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Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine, Alisa Gdalina 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, Michel Rosenfeld 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, Daniel B. Rodriguez, Edward H. Stiglitz, Barry R. Weingast 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, Michael S. Kang, Joanna M. Shepherd 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, Gerry Boyle 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, Noah T. Black 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, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart 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, Lenese Herbert 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, Bennett Capers 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, Alafair Burke 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, Janos Marton 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, Amy Loprest, Bethany Perskie 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, Kristy Eagan 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, Allen Dickerson, Zac Morgan 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, Martin E. Connor 2016 Fordham Law School

Introduction, Martin E. Connor

Fordham Urban Law Journal

No abstract provided.


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 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, Jocelyn Benson 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, Rakesh K. Anand 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, Zephyr Teachout 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, David B. Kopel 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.


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