Reflections On The 1989 Charter Revisions,
2013
New York City Corporation Counsel
Reflections On The 1989 Charter Revisions, Michael A. Cardozo
NYLS Law Review
No abstract provided.
Twenty-Five Years Later: Re Ections On New York City’S 1989 Charter Revision Commission And On Charter Commissions In General,
2013
Chief Counsel, the Brennan Center for Justice at New York University School of Law
Twenty-Five Years Later: Re Ections On New York City’S 1989 Charter Revision Commission And On Charter Commissions In General, Frederick A.O. Schwarz Jr.
NYLS Law Review
No abstract provided.
Twenty-Five Years Of The Council-Mayor Governance Of New York City: A History Of The Council’S Powers, The Separation Of Powers, And Issues For Future Resolution,
2013
General Counsel at the New York City Council, 2013
Twenty-Five Years Of The Council-Mayor Governance Of New York City: A History Of The Council’S Powers, The Separation Of Powers, And Issues For Future Resolution, Elizabeth Fine, James Caras
NYLS Law Review
No abstract provided.
Promoting An E Ective And Responsive City Government By Retaining And Strengthening The Office Of The Public Advocate,
2013
Rothman, Schneider, Soloway & Stern, LLP, Associate Attorney
Promoting An E Ective And Responsive City Government By Retaining And Strengthening The Office Of The Public Advocate, Lucas Anderson
NYLS Law Review
No abstract provided.
Owning Stock While Making Law: An Agency Problem And A Fiduciary Solution,
2013
Indiana University Maurer School of Law
Owning Stock While Making Law: An Agency Problem And A Fiduciary Solution, Donna M. Nagy
Articles by Maurer Faculty
No abstract provided.
2013 International Advocate For Peace Award Acceptance Speech,
2013
39th President of the United States
2013 International Advocate For Peace Award Acceptance Speech, Jimmy Carter
Cardozo Journal of Conflict Resolution
On April 10, 2013, the Cardozo Journal of Conflict Resolution presented its annual International Advocate for Peace Award to Jimmy Carter, 39th President of the United States. What follows is a transcription of his public address at the Law School, entitled "America as Global Mediator."
Translating Fiduciary Principles Into Public Law,
2013
Fordham University School of Law
Translating Fiduciary Principles Into Public Law, Ethan J. Leib, David L. Ponet, Michael Serota
Faculty Scholarship
Because public office is a public trust, fiduciary architecture can help orient us in figuring out how political power should be exercised legitimately. Part of the appeal of conceiving the political relationship between representative and represented in fiduciary terms is that it regards politics in more realistic and textured ways — as a constellation of power relationships in a web of trust and vulnerability — rather than as a mere social contract no one ever signed. Thinking of legislators as public fiduciaries tells us much about the nature of the relationship between the governed and their governors and it can …
Slaves To Contradictions: 13 Myths That Sustained Slavery,
2013
University of Akron School of Law
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Akron Law Faculty Publications
People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …
A Research Agenda For Uncooperative Federalists,
2013
Duke Law School
A Research Agenda For Uncooperative Federalists, Ernest A. Young
Faculty Scholarship
No abstract provided.
The Mobility Case For Regionalism,
2013
Fordham University School of Law
The Mobility Case For Regionalism, Nestor M. Davidson, Sheila R. Foster
Faculty Scholarship
In the discourse of local government law, the idea that a mobile populace can “vote with its feet” has long served as a justification for devolution and decentralization. Tracing to Charles Tiebout’s seminal work in public finance, the legal-structural prescription that follows is that a diversity of independent and empowered local governments can best satisfy the varied preferences of residents metaphorically shopping for bundles of public services, regulatory environment, and tax burden. This localist paradigm generally presumes that fragmented governments are competing for residents within a given metropolitan area. Contemporary patterns of mobility, however, call into question this foundational assumption. …
Defending Democracy: A New Understanding Of The Party-Banning Phenomenon,
2013
Vanderbilt University Law School
Defending Democracy: A New Understanding Of The Party-Banning Phenomenon, Gur Bligh
Vanderbilt Journal of Transnational Law
Recent years have witnessed a growing tendency among established democracies to battle political extremism by banning extremist parties. This Article explores this phenomenon in its wide-ranging international manifestations. The Article aims to challenge the prevalent paradigm underlying the discussion of party banning and to introduce a new paradigm for conceptualizing the party-banning phenomenon in its current reincarnation. Traditionally, the discussion concerning party banning has been strongly shaped by the traumatic experience of Hitler's rise to power and the collapse of the Weimar Republic. Hence, it has focused upon parties that are overtly opposed to democracy, like communist or fascist parties. …
Midnight Rules: A Reform Agenda,
2013
Boston University School of Law
Midnight Rules: A Reform Agenda, Jack M. Beermann
Faculty Scholarship
There is a documented increase in the volume of regulatory activity during the last 90 days of presidential administrations. 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 Report, prepared for the Administrative Conference of the United States, looks closely at one species of Midnight Regulation, namely Midnight Rules, promulgated in the last 90 days of an administration. The Report examines the phenomenon and concludes with recommendations adopted by the Administrative Conference of the United States at its …
The Political Morality Of Voting In Direct Democracy,
2013
Independent
The Political Morality Of Voting In Direct Democracy, Michael Serota, Ethan J. Leib
Faculty Scholarship
The voting levers in candidate elections and in direct democracy elections are identical. The political obligations that bind the citizens that pull them are not. This Essay argues that voters in direct democracy elections, unlike their counterparts in candidate elections, serve as representatives of the people and are, accordingly, bound by the ethics of political representation. Upending the traditional dichotomy between representative and direct democracy, this Essay explains why citizens voting in direct democracy are representative legislators who must vote in the public interest and must not vote in their private interests.
The President's Enforcement Power,
2013
University of Michigan Law School
The President's Enforcement Power, Kate Andrias
Articles
Enforcement of law is at the core of the President’s constitutional duty to “take Care” that the laws are faithfully executed, and it is a primary mechanism for effecting national regulatory policy. Yet questions about how presidents oversee agency enforcement activity have received surprisingly little scholarly attention. This Article provides a positive account of the President’s role in administrative enforcement, explores why presidential enforcement has taken the shape it has, and examines the bounds of the President’s enforcement power. It demonstrates that presidential involvement in agency enforcement, though extensive, has been ad hoc, crisis-driven, and frequently opaque. The Article thus …
Egypt's New Constitution: The Islamist Difference,
2013
Georgetown University Law Center
Egypt's New Constitution: The Islamist Difference, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
The paper discusses the distributional impact of the rules of the new Egyptian constitution (2012). It specifically addresses the way such rules, substantive and (potentially) procedural, can influence Egyptian law's identity and the underlying relations between the state and individuals and among individuals themselves that such identity implies.
Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech,
2013
University of Colorado Law School
Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech, Margot E. Kaminski
Publications
The First Amendment protects anonymous speech, but the scope of that protection has been the subject of much debate. This Article adds to the discussion of anonymous speech by examining anti-mask statutes and cases as an analogue for the regulation of anonymous speech online. Anti-mask case law answers a number of questions left open by the Supreme Court. It shows that courts have used the First Amendment to protect anonymity beyond core political speech, when mask-wearing is expressive conduct or shows a nexus with free expression. This Article explores what the anti-mask cases teach us about anonymity online, including proposed …
Panel Iii: Politics And The Public In Ip & Info Law Policy Making,
2013
Benjamin Cardozo School of Law
Panel Iii: Politics And The Public In Ip & Info Law Policy Making, Michael J. Burstein, Derek Khanna, Jessica D. Litman, Sherwin Siy, Richard S. Whitt
Other Publications
We have been moving gradually from the theoretical to the practical. Having examined the impact of critical legal studies ("CLS") in the academy and having discussed the intersection between scholarship and activism, we now turn to the nitty-gritty questions of how to actually enact change in intellectual property and information law and policy.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights,
2013
Loyola University Chicago
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Presidential Power, Historical Practice, And Legal Constraint,
2013
Duke Law School
Presidential Power, Historical Practice, And Legal Constraint, Curtis A. Bradley, Trevor W. Morrison
Faculty Scholarship
The scope of the President’s legal authority is determined in part by historical practice. This Essay aims to better understand how such practice-based law might operate as a constraint on the presidency. Some scholars have suggested that presidential authority has become “unbounded” by law, and is now governed only or primarily by politics. At the same time, there has been growing skepticism about the ability of the familiar political checks on presidential power to work in any systematic or reliable fashion. Skepticism about law’s potential to constrain in this context is heightened by the customary nature of much of what …
The Search For Authenticity And The Manipulation Of Tradition: Restrictions On Women's Reproductive Rights In The United States And Egypt,
2013
University of Georgia School of Law
The Search For Authenticity And The Manipulation Of Tradition: Restrictions On Women's Reproductive Rights In The United States And Egypt, Sarah M. Stephens
Cardozo Journal of Equal Rights & Social Justice
The article argues that restrictions on women's reproductive rights in both the U.S. and Egypt are rooted in the use of authenticity and cultural essentialism to maintain patriarchal control. These restrictions, though justified through differing cultural and legal frameworks, reflect a common goal of silencing women and preserving traditional social hierarchies. The analysis highlights how law and politics are employed as tools to construct cultural otherness, furthering political agendas at the expense of women's reproductive autonomy and dignity.
