When I Left The Darwin Day Committee,
2018
Duquesne University
When I Left The Darwin Day Committee, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
What Lawyers Can And Should Do About Mendacity In Politics,
2018
Duquesne University
What Lawyers Can And Should Do About Mendacity In Politics, Heidi Li Feldman
Duquesne Law Review
No abstract provided.
Facts, Values, Justification, Democracy,
2018
University of Michigan Law School
Facts, Values, Justification, Democracy, Don Herzog
Reviews
Equality, you might think, is the more or less universally shared value of the modern world, or the West, or anyway these United States. “We strive to ensure that the values upon which our country was built, including our belief that all people are created equal, are reflected in everything our nation does.” That’s from the 2016 Democratic Party platform. And look! “We continue to encourage equality for all citizens and access to the American Dream.” That’s from the 2016 GOP Platform. Of course, the parties disagree deeply on the demands of equality. If they share an abstract concept, as …
International Lobbying Law,
2018
University of Georgia School of Law
International Lobbying Law, Melissa J. Durkee
Scholarly Works
An idiosyncratic array of international rules allows nonstate actors to gain special access to international officials and lawmakers. Historically, many of these groups were public-interest associations like Amnesty International. For this reason, the access rules have been celebrated as a way to democratize international organizations, enhancing their legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the facts: The international rules rules also offer access to industry and trade associations like the World Coal Association, whose principal purpose is to lobby for their …
Decriminalization Of Prostitution: The Soros Effect,
2018
University of Rhode Island
Decriminalization Of Prostitution: The Soros Effect, Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full decriminalization …
Entertainment As Crime Prevention: Evidence From Chicago Sports Games.,
2018
University of Missouri-Kansas City
Entertainment As Crime Prevention: Evidence From Chicago Sports Games., Hannah S. Lacqueur, Ryan W. Copus
Faculty Works
The concern that mass media may be responsible for aggressive and criminal behavior is widespread. Comparatively little consideration has been given to its potential diversionary function. This paper contributes to the emerging body of literature on entertainment as a determinant of crime by analyzing Chicago by-the-minute crime reports during major sporting events. Sports provide an exogenous infusion of TV diversion that we leverage to test the effect of entertainment on crime. Because the scheduling of a sporting event should be random with respect to crime within a given month, day of the week, and time, we use month-time-day-of-week fixed effects …
Orphans No More: A Review Of Elizabeth Sanderson, Government Lawyering: Duties And Ethical Challenges Of Government Lawyers,
2018
Dalhousie University Schulich School of Law
Orphans No More: A Review Of Elizabeth Sanderson, Government Lawyering: Duties And Ethical Challenges Of Government Lawyers, Andrew Martin
Articles, Book Chapters, & Popular Press
Elizabeth Sanderson’s Government Lawyering: Duties and Ethical Challenges of Government Lawyers is the first comprehensive and long-form assessment of why government lawyers are different than lawyers in private practice and why that difference matters. This book review essay begins by setting out Sanderson’s position on a few concepts key to legal ethics for government lawyers: a definition of government lawyers, an account of the duties that apply to them, and the identity of the client. It then goes on to highlight the book’s four major contributions: an emphasis on the role of the Deputy Attorney General as an interface between …
Deepfake Videos: When Seeing Isn't Believing,
2018
Arkansas State University - Main Campus
Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall
Catholic University Journal of Law and Technology
Videos, known as deepfakes, use readily available software to create a work that shows people saying and doing things they may never have uttered or engaged in. The technology making the videos appear very authentic is advancing at such a rate that people may not be able to detect if the videos are fact or fiction. Given the hasty acceptance of other forms of fake news in society, deepfake videos have the ability to affect the nature of information the public receives about candidates and policies. This study examines the potential use of deepfake videos in the democratic process, analyzes …
Is The President A Traitor? A Legal Analysis,
2018
Brooklyn Law School
Is The President A Traitor? A Legal Analysis, Noah Kupferberg
Faculty Scholarship
No abstract provided.
Informal Networks Of Corruption: Assessing The Challenges For Public Sector Whistleblowing In Nigeria,
2018
Dalhousie University Schulich School of Law
Informal Networks Of Corruption: Assessing The Challenges For Public Sector Whistleblowing In Nigeria, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Recently, the Nigerian government adopted its first National Anti-Corruption Strategy—the first since its independence in 1960. While the strategy captures varying forms of corruption, whistleblowing is seen as one of the key strategies identified to confront anti-corruption in the public sector. The adoption of the whistleblowing policy and its on-going implementation however occurs without a legislative framework to protect whistleblowers. This article situates the whistleblower program in the wider socio-political context of anti-corruption in Nigeria, and public governance. The paper critically examines the implications of the legislative gaps for the long-term sustenance of the whistleblower protection program. This paper argues …
Courts In Federal Countries: Federalists Or Unitarists?,
2018
Dalhousie University Schulich School of Law
Courts In Federal Countries: Federalists Or Unitarists?, Hannah Steeves
Articles, Book Chapters, & Popular Press
This book is the product of a comparative research project completed by the Forum of Federations and supported by the Government of Quebec. The Forum of Federations has the goal of linking academic research to real world practices and is supported and funded by international partners. Courts in Federal Countries: Federalists or Unitarists? contributes directly to this goal by providing a well-rounded, highly informed, comparative approach to the topic of the structural issues of federalism. This text is the first of a larger, forthcoming, seven volume series on federalism to be developed by the Forum of Federations.
Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales,
2018
The University of San Francisco
Disproportionate Realities: The Climate Justice Implications Of Mitigation Policies Across Scales, Tinuviel Carlson
Undergraduate Honors Theses
Global climate change will have disproportionate effects on low-income and minority communities around the world producing important justice challenges. As national governments increasingly rely on local governments, civil society, and private transnational actors to establish and implement climate actions policies, it is important to assess whether and how these newly emergent actors can address these justice challenges. First this thesis examines concepts of justice in relation to climate change across different scales in order to develop a comprehensive conceptual framework of climate justice. This conceptual framework expands the scale of the international climate justice movement address local concerns. Further, the …
The Next Reapportionment Revolution,
2018
Hofstra University
The Next Reapportionment Revolution, Ashira Ostrow
Indiana Law Journal
In the 1960s, the Supreme Court famously imposed the one-person, one-vote requirement on federal, state, and local legislatures. The doctrine rapidly resolved the problem of malapportioned districts. Within just a few years, legislatures across the nation were reapportioned to equalize the population between districts. Sadly, however, the national commitment to equal-population districts has led directly to the current crisis of political gerrymandering. The boundaries of equal-population districts must be redrawn every ten years to maintain population equality. Even with rigid adherence to population requirements, district boundaries are easily manipulated to secure incumbent seats and advance partisan interests. Redistricting is rightly …
The Fortification Of Inequality: Constitutional Doctrine And The Political Economy,
2018
University of Michigan Law School
The Fortification Of Inequality: Constitutional Doctrine And The Political Economy, Kate Andrias
Indiana Law Journal
As Parts I and II of this Essay elaborate, the examination yields three observations of relevance to constitutional law more generally: First, judge-made constitutional doctrine, though by no means the primary cause of rising inequality, has played an important role in reinforcing and exacerbating it. Judges have acquiesced to legislatively structured economic inequality, while also restricting the ability of legislatures to remedy it. Second, while economic inequality has become a cause célèbre only in the last few years, much of the constitutional doctrine that has contributed to its flourishing is longstanding. Moreover, for several decades, even the Court’s more liberal …
Political Norms, Constitutional Conventions, And President Donald Trump,
2018
Duke Law School
Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel
Indiana Law Journal
I will argue that what is most troubling about the conduct of President Trump during and since the 2016 U.S. presidential campaign is not any potential violations of the U.S. Constitution or federal law. There likely have been some such violations, and there may be more. But what is most troubling about President Trump is his disregard of political norms that had previously constrained presidential candidates and Presidents, and his flouting of nonlegal but obligatory “constitutional conventions” that had previously guided and disciplined occupants of the White House. These norms and conventions, although not “in” the Constitution, play a pivotal …
Keynote Speech: Walking The Line: Modern Gerrymandering And Partisanship,
2018
Harvard Law School
Keynote Speech: Walking The Line: Modern Gerrymandering And Partisanship, Nicholas O. Stephanopoulos
Georgia Law Review
INTRODUCTION I am going to be discussing an ongoing project of mine that I call hyperpartisan election law. I make three main arguments in this project. The first is that almost all of election law was created during an unusually nonpartisan period in the 1960s, 1970s, and 1980s. Consistent with this period's very low level of partisanship, election law originally did not intend to, and did not actually have the effect, of addressing partisan cleavages. The second claim is that as the country's voters and politicians have become ever more partisan over the last generation, election law has adapted in …
The First Amendment Case Against Partisan Gerrymandering,
2018
Bondurant, Mixson & Elmore LLP
The First Amendment Case Against Partisan Gerrymandering, Emmet J. Bondurant Ii, Ben W. Thorpe
Georgia Law Review
The Supreme Court recognizes that "[p]artisan
gerrymanders... [are incompatible] with democratic
principles."I This makes good sense. The fundamental
objective of redistrictingis to "establish 'fairand effective
representation for all citizens. '2 And partisan
gerrymandering-whichthe Supreme Court defines as
"drawing... district lines to subordinate adherents of
one political party and entrench a rival party in
power'--runs counter to that fundamental objective.
Nonetheless, the Supreme Court has yet to invalidate
a redistricting plan solely as an unconstitutional
partisan gerrymander. This Symposium issue of the
Georgia Law Review, however, comes at a crucial
moment in the Court's treatment of that question. A case
now …
The History Of Redistricting In Georgia,
2018
University of Georgia
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 …
Constitutional Preservation And The Judicial Review Of Partisan Gerrymanders,
2018
Ohio State University Moritz College of Law
Constitutional Preservation And The Judicial Review Of Partisan Gerrymanders, Edward B. Foley
Georgia Law Review
This Essay makes three contributions to the debate
over whether the Constitution contains a judicially
enforceable constrain on gerrymanders. First,it directly
tackles the Chief Justice'sfear of thejudiciaryappearing
partisan,observing that the same fear would exist if the
Constitution explicitly banned gerrymanders and
explaining why an implicit ban should be no less
judicially enforceable than an explicit ban under
Marbury v. Madison. Second, invoking the idea of
"institutional forbearance" in the important new book
How Democracies Die, the Essay shows how the
Elections Clause can be construed to protect
congressional districting from abuses of legislative
discretion committed by state legislatures. Together,
these …
Developing Communities Of Dialogue,
2018
University of Florida Levin College of Law
Developing Communities Of Dialogue, Jonathan R. Cohen
UF Law Faculty Publications
We live in an age where American political discourse has become highly antagonistic. Such hostile discourse may influence not just our politics but also our private lives, for the abrasiveness that we witness in political life can readily spill over into our homes, our schools, and the other realms that we inhabit. How can we resist the spread of such antagonism? This Essay makes two basic claims. First, it is important that we consider dialogue as both an individual phenomenon and as a community-based phenomenon. How we speak with one another is a function of both our individual proclivities and …
