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.
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.
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 …
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 …
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.
Campaign Finance Advisory Opinions At The State Level,
2016
Center for Competitive Politics
Campaign Finance Advisory Opinions At The State Level, Allen Dickerson, Zac Morgan
Fordham Urban Law Journal
No abstract provided.
Introduction,
2016
Fordham Law School
The Public’S Right To Know Versus Compelled Speech: What Does Social Science Research Tell Us About The Benefits And Costs Of Campaign Finance Disclosure In Non-Candidate Elections?,
2016
College of Education at the University of Colorado
The Public’S Right To Know Versus Compelled Speech: What Does Social Science Research Tell Us About The Benefits And Costs Of Campaign Finance Disclosure In Non-Candidate Elections?, Dick Carpenter, Jeffrey Milyo
Fordham Urban Law Journal
No abstract provided.
Saving Democracy: A Blueprint For Reform In The Post-Citizens United Era,
2016
Wayne State University Law School
Saving Democracy: A Blueprint For Reform In The Post-Citizens United Era, Jocelyn Benson
Fordham Urban Law Journal
Since the founding of our democracy, attempts to curb the influence of money in the political process consistently fall short of their goal. In fact, a growing number of cynics see campaign finance reform—or any effort to reduce the impact of money in the political process—as inherently doomed to fail. With the recent dearth of meaningful campaign finance reform on the federal level in the post-Citizens United era, reform advocates must look to the states to explore and enact changes to the law that will promote a healthier role for money in politics. This Article reviews efforts to reform government …
Resisting Commercialism,
2016
Syracuse University College of Law
Resisting Commercialism, Rakesh K. Anand
Fordham Urban Law Journal
No abstract provided.
Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street,
2016
Fordham University School of Law
Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street, Zephyr Teachout
Fordham Urban Law Journal
No abstract provided.
The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today,
2016
Denver University, Sturm College of Law
The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel
Fordham Urban Law Journal
No abstract provided.
