Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India,
2016
Southwestern Law School
Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta
Fordham Urban Law Journal
Comparative legal research in property and urban planning law has taken an increasing interest in the policy patterns and legal arguments that municipal bodies and courts employ in the implementation of often radical urban reconfiguration. Aided by geographers, sociologists, and political economists, comparative property law scholars have begun to unearth the justificatory frameworks that underlie and shape these changes in metropolitan urban landscapes and that reveal an interplay between tangible and immediate modes of political constituencies’ interest navigation on the one hand, and deep-seated cultural-historical motivations as well as commitments to transnational strategic and political loyalties, on the other. These …
No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It,
2016
Fordham University School of Law
No Vengeance For 'Revenge Porn' Victims: Unraveling Why This Latest Female-Centric, Intimate-Partner Offense Is Still Legal, And Why We Should Criminalize It, Sarah Bloom
Fordham Urban Law Journal
No abstract provided.
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles,
2016
Touro University Jacob D. Fuchsberg Law Center
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
Touro Law Review
No abstract provided.
The Law On Foreign Investment,
2016
University of Georgia School of Law
The Law On Foreign Investment, Adolfo Arrioja Vizcaino
Georgia Journal of International & Comparative Law
No abstract provided.
The Road To The Gettysburg Address,
2016
University of North Carolina School of Law
The Road To The Gettysburg Address, Alfred L. Brophy
Florida State University Law Review
This Article recovers the forgotten ideas about public constitutionalism in seventy published addresses given at cemetery dedications from Supreme Court Justice Joseph Story’s address at Mount Auburn Cemetery in Cambridge, Massachusetts, in 1831, to the addresses by Edward Everett and Abraham Lincoln at Gettysburg in November 1863. It reveals an important, but forgotten, set of ideas that provided a precedent for Lincoln’s Gettysburg Address. Those addresses, including Lincoln’s, reveal the centrality of constitutional values—as opposed to constitutional text—in framing Americans’ interpretation of the Constitution. Pre-Civil War Americans had a vibrant public discussion of constitutional principles, in addition to constitutional text. …
A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making,
2016
Yale Law School
A Remedy For Congressional Exclusion Frm Contemporary International Agreement Making, Ryan Harrington
West Virginia Law Review
No abstract provided.
Judging Judicial Elections,
2016
Emory University School of Law
Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd
Michigan Law Review
Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor, who has championed judicial-election …
The Cyber-Industrial Complex,
2016
Bemidji State University
The Cyber-Industrial Complex, Connor O’Malley
Political Science Theses and Capstones
When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …
Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine,
2016
Benjamin N. Cardozo School of Law
Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine, Alisa Gdalina
Cardozo Journal of International and Comparative Law
The note argues that Crimea's unilateral secession from Ukraine in 2014 was illegal under both domestic Ukrainian law and international law. It contends that Crimea failed to meet the legal criteria for remedial secession, as it did not suffer the requisite severe and persistent human rights violations or exhaustion of alternatives, and that the secession violated Ukraine's constitutional provisions on territorial integrity.
Executive Opportunism, Presidential Signing Statements, And The Separation Of Powers,
2016
Northwestern University, Pritzker School of Law
Executive Opportunism, Presidential Signing Statements, And The Separation Of Powers, Daniel B. Rodriguez, Edward H. Stiglitz, Barry R. Weingast
Cornell Law Faculty Publications
Executive discretion over policy outcomes is an inevitable feature of our political system. However, in recent years, the President has sought to expand his discretion through a variety of controversial and legally questionable tactics. Through a series of simple separation of powers models, we study one such tactic, employed by both Democratic and Republican presidents: the use of signing statements, which purport to have status in the interpretation of statutory meaning. Our models also show that signing statements upset the constitutional vision of lawmaking and, in a wide range of cases, exacerbate legislative gridlock. We argue that courts should not …
The Politics Of Comparative Constitutional Inquiry: At The Crossroads Of Law, Political Science, And Ideology,
2016
Benjamin N. Cardozo School of Law
The Politics Of Comparative Constitutional Inquiry: At The Crossroads Of Law, Political Science, And Ideology, Michel Rosenfeld
Articles
No abstract provided.
Patrolling The New Sociology: Neil Gross Brings The Timely And Topical To A Venerable Department,
2016
Colby College
Patrolling The New Sociology: Neil Gross Brings The Timely And Topical To A Venerable Department, Gerry Boyle
Colby Magazine
That Gross was a patrolman with the Berkeley (Calif.) Police Department for a year before going to graduate school may be only tangentially related to his decision to teach a course next semester called Policing the American City. But his time on the beat certainly gives him classroom cred.
Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls,
2016
George Mason University
Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black
MAD-RUSH Undergraduate Research Conference
This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could be …
Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project,
2016
Cornell Law School
Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart
Fordham Urban Law Journal
Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises—that is, they involve a limited number of participants, often selected to achieve a …
Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion,
2016
Albany Law School
Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert
Fordham Urban Law Journal
No abstract provided.
Crime, Surveillance, And Communities,
2016
Brooklyn Law School
Crime, Surveillance, And Communities, Bennett Capers
Fordham Urban Law Journal
We have become a surveillance state. Cameras—both those controlled by the state, and those installed by private entities—watch our every move, at least in public. For the most part, courts have deemed this public surveillance to be beyond the purview of the Fourth Amendment, meaning that it goes largely unregulated—a cause for alarm for many civil libertarians. This Article challenges these views and suggests that we must listen to communities in thinking about cameras and other surveillance technologies. For many communities, public surveillance not only has the benefit of deterring crime and aiding in the apprehension of criminals. It can …
Policing, Protestors, And Discretion,
2016
Maurice A. Deane School of Law at Hofstra University
Policing, Protestors, And Discretion, Alafair Burke
Fordham Urban Law Journal
No abstract provided.
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections,
2016
JustLeadershipUSA
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton
Fordham Urban Law Journal
No abstract provided.
Empowering Small Donors: New York City’S Multiple Match Public Financing As A Model For A Post-Citizens United World,
2016
New York City Campaign Finance Board
Empowering Small Donors: New York City’S Multiple Match Public Financing As A Model For A Post-Citizens United World, Amy Loprest, Bethany Perskie
Fordham Urban Law Journal
No abstract provided.
Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending,
2016
Fordham University School of Law
Dark Money Rises: Federal And State Attempts To Rein In Undisclosed Campaign-Related Spending, Kristy Eagan
Fordham Urban Law Journal
No abstract provided.
