Law and Politics Commons^™

Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan

CMC Senior Theses

In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive …

Book Review: "The Tragedy Of Religious Freedom", Ian C. Bartrum

Scholarly Works

Ian Bartrum reviews Marc DeGirolami's The Tragedy of Religious Freedom (Harvard University Press 2013).

Charities In Politics: A Reappraisal, Brian Galle

Georgetown Law Faculty Publications and Other Works

Federal law significantly limits the political activities of charities, but no one really knows why. In the wake of Citizens United, the absence of any strong normative grounding for the limits may leave the rules vulnerable to constitutional challenge. This Article steps into that breach, offering a set of policy reasons to separate politics from charity. I also sketch ways in which my more-precise exposition of the rationale for the limits helps guide interpretation of the complex legal rules implementing them.

Any defense of the political limits begins with significant challenges because of a long tradition of scholarly criticism of …

The Problem Of Democracy In Contexts Of Polarization, Imer Flores

Georgetown Law Faculty Publications and Other Works

In this paper I argue that contemporary democracies all over the world are more polarized than ever and intend to analyze not only the conditions of possibility of a democracy, in general, and in contexts of polarization, in particular, but also the relationship between democracy and polarization. My claim is that polarization, if certain conditions are met, more than a problem it is a great opportunity to democracy and a greater democratization. Hence, I bring to mind that it was Ronald Dworkin, who recently asked about the conditions of possibility of a democracy and its relationship with polarization by developing …

Afterword: The Libertarian Middle Way, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Libertarianism is sometimes portrayed as radical and even extreme. In this Afterword to a symposium on "Libertarianism and the Law" in the Chapman Law Review, I explain why, though it may be radical, libertarianism is far from extreme in comparison with its principal alternatives: the social justice of the Left or legal moralism of the Right. Social justice posits that everyone should get a certain amount of stuff; legal moralism posits that everyone should act in a certain way. But because there is no consensus about how much stuff each person should have or how exactly everyone should act, …

Two Great Leaders, L.A. Powe Jr.

NYLS Law Review

No abstract provided.

Revisionists’ History: A Foreword, Anthony W. Crowell

NYLS Law Review

No abstract provided.

Working Toward A Better-Functioning Government: Re Ections On The 2010 Charter Revision Commission, Matthew Goldstein

NYLS Law Review

No abstract provided.

A Case For And Against The Borough President In Twenty-First Century New York City, Gregory Perrotta

NYLS Law Review

No abstract provided.

Wagging, Not Barking: Statutory Definitions, Jeanne Price

Scholarly Works

Legislative text is distinguished by the frequency with which it specifies the meaning of the words it employs. More than 25,000 terms are defined in the United States Code alone. In few other contexts is there a perceived need to so carefully and repeatedly clarify meaning. This Article examines the roles played by definitions in a reader's understanding and application of a legislative text; it demonstrates that the effects of defining are not as straightforward as we might assume. The discussion is framed by the distinction between legislation as a communication vehicle and as an instrument of governance. In some …

From Coolidge To Christie: Historical Antecedents Of Current Government Officials Dealing With Public Sector Labor Unions, Bryan J. Soukup

Law Student Publications

One might ask: what do Calvin Coolidge, Ronald Reagan, Scott Walker and Chris Christie have in common? The most obvious answer is that they all are (or were) Republican Governors, but these four men have something much deeper in common. All four have faced-off against powerful public sector labor unions and won. This paper will address and examine the similarities between the anti-union actions taken by these men— Coolidge and the Boston Police Strike of 1919, Reagan and the Professional Air Traffic Controllers (“PATCO”) Strike of 1981, and Walker and Christie’s recent dealings with public employee unions. In the end, …

American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin

Publications

In an effort to reexamine legal and political decisions about criminalization and the role of the criminal law in shaping American markets and social institutions, this Article explores the ways in which criminal conspiracy laws in the United States have historically been used to subdue nonstate actors and informal markets that threatened the hegemony of the state and formal market. To this end, the Article focuses primarily on the Racketeer Influenced and Corrupt Organizations Act (RICO) as illustrative of broader trends in twentieth-century criminal policy. Enacted in 1970, RICO provides criminal sanctions for individuals engaged in unacceptable organized activities and …

President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein

NYLS Law Review

No abstract provided.

Of Law And The Revolution, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The Egyptian revolution is proving to be a very legal one. That is not to say that the revolution’s demands have been legalized, nor that Egypt’s law has been revolutionized, rather, the forces that have come to the fore since the toppling of Mubarak in Feb 2011 have chosen law as the privileged form through which to bargain with each other. The density of the legal back and fro has been overwhelming: constitutional amendments, constitutional supplementary declarations, parliamentary laws, legislative amendments, military decrees, court trials, constitutional court decisions overturning laws passed, conflicting decisions from various courts, presidential decrees, emergency laws …

Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong, Jeffrey B. Morris

Touro Law Review

No abstract provided.

Politics, Process, And Mayoral Power: The Story Of Ed Koch And The Appointment Of Frank Macchiarola As Chancellor Of The New York City Schools, Ross Sandler

NYLS Law Review

No abstract provided.

Change The Rules And You Change The Game: At’S Why Charter Revisions Matter In New York City, John Avlon

NYLS Law Review

No abstract provided.

Can Government Work?, Edward Skyler

NYLS Law Review

No abstract provided.

A Discussion On New York City And Its Future: A Conversation With New York City Council Speaker Christine Quinn, Christine C, Quinn

NYLS Law Review

No abstract provided.

Learning From Washington: A New Approach To Analyzing The Structure Of New York City’S Government, David S. Yassky

NYLS Law Review

No abstract provided.