An Essay Concerning Judicial Resignation And Non-Cooperation In The Presence Of Evil,
2011
Duquesne University
An Essay Concerning Judicial Resignation And Non-Cooperation In The Presence Of Evil, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Relation Of Theories Of Jurisprudence To International Politics And Law,
2011
Northwestern University School of Law
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
Faculty Working Papers
In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.
India In 2010: Robust Economics Amid Political Stasis,
2011
University of San Francisco
India In 2010: Robust Economics Amid Political Stasis, Shalendra Sharma
Politics
The Congress Party, although in a strong position to improve matters in 2010, generally proved disappointing, especially in the realm of governance and public policy. However, Indian authorities did demonstrate the ability to manage the economy well in a challenging international economic climate. President Obama’s three-day trip helped to reinvigorate bilateral ties, but India’s relations with China and Pakistan remained testy.
Subject To Surveillance: Genocide Law As Epistemology Of The Object,
2011
Florida International University College of Law
Subject To Surveillance: Genocide Law As Epistemology Of The Object, Tawia Baidoe Ansah
Faculty Publications
This article analyzes the discourse on genocide from two angles: the legal genesis of the term in the 1940s and subsequent legal "capture" of the concept of genocide, and a recent socio-political critique of the legal meaning of genocide. The article suggests that a cross-disciplinary critique of genocidal violence not only describes the event and the victim, but also produces knowledge of them as discursive "objects." The key issue is the "surveillance" role of the outside observer, also produced as such in discursive relation to the object. At stake in this view of genocide law as epistemology is the capacity …
Gay Marriage And The Citizens’ Initiative: A Comparative Analysis,
2011
Boise State University
Gay Marriage And The Citizens’ Initiative: A Comparative Analysis, Benjamin Larsen
McNair Scholars Research Journal
The legalization of gay marriage has become a contentious issue in the United States, especially for individual state governments. The variation between gay marriage policies in US states ranges from complete ban of all partnership benefits to complete marriage equality for homosexual couples. This study seeks to explain this variation by looking at the possible mechanical factors that could affect state gay marriage policies. Specifically, this study looks at the influence the presence or lack of the citizens’ initiative process has on the gay marriage movement. The sample is seven states that have previously or currently legalized gay marriage through …
El Derecho Para Decir “Sí, Quiero”: El Movimiento Lgbtq En Los Ee.Uu., España, Y La Argentina,
2011
Macalester College
El Derecho Para Decir “Sí, Quiero”: El Movimiento Lgbtq En Los Ee.Uu., España, Y La Argentina, Jamila A. Humphrie
Hispanic Studies Honors Projects
This Honors Project reflects my four years of experiences as a student of the Hispanic Studies Department. The project incorporates my experience and research conducted during my study abroad experience in Argentina, Spanish, and critical study and theory. Throughout the project, I examine the dichotomy between assimilation and liberation as a framework for the LGBTQ movement, and the commonalities in the histories of the three countries. My thesis states that: as a result of globalization and what I call the transatlantic trade of ideas, the LGBTQ movements in Spain, Argentina and the U.S. have all adapted a limited and ultimately …
Review Of Arthur Ripstein, Force And Freedom,
2011
Western University
Review Of Arthur Ripstein, Force And Freedom, Andrew Botterell
Law Publications
No abstract provided.
Principled Legal Pragmatism: Reconciling Posner And Dewey On Law And Democracy,
2011
Bilkent University
Principled Legal Pragmatism: Reconciling Posner And Dewey On Law And Democracy, Kory Spencer Sorrell
St. Thomas Law Review
The pressing practical question is how to cultivate democratic reconstruction? And here again, Posner's insights are both helpful and continuous with the pragmatism of James and Dewey. Both James and Dewey sought reform not primarily through deliberation, but through institutional reform. As Posner insists, "[w]e must accept the irreducible plurality of goals and preferences within a morally heterogeneous society such as that of the United States, and proceed from there." And proceeding from there-successfully, not just aspirationally-means discarding idealistic notions of democracy in favor of institutional and social arrangements that support a morally diverse community, the members of which are …
The Tea Party's Constitution,
2011
Roger Williams University School of Law
The Tea Party's Constitution, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Can Popular Constitutionalism Survive The Tea Party Movement?,
2011
Roger Williams University School of Law
Can Popular Constitutionalism Survive The Tea Party Movement?, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
The Tea Party Movement And The Perils Of Popular Originalism,
2011
Roger Williams University School of Law
The Tea Party Movement And The Perils Of Popular Originalism, Jared A. Goldstein
Law Faculty Scholarship
The Tea Party movement presents something of a curiosity for constitutional theory because it combines originalist ideology and popular constitutionalist methods. Like minotaurs, werewolves, and other half-man, half-animal hybrids of myth and legend, the Tea Party's hybrid of originalism and popular constitutionalism serves to expose the limitations of both sources upon which it draws. Although originalists assert that interpreting the Constitution according to its original meaning would take politics out of constitutional law, the Tea Party movement shows that originalism also provides a powerful political rhetoric. Moreover, while popular constitutionalists assert that democracy would be advanced by empowering the people …
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011),
2011
John Marshall Law School
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn
UIC Law Review
No abstract provided.
Commentary: Campaign Finance In The Wake Of Citizens United, 44 J. Marshall L. Rev. 583 (2011),
2011
UIC School of Law
Commentary: Campaign Finance In The Wake Of Citizens United, 44 J. Marshall L. Rev. 583 (2011), Thomas E. Mann
UIC Law Review
No abstract provided.
Small-Donor Public Financing In The Post-Citizens United Era, 44 J. Marshall L. Rev. 619 (2011),
2011
UIC School of Law
Small-Donor Public Financing In The Post-Citizens United Era, 44 J. Marshall L. Rev. 619 (2011), Monica Youn
UIC Law Review
No abstract provided.
A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011),
2011
UIC School of Law
A Capitalist Joker: The Strange Origins, Disturbing Past, And Uncertain Future Of Corporate Personhood In American Law, 44 J. Marshall L. Rev. 643 (2011), David H. Gans, Douglas T. Kendall
UIC Law Review
No abstract provided.
So What If Corporations Aren't People?, 44 J. Marshall L. Rev. 701 (2011),
2011
UIC School of Law
So What If Corporations Aren't People?, 44 J. Marshall L. Rev. 701 (2011), Ilya Shapiro, Caitlyn W. Mccarthy
UIC Law Review
No abstract provided.
Citizens United And Tiered Personhood, 44 J. Marshall L. Rev. 717 (2011),
2011
UIC School of Law
Citizens United And Tiered Personhood, 44 J. Marshall L. Rev. 717 (2011), Atiba R. Ellis
UIC Law Review
No abstract provided.
Ending A Peculiar Evil: The Constitution, Campaign Finance Reform, And The Need For Change In Focus After Citizens United V. Fec, 44 J. Marshall L. Rev. 773 (2011),
2011
UIC School of Law
Ending A Peculiar Evil: The Constitution, Campaign Finance Reform, And The Need For Change In Focus After Citizens United V. Fec, 44 J. Marshall L. Rev. 773 (2011), Carson Griffis
UIC Law Review
No abstract provided.
Class Matters,
2011
University of Georgia
Class Matters, Erica J. Hashimoto
Scholarly Works
Poor people constitute one of the most overrepresented categories of people in the criminal justice system. Why is that so? Unfortunately, we simply do not know, in large part because we have virtually no information that could provide an answer. As a result of that informational vacuum, policymakers either have ignored issues related to socioeconomic class, instead focusing on issues like drug addiction and mental illness as to which there are more data, or have developed fragmented policy that touches on socioeconomic class issues only tangentially. The bottom line is that without better data on the profile of poor defendants, …
The Geometry Of Inside And Outside,
2011
University of Miami School of Law
The Geometry Of Inside And Outside, David Abraham
Articles
These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.
