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Social and Behavioral Sciences Commons™
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Articles 1 - 4 of 4
Full-Text Articles in Social and Behavioral Sciences
Conventionalism And Contractarianism, Noel B. Reynolds
Conventionalism And Contractarianism, Noel B. Reynolds
Faculty Publications
In this paper Noel B. Reynolds’s theory of law as convention is compared to the public choice contractarian theory of James M. Buchanan. While there are numerous similarities, major differences emerge. Only conventionalism can produce legal and political authority and norms to guide the use of that authority in maintaining the rule of law. The concept of constructive unanimity is introduced to overcome the ultimate failure of contractarianism to legitimate the authority of law.
Democracy In Cape Verde, Richard A. Lobban
Democracy In Cape Verde, Richard A. Lobban
Faculty Publications
The news from Africa usually carries headlines about natural disasters, coups, civil wars, human tights abuses and famine. Despite these tragic cases there is also a bright side the upsurge of a new movement of democratization.
Worker Managed Firms, Democratic Principles, And The Evolution Of Financial Relations, Charles P. Rock, Mark A. Klinedinst
Worker Managed Firms, Democratic Principles, And The Evolution Of Financial Relations, Charles P. Rock, Mark A. Klinedinst
Faculty Publications
No abstract provided.
Ideology, Status, And The Differential Success Of Direct Parties Before The Supreme Court, Reginald S. Sheehan, William Mishler, Donald R. Songer
Ideology, Status, And The Differential Success Of Direct Parties Before The Supreme Court, Reginald S. Sheehan, William Mishler, Donald R. Songer
Faculty Publications
A substantial literature on lower federal courts and state courts suggests that the "haves" usually come out ahead in litigation because they possess superior resources for it and they reap advantages from their repeat player status. We investigate the success of 10 categories of litigants before the Warren, Burger, and Rehnquist Courts to determine whether the resources or experience of litigants has effects on Supreme Court outcomes paralleling those found in the courts below. While different categories of litigants are found to have very different rates of success, those differences do not consistently favor litigants with greater resources. A time …