scandals involving Jack Abramoff and Representative Tom DeLay have created a much-needed impetus for legislative reform of the lobbying process. But the question cries out: Will Congress actually enact any of the multitude of reform proposals currently on the table, and if it does, will any of those reforms make a difference in how the lobbying process operates? History suggests that the answer is "no."

This Article examines the reasons for Congress's persistent failure to enact effective lobbying reform and posits that the primary cause is an underlying disjunct between legislators' and the public's views about the value …

The Relative Universality Of Human Rights (Revised), Jack Donnelly

Human Rights & Human Welfare

© Jack Donnelly. All rights reserved.

This article is forthcoming in Human Rights Quarterly.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website …

Beyond Bankovic: Extraterritorial Application Of The European Convention On Human Rights, Federico Sperotto

Human Rights & Human Welfare

The obligations set forth in the international and regional instruments on human rights are considered as having a strictly territorial scope. States parties have the duty to guarantee the rights recognized in the treaties to all individuals within their territories. The territorial reach of these obligations is expanding by way of interpretation. In its decision on Bankovic, the European Court reduced the impact of this international trend toward a progressive enlargement of the protection granted by human rights treaties, affirming those attacks conducted by NATO against Yugoslavia in 1999 fell out of the extraterritorial reach of the European Convention. After …

Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer

University of Richmond Law Review

In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory …

For A New Order In The Court, Bruce Ledewitz

Ledewitz Papers

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

Keep These Branches Untangled, Bruce Ledewitz

Ledewitz Papers

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

Protecting Posterity: Economics, Abortion, Politics, And The Law, Bruce Ledewitz

Ledewitz Papers

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

In Pittsburgh, Freedom Abridged, Bruce Ledewitz

Ledewitz Papers

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

Make >Em Fess Up, Bruce Ledewitz

Ledewitz Papers

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

How And Understanding Of The Second Personal Standpoint Can Change Our Understanding Of The Law: Hart's Unpublished Response To Exclusive Legal Positivism, Robin B. Kar

ExpressO

This Article describes recent developments in moral philosophy on the “second personal standpoint,” and argues that they will have important ramifications for legal thought. Moral, legal and political thinkers have, for some time now, understood important distinctions between the first personal perspective (of deliberation) and the third personal perspective (of observation, cause and effect), and have plumbed these distinctions to great effect in their thought. This distinction is, in fact, implicit the law and economics movement’s “rational actor” model of decision, which currently dominates much legal academic thought. Recent developments in value theory due to philosopher Stephen Darwall suggest, however, …

The End Of American Democracy?, Bruce Ledewitz

Ledewitz Papers

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

Book Review: Madam Secretary, Dru Stevenson

ExpressO

Review of Madeline Albright's Memoirs

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

Ledewitz Papers

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

The Bright Future Of Gay Marriage, Bruce Ledewitz

Ledewitz Papers

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

Justice Harlan’S Law And Democracy, Bruce Ledewitz

Ledewitz Papers

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

A Constitution For Everyone, Bruce Ledewitz

Ledewitz Papers

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

The Day May Come: Legal Rights For Animals, Tom Regan

Animal Law Review

This article examines the main arguments used for denying moral rights to nonhuman animals, the rights to life and bodily integrity in particular. Because these arguments are deficient, animals should not be denied legal rights on the basis of their presumed moral inferiority to humans.

Integrating Animal Interests Into Our Legal System, David Favre

Animal Law Review

This article explores the obstacles to obtaining legal rights for animals both within the animal rights movement and within the broader political context. The author examines in which arena legal change might best be sought—the courts, the legislature, state governments, or the federal government. Finally, it makes a number of suggestions as to what type of laws would be the most successful in advancing the interests of animals.

Corporate Advertising's Democracy, Bruce Ledewitz

Ledewitz Papers

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

The Promise Of Democracy, Bruce Ledewitz

Ledewitz Papers

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

Law And Judicial Duty, Philip A. Hamburger

Faculty Scholarship

Two hundred years ago, in Marbury v. Madison, Chief Justice Marshall delivered an opinion that has come to dominate modern discussions of constitutional law. Faced with a conflict between an act of Congress and the U.S. Constitution, he explained what today is known as "judicial review." Marshall described judicial review in terms of a particular type of "superior law" and a particular type of "judicial duty." Rather than speak generally about the hierarchy within law, he focused on "written constitutions."

He declared that the U.S. Constitution is "a superior, paramount law" and that if "the constitution is superior to any …

Winking At Jubelirer’S Maneuvers, Bruce Ledewitz

Ledewitz Papers

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

Jubelirer’S Jubilee, Bruce Ledewitz

Ledewitz Papers

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

The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz

Ledewitz Papers

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

Mr. Carroll’S Mental State Or What Is Meant By Intent, Bruce Ledewitz

Ledewitz Papers

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

When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz

Ledewitz Papers

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