Neil Gorsuch And The Ginsburg Rules,
2018
University of Georgia School of Law
Neil Gorsuch And The Ginsburg Rules, Lori A. Ringhand, Paul M. Collins Jr.
Chicago-Kent Law Review
Supreme Court nominees testifying before the Senate Judiciary Committee frequently invoke the so-called “Ginsburg Rule” to justify not answering questions posed to them. According to this “rule,” nominees during their testimony must avoid signaling their preferences about previously decided Supreme Court cases or constitutional issues. Using empirical data on every question asked and answered at every hearing from 1939–2017, we explore this “rule,” and its attribution to Justice Ruth Bader Ginsburg. We demonstrate three things. First, the Ginsburg Rule is poorly named, given that the practice of claiming a privilege to not respond to certain types of questions predates the …
The Consequences Of Citizens United: What Do The Lawyers Say?,
2018
UC Irvine School of Law
The Consequences Of Citizens United: What Do The Lawyers Say?, Ann Southworth
Chicago-Kent Law Review
This Essay examines a polarized world of advocacy over campaign finance regulation in the Roberts Court. It considers what lawyers who filed party and amicus briefs in Citizens United v. Federal Election Commission have to say about the consequences of the decision. It shows that the lawyers generally agree about the ruling’s direct consequences but strongly disagree about whether those consequences are good or bad for the country and what lessons the public should draw. This Essay also explores the competing frames that these lawyers bring to questions about money in politics and their competing perspectives about government and where …
The Republic In Long-Term Perspective,
2018
University of Michigan Law School
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 …
Sites Of Storytelling: Supreme Court Confirmation Hearings,
2018
University of Michigan Law School
Sites Of Storytelling: Supreme Court Confirmation Hearings, Patrick Barry
Articles
Supreme Court confirmation hearings have an interesting biographical feature: before nominees even say a word, many words are said about them. This feature— which has been on prominent display in the confirmation hearings of Judge Brett Kavanaugh—is a product of how each senator on the confirmation committee is allowed to make an opening statement. Some of these statements are, as Robert Bork remembers from his own confirmation hearing, “lavish in their praise,” some are “lavish in their denunciations,” and some are “lavish in their equivocations.”1 The result is a disorienting kind of biography by committee, one which produces not one …
The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election,
2018
State University of New York, Buffalo State College
The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election, John Joseph Janora
History Theses
The passage of the Seventeenth Amendment helped to democratize the United States Senate and tied the legislative branch closer to the people, but it undermined the links between the state and the federal systems. Any thoughtful discussion on the Progressive Era will generally lead towards the idea of increased involvement of both the government, at all levels, in the lives of the general population, and the increased involvement of the general population in the functioning of the government at large. One seemingly obvious decision made in the early part of the 20th century was the implementation of the Seventeenth …
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations,
2018
St. Mary's University School of Law
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power,
2018
The George Washington University Law School
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby
The Scholar: St. Mary's Law Review on Race and Social Justice
On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.
There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply with 8 U.S.C. …
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected,
2018
St. Mary's University School of Law
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Avian Jurisprudence And The Protection Of Migratory Birds In North America,
2018
St. Mary's University School of Law
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
St. Mary's Law Journal
Abstract forthcoming
Three Theses On The Current Crisis Of International Liberalism,
2018
Yale Law School
Three Theses On The Current Crisis Of International Liberalism, David S. Grewal
Indiana Journal of Global Legal Studies
This essay advances three theses on the current crisis of international liberalism. First, it is a composite one, comprising interrelated crises of domestic political representation and of global governance affecting the international and supranational arrangements that were constructed in the post-war period. Second, the crisis is a specific development of neoliberal governance, which requires distinguishing international liberalism's two historical variants: "embedded liberalism" and "neoliberalism." The turn from the post-war regime of "embedded liberalism" to the "neoliberalism" of recent decades has had the effect of undoing the domestic social contracts that underlay post-war political stability even while failing to secure peace …
Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions,
2018
Cleveland-Marshall College of Law, Cleveland State University
Righting A Wrong: Woodrow Wilson, Warren G. Harding, And The Espionage Act Prosecutions, David Forte
Law Faculty Articles and Essays
This is a story of excess and reparation. It is a chronicle of one President from the elite intellectual classes of the East, and another from a county seat in the heartland. Woodrow Wilson was the college president whose contribution to the art of government lay in the principle of expertise and efficiency. When he went to war, he turned the machinery of government into a comprehensive and highly effective instrument for victory. For Wilson, it followed that there could be little tolerance for those who impeded the success of American arms by their anti-war propaganda, draft resistance, or ideological …
Reflections On The Future Of Global Legal Studies,
2018
University of California, Santa Cruz
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 …
Globalization: The Next 25 Years (Introduction),
2018
[email protected]
Globalization: The Next 25 Years (Introduction), Alfred C. Aman
Indiana Journal of Global Legal Studies
A warm welcome to you all. Thank you for your participation in this very special milestone for this Journal. As you know, this symposium conference marks the twenty-fifth anniversary of the journal. Our first symposium conference was entitled "The Globalization of Law, Politics and Markets." Those papers were published in our first issue. I went back to that first issue not long ago, and found these lines:
"We currently stand at a watershed in the public law history of the United States. We have moved from local and state common-law, regulatory regimes that dominated the 19th and early 20th centuries, …
The Rome Statute: Global Justice And The Asymmetries Of Recognition,
2018
Tilburg University
The Rome Statute: Global Justice And The Asymmetries Of Recognition, Hans Lindahl
Indiana Journal of Global Legal Studies
Given the emergence of challenges that are increasingly global in nature, and given the irreducible contingency of state borders, it would seem that justice must become global justice: justice that takes shape through a legal order that holds for all of humanity and everywhere. But is justice for all and everywhere possible? At issue, in this question, is not a rearguard defense of the state and state law. Instead, the question concerns the globality of global law and global justice. Is any legal order possible, global or otherwise, that organizes itself as an inside without an outside, that is, which …
How To Improve The Debt Ceiling To Fit A Partisan Government: A Global Examination Of Which International Solutions Excel,
2018
Indiana University Maurer School of Law
How To Improve The Debt Ceiling To Fit A Partisan Government: A Global Examination Of Which International Solutions Excel, Sarah Love
Indiana Journal of Global Legal Studies
This Note explores the changing role the debt ceiling has played within the United States and considers how that role should be altered moving forward. The debt ceiling's history and its political connections are discussed as a backdrop to how the United States might alter the debt ceiling to limit both future government shutdown and political gridlock. This Note examines both domestic and international solutions to the debt ceiling problem with an emphasis on the latter. In particular, the Note focuses on the possible international solution of adopting a system similar to Denmark's debt ceiling, or adopting a high debt-to- …
What Lawyers Can And Should Do About Mendacity In Politics,
2018
Georgetown University Law Center
What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Donald Trump has brought new attention to the mendacity of politicians. Both major national newspapers have reported tallies of Trump's false and misleading claims. On November 14, 2017, The Washington Post reported that in the 298 days that President Trump has been president, he had made 1,628 false or misleading claims, telling them at a rate of nine per day in the thirty-five days prior to November 14. Trump, the Post reported, has made fifty false or misleading claims “that he as repeated three or more times.” The Post also catalogued scores of “flip-flops” from Trump. In general, from 2016 …
Kennedy’S Retirement: Despair Not, Go Out And Organize,
2018
Duquesne University
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.
The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise,
2018
Roger Williams University School of Law
The Inspector General On The Fbi In Fall 2016: How A Fateful Delay Set The Stage For The Ultimate October Surprise, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Why Won't Free Speech Save Us?,
2018
Duquesne University
Why Won't Free Speech Save Us?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Book Review: Business And Commercial Litigation In Federal Courts (Fourth),
2018
Penn State Dickinson Law
Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
