Law and Politics Commons^™

Law And Economic Development In The United States: Toward A New Paradigm, Yong-Shik Lee

Catholic University Law Review

Economic development is the term that has been associated with less developed countries in the Third World (“developing countries”), not the economically advanced countries (“developed countries”), such as the Untied States. However, the changing economic conditions in recent decades, such as the widening income gaps among individual citizens and regions within developed countries, stagnant economic growth deepening economic polarization, and an institutional incapacity to deal with these issues, render the concept of economic development relevant to the assessment of the economic problems in developed countries. In the United States, these economic problems caused a significant political consequence such as the …

The Equal Rights Amendment: Why All U.S. States Have Not Ratified, Gina Tan, Mirren Galway

CURCE Annual Undergraduate Conference

Currently, enacted legislation for the equality of men and women in the United States does not exist. Despite many advancements, as of 2018, the equality of men and women is not explicitly stated in the U.S. constitution. There is a long history of discrimination against women in the U.S., and for some time now, there have been pushes toward constitutionalizing equality based on Sex. One such push came in 1923, shortly after women were granted the right to vote and The Equal Rights Amendment (ERA) was introduced. This amendment mandates that the “Equality of rights under the law shall not …

Crafting A Corporate Analogue To Criminal Disenfranchisement, B. Graves Lee Jr.

Michigan Business & Entrepreneurial Law Review

The Supreme Court’s 2010 decision in Citizens United v. FEC represented a sea change in the world of corporate citizenship. Although the decision dealt with campaign finance law, it has sparked significant discussion of the concept of corporate personhood more broadly. Corporations have increasingly taken advantage of legal rights previously reserved for individuals. This Note argues that where corporations reap the benefits of constitutional entitlements intended for individuals, they should suffer consequences for malfeasance similar to those imposed on individuals who engage in criminal conduct. Specifically, this Note advocates for limitations on corporate electioneering as a collateral consequence of a …

Managing The Misinformation Marketplace: The First Amendment And The Fight Against Fake News, Daniela C. Manzi

Fordham Law Review

In recent years, fake news has overtaken the internet. Fake news publishers are able to disseminate false stories widely and cheaply on social media websites, amassing millions of likes, comments, and shares, with some fake news even “trending” on certain platforms. The ease with which a publisher can create and spread falsehoods has led to a marketplace of misinformation unprecedented in size and power. People’s vulnerability to fake news means that they are far less likely to receive accurate political information and are therefore unable to make informed decisions when voting. Because a democratic system relies on an informed populace …

Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim

Loyola of Los Angeles Law Review

No abstract provided.

What Good Is Abstraction? From Liberal Legitimacy To Social Justice, Nimer Sultany

Buffalo Law Review

No abstract provided.

The Locked Gates To Tension City: The Commission On Presidential Debates, The Fec, And The Two-Party System, Tommy La Voy

Michigan Journal of Environmental & Administrative Law

Since John F. Kennedy and Richard Nixon walked into a Chicago television studio for the first general election presidential debate in 1960, candidate debates have been a fundamental aspect of presidential campaigns and have had broader effects on society at large. The Commission on Presidential Debates (“CPD”) has been in charge of organizing the general election debates since it was created in 1987 by the Democratic and Republican parties. In its tenure, the CPD has restricted its massive platform almost every election to the Republican and Democratic candidates through the use of criteria that seemingly follow the law’s requirement of …

Silence Of The Liberals: When Supreme Court Justices Fail To Speak Up For Lgbt Rights, David S. Cohen

University of Richmond Law Review

In 1985, Justice Brennan did something that had never been done before and has, surprisingly, never been done again—penned a separate opinion from the Court’s left vigorously arguing for the protection of gay rights under the Constitution. Since then, even though the Court has repeatedly protected gay rights, none of the Court’s liberal Justices have said a word on the topic. Rather, the liberal Justices have ceded the territory on the issue of the Constitution and gay rights almost entirely to Justice Kennedy’s notoriously flowery but somewhat vacuous statements about the issue, as well as the pointed and often homophobic …

The First Amendment And The Great College Yearbook Reckoning, Maryann Grover

University of Richmond Law Review

I advance my argument in three parts. In Part I, I discuss the law as it currently applies to student publications. I begin by briefly addressing the law as it applies to student publications in high schools as a way of demonstrating the lack of clarity in the law as it applies to student publications on college campuses. I then discuss the current state of speech regulation for student publications, including yearbooks, on college campuses. In Part II, I discuss each of the categories of unprotected speech as they are currently interpreted by the Supreme Court, and I demonstrate how …

The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, …

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to …

Good Prosecutor And Good Person? The Conflict Of Humanness And The Prosecutorial Field, Zaiya Dillon

The Review: A Journal of Undergraduate Student Research

No abstract provided.

British Government Information Resources, Bert Chapman

Libraries Faculty and Staff Creative Materials

Provides an overview of British Government information resources. Contents include basic British economic and political background and information from British Government websites including the Department of Environment, Food, and Rural Affairs (DEFRA), Brexit related material produced by British government agencies such as the Department for Exiting the European Union,, the Ministry of Defence, the National Museum of the Royal Navy, the Home Office Visas and Immigration Section, the Office of National Statistics, Her Majesty's Treasury, the British Parliament including parliamentary committees and research agencies, the website of Member of Parliament (MP) Jacob Rees-Mogg (Conservative-North East Somerset), a webcast of House …

Don't Delete That Tweet: Federal And Presidential Records In The Age Of Social Media, Gabriel M. A. Elorreaga

St. Mary's Law Journal

Statutes governing preservation of presidential records must be adapted to accommodate presidents’ evolving use of social media accounts. The Freedom of Information Act is meant to promote government transparency, and subjects governmental agencies to information requests from members of the public. However, as it relates to social media records, the problem is one of volume; are the means of preservation currently in place able to adequately address the vast amount of records created by a President’s use of social media? This Comment argues that they are not, although they do provide a useful basis for how to adapt record preservation …

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo

St. Mary's Law Journal

Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for abortions in cases of …

Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar

Pace Law Review

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First …

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Creative Lawyering For Social Change, Raymond H. Brescia

Georgia State University Law Review

Lawyers have long played an integral part in efforts to bring about social change. With an increasing desire to see change in the world, regardless of one’s political perspective, there is a growing interest in understanding the role that lawyers can play in bringing about such change. This type of lawyering is complex, however, and faces far more challenges than those the traditional lawyer faces in his or her work. Although all lawyers solve problems on behalf of their clients, the role of the social-change lawyer is more complex because the problems she seeks to address are more complex, mostly …

Panel 5: Federalism And Separation Of Powers

Georgia State University Law Review

Moderator: Eric Segall

Panelists: Stephen Griffin, Neil Kinkopf, and Ilya Somin