The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution,
2015
Loyola Marymount University and Loyola Law School
The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper
Loyola of Los Angeles Law Review
Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …
Lawyered Up: Local Communities, Courts, And Urban Renewal,
2015
Macalester College
Lawyered Up: Local Communities, Courts, And Urban Renewal, Madeline Spolin
Sociology Honors Projects
What is the role of the judicial system in solving issues of urban renewal? I propose that communities use courts as a redress to become part of the decision making process on urban renewal issues, because courts provide procedural issues that are easily open to challenge in federal statute. I analyze public statements made throughout the construction of the Green Line in Minneapolis and St. Paul, Minnesota, a federally funded urban renewal project. In spite of built in public consultation processes, changes to transit design do not occur when concerns are raised at public consultation meetings; instead, they come from …
"Stand Your Ground" And Self Defense,
2015
William & Mary Law School
"Stand Your Ground" And Self Defense, Cynthia Ward
Faculty Publications
No abstract provided.
Constructed Constraint And The Constitutional Text,
2015
Duke Law School
Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel
Faculty Scholarship
In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be “constructed” upon by various materials. This Article takes a different approach. Instead of considering how various materials can supplement, implement, or interact with the constitutional text, the Article focuses on how the text itself is often partially constructed in American constitutional practice. Although interpreters typically regard clear text as controlling, this Article contends that whether the text is perceived to be clear is often affected by various “modalities” of constitutional interpretation that are normally …
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?,
2015
Pepperdine University
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
Global Tides
This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …
The Ceo And The Hydraulics Of Campaign Finance Deregulation,
2015
Northwestern Pritzker School of Law
The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan
Northwestern University Law Review
Voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. In 2014, after it became public that Mozilla’s CEO, Brendan Eich, had made a controversial political donation in a state ballot proposition, consumer pressure led to his resignation. Eich’s downfall and the politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Supreme Court has failed to anticipate. This Essay explores what “economic reprisal” means …
The Twilight Zone: Perspectives From A Man On Death Row,
2015
Death Row Inmate
The Twilight Zone: Perspectives From A Man On Death Row, Gerald Dean Cruz, Leah Stiegler
University of Richmond Law Review
No abstract provided.
The Executioner's Dilemmas,
2015
University of Nebraska College of Law
The Executioner's Dilemmas, Eric Berger
University of Richmond Law Review
No abstract provided.
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution,
2015
University of Richmond School of Law
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao
University of Richmond Law Review
No abstract provided.
The Politics Of Botched Executions,
2015
University of Richmond School of Law
The Politics Of Botched Executions, Corinna Barrett Lain
University of Richmond Law Review
No abstract provided.
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty,
2015
Earley Legal Group, LLC, Leesburg, Virginia
A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.
University of Richmond Law Review
No abstract provided.
Has The "Machinery Of Death" Become A Clunker?,
2015
University of Notre Dame
Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith
University of Richmond Law Review
No abstract provided.
The Discipline Of International Law In Republican China And Contemporary Taiwan,
2015
Singapore Management University
The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the discipline of international law. It …
Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity,
2015
Penn State Dickinson Law
Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000,
2015
Penn State Dickinson Law
Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. Mcdonald
Penn State Journal of Law & International Affairs (2012 - Present)
Food security remains an urgent problem affecting the national security and interests of states, as well as the human security of people and communities around the world. This article examines the changing landscape of food security threats and vulnerabilities by examining three sets of concerns that are converging to amplify, disrupt, and transform food relations: nutrition, food safety, and global environmental change. Ensuring food security will require utilization of a range of capabilities from the state, private, and non-state sectors to confront world food problems and build a sustainable and resilient world food network.
World Poverty And Food Insecurity,
2015
Penn State Dickinson Law
World Poverty And Food Insecurity, Carmen G. Gonzalez
Penn State Journal of Law & International Affairs (2012 - Present)
The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place …
The Future Of Food Assistance: Opportunities And Challenges,
2015
Penn State Dickinson Law
The Future Of Food Assistance: Opportunities And Challenges, Erin Lentz
Penn State Journal of Law & International Affairs (2012 - Present)
The past decade has seen a radical remaking of direct food security interventions and an expanded understanding of preventing undernutrition. Today, there are more food assistance choices; researchers have identified the first 1000 days as a critical window for life-long cognitive development and health outcomes; and our understanding of the value of more tailored, nutritionally-specific interventions has expanded. The opportunities resulting from these findings can generate more effective food assistance programs. However, benefits from these findings will only be achieved if policymakers and practitioners clarify and prioritize among objectives and seek ways to build greater programming flexibility into the current …
The World Trade Organization Agreement On Agriculture And World Food Security,
2015
Penn State Dickinson Law
The World Trade Organization Agreement On Agriculture And World Food Security, David Blandford
Penn State Journal of Law & International Affairs (2012 - Present)
This article discusses the nature of food insecurity in poor countries, its causes, and how these can be addressed. Disciplines are imposed on domestic agricultural policies through World Trade Organization (WTO) agreements, in particular the Agreement on Agriculture (AoA), resulting from the Uruguay Round negotiations that were completed in 1994. The AoA provides considerable flexibility for countries to pursue a range of economically efficient policies aimed at food security objectives. However, it limits the use of some policy measures, such as price supports and input subsidies, that can be costly and inefficient, and also has negative environmental consequences. There is …
Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition,
2015
Penn State Dickinson Law
Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan
Penn State Journal of Law & International Affairs (2012 - Present)
Recent global food price volatility combined with the growing use of agricultural land to produce biofuels has sparked a global scramble for land, with Sub-Saharan African countries serving as the main targets for investors. Derided as “land-grabbing” by those opposed to the practice, the phenomenon of large-scale acquisition of farmland by governments and private investors sparked a global debate since the global food crisis of 2008. Although international investment in agriculture plays a vital role in development and poverty reduction, large scale international investment poses some serious risks to both communities and international investors. Because there are no signs of …
Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada,
2015
Penn State Dickinson Law
Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada, Nathaniel L. Foote
Penn State Journal of Law & International Affairs (2012 - Present)
Pennsylvania has struggled with rapid expansion in the state's unconventional oil and gas sector with the development of the Marcellus Shale formation. Likewise, Alberta, Canada has experienced similar growth. Yet Pennsylvania and Alberta's approaches to local land use and resource extraction differ considerably. This paper discusses each region's experience with oil and gas development, and contrasts their approaches to land use regulation in this context. The paper concludes that the Canadians' approach holds important lessons for Pennsylvania.
