Law and Politics Commons^™

Democracy-Assisting Judicial Review And The Challenge Of Partisan Polarization, Terri Peretti

Utah Law Review

This Article recommends abandoning the democracy-assisting idea and instead exploring ways to prevent the Court from being enlisted in extreme and unrepresentative causes. Reform ideas should focus on increasing and regularizing turnover on the Court and encouraging the selection of more representative Justices, an outcome made more likely by increasing the representativeness of the elected officials who choose the Justices. Absent a crisis, of course, it is highly unlikely that any such reforms will be adopted. Nonetheless, it is a worthwhile exercise to think about how to enhance representational and consensus-building processes in the presence of growing partisan polarization. And …

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.

Revenue, U.S. Government, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of U.S. Government revenue receipts and spending during the early years of national history. Presents revenue generation statistics, information on revenue sources, and information on domestic and international political and economic factors affecting government revenue receipts.

The Politics Of Law And The Laws Of Politics: The Political Paradoxes Of Transnational Constitutionalism, Pablo Holmes

Indiana Journal of Global Legal Studies

This essay addresses the ongoing debate on transnational constitutionalism and the theoretical assumptions related to the possibilities of internal politicization of transnational governance. After reconstructing the debate on the transnationalization of law and the emergence of fragmented forms of transnational governance, I engage with the description of emerging forms of constitutional law within the fragmented legal regimes of global governance. After doing that, I explore the assumption exposed by some legal scholars, which insists on the possibility of an internal politicization of legal discourse as a way to challenge the so-called "rule of experts" in transnational law. Drawing on the …

The Price Of Privacy, 1973 To The Present, Mary Ziegler

Scholarly Publications

The legal academy has not been kind to the privacy rationale set forth in Roe v. Wade. Roe is seen to have promoted a single-issue agenda based on the importance of privacy and choice. Because Roe so quickly came under attack, its defense became a priority, and activists speaking out in favor of the opinion felt encouraged to defend it on its own terms. If the abortion issue were a matter of ordinary politics rather than constitutional law, the argument goes, activists would be free to develop more compelling claims for reproductive rights and to pursue a broader reproductive-health …

Environmental Law Outside The Canon, Todd S. Aagaard

Indiana Law Journal

It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate; …

Personal Is Political For Roberts Court, Eric J. Segall

Faculty Publications By Year

No abstract provided.

Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Unitary Innovations And Political Accountability, Edward H. Stiglitz

Cornell Law Faculty Publications

An important trend in administrative and constitutional law is to attempt to concentrate ever-greater control over the administrative state in the hands of the President. As the Supreme Court recently reminded us in Free Enterprise Fund v. Public Company Accounting Oversight Board, one foundation for this doctrinal trend is a fear that diffusing power diffuses accountability. Here, I study whether institutional innovations resulting from such judicial decisions support this functionalist constitutional value of political accountability, emphasizing under-appreciated complications arising out of interbranch relations. For most of the Article, I conduct an indepth empirical case study of the legislative veto, one …

Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne

Touro Law Review

No abstract provided.

Chasing The Sunlight: Disclosure Of Corporate Contributions To Political Action Committees In Nevada After Citizens United, Wade Beavers

Nevada Law Journal

No abstract provided.

None Of The Laws But One, Neil S. Siegel

Faculty Scholarship

This Symposium contribution explores differences in how congressional Republicans responded to Medicare and how they responded to the Patient Protection and Affordable Care Act (ACA). Given the narrowness of the constitutional challenges to the ACA that congressional Republicans promoted and the many federal taxes, expenditures, and regulations that they support, this Article rejects the suggestion that today's Republicans in Congress generally possess a narrow view of the constitutional scope of federal power. The Article instead argues that congressional Republicans then and now-and the two parties in Congress today-fracture less over the constitutional expanse of congressional authority and more over the …

Environmental Law Outside The Canon, Todd S. Aagaard

Faculty Publications

It is time to rethink the domination of environmental law by a canon of major federal statutes enacted in the 1970s. Environmental law is in a malaise. Despite widespread agreement that existing laws are inadequate to address current environmental problems, Congress has not passed a major environmental statute in more than twenty years. If it is to succeed, the environmental law of this new century may need to evolve into something that looks quite different than the extant environmental law canon. The next generation of environmental laws must be viable for creation and implementation even in an antagonistic political climate; …

On The Link Between Conflict, Underdevelopment And The Pursuit Of Basic Needs Satisfaction: A Survey Of Haitian Construction Workers In The Dominican Republic, Joseph W. Alliance

Capstone Collection

The purpose of this study was to explore how conflict and underdevelopment impact Haitian construction workers’ experiences and their basic human needs situation in the Dominican Republic. The Basic Human Needs Theory served as the main theoretical background to approach the topic. Qualitative data were gathered by employing a self- administered, one-time survey and conducting semi-structured interviews with 25 Haitian construction workers in sites located in the Distrito Nacional in the capital city, Santo Domingo and the Consuelo municipality in San Pedro de Macoris. Absence of work in Haiti for the very poor, systematic lack of access to social security, …

Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi

Master's Theses

This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …

Bruce Ledewitz, American Religious Democracy: Coming To Terms With The End Of Secular Politics, Thomas A. Schweitzer

Touro Law Review

No abstract provided.

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Perfect Timing: The Rise Of Women’S Political Leadership During Cultural Shifts, Christie E. Pearce

Oglethorpe Journal of Undergraduate Research

America has fallen behind in women's leadership, especially in politics. In the approaching era, there will be more viable female political candidates than ever in the past, but will the public be prepared to elect a woman to high office? Studies suggest that mentalities toward female leadership have taken a shift in a positive direction. The idea of what an 'ideal' politician must offer is more feminine in the modern era than ever before. In the age of social media, female politicians have opportunities to reach more constituents through social media in a more effective way than has been offered …

Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox

Touro Law Review

No abstract provided.

The Partisanship Spectrum, Justin Levitt

William & Mary Law Review

In a polarized political environment, allegations of excessive partisanship by public actors are ubiquitous. Commentators, courts, and activists levy these allegations daily. But with remarkable consistency, they do so as if “partisanship” described a single phenomenon. This Article recognizes that the default mode of understanding partisanship is a descriptive and diagnostic failure with meaningful consequences. We mean different things when we discuss partisanship, but we do not have the vocabulary to understand that we are talking past each other.

Without a robust conceptualization of partisanship, it is difficult to treat pathologies of partisan governance. Indeed, an undifferentiated approach to partisanship …