The Administrative Judiciary's Independence Myth,
2013
Pepperdine University
The Administrative Judiciary's Independence Myth, James E. Moliterno
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Fear Eclipses Justice, We All Lose: Shutter Guantanamo Now,
2013
Western New England University School of Law
When Fear Eclipses Justice, We All Lose: Shutter Guantanamo Now, Lauren Carasik
Media Presence
No abstract provided.
A Conservative Approach To Environmental Law: Be Data Driven,
2013
Florida State University College of Law
A Conservative Approach To Environmental Law: Be Data Driven, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
The Adjudication Of Kenya’S 2013 Election: Public Perception, Judicial Politics, And Institutional Legitimacy,
2013
SIT Study Abroad
The Adjudication Of Kenya’S 2013 Election: Public Perception, Judicial Politics, And Institutional Legitimacy, Charles Herman
Independent Study Project (ISP) Collection
This article presents the findings from an exploration of the 2013 Kenya Supreme Court ruling on the election petition. Raila Odinga, who averred that Uhuru Kenyatta was wrongly declared the victor of the election, brought a challenge to the Supreme Court. This article presents an overview of the election and judicial proceedings and then delves deeper into the issues. An application of Judicial Politics theory to the decision suggests that the Supreme Court was unbiased in the process. It is found that Uhuru Kenyatta supporters generally view the Supreme Court and the decision favorably and believe that no credible evidence …
The Supreme Court And Celebrity Culture,
2013
Chicago-Kent College of Law
The Supreme Court And Celebrity Culture, Richard A. Posner
Chicago-Kent Law Review
No abstract provided.
Claiming Neutrality And Confessing Subjectivity In Supreme Court Confirmation Hearings,
2013
IIT Chicago-Kent College of Law
Claiming Neutrality And Confessing Subjectivity In Supreme Court Confirmation Hearings, Carolyn Shapiro
Chicago-Kent Law Review
Supreme Court confirmation hearings provide a rare opportunity for the American people to hear what (would-be) justices think about the nature of judging and the role of the Supreme Court. In recent years, nominees have been quick to talk about judging in terms of neutrality and objectivity, most famously with Chief Justice Roberts’ invocation of the “neutral umpire,” and they have emphasized their reliance on legal texts and sources as if those sources can provide answers in difficult cases. Many of the cases heard by the Supreme Court, however, do not have objectively correct answers that can be deduced from …
Beyond The Opinion: Supreme Court Justices And Extrajudicial Speech,
2013
IIT Chicago-Kent College of Law
Beyond The Opinion: Supreme Court Justices And Extrajudicial Speech, Christopher W. Schmidt
Chicago-Kent Law Review
This Article examines how and why Supreme Court justices venture beyond their written opinions to speak more directly to the American people. Drawing on the history of the post-New Deal Court, I first provide a general framework for categorizing the kinds of contributions sitting justices have sought to make to the public discourse when employing various modes of extrajudicial speech—lectures, interviews, books, articles, and the like. My goal here is twofold: to provide a historically grounded taxonomy of the primary motivations behind extrajudicial speech; and to refute commonplace claims of a lost historical tradition of justices refraining from off-the-bench commentary …
Legal Rhetoric And Social Science: A Hypothesis For Why Doctrine Matters In Judicial Decisionmaking,
2013
Pace University
Legal Rhetoric And Social Science: A Hypothesis For Why Doctrine Matters In Judicial Decisionmaking, Brett Waldron
Pace International Law Review Online Companion
In the realm of American jurisprudence, little draws more excitement or controversy than investigating the role of federal judges in our constitutional order. Yet, at the same time, the scholarly literature has not settled upon a singular descriptive device to explain how federal judges actually carry out this role. In broad strokes, current academic commentary appears to be divided on the issue of whether fidelity to the law or fidelity to political ideology largely determines how judges decide cases. This division, however interesting it may be, should not be afforded the luxury of being examined on a level playing field. …
The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention,
2013
University of Manchester
The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison
Human Rights & Human Welfare
In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …
Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca,
2013
Boise State University
Unauthorized Televised Debate Footage In Political Campaign Advertising: Fair Use And The Dmca, Susan Park
Management Faculty Publications and Presentations
No abstract provided.
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet,
2013
Chicago-Kent College of Law
Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee
Chicago-Kent Law Review
The Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that our digital age of fluid information has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of political preference rather than …
The U.S. Supreme Court And Information Technology: From Opacity To Transparency In Three Easy Steps,
2013
Chicago-Kent College of Law
The U.S. Supreme Court And Information Technology: From Opacity To Transparency In Three Easy Steps, Jerry Goldman
Chicago-Kent Law Review
In this comment, I focus on three areas in which the Supreme Court of the United States could improve information sharing with the public: accessibility, data structure, and information standards. I then propose three simple and low-cost steps to address each of these areas.
Environmental Law At The Crossroads: Looking Back 25, Looking Forward 25,
2013
Harvard University
Environmental Law At The Crossroads: Looking Back 25, Looking Forward 25, Richard J. Lazarus
Michigan Journal of Environmental & Administrative Law
Twenty-five years used to seem like an exceedingly long time. It certainly did when I was graduating from law school and not yet twentyfive. My perspective on time, however, has (naturally) since evolved, much as environmental law itself and the controversies surrounding it have, too, evolved. The contrast between environmental law twenty-five years ago and environmental law today is remarkable and makes clear that environmental law and lawmaking were changing in fundamental ways a generation ago, but those changes are revealed only now with the aid of hindsight. To be sure, the statutory texts of domestic environmental law are strikingly …
Midnight Rules: A Reform Agenda,
2013
Boston University School of Law
Midnight Rules: A Reform Agenda, Jack M. Beermann
Michigan Journal of Environmental & Administrative Law
There is a documented increase in the volume of regulatory activity during the last ninety days of presidential administrations when the President is a lame duck, having either been defeated in a bid for re-election or being at the end of the second term in office. This includes an increase in the number of final rules issued as compared to other periods. The phenomenon of late-term regulatory activity has been called “midnight regulation,” based on a comparison to the Cinderella story in which the magic wears off at the stroke of midnight. This Article looks closely at one species of …
Risky Returns: Accounting For Risk In The Federal Budget,
2013
NYU
Risky Returns: Accounting For Risk In The Federal Budget, David Kamin
Indiana Law Journal
There has been a growing consensus among academics, analysts, and policymakers that the official federal budget estimates should reflect the “cost of risk”—the amount that the private market would demand to bear risk. The result would be to add tens, if not hundreds, of billions of dollars in annual costs to the federal budget and, in combination with the budget enforcement laws now in place, make it much more difficult for the federal government to create or expand programs that involve risk—ranging from student lending to home mortgage guarantees to, potentially, broad social insurance programs like unemployment insurance. This Article …
Explaining The Supreme Court's Interest In Patent Law,
2013
Emory University School of Law
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Dissenting State Patent Regimes,
2013
Berkeley Law
Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine,
2013
SIT Study Abroad
Lessons Learned From Pakistan: A Dissertation On The Bush-Obama Drone Doctrine, Michael A. Pipa
Independent Study Project (ISP) Collection
The first use of the modern day attack drone by the United States was in Afghanistan in mid 2002, and for the past 11 years attack drones have been used by the United States in as many countries as Pakistan, Yemen and Somalia. When considering the alternatives to using drones, such as sending marines on the ground to complete a mission or flying a piloted jet over enemy territory to gather intelligence, as well as the military power that the use of these vehicles projects, the attack drone has become the weapon of choice in the war on terror for …
The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas,
2013
Pitzer College
The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis
Pitzer Senior Theses
This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political …
Post Citizen United: The Lack Of Political Accountability And Rise Of Voter Suppression In A Time Of Newly Defined Corruption,
2013
Scripps College
Post Citizen United: The Lack Of Political Accountability And Rise Of Voter Suppression In A Time Of Newly Defined Corruption, Hannah S. Fullerton
Scripps Senior Theses
In 2010, our definition of democracy in America was drastically changed by the Supreme Court case Citizens United v. FEC. The Court ruled that under the First Amendment, corporations have the right to free speech. The decision removed the final ban on corporations, which prohibited corporate money used for direct advocacy. The consequences of this have been tremendous. The decision has allowed for the creation and rise of Super PACs and political active nonprofits. As a result, Super PACs and nonprofits now act as “shadow campaigns”. Outside groups have the ability to engage in voter suppression tactics without politically hurting …
