Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses,
2014
Yeshiva University, Cardozo School of Law
Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses, Caroline E. Sapp
Cardozo Journal of International and Comparative Law
America's criminal justice system is in need of targeted reform. Throughout this country, too many Americans are trapped- and too many communities are weakened - by a vicious cycle of poverty, criminality, and incarceration. Too many people go to too many prisons for far too long - and for no truly good law enforcement reason. The U.S. prison population has grown at an astonishing rate over the last three decades - by almost 800 percent since 1980, despite the fact that America's overall population has increased by only about a third. As we speak, more than 219,000 federal inmates are …
The Political Safeguards Of Horizontal Federalism,
2014
Yale Law School
The Political Safeguards Of Horizontal Federalism, Heather K. Gerken, Ari Holtzblatt
Michigan Law Review
For decades, we have debated whether “political safeguards” preserve healthy relations between the states and the federal government and thus reduce or eliminate the need for judges to referee state–federal tussles. No one has made such an argument about relations among the states, however, and the few scholars to have considered the question insist that such safeguards don’t exist. This Article takes the opposite view and lays down the intellectual foundations for the political safeguards of horizontal federalism. If you want to know what unites the burgeoning work on horizontal federalism and illuminates the hidden logic of its doctrine, you …
Separation Of Powers Crisis: The Case Of Argentina,
2014
Georgetown University Law Center
Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla
Georgia Journal of International & Comparative Law
No abstract provided.
International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority,
2014
University of Georgia School of Law
International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck
Georgia Journal of International & Comparative Law
No abstract provided.
Challenges To The Territorial Integrity Of Guyana: A Legal Analysis,
2014
American University in Cairo
Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan
Georgia Journal of International & Comparative Law
No abstract provided.
Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana,
2014
Department of Law, University of Guyana
Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan
Georgia Journal of International & Comparative Law
No abstract provided.
Vladimir Putin And The Rule Of Law In Russia,
2014
Southern Methodist University
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
Toward A United Ireland? The Northern Ireland Peace Process And The Devolution Of Powers From London To Belfast,
2014
University of Georgia School of Law
Toward A United Ireland? The Northern Ireland Peace Process And The Devolution Of Powers From London To Belfast, Matthew G. Rooks
Georgia Journal of International & Comparative Law
No abstract provided.
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal,
2014
Georgetown University Law Center
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh
Georgia Journal of International & Comparative Law
No abstract provided.
Unesco Documents And Procedure: The Need To Account For Political Conflict When Designating World Heritage Sites,
2014
University of Georgia School of Law
Unesco Documents And Procedure: The Need To Account For Political Conflict When Designating World Heritage Sites, Allan Galis
Georgia Journal of International & Comparative Law
No abstract provided.
Criminalizing Politics,
2014
William & Mary Law School
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers,
2014
University of Georgia School of Law
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell
Georgia Journal of International & Comparative Law
No abstract provided.
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law,
2014
Florida State University College of Law
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Fairness, Equity, And A Level Playing Field: Development Goals For The Resilient City,
2014
Texas A&M University School of Law
Fairness, Equity, And A Level Playing Field: Development Goals For The Resilient City, Christopher K. Odinet
Faculty Scholarship
In the wake of the Great Recession and in the midst of a political climate that endorses the devolution of governmental power to more localized levels there has been a resurgence in recent years of the idea of the city as the center of American life. Competition between cities in capturing economic development projects has become palpable. Success can lead to job creation and growth, private investment, and, importantly, increased tax revenues. Cities often compete with one another by each offering their own package of public incentives. In the waning hours of negotiations hundreds of millions of public dollars can …
Angela Harris: The Person, The Teacher, The Scholar,
2014
Texas A&M University School of Law
Angela Harris: The Person, The Teacher, The Scholar, Rachel F. Moran
Faculty Scholarship
Angela Harris has written eloquently about the creative tensions that define her as a person, a teacher, and a scholar. She has explored the challenges of maintaining a private identity when called upon to share her life experience with a public audience, whether in the classroom, at a conference, or in an essay. She has reflected on the ways in which legal teaching privileges reason over emotion, wondering whether this dynamic impoverishes the exchange of ideas and undervalues the joy that can motivate a caring advocate. And, she has explored the dialectic between identity politics and the structural forces that …
Actually We Should Wait: Evaluating The Obama Administration’S Commitment To Unilateral Executive-Branch Action,
2014
University of North Carolina
Actually We Should Wait: Evaluating The Obama Administration’S Commitment To Unilateral Executive-Branch Action, William P. Marshall
Utah Law Review
This Article agrees with the premise that increased polarization in American politics has made the work of the executive branch more difficult and that this Congress in particular has failed to act responsibly. It also agrees that presidents may no longer be able to expect that members of Congress will abandon their partisan interests in favor of the common good.9 It does not agree, however, that separation-of-powers constraints on the presidency should be adjusted to reflect this new political dynamic.
Holding The President Accountable To Constitutional Limits,
2014
William and Mary Law School
Holding The President Accountable To Constitutional Limits, Louis Fisher
Utah Law Review
As with Congress and the judiciary, presidents have access to powers expressly stated in the Constitution and those necessarily implied in those grants. In highly limited circumstances, presidents may also exercise a “prerogative” (i.e., unilateral action), but that authority is frequently misunderstood and subject to abuse. Unlike those in the other branches, presidents lay claim to a host of powers far beyond enumerated and implied powers. In seizing steel mills in 1952 to prosecute the war in Korea, President Harry Truman acted on what he called an “inherent” power that was not subject to judicial or legislative checks. Presidents Richard …
Executive Power In The Obama Administration And The Decision To Seek Congressional Authorization For A Military Attack Against Syria: Implications For Theories Of Unilateral Action,
2014
SJ Quinney College of Law, University of Utah
Executive Power In The Obama Administration And The Decision To Seek Congressional Authorization For A Military Attack Against Syria: Implications For Theories Of Unilateral Action, Kenneth R. Mayer
Utah Law Review
The primary axiom of the unilateral-powers literature is that the institutional setting and political incentives that confront presidents push them to seek maximum discretion over policy. The straightforward implication is that presidents will seek control (Terry Moe calls it autonomy)—always contentious given the competitive political authority at the heart of separation of powers, but necessary to them given their interests and position in the political system. Empirically, presidents are expected to (and do) act unilaterally, moving first to put their stamp on policy and process, shape institutional structures, and alter the status quo to shift government outputs toward their preferred …
Reinvigorating The Judiciary’S Role In Resolving Interbranch Disputes,
2014
University of Utah, S.J. Quinney College of Law
Reinvigorating The Judiciary’S Role In Resolving Interbranch Disputes, Michael Teter
Utah Law Review
The Framers established a federal government of three coequal, coordinate branches—each with its own constitutional responsibilities and each charged with checking the other two branches. Indeed, separated functions and balance of power are the two underlying elements of our bedrock constitutional principle of separation of powers. The current style of governance in the Unites States poses a unique and serious threat to that basic principle. Congressional dysfunction prevents the legislative branch from legislating, pushes the executive branch toward assuming greater lawmaking authority, and undermines the ability of both the judiciary and executive branch to fulfill their own constitutional obligations.
Panvasive Surveillance, Political Process Theory And The Nondelegation Doctrine,
2014
Vanderbilt University Law School
Panvasive Surveillance, Political Process Theory And The Nondelegation Doctrine, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Using the rise of the surveillance state as its springboard, this Article makes a new case for the application of administrative law principles to law enforcement. It goes beyond asserting, as scholars of the 1970s did, that law enforcement should develop the types of rules that govern other executive agencies, by showing how the imperative of administrative regulation flows from a version of John Hart Ely's political process theory and principles derived from the closely associated nondelegation doctrine. Part I introduces the notion of panvasive law enforcement-large-scale police actions that are not based on individualized suspicion-and exposes the incoherence of …
